Hinerfeld-Ward, Inc. v. Lipian

In Hinerfeld-Ward, Inc. v. Lipian (2010) 188 Cal.App.4th 86, the Court upheld enforcement of an oral contract even though it violated the statutory requirement that home improvement contracts be in writing. Affirming the trial court's judgment, the appellate court reasoned the enforcement of an oral home improvement contract depends on an evaluation of the particular facts of the case including the relative sophistication of the homeowners or their representatives on the project and whether it would be unjust not to allow recovery for substantial work that had been performed. The court concluded, based on the evidence presented at trial, "this is a compelling case warranting enforcement of the oral home improvement contract under the Asdourian, supra, 38 Cal.3d 276, line of authority." (Hinerfeld-Ward, at pp. 94-95.)