§ 1029.8.Unlicensed Person Providing Goods Or Services For Which License Required

Title 14. Of Miscellaneous Provisions · Chapter 6. Of Costs · Last amended 2005 · Last verified July 28, 2026

In one sentenceSection 1029.8 makes an unlicensed person who causes injury while providing goods or services requiring a license liable for treble damages up to $10,000 in additional damages, with the court able to award costs and attorney's fees to a prevailing injured plaintiff, subject to several exemptions for good-faith or lapsed licensure.

Full Text of § 1029.8

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Any unlicensed person who causes injury or damage to another person as a result of providing goods or performing services for which a license is required under Division 2 (commencing with Section 500) or any initiative act referred to therein, Division 3 (commencing with Section 5000), or Chapter 2 (commencing with Section 18600) or Chapter 3 (commencing with Section 19000) of Division 8, of the Business and Professions Code, or Chapter 2 (commencing with Section 25210) or Chapter 3 (commencing with Section 25230) of Part 3 of Division 1 of Title 4 of the Corporations Code, shall be liable to the injured person for treble the amount of damages assessed in a civil action in any court having proper jurisdiction. The court may, in its discretion, award all costs and attorney's fees to the injured person if that person prevails in the action.

(b) This section shall not be construed to confer an additional cause of action or to affect or limit any other remedy, including, but not limited to, a claim for exemplary damages.

(d) For the purposes of this section, the term "unlicensed person" shall not apply to any of the following:

(1) Any person, partnership, corporation, or other entity providing goods or services under the good faith belief that they are properly licensed and acting within the proper scope of that licensure.

(2) Any person, partnership, corporation, or other entity whose license has expired for nonpayment of license renewal fees, but who is eligible to renew that license without the necessity of applying and qualifying for an original license.

(3) Any person, partnership, or corporation licensed under Chapter 6 (commencing with Section 2700) or Chapter 6.5 (commencing with Section 2840) of the Business and Professions Code, who provides professional nursing services under an existing license, if the action arises from a claim that the licensee exceeded the scope of practice authorized by his or her license.

(e) This section shall not apply to any action for unfair trade practices brought against an unlicensed person under Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code, by a person who holds a license that is required, or closely related to the license that is required, to engage in those activities performed by the unlicensed person.

End

Plain-English Summary

This section penalizes people who cause harm while working outside the license the law requires for their trade -- contractors, certain professionals, and others covered by the specific licensing statutes it cross-references in the Business and Professions and Corporations Codes. An injured person can sue for treble the damages assessed, though subdivision (c) caps that extra amount at $10,000 beyond the actual damages.

Costs and fees follow the same discretionary pattern used elsewhere in this chapter: if the injured plaintiff prevails, the court may, in its discretion, award all costs and attorney's fees on top of the treble-damages recovery. Subdivision (b) makes clear this remedy doesn't replace or limit any other remedy the plaintiff might have, including a claim for exemplary damages.

Not everyone working without a current license falls within the statute's reach. Subdivision (d) excludes anyone who provided goods or services under a good-faith belief they were properly licensed and acting within scope, anyone whose license lapsed only for nonpayment of renewal fees but who remains eligible to renew without reapplying, and certain licensed nurses accused only of exceeding their scope of practice. Subdivision (e) also keeps this section out of unfair-competition actions brought under Business and Professions Code § 17000 by someone holding a closely related license.

Frequently Asked Questions

What damages can an injured plaintiff recover under Section 1029.8?

Treble the amount of damages assessed, with the additional damages above the actual loss capped at $10,000.

Can a prevailing plaintiff also recover costs and attorney's fees?

Yes, the court may, in its discretion, award all costs and attorney's fees to the injured person who prevails.

Does this section apply to someone who believed in good faith they were properly licensed?

No. Subdivision (d) excludes a person who provided goods or services under a good-faith belief of proper licensure and scope.

Does a lapsed license always trigger liability under this section?

Not if the license lapsed only for nonpayment of renewal fees and the person remains eligible to renew without reapplying for an original license.

Amendment History

Amended by Stats 2004 ch 575 (AB 2167),s 1, eff. 1/1/2005

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

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