Martinez

I. FACTUAL AND PROCEDURAL BACKGROUND

Joel Walrath, a licensed plumber, lived with his mother-in-law, Gayle Jelley, in

Lake Elsinore. Walrath was present when Jelley contracted with defendant to construct a

pool in her backyard on January 21, 2017. The total contract price was for $26,900.

Defendant said that he was a licensed contractor.

Jelley wrote defendant a check for $3,000 as a deposit on January 21, 2017. On

February 14, 2017, Jelley wrote defendant another check for $3,000 for excavation of the

pool. Defendant excavated the pool but “not the shape that originally was designed and

submitted for the permit, and it was not deep enough in places and too deep in other

places; so it had to be corrected.” Defendant partially corrected it, but Walrath testified

“we ended up having to correct the rest of it ourselves.”

On February 28, 2017, at defendant’s request, Jelley wrote defendant a third check

for $3,000 for installation of the rebar. After defendant installed the rebar, he

“abandoned the project.”

Walrath testified numerous phone calls were made in an attempt to have defendant

return to the work; however, “he would never show back up.” Walrath…