Cerda

1. Introduction

After certification by the appellate division of the superior court, this court ordered the present appeal, six individual cases, which have been consolidated, transferred to it. (Cal. Rules of Court, rules 8.1002, 8.1005.) The respondents are six laborers who worked for an unlicensed drywall subcontractor, Humberto Figueroa Drywall Company (Humberto). Donald Sanders, doing business as Sanders Construction Company, Inc. (Sanders), was the general contractor. The issue is whether the employee of an unlicensed subcontractor may assert a wage claim against the general contactor.

2. Background

a. Facts

The essential facts in this case are not disputed. Sanders was the general contractor on the construction of an Hesperia hotel. In June 2006, Sanders hired Humberto to install drywall for a contract price which included labor and materials. Between June and September, Sanders paid Humberto, who in turn was supposed to pay the workers.

Beginning in September 2006, the parties disagreed about the quality of the work and the payments made from Sanders to Humberto. After Sanders discovered that Humberto’s license had expired before June 2006, Sanders continued…