Del Real v. Ernst CA2/3

I. Background2

Maritza Lucero Ernst is a homeowner in Los Angeles County. Ernst hired Efrain Del Real in November 2017 to paint her house. Del Real did not have a contractor’s license. Ernst knew this, but hired Del Real anyway in order to save money. According to Del Real, Ernst first hired him to paint the outside of her house for $2,600. Ernst then hired Del Real to paint the interior of her house. Ernst wanted the interior painting completed in six days and agreed to pay Del Real $4,300 for painting and $700 for replacing light fixtures. Del Real worked twelve hours a day for six days to complete the job. Although Ernst provided Del Real a check for $1,000, Ernst later stopped payment on the check. Ernst did not pay Del Real what she owed him for the interior work because she was dissatisfied with his performance. According to Ernst and her husband, Ernst hired Del Real to perform painting work on her house as an independent contractor and agreed to pay him by the job instead of by the hour. Her agreement with Del Real was not in writing. Del Real brought others with him to perform the work and supplied the necessary paint and materials. Ernst and her husband did not…