MARITZA LUCERO ERNST VS EFRAIN DEL REAL

Case No.: 20LBCP00110    

Background Facts

This action was commenced by way of a Notice of Appeal filed in connection with Maritza Lucero Ernst’s labor commission proceedings. Ernst filed her Notice of Appeal on 5/06/20.

In the underlying proceedings, Efrain Del Real, who paints houses, charged Ernst with failing to pay him, as a hired employee, in connection with his services. Ernst took the position that Del Real was an independent contractor and not an employee, but the labor commission found in Del Real’s favor.

Application for Waiver of Requirement to Post Undertaking

On 5/07/20, Ernst filed an application for waiver of the requirement that she post an undertaking. The application was made pursuant to Labor Code §98.2(b), which requires the appellant employer to post bond unless the appellant employer shows that she is indigent.

The Court, without a hearing, ruled on the application on 5/13/20. The Court’s order indicates that the ........