California Court of Appeal

Summary judgment for defendant, on ground that plaintiff was not an employee under workers' compensation law and had not come forward with evidence supporting a triable issue of fact for tort liability, is reversed as plaintiff is defendant's employee for purposes of tort liability under Labor Code section 2750.5 and applicable case law.

Appellate Information

• Decided 08/18/2006
• Published 08/18/2006

Judges

• MARCHIANO, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Brian E. Kerss, Weltin Law Office, Oakland, Attorney for Plaintiff/Appellant-Ernesto Mendoza.


• For Appellees:
  
• Robert S. Aaron, Timothy C. Wilson, Aaron & Wilson, San Francisco, Attorneys for Defendant/Respondent-Glenn Brodeur.