California Court of Appeal

In a personal injury claim for an injury sustained while performing painting services at shopping center owned by defendants, grant of summary judgment in favor of defendants is affirmed over claims that the court erred by: 1) ignoring Labor Code section 2750.5 (section 2750.5) which creates a rebuttable presumption that an unlicensed person who performs work requiring a license is an employee, not an independent contractor; 2) imposing on plaintiff the burden of proving that he was an employee; and 3) concluding that plaintiff was estopped to assert he was an employee.

Appellate Information

• Decided 09/11/2008
• Published 09/11/2008

Judges

• RUBIN, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Henry M. Lee, Los Angeles, for Plaintiffs and Appellants.


• For Appellees:
  
• Law Offices of Thomas H. Mabie and Thomas H. Mabie;  Robert B. Mobasseri, Los Angeles, for Defendants and Respondents.