California Court of Appeal

In an civil action brought by a worker against a homeowner, trial court's grant of summary judgment for defendant is affirmed where: 1) plaintiff's injury does not fall within the exclusive purview of the workers' compensation laws despite his employer's status as an unlicensed contractor as defendant had not worked 52 hours in the 90 days prior to the date of the injury specified in Labor Code sec. 3352(h); and 2) defendant was not negligent, as plaintiff's injury was entirely his own fault and there was no want of ordinary care taken by the plaintiff-homeowner.

Appellate Information

• Decided 06/08/2009
• Published 06/08/2009

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Motamedi Law Offices and Alex A. Motamedi for Plaintiff and Appellant.


• For Appellees:
  
• Gurvitz, Marlowe and Miller, Scott D. Miller, Ron G. Gurvitz and Julio C. Salazar, Encino, for Defendant and Respondent.