Defendant Wermers Multi-Family Corp. brings this demurrer to Plaintiff Russell Caudillo's Complaint. Defendant contend that the worker's compensation exclusivity rule bars plaintiff's claim, citing Privette v. Superior Court (1993) 5 Cal.4th 689, Hooker v. Dept. of Trans. (2002) 27 Cal.4th 198, and SeaBright Ins. Co. v. US Airways, Inc. (2011) 52 Cal.4th 590.

In Privette, the Supreme Court held "that under the peculiar risk doctrine the hiring person's liability does not extend to the hired contractor's employees. Because the Workers' Compensation Act (Lab. Code, § 3200 et seq.) shields an independent contractor from tort liability to its employees, applying the peculiar risk doctrine to the independent contractor's employees would illogically and unfairly subject the hiring person, who did nothing to create the risk that caused the injury, to greater liability than that faced by the independent contractor whose negligence caused the employee's injury. (5 Cal.4th at pp. 698-700.)." Ho