Tentative ruling issued by Judge Glen Reiser on Jul. 21, 2010 in Ventura County, CA - Case no: xxxxxVTA

According to P's complaint, Ds homeowners Clark allegedly hired P's employer, an unlicensed contractor, TC Construction, to do a residential remodel. P, one of the contractor's workers, was seriously injured when he fell through the floor sheeting on the construction job. P's complaint alleges that they can pursue the action because "P's employer", TC Construction, did not maintain workers compensation coverage.
D homeowners Clark move for SJ. In support of their motion, Ds fail to honor CRC 3.1116(c) by attaching various depositions transcripts without highlighting the critical testimony. Ds contend that they did not retain control over the job site or affirmatively contribute to P's injuries (see Amy Clark decl., ¶¶ 4-8; Donald Clark decl., ¶¶ 4-8). According to Ds, under Privette v. Superior Court (1993) 5 Cal 4th 689 and Hooker v. Dept. of Transportation (2002) 27 Cal.4th 198, P is limited to his claim in workers' compensation against the employer/ contractor TC Constructi….....