CALIFORNIA SUPREME COURT TO DETERMINE WHETHER HOMEOWNERS ARE EMPLOYERS OF UNLICENSED INDEPENDENT CONTRACTORS

On July 19, the Supreme Court granted review in Ramirez v. Nelson, Case No. S143819, a case concerning the rule that homeowners are deemed employers of unlicensed independent contractors for purposes of tort liability.

In Ramirez, the plaintiffs' decedent was electrocuted by a high-voltage power line when trimming a tree on defendant homeowners' property. The decedent was the employee of an unlicensed tree trimming contractor. The Court of Appeal held that, under existing Supreme Court precedent, the decedent was the defendants' employee and could therefore be held liable under a negligence per se theory. The Supreme Court's grant of review suggests the Court may revisit its holding in State Compensation Insurance Fund v. Workers' Comp. Appeals Bd. (1985) 40 Cal.3d 5 that homeowners are deemed employers of unlicensed independent contractors for purposes of tort liability.

Horvitz & Levy LLP has received a request for amicus curiae briefing from counsel for the defendants. If you are interested in submitting an amicus curiae brief, or if you have any questions about this matter, please call David Axelrad or Brad Pauley at (818) 995-0800, or contact them by email at daxelrad@horvitzlevy.com or bpauley@horvitzlevy.com.

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