California Court of Appeals, Second District, Sixth Division
County Superior Court No. 56-2014-00447304-CU-PO-VTA--Hon.
Vincent J. O'Neill, Jr., Judge
from a judgment of the Superior Court of Ventura County.
Judgment affirmed and respondent to recover
its costs on appeal.
[Copyrighted Material Omitted]
Law and Steven V. Angarella for Plaintiff and Appellant.
| Cavanaugh, James J. Yukevich, Cristina M. Ciminelli and
Patrick J. Cimmarusti for Defendant and Respondent.
P. J., and Yegan, J., concurring.
Cal.Rptr.3d 701] TANGEMAN, J.
employee of an independent contractor generally may not
recover tort damages for work-related injuries from the
contractor's hirer. ( Privette v. Superior Court
(1993) 5 Cal.4th 689, 702 [21 Cal.Rptr.2d 72');">21 Cal.Rptr.2d 72, 854 P.2d 721] (
Privette ).) There are exceptions to this rule but
they do not
apply here. We decide that the trial court correctly granted
a motion for summary judgment against the injured employee
when he failed to present evidence that respondent
affirmatively contributed to his injuries. As a result, there
were no triable issues of material fact on his theory that
either the retained control exception or the nondelegable
duty exception applied.
Khosh was injured while performing electrical work at
California State University Channel Islands (the University).
He was employed by Myers Power Products, Inc. (Myers), a
subcontractor on the project. Khosh sued the general
contractor, Staples Construction Company, Inc. (Staples), for
trial court granted Staples's motion for summary judgment
because Khosh failed to establish that Staples retained
control over his work and affirmatively contributed to his
injury. (Code Civ. Proc., § 437c; Hooker v.
Department of Transportation (2002) 27 Cal.4th 198, 202
[115 Cal.Rptr.2d 853');">115 Cal.Rptr.2d 853, 38 P.3d 1081] ( Hooker ).)
Khosh contends that a reasonable jury could find Staples (1)
retained control over the work and affirmatively contributed
to Khosh's injury, and (2) breached a nondelegable duty
to Khosh which caused his injury. He also contends the court
erred in sustaining Staples's evidentiary objections. We
AND PROCEDURAL HISTORY
University hired Staples to install a backup electrical
system at the University. Staples hired DK Electrical
Systems, Inc. [208 Cal.Rptr.3d 702] (DK), as the high-voltage
subcontractor for the project. DK hired Myers to construct
and install electrical switchgear for the system.
contract between Staples and the University required Staples
to " exercise precaution at all times for the protection
of persons and their property," and to " retain a
competent, full-time, on-site superintendant to ... direct
the project at all times," among other things. It made
Staples " exclusively responsible" for the health
and safety of its subcontractors, and required Staples to
submit " comprehensive written work plans for all
activities affecting University operations," including
informed Staples it needed three days to accomplish its last
task on the project, including a shutdown of the electrical
system. The University scheduled a campus-wide electrical
shutdown. The shutdown was ...