Case Number: SC120362??? Hearing Date: May 05, 2016??? Dept: 92
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT
ROBERTO MENCHACA,
Plaintiff(s),
vs.
ROGER H. PROULX & CO., et al.,
Defendant(s).
Case No.: SC120362
[TENTATIVE] ORDER GRANTING MOTION FOR SUMMARY JUDGMENTDept. 92
1:30 p.m. — #26
May 5, 2016
Plaintiff, Roberto Menchaca filed this action against Defendants, Roger H. Proulx & Co., Morley Builders, Inc., Benchmark Contractors, Inc., and Hotel Bel-Air for damages arising out of a construction-related accident. At this time, Morley Builders, Inc., Benchmark Contractors, Inc., and Kava Holdings, Inc. dba Hotel Bel-Air move for summary judgment, contending this action is barred by the doctrine set forth in Privette v. Superior Court (1993) 5 Cal.4th 689 and its progeny.
Defendants provide evidence that they hired an independent contractor to complete the subject construction work, and that Plaintiff was an employee of the contractor. See Undisputed Facts 13-18. Defendants also provide evidence that they neither retained control of the project nor affirmatively contributed to Plaintiff?s injuries. Facts 20-38.
Pursuant to Privette and its progeny, the hirer of an independent contractor is not liable for injuries to the contractor?s employee unless the hirer retained control of the project or affirmatively contributed to the injuries. Defendants met their moving burden to show neither is true. Any opposition to the motion was due on or before 4/21/16. As of 5/02/16, the Court has not received any opposition to the motion. Plaintiff therefore necessarily failed to meet his burden to raise a triable issue of material fact, and the motion is granted.
Dated this 5th day of May, 2016
Hon. Michelle Williams Court
Judge of the Superior Court