Gonzalez v. Mathis

228 Cal. Rptr. 3d 832, 20 Cal. App. 5th 257
CourtCalifornia Court of Appeal, 5th District
DecidedFebruary 6, 2018
DocketB272344
StatusPublished
Cited by6 cases

This text of 228 Cal. Rptr. 3d 832 (Gonzalez v. Mathis) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gonzalez v. Mathis, 228 Cal. Rptr. 3d 832, 20 Cal. App. 5th 257 (Cal. Ct. App. 2018).

Opinion

ZELON, Acting P.J.

*262Luis Gonzalez, a professional window washer, filed a premises liability action against John Mathis. Mathis moved for *834summary judgment, arguing that Gonzalez's status as an independent contractor precluded his claims. The trial court granted the motion. We reverse, concluding there are triable issues of fact whether Mathis can be held liable for Gonzalez's injuries.

FACTUAL BACKGROUND

A. Summary of Mathis's Property

Defendant John Mathis owned a residence that contained an indoor pool. The pool was located in the northwest corner of the home, and covered by a large, rounded skylight that protruded through the flat roof. The section of roof located to the west of the skylight was divided by a three-foot-high parapet wall that ran parallel to the skylight. The area of roof between the skylight and the east side of the parapet wall was partially obstructed by a series of ventilation pipes and mechanical equipment. The area of roof on the west side of the parapet wall consisted of an exposed ledge, approximately two feet in width. Mathis had constructed the parapet wall to screen from view the piping and mechanical equipment positioned next to the skylight.

A ladder affixed to the west side of the house provided access to the roof. The top of the ladder was located near the beginning of the parapet wall.

B. Gonzalez's Accident

Plaintiff Luis Gonzalez owned and operated Hollywood Hills Window Cleaning Company, which advertised itself as a specialist in "hard to reach windows and skylights." Beginning in 2007, Mathis's housekeeper, Marcia Carrasco, regularly hired Gonzalez's company to wash the skylight and perform other services on the property.

On August 1, 2012, two of Gonzalez's employees were on the roof cleaning the skylight when Carrasco informed him water was leaking into the house. Carrasco instructed Gonzalez to go on the roof, and tell his employees they should use less water. Gonzalez climbed onto the roof using the affixed ladder. He then walked along the ledge on the west side of the parapet wall, and spoke with his employees. While walking back toward the ladder along the ledge, Gonzalez lost his footing, and fell off the roof.

*263C. Trial Court Proceedings

1. Summary of complaint and Gonzalez's deposition

In April of 2014, Gonzalez filed a negligence action against Mathis asserting that "loose rocks, pebbles and sand on the roof of the property" constituted a "dangerous condition" that had caused Gonzalez to fall. In a subsequent interrogatory response, Gonzalez clarified he was seeking damages for three dangerous conditions on the roof. First, he alleged that the construction of the parapet wall forced persons who needed to access the skylight and other parts of the roof to walk along the exposed two-foot ledge, which had no safety railing. Second, he contended the roofing shingles were dilapidated, resulting in slippery and loose conditions. Third, he asserted the roof lacked "tie-off" points that would enable maintenance workers to secure themselves with ropes or harnesses.

At his deposition, Gonzalez testified that he had been on Mathis's roof many times, and had always used the ledge along the west side of the parapet wall to access the skylight. Gonzalez further testified that he knew the roof shingles were dilapidated and slippery, and had told Carrasco the shingles should be replaced. Gonzalez also admitted he knew the ledge lacked any protective features, and that the roof had no tie-off points.

When asked why he had chosen to walk along the ledge outside the parapet wall, *835rather than in the area inside the wall, Gonzalez explained that the ledge was "the only way to get through because you have the AC equipment [on the other side]." Gonzalez later clarified that he was unable to walk in the area of roof inside the parapet wall because "there was a lot of equipment," and he "couldn't fit in there." Gonzalez also testified that he and his employees had always walked along the ledge, rather than inside the parapet wall, and that he had never seen anyone walk inside the wall.

2. Mathis's motion for summary judgment

Mathis filed a motion for summary judgment arguing that Gonzalez's claims were precluded under the rule set forth in Privette v. Superior Court (1993) 5 Cal.4th 689, 21 Cal.Rptr.2d 72, 854 P.2d 721 ( Privette ) and its progeny, which generally prohibits an independent contractor or his employees from suing the hirer of the contractor for workplace injuries. (See SeaBright Ins. Co. v. US Airways, Inc. (2011) 52 Cal.4th 590, 594, 129 Cal.Rptr.3d 601, 258 P.3d 737 ["Generally, when employees of independent contractors are injured in the workplace, they cannot sue the party that hired the contractor to do the work"]; Tverberg v. Fillner Const., Inc. (2010) 49 Cal.4th 518, 521, 110 Cal.Rptr.3d 665, 232 P.3d 656 ( Tverberg ) [the *264hiring party is generally not liable for workplace injuries suffered by an independent contractor or the contractor's employees].)

Mathis argued there were only two exceptions to the Privette rule: when the hirer exercised control over the contractor's work in a manner that had contributed to the injury (see Hooker v. Department of Transportation (2002) 27 Cal.4th 198, 115 Cal.Rptr.2d 853,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Johnson CA3
California Court of Appeal, 2021
Gonzalez v. Mathis
493 P.3d 212 (California Supreme Court, 2021)
Lopez v. Ledesma
California Court of Appeal, 2020
Johnson v. Raytheon Co.
California Court of Appeal, 2019
Johnson v. Raytheon Co.
245 Cal. Rptr. 3d 282 (California Court of Appeals, 5th District, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
228 Cal. Rptr. 3d 832, 20 Cal. App. 5th 257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gonzalez-v-mathis-calctapp5d-2018.