Carraman

INTRODUCTION

Plaintiff was injured by a falling branch while trimming trees on defendant’s property. Plaintiff filed suit against defendant, alleging a single cause of action for negligence. The trial court granted defendant’s motion for summary judgment, concluding that plaintiff was acting as an independent contractor and that under the doctrine established in Privette v. Superior Court (1993) 5 Cal.4th 689 (Privette), defendant could not be held liable for his injuries. Plaintiff appeals, arguing that under Labor Code section 2750.5, he was entitled to a statutory presumption that he was acting as defendant’s employee because he did not have the license required to trim defendant’s trees. As the trial court correctly determined that Business and Professions Code section 70481 exempted plaintiff from the licensure requirement, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The facts of this case are largely undisputed. Defendant and respondent Linda Pyburn (Pyburn) owned real property located in Castaic, California. Beginning in 2012 or 2013, Pyburn would regularly hire plaintiff and appellant Felipe Ricky Carraman (Carraman) to perform work at the Castaic property, including…