Pena

INTRODUCTION

Plaintiff Hector Javier Pena was injured while working for Inter Stone Tools, Inc. (Inter Stone), a company that did not carry workers’ compensation insurance for its employees. Pena filed a civil lawsuit for negligence against Inter Stone and its alleged owners, Luigi and Marina Interlandi,1 but ultimately pursued the action solely against the Interlandis. During the litigation, Pena obtained a default judgment against the Interlandis after they failed to file a responsive pleading; however, the trial court later granted the Interlandis’ motion to set aside the default under Code of Civil Procedure section 473, subdivision (b). Following a bench trial on Pena’s negligence claim, the trial court found in favor of the Interlandis on the grounds that Pena failed to prove that either Luigi or Marina were liable for the negligence of Inter Stone under an alter ego or joint employer theory. On appeal, Pena argues that reversal is required because the trial court erred (1) in failing to find that the Interlandis were liable under Labor Code section 3700.5 for not carrying workers’ compensation insurance; (2) in finding that the Interlandis were not liable for negligence as…