Campos Food Fair v. Superior Court

Petitioner Campos Food Fair has filed a timely challenge to an order denying its motion for summary judgment. (Code Civ. Proc., § 437c, subd. (b).) We agree that the motion should be granted.

Jerome Rapoza and Jennifer Rapoza, real parties in interest herein, filed an action against petitioner arising out of an injury to Mr. Rapoza which occurred when he was servicing refrigeration equipment on the roof of petitioner’s premises. Real parties allege that petitioner maintained unsafe premises and petitioner takes the position that Mr. Rapoza’s negligence was the sole cause of his injury.

Petitioner noticed a motion for summary judgment on the ground that real parties’ exclusive remedy is under workers’ compensation. In support of the motion, petitioner offered evidence that at the time of the injury Mr. Rapoza was employed by Jerry’s Refrigeration and that neither Mr. Rapoza nor Jerry’s Refrigeration had a contractor’s license. Petitioner cited Blew v. Horner (1986) 187 Cal.App.3d 1380 [ 232 Cal.Rptr. 660 ] in which the court held that an unlicensed contractor cannot be an independent contractor for purposes of workers’ compensation but he and his employees are employees…