Michaelis

James I. and Linda Michaelis appeal the trial court’s judgment following its granting of respondent Anthony Benavides’s motion for nonsuit. Appellants contend that respondent, president and a majority owner of A & J Stamped Concrete, Inc. (A & J), is personally liable for the property damage they sustained as the result of his negligence in constructing a patio and driveway at their home. Respondent argues that California law does not permit a corporate officer to be personally liable for corporate decisions which result in property damage to third parties.

We determine that appellants have alleged a cause of action for negligence against respondent for personal liability. We reverse the judgment.

Facts

Appellants hired a general contractor to construct their residence. The general contractor subcontracted the cement work on the home’s patio and driveway to A & J. Respondent was the president, director and 50 percent stockholder of A & J. He was the only person at A & J who held a state contractor’s cement license. Respondent personally bid for appellants’ cement job. He personally made the construction decisions for the patio and driveway. His brother Juan Benavides…