Lopez

Plaintiff Fernando Lopez appeals a summary judgment in favor of defendants University Partners (University) and JWP Mechanical Services (JWP). Lopez sued University and JWP for personal injuries he sustained as a result of the collapse of a trench in which he was working for his employer, Ace Excavating Company (Ace). JWP hired Ace to do excavation work on the subject property, which was owned by University and leased by JWP. The court concluded University and JWP were not liable to Lopez because under Privette v. Superior Court (1993) 5 Cal.4th 689 [ 21 Cal.Rptr.2d 72 , 854 P.2d 721 ], an owner who hires an independent contractor cannot be held vicariously liable under the peculiar risk doctrine for injuries suffered on the job by the contractor’s employees. The court further found Lopez failed to present evidence raising a material issue of fact as to whether University and JWP breached a duty owed to Lopez.

Although Lopez’s issues on appeal are not clearly delineated, he essentially contends: (1) Privette does not bar his action against JWP because JWP was a lessee rather than owner of the subject construction site and was acting as a general contractor at the site;…