Cortez

[EDITORS' NOTE: TEXT NOT CERTIFIED FOR PUBLICATION APPEARS WITH GRAY BACKGROUND BELOW.] OPINION Appellant Octoviano Cortez appeals from the judgment entered in favor of respondents Lourdes and Omar Abich (collectively the Abiches) following the trial court's order granting their motion for summary judgment. We affirm. *Page 263 FACTUAL AND PROCEDURAL BACKGROUND In 2006, the Abiches embarked on a remodeling project of their home in Pasadena. They wanted to add a new roof, master bedroom, master bath, and a garage to their home, adding over 750 square feet. The Abiches hired Miguel Quezada Ortiz, among others, to perform the remodel. Although what Ortiz was hired to do is in dispute, appellant claims Ortiz was hired to demolish the roof. Ortiz did not have a contractor's license, which the Abiches concede was required. The Abiches did not ask Ortiz if he had a license and were unaware that he did not have one. Omar Abich obtained the necessary permits from the City of Pasadena, but did not supervise the work. The Abiches moved out of the house, and the project started in October or November 2006. Ortiz hired appellant. 1 On the first day of the job, believing he was supposed to help…

I concur in the opinion but write separately to express my misgivings about the conclusion that homeowners are exempt from OSHA (California Occupational Safety and Health Act of 1973; Lab. Code, § 6300 et seq.) regulations when remodeling their residence where their purpose is personal, "to enhance the owners' enjoyment of their residence." (Maj. opn., ante , at p. 269.) It is one thing to conclude that the "household domestic service" exception in OSHA (Lab. Code, § 6303 , subd. (b)) makes that statute inapplicable to tree trimming, as our Supreme Court held in Fernandez v. Lawson (2003) 31 Cal.4th 31 [ 1 Cal.Rptr.3d 422 , 71 P.3d 779 ], or even to the removal and replacement of a roof. It is another to say that the phrase is so broad as to encompass a home remodeling involving demolition of a roof, the addition of a new one, together with remodeling the master bedroom, bath and garage, adding over 750 square feet to the home. The exemption applies even to a project of such scale, we say, because the owners are having it done to "enhance [their] enjoyment of their residence" rather than for a commercial purpose. We decline to suggest that every project undertaken by a homeowner…

Appellant Octoviano Cortez appeals from the judgment entered in favor of respondents Lourdes and Omar Abich (collectively the Abiches) following the trial court's order granting their motion for summary judgment. We affirm.

In 2006, the Abiches embarked on a remodeling project of their home in Pasadena. They wanted to add a new roof, master bedroom, master bath, and a garage to their home, adding over 750 square feet. The Abiches hired Miguel Quezada Ortiz, among others, to perform the remodel. Although what Ortiz was hired to do is in dispute, appellant claims Ortiz was hired to demolish the roof. Ortiz did not have a contractor's license, which the Abiches concede was required. The Abiches did not ask Ortiz if he had a license and were unaware that he did not have one. Omar Abich obtained the necessary permits from the City of Pasadena, but did not supervise the work. The Abiches moved out of the house, and the project started in October or November 2006.

Ortiz hired appellant. [1] On the first day of the job, believing he was supposed to help Ortiz demolish the roof, appellant went up on the roof without being given any specific instructions to do so. Appellant…