Fernandez

Miguel Fernandez asks this court to reverse the judgment entered upon the trial court's order granting summary judgment for Truman W. Lawson Jr., Gaile F. Lawson and the Truman W. Lawson Jr. and Gaile F. Lawson Trust (collectively Lawson) on Fernandez's complaint alleging, breach of California Occupational Safety and Health Act (Lab.Code, § 6300 et seq.) (OSHA) regulations and American National Standards Institute (ANSI) safety standards relating to trimming of an approximately 50-foot tall palm tree at Lawson's private residence. The trial court concluded neither Fernandez nor his employer Anthony's Tree Service held the requisite state contractors' license to trim the palm tree and therefore as a matter of law, pursuant to Labor Code section [1] 2750.5, Fernandez would be considered Lawson's "employee" for the purposes of civil tort liability. Notwithstanding this conclusion, the court determined Lawson was entitled to summary judgment because OSHA regulations did not apply to homeowners who hire someone to trim a tree for their personal benefit at their private residence. We disagree with the lower court's conclusions. As set forth below, we find a triable question…