Fagerstedt

Plaintiffs appeal from the judgment of dismissal entered following the sustaining of defendants’ demurrers to their first amended complaint for declaratory relief without leave to amend.

In substance, appellants’ complaint alleges that appellant Eagerstedt is a licensed contractor and that appellant Keeler is his employee. On or about August 15, 1966, respondent Elliott entered into an oral agreement with Eagerstedt whereby the latter was to provide men and equipment to Elliott and to conduct certain grading operations upon land located in Santa Barbara County that was being developed by Elliott. At Elliott’s request respondents L. D. Van Over Construction, Inc. and L. D. Van Over (hereinafter referred to collectively as Van Over) provided Eagerstedt with a water truck and driver, Antonio Villa, who was to be Eagerstedt’s special employee. Villa, however, remained in the general employ of Van Over and was carried on its payroll.

It is further alleged that Villa met his death as the result of an industrial accident that occurred during the course and scope of both his general and special employment. Also named as defendants in appellants’ complaint are the heirs-at-law of Villa…