Legal Opinion

Rosas v. Dishong

California Court of Appeal

Decided November 4, 1998No. D025958PublishedCited by 13 opinions

1Opinion of the Court

Opinion

WORK, J.

Homeowners Von Lee G. and Janet M. Dishong (the Dishongs) appeal a judgment in favor of Leopoldo Rosas for injuries sustained while attempting to trim a tree at the Dishongs’ residence. They contend the court erred in concluding Rosas was acting as their employee rather than as an independent contractor, when engaged in a task for which California requires a contractor’s license. On the facts presented, we conclude the trial court correctly ruled that the unlicensed Rosas is deemed an employee pursuant to Labor Code 1 section 2750.5.

However, we conclude the trial court erred in…

2Cases cited12 opinions

  1. DuBois v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 1993
  2. Neighbours v. Buzz Oates EnterprisesCalifornia Court of Appeal · 1990
  3. State Compensation Insurance Fund v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 1985
  4. Smith v. ACandS, Inc.California Court of Appeal · 1994
  5. Foss v. Anthony IndustriesCalifornia Court of Appeal · 1983

7 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Cedillo v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2003
  2. Fernandez v. LawsonCalifornia Supreme Court · 2003
  3. Mendoza v. BrodeurCalifornia Court of Appeal · 2006
  4. Zaragoza v. IbarraCalifornia Court of Appeal · 2009
  5. Chin v. NamvarCalifornia Court of Appeal · 2008

8 more not listed; retrieve them via the Exa API.

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