Fillmore v. Irvine

Opinion

SIMS, J.

Defendants Fleet Irvine, Douglas Tanner, Thomas Tarman and Gene McFarren appeal from a judgment entered May 5, 1982, after court trial in favor of plaintiff Terrence L. Fillmore. Plaintiff sued defendants to foreclose a mechanic’s lien and for breach of oral contract arising from his failure to be paid for services as a drywall finisher. Defendants contend that: (1) the trial court erroneously applied Labor Code section 2750.5’s rebuttable presumption that plaintiff was an employee rather than an unlicensed independent contractor barred by statute from recovery; (2) absent the…