Iversen v. CA Village Homeowners Assn. 4/5/11 CA2/5

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B220863M

Case Date: 07/13/2011

Preview:Filed 4/5/11

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE

KURT IVERSEN, Plaintiff and Appellant, v. CALIFORNIA VILLAGE HOMEOWNERS ASSOCIATION, Defendant and Respondent.

B220863 (Los Angeles County Super. Ct. No. LC080387) ORDER MODIFYING DISSENTING OPINION NO CHANGE IN JUDGMENT

The dissenting opinion filed March 23, 2001 is modified as follows: 1. On page 5 of the dissenting opinion, at the end of the second paragraph and as part of that paragraph, add the following language: And in Tverberg v. Fillner Construction, Inc. (Feb. 24, 2011, A120050) __ Cal.App.4th __, __, the Court of Appeal applied a similar analysis to an independent contractor himself who was injured due to the negligence of a general contractor. In Tverberg, the Court of Appeal explained that the independent contractor who personally sustained injuries, hired by a subcontractor, could sue the general contractor who affirmatively contributed to the dangerous condition on the jobsite and rely on a violation of California Occupational Safety and Health regulations to establish a breach of a duty of care. Defendant's analysis cannot be squared with Tverberg, a case involving a direct claim by

an independent contractor premised on a breach of a California Occupational Safety and Health regulation. 2. On page 7, line 7 of the dissenting opinion, insert after 928 and before the period of the parenthetical citation: ; see Cortez v. Abich (2011) 51 Cal.4th 285, 292

TURNER, P. J.

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