pablo vejar, jr., Plaintiff, v. cvs pharmacy, inc., et al., Defendants.

Case No.: 18STCV08399

Hearing Date: February 20, 2020

[TENTATIVE] order RE:

Defendant’s MOTION FOR SUMMARY judgment

Plaintiff Pablo Vejar, Jr. (“Plaintiff”) allegedly suffered injuries while working on a construction project to build a pharmacy for Defendant Garfield Beach CVS, LLC (“Defendant”). Defendant now moves for summary judgment on Plaintiff’s complaint, or, in the alternative, summary adjudication of issues.

Defendant contends it is not liable per Privette v. Superior Court (1993) 5 Cal.4th 689. In that case, the court noted, “At common law, a person who hired an independent contractor generally was not liable to third parties for injuries caused by the contractor’s negligence in performing the work.” (Privette v. Superior Court (1993) 5 Cal.4th 689, 693.) The court identified the peculiar risk doctrine as an exceptio........