The Motion is DENIED. The Undisputed facts demonstrate that Dr. Hetsko was not an employee of DHC/ Dr. Dowairdari but was an independent contractor. Specifically, Defendant submits evidence to indicate: Dr. Hetsko worked for Dr. Dowairdari pursuant to an independent contractor agreement; Dr. Hetsko exercised full control over the relationship between himself and Plaintiff; Dr. Hetsko did not consult with Dr. Dowairdari with regard to Plaintiff’s treatment; and Dr. Hetsko maintained his own malpractice insurance. Separate Statement, ¶¶ 3, 9-11. The general rule is that the hirer of an independent contractor is not liable to third parties for the contractor’s negligence. Millsap v. Federal Express Corp. (1991) 227 Cal.App.3d 425, 430. Here, Dr. Dowairdari meets his initial burden to demonstrate that he did not owe a duty of care to Plaintiff, and the burden accordingly shifts to Plaintiff to demonstrate a triable issue of material fact. Plaintiff submits no evidence to refute the facts a
Hearing Date
October 21, 2016
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The Motion is DENIED. The Undisputed facts demonstrate that Dr. Hetsko was not an employee of DHC/ Dr. Dowairdari but was an independent contractor. Specifically, Defendant submits evidence to indicate: Dr. Hetsko worked for Dr. Dowairdari pursuant to an independent contractor agreement; Dr. Hetsko exercised full control over the relationship between himself and Plaintiff; Dr. Hetsko did not consult with Dr. Dowairdari with regard to Plaintiff’s treatment; and Dr. Hetsko maintained his own malpractice insurance. Separate Statement, ¶¶ 3, 9-11. The general rule is that the hirer of an independent contractor is not liable to third parties for the contractor’s negligence. Millsap v. Federal Express Corp. (1991) 227 Cal.App.3d 425, 430. Here, Dr. Dowairdari meets his initial burden to demonstrate that he did not owe a duty of care to Plaintiff, and the burden accordingly shifts to Plaintiff to demonstrate a triable issue of material fact. Plaintiff submits no evidence to refute the facts a