Plaintiff’s motion for order permitting entry onto premises for inspecting, measuring, and photographing pursuant to Code of Civil Procedure section 2031.010(d) is GRANTED.
Plaintiff fell from a ladder and suffered injuries while painting fascia board on a residence at the request of his brother, Defendant Jesse Hole. Defendant Hole, who is not a licensed general contractor, was in the process of remodeling and re-roofing the home. The home is owned by Hole’s girlfriend (now wife), Defendant Lisa Hu.
Plaintiff alleges, among other things, negligence against both Hole and Hu based on violation of safety rules. Plaintiff contends the work he did for Defendant Hole qualified as “employment” under Labor Code section 6303(b) and therefore Hole was required to follow Cal OSHA safety rules. (Cortez v. Abich (2011) 51 Cal.4th 285, 288-289.) Per the Cortez court: “The narrow question before us is this: Does work rendered on a residential remodeling project in which significant portions of a hou