Valenzuela v. City of San Diego
Plaintiff Victor Valenzuela was a pipefitter employed by the general contractor for a project owned by defendant The City of San Diego (City). He was injured while working on the project and filed suit against City, alleging a claim for premises liability. City moved for summary judgment on Valenzuela's complaint, arguing Privette v. Superior Court (1993) 5 Cal.4th 689 (Privette) and its progeny impose a general bar against personal injury actions by an independent contractor's employee against the property owner who hired the contractor to perform work on its property, and none of the exceptions to the Privette bar were applicable. Valenzuela opposed the motion, arguing there were triable issues of fact whether exceptions to the Privette bar were present, and therefore summary judgment was inappropriate. The trial court found the undisputed facts established there were no exceptions to the Privette bar, granted City's motion and entered judgment for City. Valenzuela timely appealed. The judgment is affirmed.
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