Iversen v. Cal. Village Homeowners etc.

Annotate this Case

Download PDF

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, B220863 (Los Angeles County Super. Ct. No. LC080387) v. CALIFORNIA VILLAGE HOMEOWNERS ASSOCIATION, ORDER MODIFYING DISSENTING OPINION NO CHANGE IN JUDGMENT Defendant and Respondent. 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. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.