Rosas v. Dishong

In Rosas v. Dishong (1998) 67 Cal. App. 4th 815, the homeowners asked their landscape gardener, Rosas, to trim a tree branch overhanging the roof of their house. The homeowners agreed to pay Rosas a fee for the tree trimming in addition to the fee they paid him for the regular maintenance of their yard. The tree Rosas agreed to trim was in excess of 15 feet tall 4 and thus Rosas was required, but did not possess, a license for the work. Rosas fell and was injured while attempting to trim the tree. ( Rosas v. Dishong, supra, 67 Cal. App. 4th at pp. 817-818.) The homeowners' insurer declined Rosas workers' compensation claim because he had not met the minimum hours required by section 3352, subdivision (h). Rosas then sued the homeowners alleging causes of action for general negligence and premises liability. ( Id. at p. 818.)