IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE June 8, 2009 ELIAZAR ZARAGOZA, PLAINTIFF AND APPELLANT, v. MARIA IBARRA, DEFENDANT AND RESPONDENT. Zaragoza and Canongo soon found themselves stationed on top of two separate ladders, their backs to one another. The trial court granted Ibarras summary judgment motion on the ground Zaragoza had assumed the risk of injury under the undisputed facts. *fn9 ) Short of ordering Zaragoza not to get nine feet up on a ladder and try to pull a nail out of some drywall, there was nothing Ibarra could have done to prevent the accident. That is (and without knowing the terms of her homeowners policy), unless Zaragoza comes within section 3351, subdivision (d), Ibarra may not have insurance for any workers compensation liability owed by Ibarra to Zaragoza, and certainly not by virtue of the terms of Insurance Code section 11590.

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