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Case Name | Tilley v. CZ Master Ass'n | |
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Date | 07/26/2005 | |
Note | Party not liable for injuries of independent contractor if its authority does not affirmatively contribute to the injuries. | |
Citation | 131 Cal.App.4th 464 | |
WCC Citation | WCC 31102005 CA |
Tilley obtained worker's compensation benefits from BonaFide on account of his injuries, and sued CZ, along with several other individuals and entities he alleged were responsible for the incident. 4 He resolved his claims against all named defendants other than CZ. In a word, CZ Master Association originally retained BonaFide to man the gates and provide courtesy patrols, not perform law enforcement functions. "IV In addition to determining CZ had no liability to Tilley under the peculiar risk doctrine, we also conclude CZ owed Tilley no independent duty to restrict the parties thrown by its homeowners, or to control the number of non-residents allowed to attend those parties. While Tilley argues that CZ could have regulated parties through use of the CC&R provision prohibiting nuisance, that would not have been effective. Rather than disputing the evidence, Tilley incorrectly asserts the evidence "pre-date[s] the 1997 and 1998 assaults on Mr. Tilley at the [S. ] residence. "
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