holding property owner that "retained control over safety conditions 24 at the worksite," and knowingly "permitted" unsafe practice to continue at worksite, not 25 liable for death of independent contractor's employee, where owner "did not direct" 26 employee to engage in unsafe practice
How later courts described this case
- holding property owner that "retained control over safety conditions 24 at the worksite," and knowingly "permitted" unsafe practice to continue at worksite, not 25 liable for death of independent contractor's employee, where owner "did not direct" 26 employee to engage in unsafe practice
- doctrine of separation of powers “seeks to avoid ... the ’concentration of power in a single branch of government’” (quoting Kasler v. Lockyer, 23 Cal.4th 472, 97 Cal.Rptr.2d 334, 2 P.3d 581, 595 (2000))
- a trial court may 3 appropriately take into account its own observations in determining whether the defendant's 4 mental state has significantly changed during the course of trial
- “The [California] Constitution thereby seeks to avoid . . . the overreaching by one branch against others.” (internal quotations and citations omitted)
Written by the judges who cited it.
The opinion
BROWN, J.
I concur in the judgment under compulsion of People v. Frazer (1999) 21 Cal.4th 737 [ 88 Cal.Rptr.2d 312 , 982 P.2d 180 ] (see id. at pp. 782-784 (dis. opn. of Brown, J.)) and Plaut v. Spendthrift Farms, Inc. (1995) 514 U.S. 211 [ 115 S.Ct. 1447 , 131 L.Ed.2d 328 ].