Is there any case law where a homeowner who hires an unlicensed employee as an employee under section 2750.5 of the California Code of Civil Procedure (i.e. workers' compensation and general liability) is liable to the homeowner?

Moreover, finding Rosas to be an employee under section 2750.5 furthers the policies identified in Foss v. Anthony Industries, supra, 139 Cal.App.3d 794, 189 Cal.Rptr. 31, i.e., 1) imposing liability on the one benefited by the labor and capable of spreading the risk through insurance; and 2) encouraging the hiring of workers with the competence and financial responsibility necessary to obtain a license. It is evident that potential tort liability for hiring an unlicensed worker to do a job requiring a license encourages a homeowner to hire a licensed worker. As to spreading the risk through insurance, all California comprehensive personal liability insurance policies must provide coverage for workers' compensation claims as well as general liability insurance. (Ins.Code, 11590.) Whether an injured worker recovers through workers' compensation coverage or through general liability coverage, liability is still imposed on the homeowner benefiting from the work and able to spread the risk through the purchase of a comprehensive homeowners' liability policy.

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