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RAMIREZ v. NELSON

No. B179275.

42 Cal.Rptr.3d 86 (2006)

Maria Dolores RAMIREZ et al., Plaintiffs and Appellants, v. Thomas NELSON et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Six.

April 18, 2006.

Attorney(s) appearing for the Case

William L. Veen, Kevin Lancaster and Mary Anne Bendotoff, San Francisco, for Plaintiffs and Appellants.

Henderson & Borgeson, Daniel E. Henderson, III, and Jill L. Friedman, Santa Barbara, for Defendants and Respondents.

GILBERT, P.J.

In this wrongful death case, a worker trimming trees was electrocuted. His parents sued the homeowners in whose trees their son was working. The jury found the homeowners were negligent, but that their negligence was not a substantial factor in the worker's death. We conclude the trial court erred in refusing a jury instruction based on Penal Code section 385.1 Section 385 makes it a misdemeanor for any person, either personally...

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