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4746 Even if an employee of an unlicensed contractor is deemed to be an employee of homeowners who hired the contractor, violation by the employee of Penal Code section 385, which makes it a misdemeanor for any one, personally or through an employee, to move a tool within six feet of a high voltage overhead line, is not negligence per se by the homeowners in an action against them for the employee's wrongful death resulting from his violation.CitationRAMIREZ v NELSON (Unlicensed Tree Trimmer) 44 C4 908 [See: LabC 2750.5; PenC 385; EvC 669; Ramirez v Nelson (RevGrtd) 138 CA4 890, T/AT 5/06; Kinsman v Unocal 37 C4 659, T/AT 1/06; Sears v Morrison 76 CA4 577, T/AT 1/00]
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