Reeves v. Kaiser Found. Health Plan
Filed 5/2/07 Reeves v. Kaiser Found. Health Plan CA1/5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FIVE
DAVID REEVES,
Plaintiff and Appellant, A113455
v. (AlamedaCounty
Super. Ct. No. RG04136022)
KAISER FOUNDATION HEALTH
PLAN, INC.,
Defendant and Respondent.
______________________________________/
ORDER MODIFYING OPINION AND
DENYING REHEARING
It is ordered that the opinion filed on April 6, 2007, be modified as follows:
On pages 9 and 10, the first two paragraphs in section a. of part II(A)(2) beginning Appellant contends a triable issue is deleted and the following paragraph is inserted in its place:
Appellant contends a triable issue of fact exists over whether Aure sent a letter to Mufson on December 23, 2002, offering her a job with Kaiser. Pointing to various physical characteristics of the December 23, 2002 letter, such as its alignment on the paper, the relationship between the date and the footer, and its formatting, appellant contends the letter [m]ight be found to be a [c]omposite [f]orgery. Appellant has not presented any expert testimony to prove the letter is a forgery and to our untrained eye, nothing about it suggests that it is. To defeat a motion for summary judgment, a plaintiff must present evidence, not specualtion. (Morgan v. Regents of University of California, supra, 88 Cal.App.4that p. 69.) Appellant has failed to carry his burden.
There is no change in the judgment.
Appellants petition for rehearing is denied.
Date __________ _________________Jones, P.J.
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