Moran v. Murtaugh, Miller 3/2/05 CA4/3

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: G033102M

Case Date: 05/18/2005

Preview:Filed 3/2/05

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE GENE MORAN, Plaintiff and Appellant, v. MURTAUGH, MILLER, MEYER & NELSON, LLP, et al., Defendants and Respondents. G033102 (Super. Ct. No. 03CC07389) ORDER MODIFYING OPINION AND DENYING REHEARING; NO CHANGE IN JUDGMENT

Appellant's petition for rehearing is DENIED. The opinion filed January 31, 2005, is ordered MODIFIED as follows: On page 15, at the end of the first new paragraph, following the sentence ending "and hence require him to post security," insert a new and final footnote (labeled in sequence as footnote number "9"), as follows: In a petition for rehearing, Moran argues the $10,000 penalty must be imposed because Murtaugh failed to comply with Civil Code section 1786.53, subdivision (b)(2), which states: "Any person shall provide on any job application form, or any other written form, a box that, if checked by the consumer, permits the consumer to waive his or her right to receive a copy of any public record obtained pursuant to this section." (Italics added.) But the trial court could conclude there was no reasonable probability Moran would prevail on this claim, even assuming Murtaugh failed to provide a waiver form. Simply put, Moran's suit alleging a failure to disclose public records uncovered by a background check amply demonstrated he was not interested in gaining an opportunity to waive
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receipt of a copy of any such public records -- hence, the subdivision does not apply to him.

The foregoing modification effects no change in the judgment.

ARONSON, J. WE CONCUR:

SILLS, P. J.

IKOLA, J.

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