Opinion
A113455
5-2-2007
DAVID REEVES, Plaintiff and Appellant, v. KAISER FOUNDATION HEALTH PLAN, INC., Defendant and Respondent.
NOT TO BE PUBLISHED
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.4th at p. 69.) Appellant has failed to carry his burden.
There is no change in the judgment.
Appellants petition for rehearing is denied.