Thompson
People Ex Rel. Monterey Mushrooms, Inc. v. Thompson
Opinion
Opinion
Elia, J.
After a court trial, defendants Steven P. Thompson, Aster Kifle-Thompson, and the corporations they had formed were found to have violated Insurance Code section 1871.7, subdivision (b), by submitting fraudulent claims for compensation proscribed by Penal Code section 550. On appeal, defendants contend that the case should have been dismissed because (1) it belonged exclusively in a workers’ compensation forum, (2) the People failed to meet the statutory prerequisites for bringing the lawsuit, and (3) defendants’ conduct was not unlawful. Defendants further contend that the trial court should have applied a “clear and convincing evidence” standard of proof, that joint and several liability was inappropriate on the facts of the case, and that the damages imposed were unauthorized and excessive. We find no error and affirm the judgment.
Procedural History
The People initiated this action against defendants for restitution, civil penalties, and an injunction under Insurance Code section 1871.7 of the Insurance Frauds Prevention Act and under Business & Professions Code section 17200 et seq. The People alleged that the individual defendants— Steven Thompson; his wife, Aster…