Perez

Perez v. Cozen & O'Connor Group Long Term Disability Coverage

Good Law
459 F. Supp. 2d 1018·2006 WL 3208507·2006 U.S. Dist. LEXIS 82480
United States District Court, Southern District of CaliforniaAugust 22, 200605CV0440 DMS(AJB)California2,669 words

Opinion

Opinion

Sabraw, J.

ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

This matter comes before the Court on Plaintiffs motion for summary judgment. Defendant has filed an opposition to the motion, and Plaintiff has filed a reply. The matter came on for hearing on August 18, 2006. Susan Horner, Esq. appeared on behalf of Plaintiff, and A. Louis Dorny, Esq. appeared on behalf of Defendant. For the reasons set out below, the Court denies the motion.

I.

FACTUAL BACKGROUND

Plaintiff Renee Perez is a former employee of the law firm Cozen & O’Connor. From January 13,1997, through May 1998, Plaintiff worked as a litigation law clerk for the firm. (Def.’s Response to Pl.’s Statement of Facts in Supp. of Mot. for Summ. J. at ¶ 1.) After graduating from law school and taking the bar exam, Plain tiff began work as an associate attorney for the firm in mid-August 1998. (Id.)

In November 1998, about two weeks after returning from a trip to Peru, Plaintiff reported to an urgent care center with complaints of ongoing sinus congestion, coughing, sore throat, headaches, and significant exhaustion. (Id. at ¶ 5.) Plaintiff tested positive for streptococcus, and received some prescriptions. (Id.)

One week…

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