State Compensation Ins. Fund v. De Leon CA2/8

FACTS

The Contract State Fund is a public enterprise fund which provides workers’ compensation insurance to employers. (See Ins. Code, § 11770 et seq.) F.D. De Leon Associates, Inc. acted as a collection agency for the State Fund. Francisco D. De Leon allegedly is an officer of F.D. De Leon Associates, Inc.

1 The complaint also alleged causes of action for equitable accounting, alter ego theory, and for civil conspiracy, which are actually more remedies than causes of action. 2 We deliberately state “allegedly is an officer” because there is no evidence in the record (e.g., by way of an admission in an answer, or by any deposition testimony, or by any proper reference to an officially filed corporate record) that Francisco D. DeLeon is, in fact, an officer of F.D. DeLeon Associates, Inc. The only “showing” that we see in the record that Francisco D. DeLeon is an officer of F.D. DeLeon Associates, Inc is an allegation to that effect in State Fund’s complaint. This is not merely a matter of the rule that, “ ‘if it is not set forth in the separate statement, it does not exist’ ” (see United

2 State Fund and F.D. De Leon & Associates, Inc. entered into a written Master Service…