IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN No. B184281 November 20, 2006 ELIAS VALDEZ, PLAINTIFF AND APPELLANT, v. DOUGLAS HIMMELFARB ET AL. , DEFENDANTS AND RESPONDENTS. Valdez filed a timely appeal from the judgment for defendants but no appeal was filed on behalf of Valdez or his attorneys from the sanction order. In May 2003 Valdez filed the present action for personal injury, unfair competition and declaratory relief alleging the Mission Club was a business operated by defendant Himmelfarb and others who "intentionally and without good cause . *fn6 The court reasoned defendants "conclusively established" Valdez knew no later than December 2001 defendants did not have workers' compensation insurance. But even if this was the date on which Valdez first discovered Himmelfarb was his uninsured employer the complaint was filed more than a year after this discovery.

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