The owner of the Mobile Home Park testified that that there are two signs at each entrance that read “Invitees and Guests Only. He also filmed him inside an Albertson’s grocery store.The only evidence admitted at trial was a photograph containing an Albertson’s logo and the words, “NO Videotaping, Photography, Audio Taping, anywhere on store premises without prior consent.” Applicant asserted that the films violate his right to privacy and, therefore, are not admissible and should not be provided to the doctors.Īn investigator testified that he conducted surveillance of the applicant by following him first along the street and later by entering the driveway to a Mobile Home Park that he entered and parked in the visitor parking space that he entered onto the property three times and each time parked in the same location that he filmed applicant entirely from the car that there were no signs regarding private property or trespassing that he observed from the street when he entered the driveway and that he understood that the Mobile Home Park was not applicant’s place of residence. The sole issue framed for trial on a discovery dispute was defendant’s request for an order permitting it to provide surveillance videos to medical-legal evaluators, pursuant to Qualified Medical Evaluator Regulation 35(d). Jonathan Duong sustained an industrial injury to his spine while employed by the Automobile Club of Southern California.
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