Moran v. Murtaugh, Miller, Meyer & Nelson, 126 Cal. App. 4th 323 (2005)

Gene Moran was hired as a paralegal by the Murtaugh, Miller law firm. Shortly thereafter, one of the firm’s associates conducted a computerized legal database search and discovered that Moran had several felony convictions in his past, including grand theft and second-degree burglary. The associate notified a number of the firm’s partners of Moran’s criminal history, and the partners met with Moran and asked him whether he had ever been convicted of a felony. When Moran confirmed that he had been convicted of the felonies, the partners requested and received Moran’s immediate resignation from the firm. Approximately 10 days after his resignation, Moran requested that the firm provide him with the public record information upon which the adverse employment decision was based, citing the California Investigative Consumer Reporting Agencies Act (ICRA). The next day, the firm mailed Moran a copy of the information that had been obtained online concerning his prior convictions. Moran then filed suit against Murtaugh, Miller, alleging a violation of ICRA, among other claims. Upon learning that Moran had filed numerous unmeritorious lawsuits, the firm obtained an order identifying Moran as a vexatious litigant and requiring him to post a bond, which he failed to do. The trial court proceeded to dismiss Moran’s lawsuit. The Court of Appeal affirmed, holding that the firm did not violate ICRA since it had provided Moran with copies of the relevant documents within a reasonable amount of time (eight business days) after confronting him with the information.