• City projects in Fresno on hold the accusation is Wage violations, and unlawful and unauthorized firing. City of Fresno, as of 2024 August 13th of this year, there are a total of 24 different projects presented by municipal wage whether you are corporation or a small business, get active to hold budget in any way system with years of litigation experience in this discrimination where Criminal Law Reform city Project are presented. After Fresno has been awarded $230 million by Shell Oil Company, these arrangements violated the Anti-Kickback Statute and the false claims. A recent ruling dismissing the county's lawsuit against the state of California.
    City projects in Fresno on hold the accusation is Wage violations, and unlawful and unauthorized firing. City of Fresno, as of 2024 August 13th of this year, there are a total of 24 different projects presented by municipal wage whether you are corporation or a small business, get active to hold budget in any way system with years of litigation experience in this discrimination where Criminal Law Reform city Project are presented. After Fresno has been awarded $230 million by Shell Oil Company, these arrangements violated the Anti-Kickback Statute and the false claims. A recent ruling dismissing the county's lawsuit against the state of California.
    0 Commentarii 0 Distribuiri 25 Views

  • USAA Punished for it Claims Handling

    Punitive Damages Should be Awarded With Caution and Within Narrow Limits

    Read the full article at https://www.linkedin.com/pulse/usaa-punished-claims-handling-barry-zalma-esq-cfe-nbp2c, see the full video at and at and at https://zalma.com/blog plus more than 4950 posts.

    Posted on December 19, 2024 by Barry Zalma

    DISPUTE OVER HURRICANE DAMAGES RESULTS IN MAJOR PUNITIVE DAMAGES FOR BAD FAITH

    Although he Mississippi Supreme Court recognized the need to only award punitive damages with caution and within narrow limits, it did not limit its award in accordance with that maxim. After almost 19 years of litigation the last appeal resolved the various disputes.
    FACTS

    Hurricane Katrina destroyed Paul and Sylvia Minor’s home on August 29, 2005. The Minors had a homeowner’s insurance policy with United Services Automobile Association (USAA). The USAA policy covered damage caused by wind but excluded damage caused by storm surge or flood. The Minors reported their loss with USAA, which resulted in a years-long coverage dispute. USAA ultimately issued payments for damage it concluded was caused by wind but not for damage it concluded was caused by storm surge or flood.

    The Minors maintained that they suffered a total loss caused by wind and demanded that USAA pay the policy limits. The case proceeded to trial in 2013, and the jury awarded the Minors $1,547,293.37 in compensatory damages.

    In United Services Automobile Association v. Estate Of Sylvia F. Minor, Kathryn Minor and Stephen Minor, No. 2023-CA-00049-SCT, Supreme Court of Mississippi, En Banc (December 5, 2024) resolved the bad faith claims.

    The issue was ultimately presented to a jury. The jury awarded the Minors $10,000,000 in punitive damages and $457,858.89 in extra-contractual damages (solely attorneys’ fees). USAA appealed, raising several assignments of error.

    Trial

    To establish its bad faith claim, the Minor Estate introduced various USAA documents, including (1) portions of the USAA underwriting file; (2) the confidential email regarding (a) the engineer’s March 2006 findings and (b) Bergstrom’s conclusion that USAA would be responsible for paying for all the windows and the contents in rooms with windows; and (3) USAA’s letter to the Minors in June 2006 indicating the majority of damage was due to flooding.

    Punitive Damages

    Punitive damages are considered an ‘extraordinary remedy’ and should be awarded ‘with caution and within narrow limits.'” The Supreme Court found that the evidence presented at trial demonstrates a type of conduct for which punitive damages were designed. The Minor Estate provided sufficient proof that USAA acted in bad faith, with complete disregard for the Estate’s rights.

    Whether The $10 Million Punitive Damages Award Should Be Reversed Or, Alternatively, Reduced.

    USAA alternatively argues that the $10 million verdict should be reduced because it claims that the damages award is a 22:1 ratio and therefore unconstitutionally disproportionate to the extra-contractual damages awarded ($457,858.89). USAA relies on State Farm Mutual Auto Insurance Co. v. Campbell, 538 U.S. 408, 425, 123 S.Ct. 1513, 1524, 155 L.Ed.2d 585 (2003), which states that “[s]ingle-digit multipliers are more likely to comport with due process.” USAA argued that a 1:1 ratio should apply to the damages award here.

    The Supreme Court found that punitive damages is less than seven times the amount of compensatory damages, which it concluded clearly falls within the guideline provided in Campbell.

    A punitive damages award not only serves as a deterrent, it also compensates the plaintiff for its public service in bringing the action. The Supreme Court found the trial court’s decision to force the Minor Estate to use nearly half of its award to pay attorneys’ fees does not adequately compensate the Estate for bringing this action against USAA for its bad faith conduct in handling the Minors’ insurance claim from 2005. Therefore, the Supreme Court concluded that the trial court erred by denying the Estate’s post-trial motion for attorneys’ fees.

    CONCLUSION

    In sum, the trial judge did not err as a matter of law by submitting the issue of punitive damages to jury, and the $10 million award of punitive damages is not unconstitutionally disproportionate. The Supreme Court affirmed the jury verdict awarding the Minor Estate $10 million in punitive damages and $457,858.89 in extra-contractual damages as to attorneys’ fees and reverse the judgment of the trial court and render attorneys’ fees on behalf of the Estate in the amount of $4,500,000, plus post-judgment interest at an annual rate of 4 percent from October 3, 2022, the date of judgment, until paid.

    ZALMA OPINION

    This case that dragged on through the courts of Mississippi for 19 years and resulted in compensatory damages based upon an interpretation finding coverage for the estate and that the insurer’s conduct was so egregious that the estate was entitled to tort damages plus punitive damages many times more than the compensatory damages. The Supreme Court astonishingly concluded that punitive damages were not limited to punishing the insurer but were payment to the estate for its action on behalf of everyone in the state of Mississippi and that they should not be required to pay their lawyers but that payment should come from the insurer as part of its punishment. The Supreme Court ignored the fact that as a result the estate must pay income taxes on the punishment damages since they are not designed to make the insured whole and punished each member and insured of USAA.

    In my opinion it’s time the courts of the USA do away with the tort of bad faith to avoid excessive judgments and allow contract disputes to be enlarged into a major amount of punishment for an insurer who rejected a claim based on interpretation of contract terms and the facts of a loss, like this case. In that regard see my book, It’s Time to Abolish The Tort of Bad Faith Available as a paperback here. Available as a Kindle book here.

    (c) 2024 Barry Zalma & ClaimSchool, Inc.

    Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.

    Subscribe to my substack at https://barryzalma.substack.com/subscribe

    Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg

    Go to the Insurance Claims Library – https://lnkd.in/gwEYk
    USAA Punished for it Claims Handling Punitive Damages Should be Awarded With Caution and Within Narrow Limits Read the full article at https://www.linkedin.com/pulse/usaa-punished-claims-handling-barry-zalma-esq-cfe-nbp2c, see the full video at and at and at https://zalma.com/blog plus more than 4950 posts. Posted on December 19, 2024 by Barry Zalma DISPUTE OVER HURRICANE DAMAGES RESULTS IN MAJOR PUNITIVE DAMAGES FOR BAD FAITH Although he Mississippi Supreme Court recognized the need to only award punitive damages with caution and within narrow limits, it did not limit its award in accordance with that maxim. After almost 19 years of litigation the last appeal resolved the various disputes. FACTS Hurricane Katrina destroyed Paul and Sylvia Minor’s home on August 29, 2005. The Minors had a homeowner’s insurance policy with United Services Automobile Association (USAA). The USAA policy covered damage caused by wind but excluded damage caused by storm surge or flood. The Minors reported their loss with USAA, which resulted in a years-long coverage dispute. USAA ultimately issued payments for damage it concluded was caused by wind but not for damage it concluded was caused by storm surge or flood. The Minors maintained that they suffered a total loss caused by wind and demanded that USAA pay the policy limits. The case proceeded to trial in 2013, and the jury awarded the Minors $1,547,293.37 in compensatory damages. In United Services Automobile Association v. Estate Of Sylvia F. Minor, Kathryn Minor and Stephen Minor, No. 2023-CA-00049-SCT, Supreme Court of Mississippi, En Banc (December 5, 2024) resolved the bad faith claims. The issue was ultimately presented to a jury. The jury awarded the Minors $10,000,000 in punitive damages and $457,858.89 in extra-contractual damages (solely attorneys’ fees). USAA appealed, raising several assignments of error. Trial To establish its bad faith claim, the Minor Estate introduced various USAA documents, including (1) portions of the USAA underwriting file; (2) the confidential email regarding (a) the engineer’s March 2006 findings and (b) Bergstrom’s conclusion that USAA would be responsible for paying for all the windows and the contents in rooms with windows; and (3) USAA’s letter to the Minors in June 2006 indicating the majority of damage was due to flooding. Punitive Damages Punitive damages are considered an ‘extraordinary remedy’ and should be awarded ‘with caution and within narrow limits.'” The Supreme Court found that the evidence presented at trial demonstrates a type of conduct for which punitive damages were designed. The Minor Estate provided sufficient proof that USAA acted in bad faith, with complete disregard for the Estate’s rights. Whether The $10 Million Punitive Damages Award Should Be Reversed Or, Alternatively, Reduced. USAA alternatively argues that the $10 million verdict should be reduced because it claims that the damages award is a 22:1 ratio and therefore unconstitutionally disproportionate to the extra-contractual damages awarded ($457,858.89). USAA relies on State Farm Mutual Auto Insurance Co. v. Campbell, 538 U.S. 408, 425, 123 S.Ct. 1513, 1524, 155 L.Ed.2d 585 (2003), which states that “[s]ingle-digit multipliers are more likely to comport with due process.” USAA argued that a 1:1 ratio should apply to the damages award here. The Supreme Court found that punitive damages is less than seven times the amount of compensatory damages, which it concluded clearly falls within the guideline provided in Campbell. A punitive damages award not only serves as a deterrent, it also compensates the plaintiff for its public service in bringing the action. The Supreme Court found the trial court’s decision to force the Minor Estate to use nearly half of its award to pay attorneys’ fees does not adequately compensate the Estate for bringing this action against USAA for its bad faith conduct in handling the Minors’ insurance claim from 2005. Therefore, the Supreme Court concluded that the trial court erred by denying the Estate’s post-trial motion for attorneys’ fees. CONCLUSION In sum, the trial judge did not err as a matter of law by submitting the issue of punitive damages to jury, and the $10 million award of punitive damages is not unconstitutionally disproportionate. The Supreme Court affirmed the jury verdict awarding the Minor Estate $10 million in punitive damages and $457,858.89 in extra-contractual damages as to attorneys’ fees and reverse the judgment of the trial court and render attorneys’ fees on behalf of the Estate in the amount of $4,500,000, plus post-judgment interest at an annual rate of 4 percent from October 3, 2022, the date of judgment, until paid. ZALMA OPINION This case that dragged on through the courts of Mississippi for 19 years and resulted in compensatory damages based upon an interpretation finding coverage for the estate and that the insurer’s conduct was so egregious that the estate was entitled to tort damages plus punitive damages many times more than the compensatory damages. The Supreme Court astonishingly concluded that punitive damages were not limited to punishing the insurer but were payment to the estate for its action on behalf of everyone in the state of Mississippi and that they should not be required to pay their lawyers but that payment should come from the insurer as part of its punishment. The Supreme Court ignored the fact that as a result the estate must pay income taxes on the punishment damages since they are not designed to make the insured whole and punished each member and insured of USAA. In my opinion it’s time the courts of the USA do away with the tort of bad faith to avoid excessive judgments and allow contract disputes to be enlarged into a major amount of punishment for an insurer who rejected a claim based on interpretation of contract terms and the facts of a loss, like this case. In that regard see my book, It’s Time to Abolish The Tort of Bad Faith Available as a paperback here. Available as a Kindle book here. (c) 2024 Barry Zalma & ClaimSchool, Inc. Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos. Subscribe to my substack at https://barryzalma.substack.com/subscribe Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg Go to the Insurance Claims Library – https://lnkd.in/gwEYk
    WWW.LINKEDIN.COM
    Discover thousands of collaborative articles on 2500+ skills
    Discover 100 collaborative articles on domains such as Marketing, Public Administration, and Healthcare. Our expertly curated collection combines AI-generated content with insights and advice from industry experts, providing you with unique perspectives and up-to-date information on many skills and their applications.
    0 Commentarii 0 Distribuiri 107 Views
  • DEAD MEN
    "Dead Men" unfolds in the rugged, untamed frontier of the Old West, where the line between justice and vengeance is as blurred as the desert horizon. The story centers on two brothers, Jacob and Levi, whose lives are irrevocably changed when their father is brutally murdered. Driven by a potent mix of grief and fury, they embark on a perilous quest to avenge his death.

    Their journey is not just one of retribution but also of protection and reclamation. The brothers have formed a deep bond with a nearby Apache tribe, sharing in their customs and becoming a part of their extended family. With the tribe facing constant threats from land-hungry settlers and ruthless outlaws, Jacob and Levi take it upon themselves to shield their newfound kin from the encroaching dangers.

    As they traverse the vast and unforgiving landscape, the brothers encounter a host of colorful and dangerous characters, each with their own stake in the deadly game of survival. From cunning gold prospectors to corrupt lawmen, the Old West's harsh reality tests their resolve and ingenuity at every turn.

    The quest to reclaim their father’s land and gold intertwines with the broader struggle to preserve the Apache way of life. This dual mission reveals the complexities of honor and loyalty in a world where betrayal lurks around every corner. Along the way, the brothers grapple with their own identities, the weight of their father's legacy, and the moral ambiguities of their actions.

    "Dead Men" is a gripping tale of brotherhood, survival, and the relentless pursuit of justice. Its rich tapestry of historical detail and vivid characterization brings the Old West to life, capturing the spirit of an era defined by both its brutality and its raw beauty. With sweeping landscapes, intense action sequences, and a heart-wrenching narrative, this film delves deep into the human spirit, exploring themes of family, honor, and the enduring struggle for what is rightfully one's own.
    https://www.youtube.com/watch?v=ztx8zH1pWOU
    DEAD MEN "Dead Men" unfolds in the rugged, untamed frontier of the Old West, where the line between justice and vengeance is as blurred as the desert horizon. The story centers on two brothers, Jacob and Levi, whose lives are irrevocably changed when their father is brutally murdered. Driven by a potent mix of grief and fury, they embark on a perilous quest to avenge his death. Their journey is not just one of retribution but also of protection and reclamation. The brothers have formed a deep bond with a nearby Apache tribe, sharing in their customs and becoming a part of their extended family. With the tribe facing constant threats from land-hungry settlers and ruthless outlaws, Jacob and Levi take it upon themselves to shield their newfound kin from the encroaching dangers. As they traverse the vast and unforgiving landscape, the brothers encounter a host of colorful and dangerous characters, each with their own stake in the deadly game of survival. From cunning gold prospectors to corrupt lawmen, the Old West's harsh reality tests their resolve and ingenuity at every turn. The quest to reclaim their father’s land and gold intertwines with the broader struggle to preserve the Apache way of life. This dual mission reveals the complexities of honor and loyalty in a world where betrayal lurks around every corner. Along the way, the brothers grapple with their own identities, the weight of their father's legacy, and the moral ambiguities of their actions. "Dead Men" is a gripping tale of brotherhood, survival, and the relentless pursuit of justice. Its rich tapestry of historical detail and vivid characterization brings the Old West to life, capturing the spirit of an era defined by both its brutality and its raw beauty. With sweeping landscapes, intense action sequences, and a heart-wrenching narrative, this film delves deep into the human spirit, exploring themes of family, honor, and the enduring struggle for what is rightfully one's own. https://www.youtube.com/watch?v=ztx8zH1pWOU
    0 Commentarii 0 Distribuiri 137 Views
  • Oh The Horror!!! Imagine Children Learning Gun Safety & How To Defend Themselves!!
    Schoolchildren in Poland are preparing for potential invasion with mandates for firearm lessons. Minister of Education and Science Przemyslaw Czarnek signed off on the new requirement and is considering expanding studies to include preparation for rescue operations and cyber attacks.
    Children in primary schools will learn weapons safety and theoretical principles. Secondary school children, girls and boys, will learn how to properly shoot a firearm. Lessons may begin by using ball guns, air guns, or virtual laser shooting ranges before introducing live ammunition.
    https://www.armstrongeconomics.com/world-news/war/poland-mandates-firearm-lessons-in-schools/
    Oh The Horror!!! Imagine Children Learning Gun Safety & How To Defend Themselves!! Schoolchildren in Poland are preparing for potential invasion with mandates for firearm lessons. Minister of Education and Science Przemyslaw Czarnek signed off on the new requirement and is considering expanding studies to include preparation for rescue operations and cyber attacks. Children in primary schools will learn weapons safety and theoretical principles. Secondary school children, girls and boys, will learn how to properly shoot a firearm. Lessons may begin by using ball guns, air guns, or virtual laser shooting ranges before introducing live ammunition. https://www.armstrongeconomics.com/world-news/war/poland-mandates-firearm-lessons-in-schools/
    WWW.ARMSTRONGECONOMICS.COM
    Poland Mandates Firearm Lessons in Schools
    Schoolchildren in Poland are preparing for potential invasion with mandates for firearm lessons. Minister of Education and Science Przemyslaw Czarnek signed
    0 Commentarii 0 Distribuiri 231 Views
  • The Mena Connection- Official Digital Version

    The Broward County Sheriff's Office COOKED CRACK COCAINE, then sold it to drug addicts in school zones, so they could lock those drug addicts away for a LONG TIME because of the stiff penalties for having drugs in a school zone!

    Now these thin blue line #Criminals admit, and ARE GUILTY of selling drugs in a school zone, and manufacturing the drugs!

    But they put some poor drug addict in jail???
    Seriously???

    I'll share that story.... THIS STORY is about how the drugs arrived in the US to begin with. The #CIA has ALWAYS brought the drugs into the US! They use the proceeds to fund their other unlawful activities! Every last employee of the CIA should be in jail, just like any other American would be for the SAME THING!

    The CIA is basically #Mossad in the US
    They conduct CRIMINAL OPERATIONS around the world and all around the United States! They are the REAL CRIMINALS

    It's just another example of "Rules for thee, but NOT for me"
    Our two-tiered system of #Injustice (The "Just US" System)


    https://youtu.be/r-xtMjkul0c
    The Mena Connection- Official Digital Version The Broward County Sheriff's Office COOKED CRACK COCAINE, then sold it to drug addicts in school zones, so they could lock those drug addicts away for a LONG TIME because of the stiff penalties for having drugs in a school zone! Now these thin blue line #Criminals admit, and ARE GUILTY of selling drugs in a school zone, and manufacturing the drugs! But they put some poor drug addict in jail??? Seriously??? I'll share that story.... THIS STORY is about how the drugs arrived in the US to begin with. The #CIA has ALWAYS brought the drugs into the US! They use the proceeds to fund their other unlawful activities! Every last employee of the CIA should be in jail, just like any other American would be for the SAME THING! The CIA is basically #Mossad in the US They conduct CRIMINAL OPERATIONS around the world and all around the United States! They are the REAL CRIMINALS It's just another example of "Rules for thee, but NOT for me" Our two-tiered system of #Injustice (The "Just US" System) https://youtu.be/r-xtMjkul0c
    0 Commentarii 0 Distribuiri 228 Views

  • Inadequate Litigant’s Cases Dismissed

    Plaintiff, by her Litigation Appears to Establish the Report for a Mental Health Evaluation Was Appropriate

    Read the full article at https://lnkd.in/gECRyZ-f, see the full video at https://lnkd.in/gs_4Bby9 and at https://lnkd.in/g67dDK8q, and https://zalma.com/blog plus more than 4950 posts.

    Post 4950

    In Samreen Riaz v. State Of California, et al., F087504, California Court of Appeals, Fifth District (December 2, 2024) the California Court of Appeals found itself asked to resolve suits against an individual and the state of California from an inadequate but excessively litigious plaintiff.

    FACTS

    Samreen Riaz was a licensed dentist – she lost her license to practice because of the facts underlying this case. According to her, there is an elaborate conspiracy to harass, stalk, threaten, and ultimately prevent her from testifying in a separate “whistleblower” case involving “OSHA and HIPPA Violations” at a medical facility.

    Riaz sued raising numerous claims against numerous individuals and government entities. The opposing parties challenged the complaint’s viability through demurrer and anti-SLAPP proceedings. The trial court sustained the demurrers and granted the anti-SLAPP motion, leaving Riaz with no viable claim. Riaz appealed.

    BACKGROUND

    The facts underlying this case involve four discrete events.

    First: Riaz sued a medical facility and suffered an alleged eye injury while attempting to testify in that case.

    Second: She sought treatment for that eye injury but was refused service and then sued that doctor in small claims court.

    Third: That doctor reported Riaz to the Dental Board of California which, in turn, initiated mental health competence proceedings against Riaz.

    Fourth: Riaz’s license to practice dentistry was revoked, and she filed the complaint at issue in this case.
    Initial Lawsuit Against Medical Facility

    Acting as a “whistleblower,” Riaz “disclosed … OSHA, Hippa, recruited patient, potential insurance fraud and anti-competent activities in the market” at a medical facility.

    After filing a lawsuit on that basis, Riaz claimed she suffered “organized harassment,” culminating in “permanent eye damage” after a sheriff-department employee pointed a finger in her face while attempting to enter the courthouse in her “whistleblower” case.

    Visiting Doctor for Eye Injury

    Riaz visited Dr. Cantrell to treat an eye injury. She claimed Cantrell became combative, refused to answer Riaz’s questions, and declined to treat Riaz. The next day, Riaz filed a complaint with the Medical Board of California.

    Several days later, she filed a small claims case against Cantrell, essentially alleging discrimination, negligence, and retaliation. A small claims judgment was eventually entered in Cantrell’s favor.

    Report to Dental Board

    Cantrell reported Riaz to the Dental Board. The Dental Board issued an order to Riaz to comply with a mental health examination “to evaluate her fitness to practice safely ….” (See Bus. &Prof. Code, § 820.) Riaz failed to comply with the order. Since Riaz continued to disobey the order, her license to practice dentistry was ultimately revoked.

    Instant Complaint and Judgment

    Riaz sued Cantrell, various government entities, and several individuals working for those entities (collectively, the State). The complaint alleged an elaborate conspiracy among all the defendants to injure Riaz, to intimidate her to prevent her from testifying, and to retaliate against her for the “whistleblower” case.

    The trial court sustained the demurrers and granted the anti-SLAPP motion resulting in total dismissal.

    DISCUSSION

    Did the trial court err in granting the anti-SLAPP motion?

    Did it err in sustaining the demurrers?

    The California Court of Appeals concluded the trial court did not err.
    Anti-SLAPP Motion

    In the anti-SLAPP motion, Cantrell argued his furnishing information to the Dental Board was protected activity and defeated claims “for discrimination, fraud, defamation, retaliation[,] and intentional infliction of emotional distress[.]”

    In opposition to the anti-SLAPP motion, Riaz claimed again Cantrell “made inaccurate, knowingly misleading statements to the [D]ental [B]oard to defame and harm [Riaz] based on disclosing patient information.” The trial court concluded furnishing those documents to the board constituted protected activity.

    ANALYSIS

    Litigation of an anti-SLAPP motion involves a two-step process. First, the moving defendant bears the burden of establishing that the challenged allegations or claims that arise from protected activity in which the defendant has engaged. Second, for each claim that does arise from protected activity, the plaintiff must show the claim has at least minimal merit. If the plaintiff cannot make this showing, the court will, and did, strike the claim.

    If there is no merit, the claim is stricken. The Court of Appeals noted that Riaz failed to adduce any evidence-including exhibits, declarations, judicial notice, and testimony-to substantiate her allegation Cantrell reported her to the Dental Board for retribution. She failed to adduce admissible evidence on the point.

    DEMURRERS

    Both Cantrell and the State filed demurrers to Riaz’s complaint..

    Additional Background

    A small claims plaintiff is collaterally estopped from relitigating the same issue in superior court where the record is sufficiently clear to determine that the issue was litigated and decided against plaintiff in the small claims action.

    Governmental immunity is an affirmative defense properly raised by demurrer. Government Code section 821.6 immunizes public employees from liability for ‘instituting or prosecuting any judicial or administrative proceeding’ within the scope of their employment, even if the employees act ‘maliciously and without probable cause.

    Riaz alleged her claims arose in July 2022. Her written government claim was submitted in April 2023, more than six months later. Accordingly, the claims were barred, at least insofar as they stemmed from the section 820 order.
    CONCLUSION AND SUMMARY

    Riaz failed to allege colorable claims against either Cantrell or the State. The potential claims against Cantrell were either tried and resolved against her in small claims court or dismissed pursuant to the anti-SLAPP statute. The potential claims against the State were either barred for failure to timely present them under the Government Claims Act, or the State was immune under Government Code sections 821.6, 818.4, and 821.2.

    ZALMA OPINION

    It is axiomatic that a person who represents himself has a fool for a client. The litigation history, the multiple actions, and the lack of consistency and evidence, establish that Dr. Cantrell was correct when he advised the Dental Board that a mental health examination to evaluate her fitness to practice safely…” was correct. She refused to fulfill her obligation to the Dental Board to be evaluated because she was concerned she would not pass. This case is an abuse of Doctor Cantrell and the state and should have resulted in serious sanctions.

    (c) 2024 Barry Zalma & ClaimSchool, Inc.

    Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.

    Subscribe to my substack at https://barryzalma.substack.com/subscribe

    Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg

    Go to the Insurance Claims Library – https://lnkd.in/gwEYk
    Inadequate Litigant’s Cases Dismissed Plaintiff, by her Litigation Appears to Establish the Report for a Mental Health Evaluation Was Appropriate Read the full article at https://lnkd.in/gECRyZ-f, see the full video at https://lnkd.in/gs_4Bby9 and at https://lnkd.in/g67dDK8q, and https://zalma.com/blog plus more than 4950 posts. Post 4950 In Samreen Riaz v. State Of California, et al., F087504, California Court of Appeals, Fifth District (December 2, 2024) the California Court of Appeals found itself asked to resolve suits against an individual and the state of California from an inadequate but excessively litigious plaintiff. FACTS Samreen Riaz was a licensed dentist – she lost her license to practice because of the facts underlying this case. According to her, there is an elaborate conspiracy to harass, stalk, threaten, and ultimately prevent her from testifying in a separate “whistleblower” case involving “OSHA and HIPPA Violations” at a medical facility. Riaz sued raising numerous claims against numerous individuals and government entities. The opposing parties challenged the complaint’s viability through demurrer and anti-SLAPP proceedings. The trial court sustained the demurrers and granted the anti-SLAPP motion, leaving Riaz with no viable claim. Riaz appealed. BACKGROUND The facts underlying this case involve four discrete events. First: Riaz sued a medical facility and suffered an alleged eye injury while attempting to testify in that case. Second: She sought treatment for that eye injury but was refused service and then sued that doctor in small claims court. Third: That doctor reported Riaz to the Dental Board of California which, in turn, initiated mental health competence proceedings against Riaz. Fourth: Riaz’s license to practice dentistry was revoked, and she filed the complaint at issue in this case. Initial Lawsuit Against Medical Facility Acting as a “whistleblower,” Riaz “disclosed … OSHA, Hippa, recruited patient, potential insurance fraud and anti-competent activities in the market” at a medical facility. After filing a lawsuit on that basis, Riaz claimed she suffered “organized harassment,” culminating in “permanent eye damage” after a sheriff-department employee pointed a finger in her face while attempting to enter the courthouse in her “whistleblower” case. Visiting Doctor for Eye Injury Riaz visited Dr. Cantrell to treat an eye injury. She claimed Cantrell became combative, refused to answer Riaz’s questions, and declined to treat Riaz. The next day, Riaz filed a complaint with the Medical Board of California. Several days later, she filed a small claims case against Cantrell, essentially alleging discrimination, negligence, and retaliation. A small claims judgment was eventually entered in Cantrell’s favor. Report to Dental Board Cantrell reported Riaz to the Dental Board. The Dental Board issued an order to Riaz to comply with a mental health examination “to evaluate her fitness to practice safely ….” (See Bus. &Prof. Code, § 820.) Riaz failed to comply with the order. Since Riaz continued to disobey the order, her license to practice dentistry was ultimately revoked. Instant Complaint and Judgment Riaz sued Cantrell, various government entities, and several individuals working for those entities (collectively, the State). The complaint alleged an elaborate conspiracy among all the defendants to injure Riaz, to intimidate her to prevent her from testifying, and to retaliate against her for the “whistleblower” case. The trial court sustained the demurrers and granted the anti-SLAPP motion resulting in total dismissal. DISCUSSION Did the trial court err in granting the anti-SLAPP motion? Did it err in sustaining the demurrers? The California Court of Appeals concluded the trial court did not err. Anti-SLAPP Motion In the anti-SLAPP motion, Cantrell argued his furnishing information to the Dental Board was protected activity and defeated claims “for discrimination, fraud, defamation, retaliation[,] and intentional infliction of emotional distress[.]” In opposition to the anti-SLAPP motion, Riaz claimed again Cantrell “made inaccurate, knowingly misleading statements to the [D]ental [B]oard to defame and harm [Riaz] based on disclosing patient information.” The trial court concluded furnishing those documents to the board constituted protected activity. ANALYSIS Litigation of an anti-SLAPP motion involves a two-step process. First, the moving defendant bears the burden of establishing that the challenged allegations or claims that arise from protected activity in which the defendant has engaged. Second, for each claim that does arise from protected activity, the plaintiff must show the claim has at least minimal merit. If the plaintiff cannot make this showing, the court will, and did, strike the claim. If there is no merit, the claim is stricken. The Court of Appeals noted that Riaz failed to adduce any evidence-including exhibits, declarations, judicial notice, and testimony-to substantiate her allegation Cantrell reported her to the Dental Board for retribution. She failed to adduce admissible evidence on the point. DEMURRERS Both Cantrell and the State filed demurrers to Riaz’s complaint.. Additional Background A small claims plaintiff is collaterally estopped from relitigating the same issue in superior court where the record is sufficiently clear to determine that the issue was litigated and decided against plaintiff in the small claims action. Governmental immunity is an affirmative defense properly raised by demurrer. Government Code section 821.6 immunizes public employees from liability for ‘instituting or prosecuting any judicial or administrative proceeding’ within the scope of their employment, even if the employees act ‘maliciously and without probable cause. Riaz alleged her claims arose in July 2022. Her written government claim was submitted in April 2023, more than six months later. Accordingly, the claims were barred, at least insofar as they stemmed from the section 820 order. CONCLUSION AND SUMMARY Riaz failed to allege colorable claims against either Cantrell or the State. The potential claims against Cantrell were either tried and resolved against her in small claims court or dismissed pursuant to the anti-SLAPP statute. The potential claims against the State were either barred for failure to timely present them under the Government Claims Act, or the State was immune under Government Code sections 821.6, 818.4, and 821.2. ZALMA OPINION It is axiomatic that a person who represents himself has a fool for a client. The litigation history, the multiple actions, and the lack of consistency and evidence, establish that Dr. Cantrell was correct when he advised the Dental Board that a mental health examination to evaluate her fitness to practice safely…” was correct. She refused to fulfill her obligation to the Dental Board to be evaluated because she was concerned she would not pass. This case is an abuse of Doctor Cantrell and the state and should have resulted in serious sanctions. (c) 2024 Barry Zalma & ClaimSchool, Inc. Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos. Subscribe to my substack at https://barryzalma.substack.com/subscribe Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg Go to the Insurance Claims Library – https://lnkd.in/gwEYk
    LNKD.IN
    Inadequate Litigant’s Cases Dismissed
    Plaintiff, by her Litigation Appears to Establish the Report for a Mental Health Evaluation Was Appropriate Post 4950 Posted on December 18, 2024 by Barry Zalma See the full video at https://rumble.com/v607fvb-inadequate-litigants-cases-dismissed.
    0 Commentarii 0 Distribuiri 772 Views
  • The House report just found the Liz Cheney coached Cassidy Hutchinson to change her testimony in the J6 Committee

    And that it was done without a lawyer present

    Now we know why they deleted their communications
    The House report just found the Liz Cheney coached Cassidy Hutchinson to change her testimony in the J6 Committee And that it was done without a lawyer present Now we know why they deleted their communications
    Angry
    1
    0 Commentarii 0 Distribuiri 94 Views
  • What is BitLife?

    BitLife is a captivating mobile game that lets you experience the intricacies of life in a fun and interactive way. Also known as a life simulation game, BitLife allows players to make choices that shape their avatar's life, including education, career paths, relationships, and even legal issues. Every decision you make leads to unique outcomes, ensuring that no two lives are alike!

    How to Play BitLife: A Step-by-Step Guide

    Creating Your Character

    First things first: you’ll need to create your character! Upon launching the app, you’ll be guided through the character creation process. You can select various attributes such as gender, nationality, and even region. Want to start your life in Italy or the U.S.? The choice is yours! The diverse backgrounds contribute to the authenticity and fun of the game.

    Navigating the Life Stages

    Once you've created your character, the game progresses through various life stages—from baby to toddler, childhood, adolescence, and adulthood. As you age, you’ll receive opportunities and challenges that reflect real-life scenarios (minus the stress!).

    For instance, you may be faced with school activities, friendships, or family dynamics. Engage in various activities such as studying hard in school, making friends, or getting involved in sports. Each choice will affect your character in the future!

    Making Choices with Consequences

    BitLife’s core mechanic revolves around making choices. Will you pursue higher education or drop out of school? Should you focus on becoming a doctor, or is a life of crime more appealing? Each decision has a ripple effect on your character’s happiness, health, and wealth.

    Feel adventurous? You can also choose to engage in risky behavior. Sneak out of the house, try substances, or start a fight at school! Just remember, every action has consequences—risk management is part of the fun!

    Building Relationships

    One of the most exciting aspects of BitLife is the opportunity to build relationships. You can make friends, date, and even start a family. The game allows you to choose your path—will you be a devoted spouse or have countless affairs?

    Don’t forget about your relationships with family members! Like in real life, maintaining a healthy bond with your parents and siblings can shape your character's happiness.

    Pursuing a Career

    As you transition into adulthood, it’s time to select a career! The options are endless—from becoming an artist to a lawyer. You can also take on side hustles to earn extra cash! Don’t shy away from exploring different career routes; with the right choices, you’ll climb the career ladder in no time. But beware! If you neglect your career, you may end up struggling financially.

    Life Challenges and Events

    Life isn’t just about choices—it's also filled with unpredictable events! You might experience exciting life milestones, such as getting a promotion or having a child, along with challenges like bankruptcy or breakups. The game keeps you on your toes with random events that add a layer of realism and excitement.

    Achieving Your Goals

    Every player has their own unique goals in BitLife. Do you want to die with a net worth of a million dollars? Or maybe you dream of being an influential public figure? The beauty of BitLife lies in its versatility—set your goals and navigate through the ups and downs to achieve them.

    Conclusion: Experience Life Differently with BitLife!

    BitLife isn't just a game; it's a chance to immerse yourself in the complexities of life without the risks. With endless choices, thrilling challenges, and unpredictable events, you can live out fantasies or simply enjoy the unusual roads your character may take. Ready to dive into a life filled with possibilities? Join the millions who have embraced this thrilling journey and see where your choices lead you!

    So, what are you waiting for? Download BitLife today and start crafting the story of your life, one decision at a time. The adventure awaits, and it promises to be anything but ordinary!

    https://bitlifefree.io/
    What is BitLife? BitLife is a captivating mobile game that lets you experience the intricacies of life in a fun and interactive way. Also known as a life simulation game, BitLife allows players to make choices that shape their avatar's life, including education, career paths, relationships, and even legal issues. Every decision you make leads to unique outcomes, ensuring that no two lives are alike! How to Play BitLife: A Step-by-Step Guide Creating Your Character First things first: you’ll need to create your character! Upon launching the app, you’ll be guided through the character creation process. You can select various attributes such as gender, nationality, and even region. Want to start your life in Italy or the U.S.? The choice is yours! The diverse backgrounds contribute to the authenticity and fun of the game. Navigating the Life Stages Once you've created your character, the game progresses through various life stages—from baby to toddler, childhood, adolescence, and adulthood. As you age, you’ll receive opportunities and challenges that reflect real-life scenarios (minus the stress!). For instance, you may be faced with school activities, friendships, or family dynamics. Engage in various activities such as studying hard in school, making friends, or getting involved in sports. Each choice will affect your character in the future! Making Choices with Consequences BitLife’s core mechanic revolves around making choices. Will you pursue higher education or drop out of school? Should you focus on becoming a doctor, or is a life of crime more appealing? Each decision has a ripple effect on your character’s happiness, health, and wealth. Feel adventurous? You can also choose to engage in risky behavior. Sneak out of the house, try substances, or start a fight at school! Just remember, every action has consequences—risk management is part of the fun! Building Relationships One of the most exciting aspects of BitLife is the opportunity to build relationships. You can make friends, date, and even start a family. The game allows you to choose your path—will you be a devoted spouse or have countless affairs? Don’t forget about your relationships with family members! Like in real life, maintaining a healthy bond with your parents and siblings can shape your character's happiness. Pursuing a Career As you transition into adulthood, it’s time to select a career! The options are endless—from becoming an artist to a lawyer. You can also take on side hustles to earn extra cash! Don’t shy away from exploring different career routes; with the right choices, you’ll climb the career ladder in no time. But beware! If you neglect your career, you may end up struggling financially. Life Challenges and Events Life isn’t just about choices—it's also filled with unpredictable events! You might experience exciting life milestones, such as getting a promotion or having a child, along with challenges like bankruptcy or breakups. The game keeps you on your toes with random events that add a layer of realism and excitement. Achieving Your Goals Every player has their own unique goals in BitLife. Do you want to die with a net worth of a million dollars? Or maybe you dream of being an influential public figure? The beauty of BitLife lies in its versatility—set your goals and navigate through the ups and downs to achieve them. Conclusion: Experience Life Differently with BitLife! BitLife isn't just a game; it's a chance to immerse yourself in the complexities of life without the risks. With endless choices, thrilling challenges, and unpredictable events, you can live out fantasies or simply enjoy the unusual roads your character may take. Ready to dive into a life filled with possibilities? Join the millions who have embraced this thrilling journey and see where your choices lead you! So, what are you waiting for? Download BitLife today and start crafting the story of your life, one decision at a time. The adventure awaits, and it promises to be anything but ordinary! https://bitlifefree.io/
    BITLIFEFREE.IO
    BitLife Free - Life Simulator Game | Play Online
    Play BitLife online - the #1 life simulator where anything is possible! Create drama, get rich, or find love. Ready for your next life? Play BitLife unblocked now!
    0 Commentarii 0 Distribuiri 778 Views
  • https://thewashingtonstandard.com/biden-harris-regime-pursues-lawsuits-to-hold-oil-gas-companies-liable-for-global-warming/
    https://thewashingtonstandard.com/biden-harris-regime-pursues-lawsuits-to-hold-oil-gas-companies-liable-for-global-warming/
    THEWASHINGTONSTANDARD.COM
    Biden-Harris Regime Pursues Lawsuits to Hold Oil & Gas Companies Liable for Global Warming - The Washington Standard
    What’s next? Is the Biden-Harris regime going to hold Luke liable for destroying the Death Star? Now that we’re holding people liable for fictions, the sky’s the limit, right? The Biden-Harris White House, as vengeful as Hitler when he ordered his rapidly repeating troops to burn Paris and destroy infrastructure ...
    0 Commentarii 0 Distribuiri 168 Views
  • https://www.thegatewaypundit.com/2024/12/law-enforcement-arrests-two-men-hazardous-drone-operation-2/
    https://www.thegatewaypundit.com/2024/12/law-enforcement-arrests-two-men-hazardous-drone-operation-2/
    WWW.THEGATEWAYPUNDIT.COM
    Law Enforcement Arrests Two Men Over 'Hazardous Drone Operation' on Long Island — Third Suspect Still on the Run | The Gateway Pundit | by Jim Hᴏft
    Two men were arrested for a hazardous drone operation near Logan Airport, while a third suspect remains at large. Discover the details behind this alarming incident and ongoing investigation.
    0 Commentarii 0 Distribuiri 110 Views
Sponsorizeaza Paginile
Sponsor

We are 100% funded for October.

Thanks to everyone who helped out. 🥰

Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month

Xephula Funding Meter

Please Donate Here