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 Fourth: Riaz’s license to practice dentistry was revoked, and she filed the complaint at issue in this case.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. 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Chinese citizen arrested for flying drone, taking pictures of military base Yinpiao Zhou, 39, a Chinese citizen and U.S. resident, was charged with failure to register an aircraft, lack of transportation documentation, and violating national defense airspace. Zhou allegedly operated the drone for nearly an hour over Vandenberg Space Force Base in Santa Barbara County on Nov. 30, capturing aerial photos of the facility. Zhou was apprehended at San Francisco International Airport while attempting to board a flight to China. A federal search of his drone and cellphone uncovered images of the base and related communications. https://mxmnews.com/article/bd1cef50-0f5d-4438-809d-b33b5002ce9f

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A no-brainer for sure, the rating of 89 is that the Dutch monster is one of the top defenders in football. And his statistics on FC 25 reflect this. As imposing on the ground as anyone and his speed, strength and defensive posture ensure that every attack is ripped to pieces around him. Speed of 88 sprints and strong 92 make VVD an athletic freak with 90 interceptions. defensive awareness of 92 along with 92 standing tackle indicate VVD is an expert at reading the game and could walk into any team. Alongside Van Dijk at the back Van Dijk is joined by Joe Gomez. While boasting a lower score over Joel Matip, Gomez has an impressive pace, with an 85 sprint speed. This means that he's able to keep up with strikers who are fast and can track the deadly central runs. While he boasts average defensive statistics however, his speed alone can get him in the team ahead of Matip who is too slow to play in such a fast-paced game such as FC 25. The final player to be defended the defense is Trent Alexander-Arnold. The 18-year-old Englishman is a master of passing and his 92 cross-field with 90 long passing statistics make it possible for him to pick massive long balls and score lots of assists. Although not the fastest fullback, with only a speed of 78. Trent makes up for the slowness in his overall ability and similar to Robertson to the opposite side his versatility and speed of thought as well as the speed of his attack highlight the efficiency of his game in the forward direction. In the midfield, starting off is a player that could easily be a center-back should it be needed. With defensive statistics such as the 88 interception rate and 86 defense awareness the Brazilian can break up attacks and guard the back line without difficulties. Physically, his stamina of 88 is essential as he'll be able to do a lot of work perform defensively. However, his strong passing also allows him to shoot balls forward and create attacks, and his high work rate defensively ensures he can return whenever needed. The next player to watch will be Jordan Henderson. He is rated 84 and has not having any stats that exceed 90. Henderson is missing a bit of the glitter that's been sprinkled over the players who are more flashy. However, if hardworking, solid and tough midfielder play is what you need Look at this player. With no real weaknesses in any area and a great fit for the box-to-box position and can link attack and defense superbly, and is sturdy and reliable midfield. Alongside Henderson and rounding out the midfield trio The other midfielder is Thiago. Thiago is a Spaniard is rated 86 in FC 25 that is composed of 90dribbling and 91 agility and 90 stability, making him a formidable player on the ball. While his strength is 59. which implies that he isn't able to win the physical fight but the ball is attached to his boot when moving, which means he is able to get out of the tightest of spaces. The other benefit is the five-star skills that make playing Thiago an absolute blast for those who enjoy to slam tricks and add a touch of spice to their build-up. The left wing of the team is a player who has moved to Bayern Munich in the real world. For those who love Liverpool In FC 25 he's still at Anfield and could be the first name to appear on the team's sheet. With four-star capabilities as well as a weak foot that is four stars and 91 speed, Mane is almost unplayable in wide areas. He's also able to slash over defenders with his raw speed or take them down with footwork. If he's on the field Mane's 86-percent finishing rate means he doesn't skimp on his lines and is able to assist teammates by cutting balls back and forth across the the goal. The other wing views the Egyptian the King Mo Salah as another easy option when playing alongside Liverpool. Like Mane the speed shooting, dribbling and shooting stats are top-quality and the moment the striker gets on his deadly left foot, it's almost certain to score. Similar to center-forwards, Salah's finishing ability is comparable to most attackers, and his 91 position means you'll always be on the receiving end of through balls or crosses and is ready to strike whatever is in the box. We also have the false nine or the deep-lying forward position. While Roberto Firmino has been a central figure in the Liverpool team of recent times however, the arrival of Diogo Jota has offered an outstanding option for the top position for the Anfield team. Alongside 85 dribbling and 85 finishing Jota's speed of 87 and five-star weak foot which allows him to join the team before Firmino. He's able to slash through long balls and get around the defenders, whether scoring himself or serving as the two top players on the wing. Best EA FC 25 Coins shop is MMOexp.com.