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https://www.christianpost.com/news/wooden-cross-survives-california-wildfire-unscathed.htmlWWW.CHRISTIANPOST.COMWooden cross survives California wildfire unscathed, becomes symbol of hope for Christian universityA white cross perched on a hilltop overlooking a private Christian university withstood the flames of a raging wildfire that destroyed thousands of acres around Malibu, with the school s students and0 Comments 0 Shares 67 Views
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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Fourth: Riaz’s license to practice dentistry was revoked, and she filed the complaint at issue in this case.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/gwEYkLNKD.INInadequate Litigant’s Cases DismissedPlaintiff, 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 Comments 0 Shares 580 Views -
CALIFORNIA REGULATORS APPROVE TURNING WASTEWATER INTO DRINKING WATER
Toilet to tap!
https://old.bitchute.com/video/nE4O6otRiTAJ/CALIFORNIA REGULATORS APPROVE TURNING WASTEWATER INTO DRINKING WATER Toilet to tap! https://old.bitchute.com/video/nE4O6otRiTAJ/OLD.BITCHUTE.COMCalifornia Regulators Approve Turning Wastewater into Drinking WaterTHNX FOR WATCHING ~LIKE~SHARE~SUBSCRIBE~ ***LINKS*** https://d.tube/#!/c/joeysievert https://www.bitchute.com/channel/t0RAZBM0rVGQ/ http://www.freedomtube.social/cmpgm-killuminati1342021# https://truutube.com/channel/3649704358/KILLUMINATI1342 htt…0 Comments 0 Shares 113 Views -
VIDEO - AMERICA'S FUTURE ALWAYS STARTED IN CALIFORNIA (CLICK ON THE LINK, NOT ON THE PHOTO)-----> https://wimkin.com/video/play/447853VIDEO - AMERICA'S FUTURE ALWAYS STARTED IN CALIFORNIA (CLICK ON THE LINK, NOT ON THE PHOTO)-----> https://wimkin.com/video/play/4478530 Comments 1 Shares 81 Views
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Translation: in his latest attempt to create an impression of economic growth, Biden lied about everything, again.
By state, the regional Fed bank estimates that largest revision of employment for the nine-month period ended in June will come from California, where it sees a downward revision of 172,700 jobs. Payrolls in Texas may be revised down by 112,100. An extended forecast by the BLS to the third quarter show further declines as well.
And while we don't yet know the specifics of the revisions - those will be revealed on Feb 7, 2025 when the final numbers are published - at the national level, we do know that all the jobs reportedly "created" in the second quarter, were actually fake, there were no net jobs created at all, and in fact, the US lost jobs in Q2!Translation: in his latest attempt to create an impression of economic growth, Biden lied about everything, again. By state, the regional Fed bank estimates that largest revision of employment for the nine-month period ended in June will come from California, where it sees a downward revision of 172,700 jobs. Payrolls in Texas may be revised down by 112,100. An extended forecast by the BLS to the third quarter show further declines as well. And while we don't yet know the specifics of the revisions - those will be revealed on Feb 7, 2025 when the final numbers are published - at the national level, we do know that all the jobs reportedly "created" in the second quarter, were actually fake, there were no net jobs created at all, and in fact, the US lost jobs in Q2!0 Comments 0 Shares 199 Views -
Twitter thread … “Do you know how much your State sends to Israel annually? In 2023 the US signed a MOU w/Israel to guarantee $3.8 Billion in Federal aid per year til 2028, but how much does each of the 50 States pay Israel every year??
Alabama: $54.8M, Alaska: $972 K, Arizona $355 M, Arkansas $53.7 M, California: $1.68 B, Colorado: $54.4 M, Connecticut: $232 M, Delaware: $15.2 M
Florida: $461.5 M, Georgia: $389.2 M, Hawaii: $11,950, Idaho: $11 M, Illinois: $216.4 M, Indiana: $171.4 M, Iowa: $42 M, Kansas: 23.1 M
Kentucky: $103.1 M, Louisiana: $102.6, Maine: $8.5 M, Maryland: $52.9 M, Massachusetts: $197.3 M Michigan: $242 M, Minnesota: $119.5 M, Mississippi $47 M
Missouri: $240.3 M, Montana: $7.4 M, Nebraska: $59 M, Nevada: $56.2 M, New Hampshire: $108 M, New Jersey: $403 M, New Mexico: $13.8 M, New York: $4.8 B
North Carolina: $158 M, North Dakota: $6.9 M, Ohio: $241.9 M, Oklahoma $83.8 M, Oregon: $947.1 M, Pennsylvania: $263.6 M, Rhode Island: $13.5 M, South Carolina: $126 M
South Dakota: $7.5 M, Tennessee: $81 M, Texas: $845 M, Utah: $56.8 M, Vermont: $17.5 M, Virginia: $76 M, Washington: $228 M, West Virginia: $126 M, Wisconsin: $115.3 M, Wyoming: $716 K
Federally the US gives $3.8 Billion annually to Israel. The States' give a whopping $13.6 Billion annually sent to Israel. This means the grand total of funds coming from the US [Fed+States] is $17,400,000,000.00 [$17.4B]”
More photos in comments
https://x.com/dezzie_rezzie/status/182852273295212…
_______________
RECEIPTS/SOURCES/LINKS
U.S.-Israel Relations: States-to-State Cooperation
HTTPS:/http://WWW.JEWISHVIRTUALLIBRARY.ORG/U-S-ISRAEL-COO…
U.S. Aid to Israel in Four Charts
https://www.cfr.org/article/us-aid-israel-four-cha…
What Every American Should Know About U.S. Aid to Israel
http://http://http://http://http://HTTPS://WWW.AJC…
R.I. opposes discrimination against Israel
https://www.providencejournal.com/story/opinion/20…
Twitter thread … “Do you know how much your State sends to Israel annually? In 2023 the US signed a MOU w/Israel to guarantee $3.8 Billion in Federal aid per year til 2028, but how much does each of the 50 States pay Israel every year?? Alabama: $54.8M, Alaska: $972 K, Arizona $355 M, Arkansas $53.7 M, California: $1.68 B, Colorado: $54.4 M, Connecticut: $232 M, Delaware: $15.2 M Florida: $461.5 M, Georgia: $389.2 M, Hawaii: $11,950, Idaho: $11 M, Illinois: $216.4 M, Indiana: $171.4 M, Iowa: $42 M, Kansas: 23.1 M Kentucky: $103.1 M, Louisiana: $102.6, Maine: $8.5 M, Maryland: $52.9 M, Massachusetts: $197.3 M Michigan: $242 M, Minnesota: $119.5 M, Mississippi $47 M Missouri: $240.3 M, Montana: $7.4 M, Nebraska: $59 M, Nevada: $56.2 M, New Hampshire: $108 M, New Jersey: $403 M, New Mexico: $13.8 M, New York: $4.8 B North Carolina: $158 M, North Dakota: $6.9 M, Ohio: $241.9 M, Oklahoma $83.8 M, Oregon: $947.1 M, Pennsylvania: $263.6 M, Rhode Island: $13.5 M, South Carolina: $126 M South Dakota: $7.5 M, Tennessee: $81 M, Texas: $845 M, Utah: $56.8 M, Vermont: $17.5 M, Virginia: $76 M, Washington: $228 M, West Virginia: $126 M, Wisconsin: $115.3 M, Wyoming: $716 K Federally the US gives $3.8 Billion annually to Israel. The States' give a whopping $13.6 Billion annually sent to Israel. This means the grand total of funds coming from the US [Fed+States] is $17,400,000,000.00 [$17.4B]” More photos in comments https://x.com/dezzie_rezzie/status/182852273295212… _______________ RECEIPTS/SOURCES/LINKS U.S.-Israel Relations: States-to-State Cooperation HTTPS:/http://WWW.JEWISHVIRTUALLIBRARY.ORG/U-S-ISRAEL-COO… U.S. Aid to Israel in Four Charts https://www.cfr.org/article/us-aid-israel-four-cha… What Every American Should Know About U.S. Aid to Israel http://http://http://http://http://HTTPS://WWW.AJC… R.I. opposes discrimination against Israel https://www.providencejournal.com/story/opinion/20…0 Comments 0 Shares 510 Views -
OpenAI programmer and whistleblower found dead in a San Francisco apartment, (California), after Information he held was expected to play a key part in lawsuits against the San Francisco-based company. ChatGPT, after years of great aspirations, is now a generative artificial intelligence program that has become a moneymaking sensation used by hundreds of millions of people across the world including reporters, journalists, and also big editorials.OpenAI programmer and whistleblower found dead in a San Francisco apartment, (California), after Information he held was expected to play a key part in lawsuits against the San Francisco-based company. ChatGPT, after years of great aspirations, is now a generative artificial intelligence program that has become a moneymaking sensation used by hundreds of millions of people across the world including reporters, journalists, and also big editorials.0 Comments 0 Shares 225 Views
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VIDEO - STUDENT EXPELLED FROM THE UNIVERSITY OF CALIFORNIA BECAUSE SHE VOTED FOR TRUMP (CLICK ON THE LINK, NOT ON THE PHOTO)-----> https://wimkin.com/video/play/446874VIDEO - STUDENT EXPELLED FROM THE UNIVERSITY OF CALIFORNIA BECAUSE SHE VOTED FOR TRUMP (CLICK ON THE LINK, NOT ON THE PHOTO)-----> https://wimkin.com/video/play/4468740 Comments 2 Shares 99 Views
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https://babylonbee.com/news/by-2035-all-california-vehicles-to-be-replaced-by-little-tikes-cozy-coupes?utm_source=The%20Babylon%20Bee%20Newsletter&utm_medium=emailBABYLONBEE.COMBy 2035, All California Vehicles To Be Replaced By Little Tikes Cozy CoupesSACRAMENTO, CA ??? California Governor Gavin Newsom has adopted a plan set forth by the California Air Resources Board to phase out all gas-powered and EV automobiles and replace them with Little Tikes Cozy Coupes no later than 2035.0 Comments 0 Shares 198 Views
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