• https://medforth.org/sie-ist-beim-trampolinspringen-zu-oft-an-die-decke-gestosen-deutscher-rentner-wegen-satirischer-auserungen-uber-ausenministerin-annalena-baerbock-zu-800-euro-geldstrafe-verurteilt/
    https://medforth.org/sie-ist-beim-trampolinspringen-zu-oft-an-die-decke-gestosen-deutscher-rentner-wegen-satirischer-auserungen-uber-ausenministerin-annalena-baerbock-zu-800-euro-geldstrafe-verurteilt/
    0 Комментарии 0 Поделились 35 Просмотры
  • Russian General Who Told The World About The Ukrainian / US Backed Bio-Weapons Labs Assassinated In Russia.
    https://rumble.com/v60ov68-russian-general-who-told-the-world-about-the-ukrainian-us-backed-bio-weapon.html
    Russian General Who Told The World About The Ukrainian / US Backed Bio-Weapons Labs Assassinated In Russia. https://rumble.com/v60ov68-russian-general-who-told-the-world-about-the-ukrainian-us-backed-bio-weapon.html
    Angry
    1
    0 Комментарии 0 Поделились 43 Просмотры
  • It's Thursday, December 19, 2024 and this is day 3349 of the worst government in Canadian history. Justin Trudeau (AKA: Justine Turdeau, and known to be the BASTARD son of Fidel Castro) is the most corrupt, non-indicted criminal to hold the office of Prime Minister of Canada.

    #ArrestJustinTrudeau #IllegalUseOfEmergenciesAct #TrudeauWEscandal #JustinTrudeauEthicsScandal #TrudeauCashForAccessScandal #CrimeMinisterJustinTrudeau #TrudeauMustGo #PPEnvy #TrudeauBlackFaceHitler #ExperimentalVaccinesAreDeadly #SNCLavalinAffair #TrudeauSDTCdocumentscandal

    It's Thursday, December 19, 2024 and this is day 3349 of the worst government in Canadian history. Justin Trudeau (AKA: Justine Turdeau, and known to be the BASTARD son of Fidel Castro) is the most corrupt, non-indicted criminal to hold the office of Prime Minister of Canada. #ArrestJustinTrudeau #IllegalUseOfEmergenciesAct #TrudeauWEscandal #JustinTrudeauEthicsScandal #TrudeauCashForAccessScandal #CrimeMinisterJustinTrudeau #TrudeauMustGo #PPEnvy #TrudeauBlackFaceHitler #ExperimentalVaccinesAreDeadly #SNCLavalinAffair #TrudeauSDTCdocumentscandal
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  • 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.
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  • The Most Painful Thing I've EVER Watched - Globe Propaganda
    "Cringe" don't do it justice!

    Jeran gave FE a "Public Defender" type of presentation!
    Made an argument for the STATE, not FE
    In my humble opinion

    He acted defeated, when they proved NOTHING!
    I'm disappointed in his non-defense of FE!

    https://rumble.com/v60soc5-the-most-painful-thing-ive-ever-watched-globe-propaganda.html
    The Most Painful Thing I've EVER Watched - Globe Propaganda "Cringe" don't do it justice! Jeran gave FE a "Public Defender" type of presentation! Made an argument for the STATE, not FE In my humble opinion He acted defeated, when they proved NOTHING! I'm disappointed in his non-defense of FE! https://rumble.com/v60soc5-the-most-painful-thing-ive-ever-watched-globe-propaganda.html
    0 Комментарии 0 Поделились 84 Просмотры
  • https://www.toddstarnes.com/faith/virginia-realtor-found-guilty-of-hate-speech-for-sharing-bible-verse/?utm_source=Email&utm_medium=todd-starnes-newsletter&utm_campaign=breaking&utm_content=firefly
    https://www.toddstarnes.com/faith/virginia-realtor-found-guilty-of-hate-speech-for-sharing-bible-verse/?utm_source=Email&utm_medium=todd-starnes-newsletter&utm_campaign=breaking&utm_content=firefly
    WWW.TODDSTARNES.COM
    Virginia Realtor Found Guilty of Hate Speech for Sharing Bible Verse
    The Virginia Association of Realtors has ruled that a realtor and pastor violated its rules by posting Bible verses and […]
    0 Комментарии 0 Поделились 141 Просмотры
  • Kirillov's work had been instrumental in revealing the true nature of Ukraine's biological weapons manufacturing capabilities. His briefings, which included allegations of chemical weapons usage by Ukrainian forces, had become a thorn in the side of the Ukrainian Nazi Regime and its Western Neocon Warmongering Allies. His recent accusations against Ukraine's plans for a false-flag chemical weapons attack, backed by NATO’s supply of chemical protective equipment, had raised red flags for other nations.
    https://www.newstarget.com/2024-12-18-assassination-russian-general-kirillov-reveals-coverup-biological-weapons-bio-labs-ukraine.html
    Kirillov's work had been instrumental in revealing the true nature of Ukraine's biological weapons manufacturing capabilities. His briefings, which included allegations of chemical weapons usage by Ukrainian forces, had become a thorn in the side of the Ukrainian Nazi Regime and its Western Neocon Warmongering Allies. His recent accusations against Ukraine's plans for a false-flag chemical weapons attack, backed by NATO’s supply of chemical protective equipment, had raised red flags for other nations. https://www.newstarget.com/2024-12-18-assassination-russian-general-kirillov-reveals-coverup-biological-weapons-bio-labs-ukraine.html
    WWW.NEWSTARGET.COM
    Ukraine’s brutal assassination of Russian General Kirillov reveals the depths of coverup for biological weapons and bio labs in Ukraine
    In the ever-darkening theater of international conflict, we stand witness to the brutal reality of an undeclared World War Three. The recent assassination of Russian Lieutenant General Igor Kirillov in Moscow is not merely an act of political violence; it’s a stark reminder that Ukraine is more than just some victim of Russian aggression. They […]
    0 Комментарии 0 Поделились 207 Просмотры
  • 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 Комментарии 0 Поделились 250 Просмотры
  • It's Wednesday, December 18, 2024 and this is day 3348 of the worst government in Canadian history. Justin Trudeau (AKA: Justine Turdeau, and known to be the BASTARD son of Fidel Castro) is the most corrupt, non-indicted criminal to hold the office of Prime Minister of Canada.

    #ArrestJustinTrudeau #IllegalUseOfEmergenciesAct #TrudeauWEscandal #JustinTrudeauEthicsScandal #TrudeauCashForAccessScandal #CrimeMinisterJustinTrudeau #TrudeauMustGo #PPEnvy #TrudeauBlackFaceHitler #ExperimentalVaccinesAreDeadly #SNCLavalinAffair #TrudeauSDTCdocumentscandal

    It's Wednesday, December 18, 2024 and this is day 3348 of the worst government in Canadian history. Justin Trudeau (AKA: Justine Turdeau, and known to be the BASTARD son of Fidel Castro) is the most corrupt, non-indicted criminal to hold the office of Prime Minister of Canada. #ArrestJustinTrudeau #IllegalUseOfEmergenciesAct #TrudeauWEscandal #JustinTrudeauEthicsScandal #TrudeauCashForAccessScandal #CrimeMinisterJustinTrudeau #TrudeauMustGo #PPEnvy #TrudeauBlackFaceHitler #ExperimentalVaccinesAreDeadly #SNCLavalinAffair #TrudeauSDTCdocumentscandal
    0 Комментарии 0 Поделились 396 Просмотры

  • 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
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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 Post 4950 Posted on December 18, 2024 by Barry Zalma See the full video at https://rumble.com/v607fvb-inadequate-litigants-cases-dismissed.
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