• 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    Fourth: Riaz’s license to practice dentistry was revoked, and she filed the complaint at issue in this case.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.
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  • https://thewashingtonstandard.com/obey-god-resist-tyrants-video/
    https://thewashingtonstandard.com/obey-god-resist-tyrants-video/
    THEWASHINGTONSTANDARD.COM
    Obey God - Resist Tyrants (Video) - The Washington Standard
    In this episode, I welcome my long-time friend from New Mexico, Pastor Gordan Runyan. Gordan authored the book Resistance to Tyrants: Romans 13 and the Christian Duty to Oppose Wicked Rulers (God and Government), which, in my opinion, is one of the simplest books to give to someone to understand ...
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  • https://thewashingtonstandard.com/geneva-bible-obey-god-resist-tyrants/
    https://thewashingtonstandard.com/geneva-bible-obey-god-resist-tyrants/
    THEWASHINGTONSTANDARD.COM
    Geneva Bible: Obey God, Resist Tyrants - The Washington Standard
    Search online for the definition of tyranny and you’ll have pages of dictionary entries in an instant. Words like “oppressive,” “cruel,” and “unfair” will be littered throughout those definitions. However, another word, one that might surprise us, is also prominent there. That word is “arbitrary.” A tyrannical rule is not ...
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  • https://settingbrushfires.com/obey-god-resist-tyrants-video/
    https://settingbrushfires.com/obey-god-resist-tyrants-video/
    SETTINGBRUSHFIRES.COM
    Obey God - Resist Tyrants (Video) - Setting Brushfires
    In this episode, I welcome my long-time friend from New Mexico, Pastor Gordan Runyan. Gordan authored the book Resistance to Tyrants: Romans 13 and the Christian Duty to Oppose Wicked Rulers (God and Government), which, in my opinion, is one of the simplest books to give to someone to understand ...
    Like
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  • ...INTERNATIONAL PUBLIC NOTICE PANDEMIC WAS A NATO OPERATION, MYSTERIES OF THE UNIVERSE & THE FLUORI

    Licensing REQUIRES that doctors OBEY!
    They say "jab them to death" and doctors comply or lose their licenses!

    The medical industry is a #Freemason death squad

    good info followed by some gnostic, new age bs

    https://old.bitchute.com/video/YlXK14g4KOCY/
    ...INTERNATIONAL PUBLIC NOTICE PANDEMIC WAS A NATO OPERATION, MYSTERIES OF THE UNIVERSE & THE FLUORI Licensing REQUIRES that doctors OBEY! They say "jab them to death" and doctors comply or lose their licenses! The medical industry is a #Freemason death squad good info followed by some gnostic, new age bs https://old.bitchute.com/video/YlXK14g4KOCY/
    OLD.BITCHUTE.COM
    ...international public notice pandemic was a NATO operation, mysteries of the universe & the fluori
    If you enjoyed today's video, if you feel you got something from it, there are ways to support this channel. And I thank all those that do. https://ko-fi.com/ceylon please buy me a coffee. Bitcoin: bc1qhxsc2phc6y0fch662xxfauhlddmzhxdj3pfy94 Pirat…
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  • Insurer Properly Sanctioned for Failure to Obey Court Order

    It is Never Proper to Fail to Comply With Court Order

    Post 4937

    Read the full article at https://www.linkedin.com/pulse/insurer-properly-sanctioned-failure-obey-court-order-barry-vefvc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts.

    Insurer Privilege Underwriters took its name too far trying to obtain privileges from the Arkansas Court of Appeals to which it was not entitled and acted contumaciously by disobeying the Circuit Court’s discovery order.

    In Privilege Underwriters Reciprocal Exchange v. Brandon Adams, No. CV-23-474, 2024 Ark.App. 571, Court of Appeals of Arkansas, Division I (November 20, 2024) the circuit court granted appellee Brandon Adams’s motion to enforce court order and motion for sanctions, imposed a “sanction fee in the amount of $5,000” against appellant Privilege Underwriters Reciprocal Exchange (“Privilege”), and awarded Adams $2,500 in attorneys’ fees and costs under Arkansas Rule of Civil Procedure 37; denied Privilege’s motion for summary judgment; and denied Privilege’s motion for protective order, which sought to bar Adams from taking any depositions.

    FACTS

    In an insurance-coverage action in which Adams sued Privilege, his insurer, for failing to provide him a defense in a lawsuit filed against Adams and several other individuals and entities. Privilege answered Adams’s coverage complaint denying that it owed Adams a duty to defend the lawsuit and asserting a number of the subject policies’ exclusions as affirmative defenses to coverage.

    Adams served written discovery on Privilege. Privilege responded with objections and inadequate responses to Adams’s discovery requests. Adams moved to compel Privilege to respond and produce documents and the Court of Appeals ordered Privilege respond and to pay Adams’s attorneys’ fees and costs in the amount of $2,000.

    Privilege produced its supplemental interrogatory answers and supplemental privilege log on March 2, 2022 but did not comply with the circuit court’s discovery order.

    Contrary to the court’s order Privilege refused to amend its privilege log, provide full and complete answers to Adams’s interrogatories, or produce any witnesses for deposition, and instead, Privilege moved for summary judgment.

    Adams then filed his “Motion to Enforce Court Order and Motion for Sanctions and Incorporated Brief” on April 25, 2022.

    On December 20, 2022, the circuit court held a hearing on Adams’s motion for sanctions and Privilege’s motions for summary judgment and for protective order. The circuit court announced that it would sanction Privilege for its failure to comply with the circuit court’s February 2022 discovery order. From the bench, the circuit court made specific findings that Privilege had failed to comply with the provisions of that order requiring Privilege to amend its privilege log to provide sufficient information to allow the circuit court and Adams to evaluate Privilege’s claims of attorney-client privilege and work-product protection and to fully answer Adams’s interrogatories.

    TO ESTABLISH CONTEMPT

    Generally, in order to establish contempt, there must be willful disobedience of a valid order of a court. Contempt is a matter between the court and the litigant, and not between the two opposing litigants. Before one can be held in contempt for violating the court’s order, the order must be definite in its terms, clear as to what duties it imposes, and express in its commands. Contempt is divided into criminal contempt and civil contempt. The standard of review on appeal depends on whether the contempt sanction was civil or criminal in nature.

    The circuit court imposed a fine and fees that were to be paid to Adams. A contempt fine for willful disobedience that is payable to the complainant is remedial and therefore constitutes a fine for civil contempt.

    Privilege refused to comply with a valid discovery order from the circuit court because Privilege disputed Adams’s entitlement to the discovery underlying that order. Instead, Privilege moved for summary judgment, attempting to render moot that prior discovery order. The circuit court rightly held Privilege in contempt for its willful disobedience of the circuit court’s February 2022 discovery order and imposed a fine of $5,000. Once the February 2022 discovery order was entered, Privilege was required to comply with that order, not question the propriety of that order or when Privilege should comply with it.

    The circuit court was unequivocal in finding at the December 2022 hearing that it was sanctioning Privilege for its violation of the February 2022 discovery order. The circuit court then went on to explain that Privilege had disobeyed its February 2022 order by failing to provide contact information for the witnesses identified in response to Interrogatory No. 1 and by failing to provide a privilege log with sufficient information to allow the circuit court and Adams to evaluate the claim of attorney-client privilege and work-product protection.

    Thus, the Court of Appeals held that the circuit court did not clearly err in holding Privilege in contempt. The circuit court had ample authority to use its contempt powers to enforce its February 2022 discovery order.

    ZALMA OPINION

    This order must be more than embarrassing to Privilege and to the insurance industry. Parties to litigation are not entitled to refuse to fulfill an order of the court. Regardless of the name of the insurer it had no special privileges and must fulfill the order to the letter and pay the sanctions including the extra sanctions placed by the Court of Appeals.

    (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
    Insurer Properly Sanctioned for Failure to Obey Court Order It is Never Proper to Fail to Comply With Court Order Post 4937 Read the full article at https://www.linkedin.com/pulse/insurer-properly-sanctioned-failure-obey-court-order-barry-vefvc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. Insurer Privilege Underwriters took its name too far trying to obtain privileges from the Arkansas Court of Appeals to which it was not entitled and acted contumaciously by disobeying the Circuit Court’s discovery order. In Privilege Underwriters Reciprocal Exchange v. Brandon Adams, No. CV-23-474, 2024 Ark.App. 571, Court of Appeals of Arkansas, Division I (November 20, 2024) the circuit court granted appellee Brandon Adams’s motion to enforce court order and motion for sanctions, imposed a “sanction fee in the amount of $5,000” against appellant Privilege Underwriters Reciprocal Exchange (“Privilege”), and awarded Adams $2,500 in attorneys’ fees and costs under Arkansas Rule of Civil Procedure 37; denied Privilege’s motion for summary judgment; and denied Privilege’s motion for protective order, which sought to bar Adams from taking any depositions. FACTS In an insurance-coverage action in which Adams sued Privilege, his insurer, for failing to provide him a defense in a lawsuit filed against Adams and several other individuals and entities. Privilege answered Adams’s coverage complaint denying that it owed Adams a duty to defend the lawsuit and asserting a number of the subject policies’ exclusions as affirmative defenses to coverage. Adams served written discovery on Privilege. Privilege responded with objections and inadequate responses to Adams’s discovery requests. Adams moved to compel Privilege to respond and produce documents and the Court of Appeals ordered Privilege respond and to pay Adams’s attorneys’ fees and costs in the amount of $2,000. Privilege produced its supplemental interrogatory answers and supplemental privilege log on March 2, 2022 but did not comply with the circuit court’s discovery order. Contrary to the court’s order Privilege refused to amend its privilege log, provide full and complete answers to Adams’s interrogatories, or produce any witnesses for deposition, and instead, Privilege moved for summary judgment. Adams then filed his “Motion to Enforce Court Order and Motion for Sanctions and Incorporated Brief” on April 25, 2022. On December 20, 2022, the circuit court held a hearing on Adams’s motion for sanctions and Privilege’s motions for summary judgment and for protective order. The circuit court announced that it would sanction Privilege for its failure to comply with the circuit court’s February 2022 discovery order. From the bench, the circuit court made specific findings that Privilege had failed to comply with the provisions of that order requiring Privilege to amend its privilege log to provide sufficient information to allow the circuit court and Adams to evaluate Privilege’s claims of attorney-client privilege and work-product protection and to fully answer Adams’s interrogatories. TO ESTABLISH CONTEMPT Generally, in order to establish contempt, there must be willful disobedience of a valid order of a court. Contempt is a matter between the court and the litigant, and not between the two opposing litigants. Before one can be held in contempt for violating the court’s order, the order must be definite in its terms, clear as to what duties it imposes, and express in its commands. Contempt is divided into criminal contempt and civil contempt. The standard of review on appeal depends on whether the contempt sanction was civil or criminal in nature. The circuit court imposed a fine and fees that were to be paid to Adams. A contempt fine for willful disobedience that is payable to the complainant is remedial and therefore constitutes a fine for civil contempt. Privilege refused to comply with a valid discovery order from the circuit court because Privilege disputed Adams’s entitlement to the discovery underlying that order. Instead, Privilege moved for summary judgment, attempting to render moot that prior discovery order. The circuit court rightly held Privilege in contempt for its willful disobedience of the circuit court’s February 2022 discovery order and imposed a fine of $5,000. Once the February 2022 discovery order was entered, Privilege was required to comply with that order, not question the propriety of that order or when Privilege should comply with it. The circuit court was unequivocal in finding at the December 2022 hearing that it was sanctioning Privilege for its violation of the February 2022 discovery order. The circuit court then went on to explain that Privilege had disobeyed its February 2022 order by failing to provide contact information for the witnesses identified in response to Interrogatory No. 1 and by failing to provide a privilege log with sufficient information to allow the circuit court and Adams to evaluate the claim of attorney-client privilege and work-product protection. Thus, the Court of Appeals held that the circuit court did not clearly err in holding Privilege in contempt. The circuit court had ample authority to use its contempt powers to enforce its February 2022 discovery order. ZALMA OPINION This order must be more than embarrassing to Privilege and to the insurance industry. Parties to litigation are not entitled to refuse to fulfill an order of the court. Regardless of the name of the insurer it had no special privileges and must fulfill the order to the letter and pay the sanctions including the extra sanctions placed by the Court of Appeals. (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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  • BrotherMichaelMurphy
    @MichaelMurphy

    2h
    ·
    ·
    Guns of Gab (Uncensored)
    Bruce Jenner is a man. He should be able to use whatever restroom he chooses in the male only mental hospital he gets sent to for promoting his vile delusion and brainwashing vulnerable kids. he is not a victim, he is not a Christian, he is not conservative or MAGA, and he is not 'one of the few people who are genuinely trans'. he is a pervert and a reprobate. #freedom has nothing to do with allowing such people to tell lies to vulnerable people. he might support lower taxes for elites like himself but does he agree that men are men and that men who pretend to be women are dangerous to society? No he doesn't? he may profess to believe that 18 is the magic number when a person can 'transition' and mutilate their bodies, but has anyone ever actually transitioned? of course the yhavent. transitioning is a lie from the enemy who seeks to kill steal and destroy. Jesus Christ the son of the Great I AM called by his Father's holy name, will cast that snake and all transgender who do not repent of their delusion and obey the gospel into the eternal fires. acts 2:38 is where you should start and the whole king James Bible's counsel which is God's own Word should guide you to victory. otherwise you will join Bruce Jenner in those fires where youll never have to meet a 'Christian bigot' ever again and you can 'enjoy' you 'safe space'. Amen
    BrotherMichaelMurphy @MichaelMurphy 2h · · Guns of Gab (Uncensored) Bruce Jenner is a man. He should be able to use whatever restroom he chooses in the male only mental hospital he gets sent to for promoting his vile delusion and brainwashing vulnerable kids. he is not a victim, he is not a Christian, he is not conservative or MAGA, and he is not 'one of the few people who are genuinely trans'. he is a pervert and a reprobate. #freedom has nothing to do with allowing such people to tell lies to vulnerable people. he might support lower taxes for elites like himself but does he agree that men are men and that men who pretend to be women are dangerous to society? No he doesn't? he may profess to believe that 18 is the magic number when a person can 'transition' and mutilate their bodies, but has anyone ever actually transitioned? of course the yhavent. transitioning is a lie from the enemy who seeks to kill steal and destroy. Jesus Christ the son of the Great I AM called by his Father's holy name, will cast that snake and all transgender who do not repent of their delusion and obey the gospel into the eternal fires. acts 2:38 is where you should start and the whole king James Bible's counsel which is God's own Word should guide you to victory. otherwise you will join Bruce Jenner in those fires where youll never have to meet a 'Christian bigot' ever again and you can 'enjoy' you 'safe space'. Amen
    Like
    1
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  • Everything wrong in every country is the cause of fools that vote, PERIOD!!!
    GOD WARNED YOU NOT TO CHOOSE A KING OVER HIM. Now you read that and lie to yourselves all you want, but you will NOT HAVE A PRESIDENT SAVE YOU!!!

    YOU DAMN FOOLS!!!

    1 Samuel 8:1-22

    King James Version

    8 And it came to pass, when Samuel was old, that he made his sons judges over Israel.
    2 Now the name of his firstborn was Joel; and the name of his second, Abiah: they were judges in Beersheba.
    3 And his sons walked not in his ways, but turned aside after lucre, and took bribes, and perverted judgment.
    4 Then all the elders of Israel gathered themselves together, and came to Samuel unto Ramah,
    5 And said unto him, Behold, thou art old, and thy sons walk not in thy ways: now make us a king to judge us like all the nations.
    6 But the thing displeased Samuel, when they said, Give us a king to judge us. And Samuel prayed unto the Lord.
    7 And the Lord said unto Samuel, Hearken unto the voice of the people in all that they say unto thee: for they have not rejected thee, but they have rejected me, that I should not reign over them.
    8 According to all the works which they have done since the day that I brought them up out of Egypt even unto this day, wherewith they have forsaken me, and served other gods, so do they also unto thee.
    9 Now therefore hearken unto their voice: howbeit yet protest solemnly unto them, and shew them the manner of the king that shall reign over them.
    10 And Samuel told all the words of the Lord unto the people that asked of him a king.
    11 And he said, This will be the manner of the king that shall reign over you: He will take your sons, and appoint them for himself, for his chariots, and to be his horsemen; and some shall run before his chariots.
    12 And he will appoint him captains over thousands, and captains over fifties; and will set them to ear his ground, and to reap his harvest, and to make his instruments of war, and instruments of his chariots.
    13 And he will take your daughters to be confectioneries, and to be cooks, and to be bakers.
    14 And he will take your fields, and your vineyards, and your olive yards, even the best of them, and give them to his servants.
    15 And he will take the tenth of your seed, and of your vineyards, and give to his officers, and to his servants.
    16 And he will take your menservants, and your maidservants, and your goodliest young men, and your asses, and put them to his work.
    17 He will take the tenth of your sheep: and ye shall be his servants.
    18 And ye shall cry out in that day because of your king which ye shall have chosen you; and the Lord will not hear you in that day.
    19 Nevertheless the people refused to obey the voice of Samuel; and they said, Nay; but we will have a king over us;
    20 That we also may be like all the nations; and that our king may judge us, and go out before us, and fight our battles.
    21 And Samuel heard all the words of the people, and he rehearsed them in the ears of the Lord.
    22 And the Lord said to Samuel, Hearken unto their voice, and make them a king. And Samuel said unto the men of Israel, Go ye every man unto his city.

    https://gab.com/krazykyle/posts/113531074063608439
    Everything wrong in every country is the cause of fools that vote, PERIOD!!! GOD WARNED YOU NOT TO CHOOSE A KING OVER HIM. Now you read that and lie to yourselves all you want, but you will NOT HAVE A PRESIDENT SAVE YOU!!! YOU DAMN FOOLS!!! 1 Samuel 8:1-22 King James Version 8 And it came to pass, when Samuel was old, that he made his sons judges over Israel. 2 Now the name of his firstborn was Joel; and the name of his second, Abiah: they were judges in Beersheba. 3 And his sons walked not in his ways, but turned aside after lucre, and took bribes, and perverted judgment. 4 Then all the elders of Israel gathered themselves together, and came to Samuel unto Ramah, 5 And said unto him, Behold, thou art old, and thy sons walk not in thy ways: now make us a king to judge us like all the nations. 6 But the thing displeased Samuel, when they said, Give us a king to judge us. And Samuel prayed unto the Lord. 7 And the Lord said unto Samuel, Hearken unto the voice of the people in all that they say unto thee: for they have not rejected thee, but they have rejected me, that I should not reign over them. 8 According to all the works which they have done since the day that I brought them up out of Egypt even unto this day, wherewith they have forsaken me, and served other gods, so do they also unto thee. 9 Now therefore hearken unto their voice: howbeit yet protest solemnly unto them, and shew them the manner of the king that shall reign over them. 10 And Samuel told all the words of the Lord unto the people that asked of him a king. 11 And he said, This will be the manner of the king that shall reign over you: He will take your sons, and appoint them for himself, for his chariots, and to be his horsemen; and some shall run before his chariots. 12 And he will appoint him captains over thousands, and captains over fifties; and will set them to ear his ground, and to reap his harvest, and to make his instruments of war, and instruments of his chariots. 13 And he will take your daughters to be confectioneries, and to be cooks, and to be bakers. 14 And he will take your fields, and your vineyards, and your olive yards, even the best of them, and give them to his servants. 15 And he will take the tenth of your seed, and of your vineyards, and give to his officers, and to his servants. 16 And he will take your menservants, and your maidservants, and your goodliest young men, and your asses, and put them to his work. 17 He will take the tenth of your sheep: and ye shall be his servants. 18 And ye shall cry out in that day because of your king which ye shall have chosen you; and the Lord will not hear you in that day. 19 Nevertheless the people refused to obey the voice of Samuel; and they said, Nay; but we will have a king over us; 20 That we also may be like all the nations; and that our king may judge us, and go out before us, and fight our battles. 21 And Samuel heard all the words of the people, and he rehearsed them in the ears of the Lord. 22 And the Lord said to Samuel, Hearken unto their voice, and make them a king. And Samuel said unto the men of Israel, Go ye every man unto his city. https://gab.com/krazykyle/posts/113531074063608439
    GAB.COM
    krazykyle on Gab: 'Everything wrong in every country is the cause of…'
    krazykyle on Gab: 'Everything wrong in every country is the cause of fools that vote, PERIOD!!! GOD WARNED YOU NOT TO CHOOSE A KING OVER HIM. Now you read that and lie to yourselves all you want, but you will NOT HAVE A PRESIDENT SAVE YOU!!! YOU DAMN FOOLS!!! 1 Samuel 8:1-22 King James Version 8 And it came to pass, when Samuel was old, that he made his sons judges over Israel. 2 Now the name of his firstborn was Joel; and the name of his second, Abiah: they were judges in Beersheba. 3 And his sons walked not in his ways, but turned aside after lucre, and took bribes, and perverted judgment. 4 Then all the elders of Israel gathered themselves together, and came to Samuel unto Ramah, 5 And said unto him, Behold, thou art old, and thy sons walk not in thy ways: now make us a king to judge us like all the nations. 6 But the thing displeased Samuel, when they said, Give us a king to judge us. And Samuel prayed unto the Lord. 7 And the Lord said unto Samuel, Hearken unto the voice of the people in all that they say unto thee: for they have not rejected thee, but they have rejected me, that I should not reign over them. 8 According to all the works which they have done since the day that I brought them up out of Egypt even unto this day, wherewith they have forsaken me, and served other gods, so do they also unto thee. 9 Now therefore hearken unto their voice: howbeit yet protest solemnly unto them, and shew them the manner of the king that shall reign over them. 10 And Samuel told all the words of the Lord unto the people that asked of him a king. 11 And he said, This will be the manner of the king that shall reign over you: He will take your sons, and appoint them for himself, for his chariots, and to be his horsemen; and some shall run before his chariots. 12 And he will appoint him captains over thousands, and captains over fifties; and will set them to ear his ground, and to reap his harvest, and to make his instruments of war, and instruments of his chariots. 13 And he will take your daughters to be confectioneries, and to be cooks, and to be bakers. 14 And he will take your fields, and your vineyards, and your olive yards, even the best of them, and give them to his servants. 15 And he will take the tenth of your seed, and of your vineyards, and give to his officers, and to his servants. 16 And he will take your menservants, and your maidservants, and your goodliest young men, and your asses, and put them to his work. 17 He will take the tenth of your sheep: and ye shall be his servants. 18 And ye shall cry out in that day because of your king which ye shall have chosen you; and the Lord will not hear you in that day. 19 Nevertheless the people refused to obey the voice of Samuel; and they said, Nay; but we will have a king over us; 20 That we also may be like all the nations; and that our king may judge us, and go out before us, and fight our battles. 21 And Samuel heard all the words of the people, and he rehearsed them in the ears of the Lord. 22 And the Lord said to Samuel, Hearken unto their voice, and make them a king. And Samuel said unto the men of Israel, Go ye every man unto his city.'
    0 Комментарии 0 Поделились 1Кб Просмотры
  • https://medforth.biz/germany-salafist-preacher-released-from-custody-pending-deportation-among-other-things-he-wanted-to-kill-his-daughter-aged-5-because-she-did-not-obey-him-and-he-rejected-her-because-of-her-gend/
    https://medforth.biz/germany-salafist-preacher-released-from-custody-pending-deportation-among-other-things-he-wanted-to-kill-his-daughter-aged-5-because-she-did-not-obey-him-and-he-rejected-her-because-of-her-gend/
    0 Комментарии 0 Поделились 383 Просмотры
  • https://newstarget.com/2024-10-03-government-threatens-citizens-arrest-rescuing-hurricane-helene-survivors.html Government officials threaten citizens with arrest for rescuing people in western North Carolina with their own private helicopters Many of the roads in western North Carolina and upstate South Carolina are so wrecked from Hurricane Helene that rescue crews are still unable to access the people who are trapped there, at least with wheels. However, the authorities do not want private citizens trying to rescue trapped folks with their own private helicopters, which begs the question why?

    A guy named Jordan Seidhom shared the story on social media of what he encountered while trying to rescue people with his private helicopter. Authorities told him to suspend all operations and let anyone else he knows with their own private helicopters to do the same, threatening arrest if they disobey the orders.
    https://newstarget.com/2024-10-03-government-threatens-citizens-arrest-rescuing-hurricane-helene-survivors.html Government officials threaten citizens with arrest for rescuing people in western North Carolina with their own private helicopters Many of the roads in western North Carolina and upstate South Carolina are so wrecked from Hurricane Helene that rescue crews are still unable to access the people who are trapped there, at least with wheels. However, the authorities do not want private citizens trying to rescue trapped folks with their own private helicopters, which begs the question why? A guy named Jordan Seidhom shared the story on social media of what he encountered while trying to rescue people with his private helicopter. Authorities told him to suspend all operations and let anyone else he knows with their own private helicopters to do the same, threatening arrest if they disobey the orders.
    NEWSTARGET.COM
    Government officials threaten citizens with arrest for rescuing people in western North Carolina with their own private helicopters
    Many of the roads in western North Carolina and upstate South Carolina are so wrecked from Hurricane Helene that rescue crews are still unable to access the people who are trapped there, at least with wheels. However, the authorities do not want private citizens trying to rescue trapped folks with their own private helicopters, which […]
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