• Inadequate Litigant’s Cases Dismissed

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

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

    Post 4950

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

    FACTS

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

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

    BACKGROUND

    The facts underlying this case involve four discrete events.

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

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

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

    Fourth: Riaz’s license to practice dentistry was revoked, and she filed the complaint at issue in this case.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

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

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

    Visiting Doctor for Eye Injury

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

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

    Report to Dental Board

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

    Instant Complaint and Judgment

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

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

    DISCUSSION

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

    Did it err in sustaining the demurrers?

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

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

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

    ANALYSIS

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

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

    DEMURRERS

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

    Additional Background

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

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

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

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

    ZALMA OPINION

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

    (c) 2024 Barry Zalma & ClaimSchool, Inc.

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

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

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

    Go to the Insurance Claims Library – https://lnkd.in/gwEYk
    Inadequate Litigant’s Cases Dismissed Plaintiff, by her Litigation Appears to Establish the Report for a Mental Health Evaluation Was Appropriate Read the full article at https://lnkd.in/gECRyZ-f, see the full video at https://lnkd.in/gs_4Bby9 and at https://lnkd.in/g67dDK8q, and https://zalma.com/blog plus more than 4950 posts. Post 4950 In Samreen Riaz v. State Of California, et al., F087504, California Court of Appeals, Fifth District (December 2, 2024) the California Court of Appeals found itself asked to resolve suits against an individual and the state of California from an inadequate but excessively litigious plaintiff. FACTS Samreen Riaz was a licensed dentist – she lost her license to practice because of the facts underlying this case. According to her, there is an elaborate conspiracy to harass, stalk, threaten, and ultimately prevent her from testifying in a separate “whistleblower” case involving “OSHA and HIPPA Violations” at a medical facility. Riaz sued raising numerous claims against numerous individuals and government entities. The opposing parties challenged the complaint’s viability through demurrer and anti-SLAPP proceedings. The trial court sustained the demurrers and granted the anti-SLAPP motion, leaving Riaz with no viable claim. Riaz appealed. BACKGROUND The facts underlying this case involve four discrete events. First: Riaz sued a medical facility and suffered an alleged eye injury while attempting to testify in that case. Second: She sought treatment for that eye injury but was refused service and then sued that doctor in small claims court. Third: That doctor reported Riaz to the Dental Board of California which, in turn, initiated mental health competence proceedings against Riaz. Fourth: Riaz’s license to practice dentistry was revoked, and she filed the complaint at issue in this case. Initial Lawsuit Against Medical Facility Acting as a “whistleblower,” Riaz “disclosed … OSHA, Hippa, recruited patient, potential insurance fraud and anti-competent activities in the market” at a medical facility. After filing a lawsuit on that basis, Riaz claimed she suffered “organized harassment,” culminating in “permanent eye damage” after a sheriff-department employee pointed a finger in her face while attempting to enter the courthouse in her “whistleblower” case. Visiting Doctor for Eye Injury Riaz visited Dr. Cantrell to treat an eye injury. She claimed Cantrell became combative, refused to answer Riaz’s questions, and declined to treat Riaz. The next day, Riaz filed a complaint with the Medical Board of California. Several days later, she filed a small claims case against Cantrell, essentially alleging discrimination, negligence, and retaliation. A small claims judgment was eventually entered in Cantrell’s favor. Report to Dental Board Cantrell reported Riaz to the Dental Board. The Dental Board issued an order to Riaz to comply with a mental health examination “to evaluate her fitness to practice safely ….” (See Bus. &Prof. Code, § 820.) Riaz failed to comply with the order. Since Riaz continued to disobey the order, her license to practice dentistry was ultimately revoked. Instant Complaint and Judgment Riaz sued Cantrell, various government entities, and several individuals working for those entities (collectively, the State). The complaint alleged an elaborate conspiracy among all the defendants to injure Riaz, to intimidate her to prevent her from testifying, and to retaliate against her for the “whistleblower” case. The trial court sustained the demurrers and granted the anti-SLAPP motion resulting in total dismissal. DISCUSSION Did the trial court err in granting the anti-SLAPP motion? Did it err in sustaining the demurrers? The California Court of Appeals concluded the trial court did not err. Anti-SLAPP Motion In the anti-SLAPP motion, Cantrell argued his furnishing information to the Dental Board was protected activity and defeated claims “for discrimination, fraud, defamation, retaliation[,] and intentional infliction of emotional distress[.]” In opposition to the anti-SLAPP motion, Riaz claimed again Cantrell “made inaccurate, knowingly misleading statements to the [D]ental [B]oard to defame and harm [Riaz] based on disclosing patient information.” The trial court concluded furnishing those documents to the board constituted protected activity. ANALYSIS Litigation of an anti-SLAPP motion involves a two-step process. First, the moving defendant bears the burden of establishing that the challenged allegations or claims that arise from protected activity in which the defendant has engaged. Second, for each claim that does arise from protected activity, the plaintiff must show the claim has at least minimal merit. If the plaintiff cannot make this showing, the court will, and did, strike the claim. If there is no merit, the claim is stricken. The Court of Appeals noted that Riaz failed to adduce any evidence-including exhibits, declarations, judicial notice, and testimony-to substantiate her allegation Cantrell reported her to the Dental Board for retribution. She failed to adduce admissible evidence on the point. DEMURRERS Both Cantrell and the State filed demurrers to Riaz’s complaint.. Additional Background A small claims plaintiff is collaterally estopped from relitigating the same issue in superior court where the record is sufficiently clear to determine that the issue was litigated and decided against plaintiff in the small claims action. Governmental immunity is an affirmative defense properly raised by demurrer. Government Code section 821.6 immunizes public employees from liability for ‘instituting or prosecuting any judicial or administrative proceeding’ within the scope of their employment, even if the employees act ‘maliciously and without probable cause. Riaz alleged her claims arose in July 2022. Her written government claim was submitted in April 2023, more than six months later. Accordingly, the claims were barred, at least insofar as they stemmed from the section 820 order. CONCLUSION AND SUMMARY Riaz failed to allege colorable claims against either Cantrell or the State. The potential claims against Cantrell were either tried and resolved against her in small claims court or dismissed pursuant to the anti-SLAPP statute. The potential claims against the State were either barred for failure to timely present them under the Government Claims Act, or the State was immune under Government Code sections 821.6, 818.4, and 821.2. ZALMA OPINION It is axiomatic that a person who represents himself has a fool for a client. The litigation history, the multiple actions, and the lack of consistency and evidence, establish that Dr. Cantrell was correct when he advised the Dental Board that a mental health examination to evaluate her fitness to practice safely…” was correct. She refused to fulfill her obligation to the Dental Board to be evaluated because she was concerned she would not pass. This case is an abuse of Doctor Cantrell and the state and should have resulted in serious sanctions. (c) 2024 Barry Zalma & ClaimSchool, Inc. Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos. Subscribe to my substack at https://barryzalma.substack.com/subscribe Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg Go to the Insurance Claims Library – https://lnkd.in/gwEYk
    LNKD.IN
    Inadequate Litigant’s Cases Dismissed
    Plaintiff, by her Litigation Appears to Establish the Report for a Mental Health Evaluation Was Appropriate Post 4950 Posted on December 18, 2024 by Barry Zalma See the full video at https://rumble.com/v607fvb-inadequate-litigants-cases-dismissed.
    0 Comments 0 Shares 1K Views
  • The Ship that Became America's Most Brutal Payback Weapon
    Sunlight painted a serene picture across the Pacific’s waters as sailors exchanged stories and laughs over morning cigarettes. The tranquil scene was disrupted by a distant, growing hum — the unmistakable drone of approaching aircraft.

    Pearl Harbor’s sailors could not have imagined the horror they were about to experience when their calm morning was abruptly torn apart. Metallic shrieks and the roar of exploding bombs thundered all around them.
    The imposing USS West Virginia quickly found herself in the crosshairs, assailed by a barrage of bombs and torpedoes that ripped through her sturdy decks.

    Ash-covered sailors fought bravely against the flames’ relentless advance. Water roared in through torn steel while desperate hands tried stemming the flood, their fingers raw and bloodied.

    The pungent tang of burning salt water, oil, and seared flesh created a dreadful experience that would haunt the battleship’s survivors for the rest of their lives. Gunners fired skyward at the swarm of Japanese warplanes even as the West Virginia groaned and shuddered.

    But, in the end, even her valiant resistance wasn’t enough. The once-proud West Virginia succumbed, settling mournfully into the harbor’s shallow embrace. But like the American spirit, the colossal warship would rise again. Before the war was over, it would bring vengeance to those who had sunk her…
    The Ship that Became America's Most Brutal Payback Weapon Sunlight painted a serene picture across the Pacific’s waters as sailors exchanged stories and laughs over morning cigarettes. The tranquil scene was disrupted by a distant, growing hum — the unmistakable drone of approaching aircraft. Pearl Harbor’s sailors could not have imagined the horror they were about to experience when their calm morning was abruptly torn apart. Metallic shrieks and the roar of exploding bombs thundered all around them. The imposing USS West Virginia quickly found herself in the crosshairs, assailed by a barrage of bombs and torpedoes that ripped through her sturdy decks. Ash-covered sailors fought bravely against the flames’ relentless advance. Water roared in through torn steel while desperate hands tried stemming the flood, their fingers raw and bloodied. The pungent tang of burning salt water, oil, and seared flesh created a dreadful experience that would haunt the battleship’s survivors for the rest of their lives. Gunners fired skyward at the swarm of Japanese warplanes even as the West Virginia groaned and shuddered. But, in the end, even her valiant resistance wasn’t enough. The once-proud West Virginia succumbed, settling mournfully into the harbor’s shallow embrace. But like the American spirit, the colossal warship would rise again. Before the war was over, it would bring vengeance to those who had sunk her…
    0 Comments 1 Shares 1K Views
  • Doku: Corona Helden – gejagt, gehetzt, geächtet! Wir vergessen euch nicht!
    1.8.2024 • 59:27 Minuten

    AUF1 hat die Mut-Ärzte, die uns in der Corona-Zeit gerettet haben, nicht vergessen. Bis heute sollen Sie vernichtet werden! Während die Systemmedien darüber schweigen. Wir beenden das Schweigen und lassen 14 Ärzte zu Wort kommen.

    Die Schrecken der Corona-Zeit sind für viele scheinbar vorbei. Für jene Ärzte, die in der Pandemie mutig Widerstand leisteten, um Menschen zu schützen, sind sie aber noch lange nicht vorbei. Abseits der Öffentlichkeit werden sie bis heute gejagt, gehetzt, geächtet – von einem unbarmherzigen und übermächtigen System. Von den Medien totgeschwiegen, sollen diese mutigen Mediziner bestraft, wirtschaftlich und gesellschaftlich ruiniert und dann vergessen werden.

    AUF1 hat die Helden in Weiß nicht vergessen. AUF1 Moderatorin Sabine Petzl reiste mit einem kleinen Kamerateam quer durch Deutschland, Österreich und die Schweiz, ja sogar bis Tansania, um 15 dieser Mut-Ärzte aufzusuchen und ihre Schicksale zu erfahren.

    Heraus kam eine einzigartige Dokumentation, die das erschütternde Ausmaß der Systembrutalität gegen Andersdenkende zeigt: Repressionen, drakonische Strafen, Disziplinarverfahren und mörderische Presseberichte. Diese Doku muss man gesehen haben!

    Die Ärzte stehen heute vor dem Ruin. Sie stecken tief in teuren Strafverfahren, leiden unter beschlagnahmten Ersparnissen und Berufsverboten. AUF1 startet deshalb gleichzeitig mit der Ausstrahlung der exklusiven Doku eine Kampagne zur finanziellen Unterstützung der Helden in Weiß. Bitte unterstützen auch Sie unsere Mut-Ärzte mit einer Spende – jeder Beitrag zählt! Danke!
    https://auf1.tv/unterstuetzen

    Ab dem 18. August strahlt AUF1 alle Einzel-Interviews an unterschiedlichen Tagen in voller Länge aus. Sie finden die Beiträge in der Rubrik „Corona-Helden: Wir vergessen Euch nicht!“: https://auf1.tv/corona-helden-wir-vergessen-euch-nicht

    Bitte unterstützen Sie unsere Arbeit!
    Doku: Corona Helden – gejagt, gehetzt, geächtet! Wir vergessen euch nicht! 1.8.2024 • 59:27 Minuten AUF1 hat die Mut-Ärzte, die uns in der Corona-Zeit gerettet haben, nicht vergessen. Bis heute sollen Sie vernichtet werden! Während die Systemmedien darüber schweigen. Wir beenden das Schweigen und lassen 14 Ärzte zu Wort kommen. Die Schrecken der Corona-Zeit sind für viele scheinbar vorbei. Für jene Ärzte, die in der Pandemie mutig Widerstand leisteten, um Menschen zu schützen, sind sie aber noch lange nicht vorbei. Abseits der Öffentlichkeit werden sie bis heute gejagt, gehetzt, geächtet – von einem unbarmherzigen und übermächtigen System. Von den Medien totgeschwiegen, sollen diese mutigen Mediziner bestraft, wirtschaftlich und gesellschaftlich ruiniert und dann vergessen werden. AUF1 hat die Helden in Weiß nicht vergessen. AUF1 Moderatorin Sabine Petzl reiste mit einem kleinen Kamerateam quer durch Deutschland, Österreich und die Schweiz, ja sogar bis Tansania, um 15 dieser Mut-Ärzte aufzusuchen und ihre Schicksale zu erfahren. Heraus kam eine einzigartige Dokumentation, die das erschütternde Ausmaß der Systembrutalität gegen Andersdenkende zeigt: Repressionen, drakonische Strafen, Disziplinarverfahren und mörderische Presseberichte. Diese Doku muss man gesehen haben! Die Ärzte stehen heute vor dem Ruin. Sie stecken tief in teuren Strafverfahren, leiden unter beschlagnahmten Ersparnissen und Berufsverboten. AUF1 startet deshalb gleichzeitig mit der Ausstrahlung der exklusiven Doku eine Kampagne zur finanziellen Unterstützung der Helden in Weiß. Bitte unterstützen auch Sie unsere Mut-Ärzte mit einer Spende – jeder Beitrag zählt! Danke! https://auf1.tv/unterstuetzen Ab dem 18. August strahlt AUF1 alle Einzel-Interviews an unterschiedlichen Tagen in voller Länge aus. Sie finden die Beiträge in der Rubrik „Corona-Helden: Wir vergessen Euch nicht!“: https://auf1.tv/corona-helden-wir-vergessen-euch-nicht Bitte unterstützen Sie unsere Arbeit!
    0 Comments 0 Shares 2K Views
  • https://medforth.org/bauernproteste-in-ganz-europa-was-systemmedien-verschweigen/
    https://medforth.org/bauernproteste-in-ganz-europa-was-systemmedien-verschweigen/
    0 Comments 0 Shares 381 Views
  • * * Huge win in Loudoun County case…

    https://www.dailywire.com/news/jury-finds-former-loudoun-county-superintendent-guilty-of-charges-stemming-from-trans-rape-coverup
    * * Huge win in Loudoun County case… https://www.dailywire.com/news/jury-finds-former-loudoun-county-superintendent-guilty-of-charges-stemming-from-trans-rape-coverup
    WWW.DAILYWIRE.COM
    Jury Finds Former Loudoun County Superintendent Guilty Of Crime Stemming From Trans Rape Coverup | The Daily Wire
    “Look a how well the Family works together when a dissident speaks out. She goes from Teacher of the Year to fired,” a prosecutor said of a teacher who was fired after blowing the whistle on sexual abuse.
    0 Comments 0 Shares 1K Views
  • https://medforth.org/systemmediale-hetzjagd-denunzianten-melden-sich-bitte-beim-bayrischen-rundfunk-belohnung-garantiert/
    https://medforth.org/systemmediale-hetzjagd-denunzianten-melden-sich-bitte-beim-bayrischen-rundfunk-belohnung-garantiert/
    0 Comments 0 Shares 555 Views
  • BREAKING NEWS: Trump Mercilessly Unleashes On Biden In Speech Following Arraignment In Federal Court
    https://www.youtube.com/watch?v=gr57w1vcUXk
    At his golf club in Bedminster, New Jersey, former President Trump speaks out following his arraignment in a Miami federal court stemming from charges connected to his handling of classified documents.

    BREAKING NEWS: Trump Mercilessly Unleashes On Biden In Speech Following Arraignment In Federal Court https://www.youtube.com/watch?v=gr57w1vcUXk At his golf club in Bedminster, New Jersey, former President Trump speaks out following his arraignment in a Miami federal court stemming from charges connected to his handling of classified documents.
    0 Comments 0 Shares 567 Views
  • https://medforth.org/verbot-der-afd-opposition-ist-im-totalitaren-system-nicht-vorgesehen-eine-junk-analyse-geht-durch-die-systemmedien/
    https://medforth.org/verbot-der-afd-opposition-ist-im-totalitaren-system-nicht-vorgesehen-eine-junk-analyse-geht-durch-die-systemmedien/
    0 Comments 0 Shares 535 Views
  • https://medforth.org/korb-brandsatz-auf-fluchtlingsheim-geworfen-systemmedien-lassen-dunklen-teint-bei-taterbeschreibung-weg/
    https://medforth.org/korb-brandsatz-auf-fluchtlingsheim-geworfen-systemmedien-lassen-dunklen-teint-bei-taterbeschreibung-weg/
    0 Comments 0 Shares 440 Views
Sponsored

We are 100% funded for October.

Thanks to everyone who helped out. 🥰

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

Xephula Funding Meter

Please Donate Here