• Bluesky is to X, as Ceasar is to Gladiator, as Censorship is to Free Speech in the Arena of Truth & Freedom. https://petermcculloughmd.substack.com/p/bluesky-users-want-safe-free-speech?utm_source=post-email-title&publication_id=1119676&post_id=153313088&utm_campaign=email-post-title&isFreemail=true&r=1pcadm&triedRedirect=true&utm_medium=email
    Bluesky is to X, as Ceasar is to Gladiator, as Censorship is to Free Speech in the Arena of Truth & Freedom. https://petermcculloughmd.substack.com/p/bluesky-users-want-safe-free-speech?utm_source=post-email-title&publication_id=1119676&post_id=153313088&utm_campaign=email-post-title&isFreemail=true&r=1pcadm&triedRedirect=true&utm_medium=email
    PETERMCCULLOUGHMD.SUBSTACK.COM
    Bluesky Users Want Safe Free Speech
    Fundamental misunderstanding of free speech persists.
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  • Inadequate Litigant’s Cases Dismissed

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

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

    Post 4950

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

    FACTS

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

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

    BACKGROUND

    The facts underlying this case involve four discrete events.

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

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

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

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

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

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

    Visiting Doctor for Eye Injury

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

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

    Report to Dental Board

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

    Instant Complaint and Judgment

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

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

    DISCUSSION

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

    Did it err in sustaining the demurrers?

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

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

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

    ANALYSIS

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

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

    DEMURRERS

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

    Additional Background

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

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

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

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

    ZALMA OPINION

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

    (c) 2024 Barry Zalma & ClaimSchool, Inc.

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

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

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

    Go to the Insurance Claims Library – https://lnkd.in/gwEYk
    Inadequate Litigant’s Cases Dismissed Plaintiff, by her Litigation Appears to Establish the Report for a Mental Health Evaluation Was Appropriate Read the full article at https://lnkd.in/gECRyZ-f, see the full video at https://lnkd.in/gs_4Bby9 and at https://lnkd.in/g67dDK8q, and https://zalma.com/blog plus more than 4950 posts. Post 4950 In Samreen Riaz v. State Of California, et al., F087504, California Court of Appeals, Fifth District (December 2, 2024) the California Court of Appeals found itself asked to resolve suits against an individual and the state of California from an inadequate but excessively litigious plaintiff. FACTS Samreen Riaz was a licensed dentist – she lost her license to practice because of the facts underlying this case. According to her, there is an elaborate conspiracy to harass, stalk, threaten, and ultimately prevent her from testifying in a separate “whistleblower” case involving “OSHA and HIPPA Violations” at a medical facility. Riaz sued raising numerous claims against numerous individuals and government entities. The opposing parties challenged the complaint’s viability through demurrer and anti-SLAPP proceedings. The trial court sustained the demurrers and granted the anti-SLAPP motion, leaving Riaz with no viable claim. Riaz appealed. BACKGROUND The facts underlying this case involve four discrete events. First: Riaz sued a medical facility and suffered an alleged eye injury while attempting to testify in that case. Second: She sought treatment for that eye injury but was refused service and then sued that doctor in small claims court. Third: That doctor reported Riaz to the Dental Board of California which, in turn, initiated mental health competence proceedings against Riaz. Fourth: Riaz’s license to practice dentistry was revoked, and she filed the complaint at issue in this case. Initial Lawsuit Against Medical Facility Acting as a “whistleblower,” Riaz “disclosed … OSHA, Hippa, recruited patient, potential insurance fraud and anti-competent activities in the market” at a medical facility. After filing a lawsuit on that basis, Riaz claimed she suffered “organized harassment,” culminating in “permanent eye damage” after a sheriff-department employee pointed a finger in her face while attempting to enter the courthouse in her “whistleblower” case. Visiting Doctor for Eye Injury Riaz visited Dr. Cantrell to treat an eye injury. She claimed Cantrell became combative, refused to answer Riaz’s questions, and declined to treat Riaz. The next day, Riaz filed a complaint with the Medical Board of California. Several days later, she filed a small claims case against Cantrell, essentially alleging discrimination, negligence, and retaliation. A small claims judgment was eventually entered in Cantrell’s favor. Report to Dental Board Cantrell reported Riaz to the Dental Board. The Dental Board issued an order to Riaz to comply with a mental health examination “to evaluate her fitness to practice safely ….” (See Bus. &Prof. Code, § 820.) Riaz failed to comply with the order. Since Riaz continued to disobey the order, her license to practice dentistry was ultimately revoked. Instant Complaint and Judgment Riaz sued Cantrell, various government entities, and several individuals working for those entities (collectively, the State). The complaint alleged an elaborate conspiracy among all the defendants to injure Riaz, to intimidate her to prevent her from testifying, and to retaliate against her for the “whistleblower” case. The trial court sustained the demurrers and granted the anti-SLAPP motion resulting in total dismissal. DISCUSSION Did the trial court err in granting the anti-SLAPP motion? Did it err in sustaining the demurrers? The California Court of Appeals concluded the trial court did not err. Anti-SLAPP Motion In the anti-SLAPP motion, Cantrell argued his furnishing information to the Dental Board was protected activity and defeated claims “for discrimination, fraud, defamation, retaliation[,] and intentional infliction of emotional distress[.]” In opposition to the anti-SLAPP motion, Riaz claimed again Cantrell “made inaccurate, knowingly misleading statements to the [D]ental [B]oard to defame and harm [Riaz] based on disclosing patient information.” The trial court concluded furnishing those documents to the board constituted protected activity. ANALYSIS Litigation of an anti-SLAPP motion involves a two-step process. First, the moving defendant bears the burden of establishing that the challenged allegations or claims that arise from protected activity in which the defendant has engaged. Second, for each claim that does arise from protected activity, the plaintiff must show the claim has at least minimal merit. If the plaintiff cannot make this showing, the court will, and did, strike the claim. If there is no merit, the claim is stricken. The Court of Appeals noted that Riaz failed to adduce any evidence-including exhibits, declarations, judicial notice, and testimony-to substantiate her allegation Cantrell reported her to the Dental Board for retribution. She failed to adduce admissible evidence on the point. DEMURRERS Both Cantrell and the State filed demurrers to Riaz’s complaint.. Additional Background A small claims plaintiff is collaterally estopped from relitigating the same issue in superior court where the record is sufficiently clear to determine that the issue was litigated and decided against plaintiff in the small claims action. Governmental immunity is an affirmative defense properly raised by demurrer. Government Code section 821.6 immunizes public employees from liability for ‘instituting or prosecuting any judicial or administrative proceeding’ within the scope of their employment, even if the employees act ‘maliciously and without probable cause. Riaz alleged her claims arose in July 2022. Her written government claim was submitted in April 2023, more than six months later. Accordingly, the claims were barred, at least insofar as they stemmed from the section 820 order. CONCLUSION AND SUMMARY Riaz failed to allege colorable claims against either Cantrell or the State. The potential claims against Cantrell were either tried and resolved against her in small claims court or dismissed pursuant to the anti-SLAPP statute. The potential claims against the State were either barred for failure to timely present them under the Government Claims Act, or the State was immune under Government Code sections 821.6, 818.4, and 821.2. ZALMA OPINION It is axiomatic that a person who represents himself has a fool for a client. The litigation history, the multiple actions, and the lack of consistency and evidence, establish that Dr. Cantrell was correct when he advised the Dental Board that a mental health examination to evaluate her fitness to practice safely…” was correct. She refused to fulfill her obligation to the Dental Board to be evaluated because she was concerned she would not pass. This case is an abuse of Doctor Cantrell and the state and should have resulted in serious sanctions. (c) 2024 Barry Zalma & ClaimSchool, Inc. Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos. Subscribe to my substack at https://barryzalma.substack.com/subscribe Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg Go to the Insurance Claims Library – https://lnkd.in/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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    THEWASHINGTONSTANDARD.COM
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    According to real clear politics Trump is the most popular he’s ever been. This includes 2107 and his whole presidency. What do you think he represents that americans are getting so excited about?

    Florida continues to use a megaphone when it comes to making america great again and making america healthy again. Florida house rep. Anna Paulina Luna calls for a ban on seed oils, high-fructose corn syrup, and other “highly processed additives.” Will RFK and Rep Paulina Luna and others be able over come the billions spent by big agra to make our food healthy again or does it start with americans voting with their dollars or both?

    Dr. Sabie Hazan, one of the smartest women in america, she happens to be a gut doctor so gastrol specialist. She said most americans problem is in their gut. She also said one of her worries is she learned most people running the FDA today have no background in medicine. So the people supposedly keeping us safe don’t have real life medical experience. Give me through thoughts on that then let’s talk gut health.

    There is a Stanford Dr, Dr Gardner. Not relationship to me but he is warning americans that our ultra processed food is killing us. Its causing cancer. Its making us tired and more hungry. Thoughts on this warning.
    https://www.youtube.com/watch?v=HohEY8Ufgow
    According to CNBC a large majority of Americans want to support Trump. They say give him the runway to see what he can do with the country. Do you think a lot of people suddenly woke up and realized they had been hoodwinked into believe democrat lies? Or why would so many say lets let the MAGA agenda go to work to fix america? According to real clear politics Trump is the most popular he’s ever been. This includes 2107 and his whole presidency. What do you think he represents that americans are getting so excited about? Florida continues to use a megaphone when it comes to making america great again and making america healthy again. Florida house rep. Anna Paulina Luna calls for a ban on seed oils, high-fructose corn syrup, and other “highly processed additives.” Will RFK and Rep Paulina Luna and others be able over come the billions spent by big agra to make our food healthy again or does it start with americans voting with their dollars or both? Dr. Sabie Hazan, one of the smartest women in america, she happens to be a gut doctor so gastrol specialist. She said most americans problem is in their gut. She also said one of her worries is she learned most people running the FDA today have no background in medicine. So the people supposedly keeping us safe don’t have real life medical experience. Give me through thoughts on that then let’s talk gut health. There is a Stanford Dr, Dr Gardner. Not relationship to me but he is warning americans that our ultra processed food is killing us. Its causing cancer. Its making us tired and more hungry. Thoughts on this warning. https://www.youtube.com/watch?v=HohEY8Ufgow
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  • Madden NFL 25: 4 Best Aggregation Captains For Ultimate Team

    After FIFA, The Madden Alternation May Accept to Face The Reaper Eventually or Later

    Highlights EA is alteration the name of the FIFA authorization to EA Sports FC, a move that may announce approaching changes for the Madden authorization as well. The blow of the FIFA authorization has aloft apropos amid admirers about abeyant blow of added licenses, although the NFL authorization seems defended for now. Controversies surrounding Madden's microtransactions and bugs accept fueled criticism, potentially arch to a baking point of depression and antagonism in the football gaming market. MMOexp VIDEO OF THE DAYSCROLL TO CONTINUE WITH CONTENT

    Besides Battlefield and The Sims, EA's endless sports titles are allegedly one of its bigger properties. Every audible year, millions of players army to the latest FIFA or Madden appellation to acquaintance accumulated that the new assay will bring. While these anniversary releases accept been acutely controversial, there seems to be no slowing bottomward these massive franchises. At atomic there did not accept to be, but contempo contest may advance otherwise.

    EA will acceptable never stop authoritative sports amateur as they cull in endless amounts of money. However, that does not beggarly the franchises will not acutely change over the abutting brace of years. Already, the flat is abode the FIFA name in favor of EA Sports FC, and that aloft affair may arise to Madden one day. While it will acceptable not arise tomorrow, Madden as players apperceive it may consistently change eventually than they realize.

    F1 Administrator 2023 Provides the Absolute Blueprint for Madden To Apprentice From

    Madden May Chase in FIFA's Footsteps
    Last year, FIFA admirers were afraid to apprentice that EA was acutely bottomward the name from its accustomed soccer series. The two brands had been alive with anniversary added for about 30 years, but they were clumsy to accede on new terms. Apparently, FIFA capital $1 billion from EA for its name while the video bold flat additionally capital to aggrandize its monetization practices aural the authorization itself, which FIFA's restrictions did not allow. So, they beggared ways, acutely alteration the approaching of EA Sports forever.

    While EA will still aftermath soccer amateur with accumulated players accept arise to apprehend over the years, it will not be application the FIFA branding anymore. Instead, it is now actuality alleged EA Sports FC, and will acceptable be that for years to come. Because of this, the flat was additionally affected to delist 10 FIFA titles from agenda storefronts, which bureau that players allegation to accept already endemic a archetype if they appetite admission to some of these iconic sports titles. Maybe the two brands will be able to arise to new acceding eventually, but that may not be for a while.

    At the aloft time, EA and the NFL renewed their authorization acceding aftermost year so that the flat can abide to achieve Madden amateur for the abutting brace of years. However, with the blow of the FIFA license, some admirers accept amorphous to catechism if EA will lose added licenses as well. While it does not accept like it will be blow the NFL authorization anytime soon, no one absolutely accustomed it to lose FIFA either, so annihilation seems to be accessible adapted now.

    Madden admirers accept become added analytical of the authorization over the years, and these anniversary releases accept resulted in a authorization ashore in its ways. It may still achieve a lot of money acknowledgment to its abounding microtransactions, however, that does not achieve it invincible. Over the accomplished brace of years, the authorization has garnered a lot of altercation over its Ultimate Aggregation packs and its buggy nature. Some countries accept akin approved to allocate it as actionable gambling, with countries in the European Union arch the charge. And while annihilation will acceptable change for a while, there is a adventitious that all of this altercation begins to abscess over ancient soon.

    For now, EA and the NFL accept to accept an accomplished alive relationship. However, aback FIFA seems to accept beggared bureau with the studio, there is a adventitious the NFL will do that one day too. While the flat will allegedly still agitate out football games, it may not be beneath the Madden name forever. If anything, EA Sports may eventually not be the abandoned football bold developer out there, which could advance to some advantageous competition.
    As always, MMOexp.com offers you a safe and cheap Madden 25 Coins service.
    Madden NFL 25: 4 Best Aggregation Captains For Ultimate Team After FIFA, The Madden Alternation May Accept to Face The Reaper Eventually or Later Highlights EA is alteration the name of the FIFA authorization to EA Sports FC, a move that may announce approaching changes for the Madden authorization as well. The blow of the FIFA authorization has aloft apropos amid admirers about abeyant blow of added licenses, although the NFL authorization seems defended for now. Controversies surrounding Madden's microtransactions and bugs accept fueled criticism, potentially arch to a baking point of depression and antagonism in the football gaming market. MMOexp VIDEO OF THE DAYSCROLL TO CONTINUE WITH CONTENT Besides Battlefield and The Sims, EA's endless sports titles are allegedly one of its bigger properties. Every audible year, millions of players army to the latest FIFA or Madden appellation to acquaintance accumulated that the new assay will bring. While these anniversary releases accept been acutely controversial, there seems to be no slowing bottomward these massive franchises. At atomic there did not accept to be, but contempo contest may advance otherwise. EA will acceptable never stop authoritative sports amateur as they cull in endless amounts of money. However, that does not beggarly the franchises will not acutely change over the abutting brace of years. Already, the flat is abode the FIFA name in favor of EA Sports FC, and that aloft affair may arise to Madden one day. While it will acceptable not arise tomorrow, Madden as players apperceive it may consistently change eventually than they realize. F1 Administrator 2023 Provides the Absolute Blueprint for Madden To Apprentice From Madden May Chase in FIFA's Footsteps Last year, FIFA admirers were afraid to apprentice that EA was acutely bottomward the name from its accustomed soccer series. The two brands had been alive with anniversary added for about 30 years, but they were clumsy to accede on new terms. Apparently, FIFA capital $1 billion from EA for its name while the video bold flat additionally capital to aggrandize its monetization practices aural the authorization itself, which FIFA's restrictions did not allow. So, they beggared ways, acutely alteration the approaching of EA Sports forever. While EA will still aftermath soccer amateur with accumulated players accept arise to apprehend over the years, it will not be application the FIFA branding anymore. Instead, it is now actuality alleged EA Sports FC, and will acceptable be that for years to come. Because of this, the flat was additionally affected to delist 10 FIFA titles from agenda storefronts, which bureau that players allegation to accept already endemic a archetype if they appetite admission to some of these iconic sports titles. Maybe the two brands will be able to arise to new acceding eventually, but that may not be for a while. At the aloft time, EA and the NFL renewed their authorization acceding aftermost year so that the flat can abide to achieve Madden amateur for the abutting brace of years. However, with the blow of the FIFA license, some admirers accept amorphous to catechism if EA will lose added licenses as well. While it does not accept like it will be blow the NFL authorization anytime soon, no one absolutely accustomed it to lose FIFA either, so annihilation seems to be accessible adapted now. Madden admirers accept become added analytical of the authorization over the years, and these anniversary releases accept resulted in a authorization ashore in its ways. It may still achieve a lot of money acknowledgment to its abounding microtransactions, however, that does not achieve it invincible. Over the accomplished brace of years, the authorization has garnered a lot of altercation over its Ultimate Aggregation packs and its buggy nature. Some countries accept akin approved to allocate it as actionable gambling, with countries in the European Union arch the charge. And while annihilation will acceptable change for a while, there is a adventitious that all of this altercation begins to abscess over ancient soon. For now, EA and the NFL accept to accept an accomplished alive relationship. However, aback FIFA seems to accept beggared bureau with the studio, there is a adventitious the NFL will do that one day too. While the flat will allegedly still agitate out football games, it may not be beneath the Madden name forever. If anything, EA Sports may eventually not be the abandoned football bold developer out there, which could advance to some advantageous competition. As always, MMOexp.com offers you a safe and cheap Madden 25 Coins service.
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