• There are indications that the Pluralistic Ignorance that has characterized the past 4 years is at last coming to an end. More and more people are openly questioning the veracity of our response to Covid. Trust in physicians and hospitals has plummeted. The credibility of our Public Health institutions has been squandered. It will only be regained through a combination of insistence on accountability for past actions, the abolition (not just declaration) of conflicts of interest, the untangling of the influence of Big Pharma on public policy, and reform in organized medicine and medical education.
    https://brownstone.org/articles/medicine-needs-critical-thinking-not-critical-theory/
    There are indications that the Pluralistic Ignorance that has characterized the past 4 years is at last coming to an end. More and more people are openly questioning the veracity of our response to Covid. Trust in physicians and hospitals has plummeted. The credibility of our Public Health institutions has been squandered. It will only be regained through a combination of insistence on accountability for past actions, the abolition (not just declaration) of conflicts of interest, the untangling of the influence of Big Pharma on public policy, and reform in organized medicine and medical education. https://brownstone.org/articles/medicine-needs-critical-thinking-not-critical-theory/
    BROWNSTONE.ORG
    Medicine Needs Critical Thinking, not Critical Theory ⋆ Brownstone Institute
    The credibility of Public Health institutions has been squandered. It will be regained through reform in medicine and medical education.
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  • Washington Post admits subjecting children to ‘transgender medicine’ not based on ‘science’
    https://catholicvote.org/washington-post-admits-subjecting-children-to-transgender-medicine-not-based-on-science/

    The failure of scientists to “slowly and systematically” study prescribing children puberty blockers and cross-sex hormones is responsible for both a lack of medical clarity regarding their safety and effectiveness in treating gender dysphoria and the fact that the issue is now before the U.S. Supreme Court, the Washington Post editorial board wrote Sunday.

    The editors of the left-wing media outlet came to their astounding change of heart along with their acknowledgment that the state of Tennessee actually has a “colorable claim” before the High Court in United States v. Skrmetti, the Biden administration’s challenge to the state’s law that protects minors from a profitable and fast-growing “transgender” medical industry.

    The issue of experimental “trans” medical interventions on minors, the WaPo board asserted, “is subject to legal dispute in part because the medical questions have not been properly resolved.”
    Washington Post admits subjecting children to ‘transgender medicine’ not based on ‘science’ https://catholicvote.org/washington-post-admits-subjecting-children-to-transgender-medicine-not-based-on-science/ The failure of scientists to “slowly and systematically” study prescribing children puberty blockers and cross-sex hormones is responsible for both a lack of medical clarity regarding their safety and effectiveness in treating gender dysphoria and the fact that the issue is now before the U.S. Supreme Court, the Washington Post editorial board wrote Sunday. The editors of the left-wing media outlet came to their astounding change of heart along with their acknowledgment that the state of Tennessee actually has a “colorable claim” before the High Court in United States v. Skrmetti, the Biden administration’s challenge to the state’s law that protects minors from a profitable and fast-growing “transgender” medical industry. The issue of experimental “trans” medical interventions on minors, the WaPo board asserted, “is subject to legal dispute in part because the medical questions have not been properly resolved.”
    CATHOLICVOTE.ORG
    Washington Post admits subjecting children to ‘transgender medicine’ not based on ‘science’
    The failure of scientists to “slowly and systematically” study prescribing children puberty blockers and cross-sex hormones is responsible for both a lack
    Angry
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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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  • 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
    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
    0 Comments 0 Shares 726 Views
  • President Trump was set up with corrupt criminal scientific and medical advisors during his former terms. He realized it recently to an extent where he called in RFK to assist.
    https://rumble.com/v5zxgzq-rfk-jr.-exposes-the-secret-of-what-happened-to-trump-in-2016-and-2020-and-w.html
    President Trump was set up with corrupt criminal scientific and medical advisors during his former terms. He realized it recently to an extent where he called in RFK to assist. https://rumble.com/v5zxgzq-rfk-jr.-exposes-the-secret-of-what-happened-to-trump-in-2016-and-2020-and-w.html
    0 Comments 0 Shares 199 Views
  • "These shots need to get in everybody's arm as rapidly as possible or we're going to be back in a situation in the fall" -- US Sen. Mitch McConnell (RINO-KY) on the COVID vaccine, July 2021
    https://www.undergroundusa.com/p/the-fake-medical-expertise-of-mitch
    "These shots need to get in everybody's arm as rapidly as possible or we're going to be back in a situation in the fall" -- US Sen. Mitch McConnell (RINO-KY) on the COVID vaccine, July 2021 https://www.undergroundusa.com/p/the-fake-medical-expertise-of-mitch
    WWW.UNDERGROUNDUSA.COM
    The Fake Medical Expertise of ‘Mitch The Sino-Bitch’
    LISTEN NOW | So, how much of a complete asshole is Mitch McConnell? Well, I can argue that he is an emotion-exploiting, Deep State, K Street whore of a magnanimous proportion. Som succinctly, he’s quite an asshole.
    0 Comments 0 Shares 227 Views
  • "These shots need to get in everybody's arm as rapidly as possible or we're going to be back in a situation in the fall" -- US Sen.Mitch McConnell (RINO-KY) on the COVID vaccine, July 2021

    ORIGINAL CONTENT:
    https://www.undergroundusa.com/p/the-fake-medical-expertise-of-mitch

    #MitchMcConnell #McConnell #Kennedy #RFK #Vaccines #COVID #AaronSiri #Drones #Trump #DeepState #RINO #Murder #Election #Bureaucracy #MAGA #Disinformation #Media #GOP #Podcast #Constitution #USA #Woke #Democrats #Politics #News #Truth
    "These shots need to get in everybody's arm as rapidly as possible or we're going to be back in a situation in the fall" -- US Sen.Mitch McConnell (RINO-KY) on the COVID vaccine, July 2021 ORIGINAL CONTENT: https://www.undergroundusa.com/p/the-fake-medical-expertise-of-mitch #MitchMcConnell #McConnell #Kennedy #RFK #Vaccines #COVID #AaronSiri #Drones #Trump #DeepState #RINO #Murder #Election #Bureaucracy #MAGA #Disinformation #Media #GOP #Podcast #Constitution #USA #Woke #Democrats #Politics #News #Truth
    WWW.UNDERGROUNDUSA.COM
    The Fake Medical Expertise of ‘Mitch The Sino-Bitch’
    LISTEN NOW | So, how much of a complete asshole is Mitch McConnell? Well, I can argue that he is an emotion-exploiting, Deep State, K Street whore of a magnanimous proportion. Som succinctly, he’s quite an asshole.
    0 Comments 1 Shares 773 Views
  • "These shots need to get in everybody's arm as rapidly as possible or we're going to be back in a situation in the fall" -- US Sen.Mitch McConnell (RINO-KY) on the COVID vaccine, July 2021

    ORIGINAL CONTENT:
    https://www.undergroundusa.com/p/the-fake-medical-expertise-of-mitch

    #MitchMcConnell #McConnell #Kennedy #RFK #Vaccines #COVID #AaronSiri #Drones #Trump #DeepState #RINO #Murder #Election #Bureaucracy #MAGA #Disinformation #Media #GOP #Podcast #Constitution #USA #Woke #Democrats #Politics #News #Truth
    "These shots need to get in everybody's arm as rapidly as possible or we're going to be back in a situation in the fall" -- US Sen.Mitch McConnell (RINO-KY) on the COVID vaccine, July 2021 ORIGINAL CONTENT: https://www.undergroundusa.com/p/the-fake-medical-expertise-of-mitch #MitchMcConnell #McConnell #Kennedy #RFK #Vaccines #COVID #AaronSiri #Drones #Trump #DeepState #RINO #Murder #Election #Bureaucracy #MAGA #Disinformation #Media #GOP #Podcast #Constitution #USA #Woke #Democrats #Politics #News #Truth
    WWW.UNDERGROUNDUSA.COM
    The Fake Medical Expertise of ‘Mitch The Sino-Bitch’
    LISTEN NOW | So, how much of a complete asshole is Mitch McConnell? Well, I can argue that he is an emotion-exploiting, Deep State, K Street whore of a magnanimous proportion. Som succinctly, he’s quite an asshole.
    0 Comments 0 Shares 689 Views
  • THIS IS WHAT I FOUND and they do not want you to know!!!

    I do NOT know how to reach people who have not yet awakened to the FACT that the "Health Care Industry" was created to MAKE YOU SICK!

    EVERY organization associated to "Medical Research" like the
    "American Cancer Society" and the "American Diabetes Assoc."
    were created for the purpose of creating #Propaganda that is
    detrimental to YOUR HEALTH! And they have never "cured" ANYTHING!

    I don't quite know how to reach people that still think "Big Pharma" cares about ANYTHING but keeping them SICK until the day they die!

    https://www.youtube.com/watch?v=qTB4d2N_JFc
    THIS IS WHAT I FOUND and they do not want you to know!!! I do NOT know how to reach people who have not yet awakened to the FACT that the "Health Care Industry" was created to MAKE YOU SICK! EVERY organization associated to "Medical Research" like the "American Cancer Society" and the "American Diabetes Assoc." were created for the purpose of creating #Propaganda that is detrimental to YOUR HEALTH! And they have never "cured" ANYTHING! I don't quite know how to reach people that still think "Big Pharma" cares about ANYTHING but keeping them SICK until the day they die! https://www.youtube.com/watch?v=qTB4d2N_JFc
    0 Comments 0 Shares 447 Views

  • Lose if You Fail to Respond to Motion for Summary Disposition

    INSURERS FIND FRAUDSTERS ARE OFTEN INCOMPETENT

    Post 4943

    Read the full article at https://www.linkedin.com/pulse/lose-you-fail-respond-motion-summary-disposition-zalma-esq-cfe-rhstc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts.

    In Chris Kallco v. Melissa Lynn Pugh, Chris Kallco, and Precise MRI Of Michigan, LLC v. Citizens Insurance Company Of The Midwest and Melissa Lynn Pugh, No. 368156, Court of Appeals of Michigan (October 30, 2024) the Court of Appeals resolved the dispute.

    In a consolidated first-party and third-party no-fault action, plaintiff appealed from two orders granting summary disposition in favor of defendants, including the fraud of the plaintiff.

    FACTUAL BACKGROUND

    After a motor vehicle accident involving plaintiff and Pugh. Plaintiff alleged that he sustained injuries from the accident. A year after the accident, plaintiff brought a negligence claim against Pugh, alleging that, because of Pugh’s negligence, plaintiff sustained “severe permanent and progressive personal injuries and serious impairment of a body function, including but not necessarily limited to: Head, Neck, Back, Shoulders ….” Plaintiff also brought a claim against Citizens for PIP benefits, including medical expenses, work loss, and replacement services.

    Pugh moved for summary disposition arguing that plaintiff could not meet his burden of showing that he sustained a threshold injury under the no-fault act and, therefore, he could not maintain his negligence claim against her.

    Shortly after Pugh filed her motion, Citizens filed its own motion arguing that plaintiff made material misrepresentations to Citizens regarding the extent of his injuries, which rendered him ineligible for benefits under the statute.

    The trial court concluded that plaintiff failed to establish that he sustained a serious impairment of body function and therefore summary disposition in favor of Pugh was appropriate.

    With regard to Citizens’ motion, the trial court found “that absolutely no genuine issue of material fact exists as to whether Plaintiff knowingly made numerous materially false statements in his claims for PIP benefits relative to his alleged injuries and physical restrictions” arising out of the car accident.

    THRESHOLD INJURY

    Plaintiff argued that the trial court erred by finding that there was no genuine issue of material fact regarding whether plaintiff met the serious-impairment threshold. However, plaintiff’s failure to respond to the motion for summary disposition made it impossible for him to support his argument.

    The Plaintiff tried to use the defendants evidence as support against the motions. The attempt failed. The objectively manifested requirement means that plaintiffs must introduce evidence that generally requires medical testimony. Pugh presented objective medical records indicating that there was no physical basis for plaintiff’s subjective complaints of pain. Plaintiff’s deposition testimony only set forth mere subjective complaints of pain.

    Because plaintiff cannot show a factual dispute as to whether he suffered an objectively manifested impairment, he failed to satisfy the threshold serious-impairment requirement.

    FRAUDULENT INSURANCE ACT

    A person who presents or causes to be presented an oral or written statement, including computer-generated information, as part of or in support of a claim for payment or another benefit knowing that the statement contains false information concerning a fact or thing material to the claim commits a fraudulent insurance act that is subject to the penalties imposed by statute.

    An individual commits a “fraudulent insurance act” when:

    1 the person presents or causes to be presented an oral or written statement,
    2 the statement is part of or in support of a claim for no-fault benefits, and
    3 the claim for benefits was submitted to the to the insurer or the state, further,
    4 the person must have known that the statement contained false information, and
    5 the statement concerned a fact or thing material to the claim.

    As to both motions for summary disposition, plaintiff failed to show that any genuine issue of material facts exists. Accordingly, the trial court did not err by granting summary disposition in favor of defendants.

    ZALMA OPINION

    As I get older the competence of those who attempt to defraud insurers gets less and less competent. Kallco is an example of the lack of competence. He claimed all kinds of injuries and inability to work or play with his children and, when faced with a competent defense, he ignored the motions, failed to respond, and when he lost he appealed claiming the motions against him gave enough evidence to raise a issue of fact. What a waste of the court’s time and I must ask why, with such convincing evidence, no criminal charges were brought.

    (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

    Sorry about the delay in posting. I’m recovering from pneumonia and spending most of the last week in bed with pills, Kleenex, coughing and sleep which I couldn’t get in the hospital. Should be act in shape next week but doctors make no promises.
    Lose if You Fail to Respond to Motion for Summary Disposition INSURERS FIND FRAUDSTERS ARE OFTEN INCOMPETENT Post 4943 Read the full article at https://www.linkedin.com/pulse/lose-you-fail-respond-motion-summary-disposition-zalma-esq-cfe-rhstc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. In Chris Kallco v. Melissa Lynn Pugh, Chris Kallco, and Precise MRI Of Michigan, LLC v. Citizens Insurance Company Of The Midwest and Melissa Lynn Pugh, No. 368156, Court of Appeals of Michigan (October 30, 2024) the Court of Appeals resolved the dispute. In a consolidated first-party and third-party no-fault action, plaintiff appealed from two orders granting summary disposition in favor of defendants, including the fraud of the plaintiff. FACTUAL BACKGROUND After a motor vehicle accident involving plaintiff and Pugh. Plaintiff alleged that he sustained injuries from the accident. A year after the accident, plaintiff brought a negligence claim against Pugh, alleging that, because of Pugh’s negligence, plaintiff sustained “severe permanent and progressive personal injuries and serious impairment of a body function, including but not necessarily limited to: Head, Neck, Back, Shoulders ….” Plaintiff also brought a claim against Citizens for PIP benefits, including medical expenses, work loss, and replacement services. Pugh moved for summary disposition arguing that plaintiff could not meet his burden of showing that he sustained a threshold injury under the no-fault act and, therefore, he could not maintain his negligence claim against her. Shortly after Pugh filed her motion, Citizens filed its own motion arguing that plaintiff made material misrepresentations to Citizens regarding the extent of his injuries, which rendered him ineligible for benefits under the statute. The trial court concluded that plaintiff failed to establish that he sustained a serious impairment of body function and therefore summary disposition in favor of Pugh was appropriate. With regard to Citizens’ motion, the trial court found “that absolutely no genuine issue of material fact exists as to whether Plaintiff knowingly made numerous materially false statements in his claims for PIP benefits relative to his alleged injuries and physical restrictions” arising out of the car accident. THRESHOLD INJURY Plaintiff argued that the trial court erred by finding that there was no genuine issue of material fact regarding whether plaintiff met the serious-impairment threshold. However, plaintiff’s failure to respond to the motion for summary disposition made it impossible for him to support his argument. The Plaintiff tried to use the defendants evidence as support against the motions. The attempt failed. The objectively manifested requirement means that plaintiffs must introduce evidence that generally requires medical testimony. Pugh presented objective medical records indicating that there was no physical basis for plaintiff’s subjective complaints of pain. Plaintiff’s deposition testimony only set forth mere subjective complaints of pain. Because plaintiff cannot show a factual dispute as to whether he suffered an objectively manifested impairment, he failed to satisfy the threshold serious-impairment requirement. FRAUDULENT INSURANCE ACT A person who presents or causes to be presented an oral or written statement, including computer-generated information, as part of or in support of a claim for payment or another benefit knowing that the statement contains false information concerning a fact or thing material to the claim commits a fraudulent insurance act that is subject to the penalties imposed by statute. An individual commits a “fraudulent insurance act” when: 1 the person presents or causes to be presented an oral or written statement, 2 the statement is part of or in support of a claim for no-fault benefits, and 3 the claim for benefits was submitted to the to the insurer or the state, further, 4 the person must have known that the statement contained false information, and 5 the statement concerned a fact or thing material to the claim. As to both motions for summary disposition, plaintiff failed to show that any genuine issue of material facts exists. Accordingly, the trial court did not err by granting summary disposition in favor of defendants. ZALMA OPINION As I get older the competence of those who attempt to defraud insurers gets less and less competent. Kallco is an example of the lack of competence. He claimed all kinds of injuries and inability to work or play with his children and, when faced with a competent defense, he ignored the motions, failed to respond, and when he lost he appealed claiming the motions against him gave enough evidence to raise a issue of fact. What a waste of the court’s time and I must ask why, with such convincing evidence, no criminal charges were brought. (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 Sorry about the delay in posting. I’m recovering from pneumonia and spending most of the last week in bed with pills, Kleenex, coughing and sleep which I couldn’t get in the hospital. Should be act in shape next week but doctors make no promises.
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