Trial Must Proceed Under Plaintiff’s True Name Fraud Defense Insufficient to Allow Plaintiff to Sue Under Pseudonym Post 4944 Read the full article at https://www.linkedin.com/pulse/trial-must-proceed-under-plaintiffs-true-name-barry-zalma-esq-cfe-zc7ic/, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. LITIGANTS MUST NOT HIDE THEIR IDENTITY Plaintiff sued State Farm under a pseudonym. The Court subsequently issued an order requiring Plaintiff to proceed using his actual name. Plaintiff appealed that order, and he now seeks to stay the Court’s order while his appeal is pending in James Doe v. State Farm General Insurance Company, No. 23-cv-04734-JSC, United States District Court, N.D. California (November 26, 2024). BACKGROUND Plaintiff alleged State Farm improperly and in bad faith denied coverage for his claim involving a lost wristwatch that retails at approximately $30,300. He filed his complaint under the pseudonym “James Doe,” insisting a pseudonym was necessary “to protect his privacy, his family, his reputation, and his livelihood, because he has been struggling with mental illnesses.” The Court rescinded its order permitting Plaintiff to proceed anonymously. At a ZOOM hearing the Court informed Plaintiff his actual name appeared on the Zoom screen. Although Plaintiff had yet to file a motion to stay the Court’s order requiring him to proceed under his actual name. The Court denied State Farm’s motion as to the breach of contract and wrongful policy cancellation claims. Jury trial is scheduled to commence in May 2025. DISCUSSION Parties may use pseudonyms in the unusual case when nondisclosure of the party’s identity is necessary to protect a person from harassment, injury, ridicule or personal embarrassment. Plaintiff based his claim for anonymity on two grounds: 1. Plaintiff argues anonymity is necessary because he has revealed highly sensitive and personal matters about himself, his mental illnesses and physical injuries in the course of the case. Yet, Plaintiff did not identify where in the record those highly sensitive matters are discussed. Plaintiff has not sought to redact any portions of his filings, assuming anything in them may be concealed from the public. So, Plaintiff is unlikely to prevail on this theory. 2. Plaintiff argues anonymity is necessary because the accusation of insurance fraud will ruin his reputation for honesty before a jury has passed judgment on his credibility and honesty at trial. Plaintiff states the case involves grave social stigmatization to Plaintiff because he has been accused of committing or seeking to commit insurance fraud. The USDC noted that Plaintiff showed no reasonable probability that an insurer’s material misrepresentation defense transforms a breach of contract claim into a matter of sensitive and highly personal nature, Here, Plaintiff is seeking coverage for a lost wristwatch. If an accusation of insurance fraud were sufficiently stigmatizing to warrant anonymity, then plaintiffs could proceed anonymously virtually anytime they challenge an insurer’s denial of coverage on the basis of a material misrepresentation. The Ninth Circuit’s mandate requires that parties only use pseudonyms in the unusual case. IRREPARABLE INJURY Plaintiff failed to demonstrate he will be irreparably injured absent a stay. The injury Plaintiff fears has already occurred to some extent by Plaintiff’s own doing. He appeared at a public hearing using his actual name. Further, in its recent summary judgment order, the Court concluded there was a dispute of fact as to whether Plaintiff intentionally concealed or misrepresented a material fact or circumstance relating to his insurance. At this point in this proceeding, there has been no finding of insurance fraud. HOIST ON HIS OWN PETARD Given that Plaintiff himself proceeded at a public hearing without taking steps to prevent the very disclosure he claims is so injurious, Plaintiff has not met his burden on the irreparable injury factor. As summary judgment was denied on the breach of contract claim, the case is proceeding to trial. The public interest lies in transparent and public court proceedings, especially trials. The Court denied Plaintiff’s motion to stay the order requiring Plaintiff to proceed under his actual name. ZALMA OPINION Pursuing litigation under a pseudonym because the defendant insurer claimed the Plaintiff attempted insurance fraud because his mental health and reputation would be harmed by the claims is insufficient. First, Plaintiff chose to sue State Farm. He could protect his mental health and reputation by not suing. Second, he was willing to attend a Zoom hearing with his true name showing, thereby effectively waiving the claim of anonymity. It could easily be concluded that he has sued under a pseudonym because he was embarrassed he was caught. (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

To Prove Fraud a Preponderance of the evidence is Required An article For Subscribers to Excellence in Claims Handling You can Subscribe for only $5 a month to Excellence in Claims Handling at https://barryzalma.substack.com/subscribe A small portion of what was provided to subscribers.The Supreme Court, reviewing the law in other states found: “Although a few jurisdictions require that exclusions from coverage be proved by clear and convincing evidence, the burden of proving insurance policy exclusionary provisions is usually a preponderance of the evidence. Lee R. Russ & Thomas F. Segalla, 17 Couch on Insurance 254:14 (3d ed. 2003) [hereinafter Couch]; compare Rego v. Conn. Ins. Placement Facility, 593 A.2d 491, 494-95 (Conn. 1991) (following the majority of courts and commentators suggesting that insurers must prove policy defenses by a preponderance of the evidence), with Am. Family Mut. Ins. Co. v. Schley, 978 F. Supp. 870, 874-75 (E.D. Wis. 1997).” Applying the preponderance of the evidence burden to a concealment or misrepresentation defense, the Arizona Supreme Court concluded comports with sound reason and is supported by major commentators in the field. In fact, the Supreme Court pointed out that the Arizona Court of Appeals has held that the defense of arson, which by its nature may impute fraudulent representations to the insurer, must be proved only by a preponderance of the evidence.

Advent – Its Dual Nature https://new.americanprophet.org/advent-its-dual-nature/

MMOexp：College Football 25 A Mixed Review With the release of College Football 25, excitement was high among fans, some even going so far as to invest in new consoles just to get their hands on the game. As a long-time football video game enthusiast, I have experienced both highs and lows with this latest installment. While College Football 25 excels in on-field action and presentation, several off-field issues diminish the overall experience. Here’s a detailed look at what works, what doesn’t, and what might be improved. On-Field Excellence College Football 25 stands out with its impressive graphics and gameplay. EA Orlando has clearly put significant effort into making the on-field action as realistic and engaging as possible. The visuals are striking—players’ sweat, exceptional lighting, and detailed animations all contribute to a more immersive experience. Unique team intros, mascot celebrations, and cheerleader performances add to the game's personality, capturing the essence of college football's pageantry and tradition. Gameplay has also seen notable improvements. The game runs faster and smoother than its predecessors, with quicker plays and more nimble player movements. The revamped passing system offers a learning curve but rewards precision with a better mix of throw arc and accuracy. For those preferring the familiar Madden controls, they are still available. Throw power now impacts ball speed and force, while pump fakes have been enhanced for more realistic play. The addition of new features, such as 12 hot route options for receivers and improved custom stem options, further enriches gameplay. A small but significant quality of life change allows the game to automatically run down the clock when taking a knee in a mathematically over game. Underwhelming Modes and UI Issues Despite the strong on-field performance, College Football 25 falters significantly with its modes and user interface. The game offers several modes, including Play Now, Road to the College Football Playoffs, Road to Glory, Dynasty, and College Ultimate Team. However, many of these modes feel underdeveloped and lack depth. The UI, in particular, is a major disappointment. Key information about player wear and tear and stamina is poorly displayed, often making it hard to discern what’s happening on the field. The automated hat count from Madden is missing, and stamina indicators are represented by small, unclear icons. The UI issues extend to the in-game commentary and bugs, such as persistent hot spots in drills and inaccurate commentary, which detract from the overall experience. Road to Glory, while offering some fun with mini-games and player progression, becomes repetitive quickly. The lack of meaningful in-game cutscenes and limited play call options can make playing as a quarterback feel restrictive and frustrating. Dynasty mode, a highlight for many, also falls short. It offers a decent foundation for managing a team and recruiting players but becomes tedious due to its repetitive nature. The absence of direct player management or training makes the mode feel more like a series of menu tasks rather than an engaging coaching experience. Ultimate Team and Tutorials College Football 25’s focus on Ultimate Team, with its emphasis on microtransactions and slot machine mechanics, is a major point of contention. The replacement of the skills trainer with Ultimate Team challenges, which are more about monetization than education, is a step backward. The lack of useful tutorials and fundamental mechanics guidance means new players will likely have to seek outside resources to understand the game’s deeper systems. Conclusion College Football 25 offers a solid foundation with its engaging on-field action and impressive visuals. However, the game’s shortcomings in UI design, mode depth, and tutorial support prevent it from reaching its full potential. If you’re a fan of college football looking for a visually stunning and dynamically engaging game, you’ll find a lot to enjoy. However, if you’re expecting a well-rounded experience with robust modes and user-friendly design, you might be disappointed. As the game matures and future updates are released, there’s hope that some of these issues will be addressed. For now, College Football 25 stands as a game with great potential but also significant room for improvement. For more sports game reviews, check out our coverage of Top Spin 2K2 and F1 Manager 2024. For everything else in gaming, keep it here at IGN. MMOexp.com provide the safest and cheapest College Football 25 Coins service.

It has become ever more evident to me that we are to be given a great popular national Church, whose nature cannot be reconciled with Christianity, and that we must prepare our minds for the entirely new paths which we shall then have to follow. The question is really: Christianity or Germanism? And the sooner the conflict is revealed in the clear light of day the better. --Dietrich Bonhoeffer

Op-ed: Fixing America's Public Schools By: Diane Sori / The Patriot Factor / Right Side Patriots / Right Side Patriots Radio https://thepatriotfactor.blogspot.com/2024/12/op-ed-fixing-americas-public-schools-by.html ...the act of teaching...has morphed into indoctrination of a decidedly political one-sided nature. Basics like English, math, science, and history have been corrupted by a by a curriculum... loaded down with political ideologies based not upon proven facts and tangible realities, but upon the agendas of whichever political party is in power at any given time...

TUCKER CARLSON: PFIZER NEEDS TO BE SUED FOR WHAT THEY'VE DONE TO HUMANITY | REDACTED NEWS Well sure, immunity for these #Criminals is a criminally negligent act of "government" But you need to understand.... THIS PARTICULAR #GENOCIDE JAB was produced for the #DOD the #DepartmentOfDefense That is correct, the "United States Government" created this WEAPON! And the #Corporation of the United States and it's DOD employees need to be held accountable for their personal genocide! The DOD hired these bio-tech companies to produce their "#Vaccine" DEATH JABS Which are not vaccines, but weapons! They hired out production of these weapons, gave the people producing them immunity, and killed an awful lot of people! If no Justice is served here, which it won't be, it perfectly illustrates the criminal nature of what you call "government" (And I call an #Evil Corporation) https://old.bitchute.com/video/Fvw82zCKm18q/

RICK MIRACLE VIDEO LIBRARY #159, 2021 VIDEO, THE 2020 ECONOMIC CRISIS, GLOBAL POVERTY, UNEMPLOYMENT ALL that you need to comprehend is that EVERY SUPPOSED "#Government" on earth is in reality run by the SAME PEOPLE, who are members of "Secret Societies" that worship the "god of this world" #Satan Once you understand this, and clearly recognize their motives are NOT to help mankind, but instead to DESTROY MANKIND, then you might understand their actions! As long as you continue believing that "They are stupid" you'll be their victim! THEY ARE NOT STUPID! They simply want to KILL and ENSLAVE YOU! This is why their "policies" are always HARMFUL, always anti-human, always #Evil, always designed to harm you, your property & property rights, and your children You MUST comprehend these people are NOT even attempting to "eliminate problems"... Their intentions are to CREATE PROBLEMS that they can then get YOU to "Demand their pre-planned solution" for..... Political #Parasites are servants of #Satan! The two-party system itself is SATANIC! The "Maritime Admiralty Law" slave system our "courts" use, better known as the "Legal System" are Satanic also! The word "Legal" literally means "AGAINST YHWH'S LAW" And do not ignore the FACT that they even SHOW YOU the Satanic, idol worshiping nature of this system by displaying "Lady Justice" (A #Pagan false deity) in EVERY COURT and is used to represent the "legal system" itself! STOP PARTICIPATING IN THIS SATANIC SYSTEM!!! DEMAND that it be shut down and discontinued to exist via YOUR CONSENT! Without YOUR CONSENT none of these Satanic systems can exist!!! So REVOKE your consent right now! REVOKE both express and "Implied Consent" to giving these systems jurisdiction over you! Because these systems DO REQUIRE your consent! https://old.bitchute.com/video/G9t7l5HojK4G/

WARNING! THIS IS POWERFUL! THE SCIENCE BEHIND GRAFTING INTO THE OLIVE TREE The Father's work is amazing! MAN thinking he has "become as gods" and thinking he is a "creator" of anything is a PATHETIC, laughable, joke! And it's blasphemous besides! The Father is the ONLY "Creator" in this story folks! And His creation is truly AMAZING! His signature is on ALL OF CREATION! https://youtu.be/NnVNG830HYw

🎬 Norway #norwaynature #norwaysworld #norwayday