• Remember:
    They try to pass tyranny in the form of CRs and it’s done in the dark, after hours and during preparation for holiday recess.
    It’s purposeful deceit.
    Trump, Musk and Ramaswamy will put an end to this practice.
    Believe it.
    Remember: They try to pass tyranny in the form of CRs and it’s done in the dark, after hours and during preparation for holiday recess. It’s purposeful deceit. Trump, Musk and Ramaswamy will put an end to this practice. Believe it.
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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    Fourth: Riaz’s license to practice dentistry was revoked, and she filed the complaint at issue in this case.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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  • 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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  • Intent to Move is not a Residence

    Residence Premises Requires the Insured to Live in Residence

    Post 4944

    Read the full article at https://www.linkedin.com/pulse/intent-move-residence-barry-zalma-esq-cfe-qmlxc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts.

    In Paul Villalobos v. Clear Blue Insurance Company, No. 24-20125, United States Court of Appeals, Fifth Circuit (December 10, 2024) the the Fifth Circuit affirmed the district court’s dismissa of Plaintiff-Appellant Paul Villalobos’s breach of contract claim following a coverage dispute between himself and his insurer, Clear Blue Insurance Company, because he admitted he did not live in the insured premises.

    FACTS

    Villalobos is named on a Clear Blue homeowners’ policy, which provides coverage for property located at 7503 Muirwood Lane in Houston, Texas (the “Property”). The policy’s “Property Coverages” section states in pertinent part: “We cover . . . [t]he dwelling on the ‘residence premises’ shown in the Declarations.” The policy defines “residence premises,” also in pertinent part, as “[t]he one-family dwelling where you reside . . . on the inception date of the policy period shown in the Declarations.” The Declarations page lists Villalobos as the insured, his mailing address as the Property, and the inception date as September 21, 2021.

    In mid-November 2021, Villalobos reported to Clear Blue that wind and hail had damaged the Property’s roof earlier that month. Clear Blue denied coverage after Villalobos admitted he lived in Colorado and had never resided at the Property.

    Villalobos sued Clear Blue, alleging breach of contract, breach of the duty of good faith and fair dealing, violations of the Texas Deceptive Trade Practices Act and the Texas Insurance Code, fraud, and ongoing conspiracy to commit illegal acts.

    ANALYSIS

    During his deposition, Villalobos testified that he lived in Colorado for over nine years and did not reside at the Property when the Clear Blue policy went into effect. Clear Blue moved for summary judgment on Villalobos’s claims, arguing there was no insurance coverage for Villalobos’s property damage as a matter of law.

    Applying Louisiana law, the Fifth Circuit has previously determined that an identical residence requirement in a homeowners’ insurance policy required “more than purchasing a home or intending to move into it.” GeoVera Specialty Ins. Co. v. Joachin, 964 F.3d 390, 393 (5th Cir. 2020).

    Applying Joachin the Fifth Circuit agreed with the district court that the Property did not satisfy the policy’s residence requirement and was not a covered “residence premises” because: it is undisputed that Villalobos did not reside on the Property on the inception date of the Clear Blue policy; and
    Villalobos’s only material argument on appeal is that he intended to move onto the Property.

    Joachin held that “intending to move” is not enough. The Fifth Circuit concluded that there is no coverage under the policy. Accordingly, Villalobos’s breach of contract claim failed and the USDC’s judgment was affirmed.

    ZALMA OPINION

    That something as obvious as a home in Texas cannot be the residence premises of a person who lives full time in Colorado. Insurers issue property insurance policies providing coverage similar to a homeowners policy to the owner of a rental property while a homeowners policy limits coverage to the person who actually resides at the property. That this case went to the Fifth Circuit was the waste of Plaintiff’s time and money, the waste of the time of the trial court, and the waste of the time of the Fifth Circuit who rendered a concise and clear opinion. A less kind judge or appellate court would have imposed sanctions on the party plaintiff and his counsel.

    (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
    Intent to Move is not a Residence Residence Premises Requires the Insured to Live in Residence Post 4944 Read the full article at https://www.linkedin.com/pulse/intent-move-residence-barry-zalma-esq-cfe-qmlxc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. In Paul Villalobos v. Clear Blue Insurance Company, No. 24-20125, United States Court of Appeals, Fifth Circuit (December 10, 2024) the the Fifth Circuit affirmed the district court’s dismissa of Plaintiff-Appellant Paul Villalobos’s breach of contract claim following a coverage dispute between himself and his insurer, Clear Blue Insurance Company, because he admitted he did not live in the insured premises. FACTS Villalobos is named on a Clear Blue homeowners’ policy, which provides coverage for property located at 7503 Muirwood Lane in Houston, Texas (the “Property”). The policy’s “Property Coverages” section states in pertinent part: “We cover . . . [t]he dwelling on the ‘residence premises’ shown in the Declarations.” The policy defines “residence premises,” also in pertinent part, as “[t]he one-family dwelling where you reside . . . on the inception date of the policy period shown in the Declarations.” The Declarations page lists Villalobos as the insured, his mailing address as the Property, and the inception date as September 21, 2021. In mid-November 2021, Villalobos reported to Clear Blue that wind and hail had damaged the Property’s roof earlier that month. Clear Blue denied coverage after Villalobos admitted he lived in Colorado and had never resided at the Property. Villalobos sued Clear Blue, alleging breach of contract, breach of the duty of good faith and fair dealing, violations of the Texas Deceptive Trade Practices Act and the Texas Insurance Code, fraud, and ongoing conspiracy to commit illegal acts. ANALYSIS During his deposition, Villalobos testified that he lived in Colorado for over nine years and did not reside at the Property when the Clear Blue policy went into effect. Clear Blue moved for summary judgment on Villalobos’s claims, arguing there was no insurance coverage for Villalobos’s property damage as a matter of law. Applying Louisiana law, the Fifth Circuit has previously determined that an identical residence requirement in a homeowners’ insurance policy required “more than purchasing a home or intending to move into it.” GeoVera Specialty Ins. Co. v. Joachin, 964 F.3d 390, 393 (5th Cir. 2020). Applying Joachin the Fifth Circuit agreed with the district court that the Property did not satisfy the policy’s residence requirement and was not a covered “residence premises” because: it is undisputed that Villalobos did not reside on the Property on the inception date of the Clear Blue policy; and Villalobos’s only material argument on appeal is that he intended to move onto the Property. Joachin held that “intending to move” is not enough. The Fifth Circuit concluded that there is no coverage under the policy. Accordingly, Villalobos’s breach of contract claim failed and the USDC’s judgment was affirmed. ZALMA OPINION That something as obvious as a home in Texas cannot be the residence premises of a person who lives full time in Colorado. Insurers issue property insurance policies providing coverage similar to a homeowners policy to the owner of a rental property while a homeowners policy limits coverage to the person who actually resides at the property. That this case went to the Fifth Circuit was the waste of Plaintiff’s time and money, the waste of the time of the trial court, and the waste of the time of the Fifth Circuit who rendered a concise and clear opinion. A less kind judge or appellate court would have imposed sanctions on the party plaintiff and his counsel. (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
    WWW.LINKEDIN.COM
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  • Thursday, December 12, 2024
    Bishop Robert Barron
    Cycle C
    Feast
    Advent
    2nd wk of Advent
    Our Lady of Guadalupe

    Bible References

    Luke 1:26-38,
    Luke 1:39-47

    Friends, today we celebrate the great feast of Our Lady of Guadalupe. What followed the apparition of Mary at Tepeyac is one of the most astounding chapters in the history of Christian evangelism.

    Though Franciscan missionaries had been laboring in Mexico for twenty years, they had made little progress. But within ten years of the appearance of Our Lady of Guadalupe practically the entire Mexican people, nine million strong, had converted to Christianity. Our Lady of Guadalupe had proved a more effective evangelist than Peter, Paul, St. Patrick, and St. Francis Xavier combined! And with that great national conversion, the Aztec practice of human sacrifice came to an end. She had done battle with fallen spirits and had won a culture-changing victory for the God of love.

    The challenge for us who honor her today is to join the same fight. We must announce to our culture today the truth of the God of Israel, the God of Jesus Christ, the God of nonviolence and forgiving love. And we ought, like Our Lady of Guadalupe, to be bearers of Jesus to a world that needs him more than ever.

    Gospel Reflections

    Meditate on Daily Gospel Reflections from Bishop Robert Barron
    Thursday, December 12, 2024 Bishop Robert Barron Cycle C Feast Advent 2nd wk of Advent Our Lady of Guadalupe Bible References Luke 1:26-38, Luke 1:39-47 Friends, today we celebrate the great feast of Our Lady of Guadalupe. What followed the apparition of Mary at Tepeyac is one of the most astounding chapters in the history of Christian evangelism. Though Franciscan missionaries had been laboring in Mexico for twenty years, they had made little progress. But within ten years of the appearance of Our Lady of Guadalupe practically the entire Mexican people, nine million strong, had converted to Christianity. Our Lady of Guadalupe had proved a more effective evangelist than Peter, Paul, St. Patrick, and St. Francis Xavier combined! And with that great national conversion, the Aztec practice of human sacrifice came to an end. She had done battle with fallen spirits and had won a culture-changing victory for the God of love. The challenge for us who honor her today is to join the same fight. We must announce to our culture today the truth of the God of Israel, the God of Jesus Christ, the God of nonviolence and forgiving love. And we ought, like Our Lady of Guadalupe, to be bearers of Jesus to a world that needs him more than ever. Gospel Reflections Meditate on Daily Gospel Reflections from Bishop Robert Barron
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  • Luigi Mangione's Shady Connections With Nancy Pelosi
    Luigi Mangione, the 26-year-old arrested for allegedly shooting the CEO of United Healthcare in the back outside a New York hotel, reportedly stopped responding to friends and family over the last several months.

    'It had to be done': Luigi Mangione left 'disturbing' message in manifesto.

    Nancy Pelosi and her brother, Thomas D'Alesandro III, are connected to Luigi Mangione, the murder suspect in the death of United Healthcare CEO Brian Thompson, through his grandfather, Nicholas Mangione.

    In a 1989 Washington Post article, D'Alesandro, the former mayor of Baltimore, defended grandfather Nicholas Mangione's reputation, calling him "big hearted" despite investigations into human rights violations and regulatory shortcuts tied to his business practices.

    The plot thickens because Nancy Pelosi made a suspicious stock trade the same day United Healthcare had a cyber attack, and the company she traded in was chosen to investigate the breach.
    More information BELOW THE VIDEO on Rumble.
    https://rumble.com/v5y5kmt-luigi-mangiones-shady-connections-with-nancy-pelosi.html
    Luigi Mangione's Shady Connections With Nancy Pelosi Luigi Mangione, the 26-year-old arrested for allegedly shooting the CEO of United Healthcare in the back outside a New York hotel, reportedly stopped responding to friends and family over the last several months. 'It had to be done': Luigi Mangione left 'disturbing' message in manifesto. Nancy Pelosi and her brother, Thomas D'Alesandro III, are connected to Luigi Mangione, the murder suspect in the death of United Healthcare CEO Brian Thompson, through his grandfather, Nicholas Mangione. In a 1989 Washington Post article, D'Alesandro, the former mayor of Baltimore, defended grandfather Nicholas Mangione's reputation, calling him "big hearted" despite investigations into human rights violations and regulatory shortcuts tied to his business practices. The plot thickens because Nancy Pelosi made a suspicious stock trade the same day United Healthcare had a cyber attack, and the company she traded in was chosen to investigate the breach. More information BELOW THE VIDEO on Rumble. https://rumble.com/v5y5kmt-luigi-mangiones-shady-connections-with-nancy-pelosi.html
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  • Why insurance companies prefer paintless dent repair for hail damage claims

    Today, we're diving into the benefits of paintless dent repair, also known as PDR, for dealing with hail damage and why insurance companies are big fans of this method.

    First off, PDR is a cost-efficient approach that saves on labor and materials, cutting down expenses compared to traditional repair methods. It's a streamlined process that avoids the need for repainting or replacing parts, making it quicker and more resource friendly. One key Advantage is how PDR preserves the original paint of your vehicle, keeping it in pristine condition and maintaining its resale value. By not having to repaint entire panels, you save money and ensure your car holds its worth over time. This technique is non-invasive, using specialized tools to massage dents out from the inside without affecting the structural Integrity of your vehicle. Insurance companies love PDR for its efficiency in restoring vehicles quickly, reducing claim costs and helping policy holders get back on the road faster. It's a win-win, as it not only saves money but also aligns with sustainable practices by cutting down on waste and carbon emissions. With PDR, you can ensure high quality repairs without the need for traditional bodywork, contributing to a greener automotive industry overall.

    Visit hail damage repair page here https://www.coloradopdr.com/hail-damage-repair-denver/
    Why insurance companies prefer paintless dent repair for hail damage claims Today, we're diving into the benefits of paintless dent repair, also known as PDR, for dealing with hail damage and why insurance companies are big fans of this method. First off, PDR is a cost-efficient approach that saves on labor and materials, cutting down expenses compared to traditional repair methods. It's a streamlined process that avoids the need for repainting or replacing parts, making it quicker and more resource friendly. One key Advantage is how PDR preserves the original paint of your vehicle, keeping it in pristine condition and maintaining its resale value. By not having to repaint entire panels, you save money and ensure your car holds its worth over time. This technique is non-invasive, using specialized tools to massage dents out from the inside without affecting the structural Integrity of your vehicle. Insurance companies love PDR for its efficiency in restoring vehicles quickly, reducing claim costs and helping policy holders get back on the road faster. It's a win-win, as it not only saves money but also aligns with sustainable practices by cutting down on waste and carbon emissions. With PDR, you can ensure high quality repairs without the need for traditional bodywork, contributing to a greener automotive industry overall. Visit hail damage repair page here https://www.coloradopdr.com/hail-damage-repair-denver/
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  • https://nypost.com/2024/12/02/us-news/cuomo-committed-medical-malpractice-during-covid-crisis-house-report/
    https://nypost.com/2024/12/02/us-news/cuomo-committed-medical-malpractice-during-covid-crisis-house-report/
    NYPOST.COM
    Andrew Cuomo committed ‘medical malpractice’ during deadly COVID crisis, House report finds
    Ex-Governor Andrew Cuomo committed “medical malpractice” and publicly undercounted the total number of COVID-related nursing home resident deaths during the worst period of the killer p???
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  • Former New York Governor Andrew Cuomo found to have committed “medical malpractice” related to the nursing home deaths during the Covid-19 pandemic, according to newly released final House investigative report on the Coronavirus pandemic.
    LOCK HIM UP.
    Former New York Governor Andrew Cuomo found to have committed “medical malpractice” related to the nursing home deaths during the Covid-19 pandemic, according to newly released final House investigative report on the Coronavirus pandemic. LOCK HIM UP.
    0 Comments 0 Shares 505 Views

  • In the blink of an eye, the procedure changed into the following: mine ores make smelt of ore to forge bronze daggers chicken execution, then sell the rest to the greedy clerk at the shop, and use the cash to buy tools. And on and so forth it goes on. As of now I've consumed all the energy drinks available I have available. I've never had to fight this intensely in my entire life to get rid of chickens. I took another bottle of red bull, knowing it could be quite a, hard night.

    As a kid I didn't experience that tight loop Jagex has created with their world. Everything worked. I did not realize that the shopkeeper took away of your hard-earned chicken breasts, because before were I an ordinary account I would have traded them to another user at a price ten times greater than. Being an ironman, you must master the mechanics of each skill to build.

    I had my second revelation after I became bored of the chickens and set out to develop my archery ability: "Ranged." I focused on the job to be completed, using the money I received from my shopkeeper, I purchased a bronze hatchet at the Lumbridge Axe store. I then cut down a nearby tree. wood is checked. After that, I returned at the store's general department. I believe that the storekeeper was expecting me. The shopkeeper's robe smelled of chicken from his lunch, and he smiled his evil, corrupted grin. Unwillingly, I spent the rest portion of my coins to purchase an instrument: required to flytch to my bow. Fletching and checking.

    There was the bow's husk that began to form the next item to my wish list were flax from the nearby fields, and the spinning wheel so that I could construct the bowstring. Within a short time I had my own bow, and I sat on my couch for an while with a smile in my eyes. I was starting to realize the game's concept all about. There is a lot of satisfaction when you earn your living from this game. If I had played an account that was normal, the procedure could have been streamlined to purchasing the bow from the Grand Exchange and carrying on my way.

    I did not realize until later that the making of a bow required use of a variety of abilities: woodcutting to make an ax, farming to harvest the flax, then fletching to make the bow, and connect the bowstring. Then came the next goal of my archery instruction and ammunition. Then my practice changed into mines for minerals, making smiths for the making of arrowheads and then fletching to make the design of archers. Even my blood feud with the chickens paid off when they produced feathers to make my archers.

    Within the first couple of hours, my perspective of the game shifted into more expansive. The game's mechanics in the Ironman mode appear to be targeted towards experienced players who have a long time ago finished their end-game content and are looking for new challenges. This is not to say that the game aren't played and loved by everyone both old and new. I must take my bow to Jagex for this The mechanic operates in ways I didn't comprehend until I experienced it.

    As a senile old man who is enjoying watching the scenery, I could not avoid noticing the accomplishments of the company. The ability to create your own way across Gielinor is a far enjoyable experience when you realize that the only way to achieve it is due to your own determination and perseverance. It's a refreshing change from an old game that's been in existence for a long time. The mechanic has also made me think on other MMO's. Is an ironman-inspired system applied to other games of the genre?

    The answer is complex. The mechanic is able to work across a variety of games so long as they meet the right elements in their game to support the player base, for instance, the game could require a variety of skills that players to put their time into and crafting systems. I think this method is particularly effective for Runescape due to its tightly knit game world as well as its loopable mechanism.
    Rsorder.com: The most professional site to Buy OSRS Gold/RS3 Gold, items, accounts, power leveling, and questing services.
    In the blink of an eye, the procedure changed into the following: mine ores make smelt of ore to forge bronze daggers chicken execution, then sell the rest to the greedy clerk at the shop, and use the cash to buy tools. And on and so forth it goes on. As of now I've consumed all the energy drinks available I have available. I've never had to fight this intensely in my entire life to get rid of chickens. I took another bottle of red bull, knowing it could be quite a, hard night. As a kid I didn't experience that tight loop Jagex has created with their world. Everything worked. I did not realize that the shopkeeper took away of your hard-earned chicken breasts, because before were I an ordinary account I would have traded them to another user at a price ten times greater than. Being an ironman, you must master the mechanics of each skill to build. I had my second revelation after I became bored of the chickens and set out to develop my archery ability: "Ranged." I focused on the job to be completed, using the money I received from my shopkeeper, I purchased a bronze hatchet at the Lumbridge Axe store. I then cut down a nearby tree. wood is checked. After that, I returned at the store's general department. I believe that the storekeeper was expecting me. The shopkeeper's robe smelled of chicken from his lunch, and he smiled his evil, corrupted grin. Unwillingly, I spent the rest portion of my coins to purchase an instrument: required to flytch to my bow. Fletching and checking. There was the bow's husk that began to form the next item to my wish list were flax from the nearby fields, and the spinning wheel so that I could construct the bowstring. Within a short time I had my own bow, and I sat on my couch for an while with a smile in my eyes. I was starting to realize the game's concept all about. There is a lot of satisfaction when you earn your living from this game. If I had played an account that was normal, the procedure could have been streamlined to purchasing the bow from the Grand Exchange and carrying on my way. I did not realize until later that the making of a bow required use of a variety of abilities: woodcutting to make an ax, farming to harvest the flax, then fletching to make the bow, and connect the bowstring. Then came the next goal of my archery instruction and ammunition. Then my practice changed into mines for minerals, making smiths for the making of arrowheads and then fletching to make the design of archers. Even my blood feud with the chickens paid off when they produced feathers to make my archers. Within the first couple of hours, my perspective of the game shifted into more expansive. The game's mechanics in the Ironman mode appear to be targeted towards experienced players who have a long time ago finished their end-game content and are looking for new challenges. This is not to say that the game aren't played and loved by everyone both old and new. I must take my bow to Jagex for this The mechanic operates in ways I didn't comprehend until I experienced it. As a senile old man who is enjoying watching the scenery, I could not avoid noticing the accomplishments of the company. The ability to create your own way across Gielinor is a far enjoyable experience when you realize that the only way to achieve it is due to your own determination and perseverance. It's a refreshing change from an old game that's been in existence for a long time. The mechanic has also made me think on other MMO's. Is an ironman-inspired system applied to other games of the genre? The answer is complex. The mechanic is able to work across a variety of games so long as they meet the right elements in their game to support the player base, for instance, the game could require a variety of skills that players to put their time into and crafting systems. I think this method is particularly effective for Runescape due to its tightly knit game world as well as its loopable mechanism. Rsorder.com: The most professional site to Buy OSRS Gold/RS3 Gold, items, accounts, power leveling, and questing services.
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