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May 13, 2025
When You File Suit Late You Lose

Private Limitation of Action Provision Defeats Suit Against Insurer
Post 5072

See the full video at https://lnkd.in/g_8AU-NK and at https://lnkd.in/gWzCpUZB, and at https://zalma.com/blog plus more than 5050 posts.

In Vishnudut Ramyead et al. v. State Farm General Insurance Company, B329614, California Court of Appeals, Second District, Second Division (April 29, 2025) resolved a purported class action suit because it was filed late.

After their personal property suffered water damage, plaintiffs and appellants Vishnudut and Teika Ramyead (collectively, plaintiffs) submitted a claim to their property insurer, defendant and respondent State Farm General Insurance Company (State Farm). State Farm paid plaintiffs a total of $750.75. Dissatisfied with State Farm’s handling of their claim, plaintiffs filed a class action lawsuit against State Farm, bringing causes of action for alleged violations of the unfair competition law and declaratory relief.

The trial court granted State Farm’s motion for summary judgment.

FACTS AND PROCEDURAL BACKGROUND

Plaintiffs took out a homeowner’s insurance policy with State Farm, effective for one year from February 17, 2018.

The policy established that, in accordance with state law, “[n]o action shall be brought” against State Farm “unless there has been compliance with the policy provisions. The action must be started within one year after the date of loss or damage.”

Plaintiffs’ Claim

On May 8, 2018, a leaking water supply line damaged plaintiffs’ property, including a sofa and ottoman in an adjacent bedroom. On May 10, 2018, plaintiffs’ attorneys filed a claim with State Farm. They reported that the value of the sofa and ottoman was $2,500 and $1,000, respectively; both pieces were about 20 years old.

Complaint

On February 19, 2020, plaintiffs filed a class action against State Farm. Their operative first amended complaint (FAC) set forth two causes of action: (1) violations of the unfair competition law and (2) declaratory relief.

The FAC alleged that State Farm violated California law by adding sales tax to the retail price of personal property before finding and subtracting the property’s depreciated value. Plaintiffs contended that this practice effectively depreciates sales tax, “a non-depreciable item” under section 2051 and related regulations. As a result, State Farm wrongly withheld “money that is owed to [p]laintiffs and those other insureds similarly situated.” Among other things, the FAC sought “disgorgement of all sums unjustly obtained” by State Farm, and “restitution to plaintiffs” and other policyholders.

State Farm’s Motion for Summary Judgment and Plaintiffs’ Opposition

In December 2022, State Farm moved for summary judgment, arguing that (1) plaintiffs’ claims were untimely because they were brought after the one-year limitations period, and (2) as a matter of law, section 2051 does not prohibit depreciation of sales tax. The trial court granted State Farm’s motion for summary judgment.

The trial court ruled that plaintiffs’ claims are indisputably untimely. Because plaintiffs’ claims for unfair competition and declaratory relief seek to recover amounts they contend State Farm should have included in their payment under the policy and California law their claims are on the policy for purposes of the one year limitation contained in their policy.

Moreover, the trial court found that section 2051 and related regulations do not bar an insurer from depreciating sales tax when calculating the actual cash value of personal property.

DISCUSSION

The expiration of the applicable statute of limitations or private limitation of action provision is a complete defense. If the movant presents evidence establishing the defense and plaintiff did not effectively dispute any of the relevant facts, summary judgment was properly granted.

Plaintiffs’ Lawsuit is Barred by the Applicable Statute of Limitations

The parties disagree about which statute of limitations applies to plaintiffs’ lawsuit. Plaintiffs contend that it falls under the four-year period of limitations governing the unfair competition law.

The One-Year Statute Of Limitations Applies To Plaintiffs’ Lawsuit

The Court of Appeals held that section 2071 is concerned with causes of action that in some manner seek a financial recovery attributable to a claimed loss that was covered under a policy.

In the First Amended Complaint (FAC), plaintiffs request not just declaratory and injunctive relief, but also the return of money that, per plaintiffs, State Farm unlawfully withheld from the amount owed on their claim.
Plaintiffs’ Lawsuit Is Time Barred

Three dates are used to ascertain whether a plaintiff filed suit within section 2071’s one-year limitations period.

1. The limitations period starts running on the date that the insured discovers a loss to covered property. In this case, plaintiffs discovered the damage to their furniture on May 8, 2018.
2. the clock stops running on the date that the insured reports the claim. Plaintiffs submitted a claim to State Farm on May 10, 2018.
3. the limitations period resumes running on the date that the insurer closes its investigation into the insured’s claim.

Plaintiffs’ lawsuit was untimely. The limitations period began running on May 8, 2018. Plaintiffs stopped the clock two days later, when they filed their claim on May 10, 2018. At this point, two days of their one-year limitations period had already elapsed. Thus, from the date State Farm closed its investigation, plaintiffs had one year, less two days, to file suit.

Assuming that State Farm closed the investigation on November 14, 2018, plaintiffs would have had until November 12, 2019, to sue. If State Farm did not close the investigation until February 19, 2019, then plaintiffs had until February 17, 2020. But they did not file this lawsuit until February 19, 2020-two days after the last date on which the statute of limitations could have expired.

Because State Farm successfully established that the applicable statute of limitations bars plaintiffs’ lawsuit, and plaintiffs did not effectively dispute any of the relevant facts, the Court of Appeals affirmed summary judgment in State Farm’s favor.

The judgment was affirmed. State Farm is entitled to costs on appeal.

ZALMA OPINION

Private Limitation of Action provisions have existed in insurance policies since the turn of the 20th Century with the New York Standard Fire Insurance policy. California case law tolled the running of the limitation while the insurer adjusted the claim and started it running again when they were done. The plaintiffs failed to even file timely with the delay and lost.

(c) 2025 Barry Zalma & ClaimSchool, Inc.

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00:09:37
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Supreme Court of Louisiana Removes Judge

Judge Who Lied to Get Elected Cannot Serve

In In Re: Judge Tiffany Foxworth-Roberts, No. 2025-O-01127, Supreme Court of Louisiana (December 11, 2025) the Louisiana Supreme Court in an opinion by Chief Justice Weimer dealt with the recommendation of the Judiciary Commission of Louisiana (Commission) that Judge Tiffany Foxworth-Roberts be removed from office for:

1. making false and misleading statements regarding her judicial campaigns;
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Montana Lawyer Commits Insurance Fraud and Receives Minimal Punishment

Montana County Attorney Admits to Insurance Fraud & Is Only Suspended from Practice for 60 Days
Post 5251

Read the full article at https://lnkd.in/gnBaCjmv, see the video at https://lnkd.in/gfpVsyAd and at https://lnkd.in/gC73Nd8z, and at https://zalma.com/blog plus more than 5250 posts.

A Lawyer Who Commits Insurance Fraud and Pleas to a Lower Charge Only Suspended

In The Matter Of: Naomi R. Leisz, Attorney at Law, No. PR 25-0150, Supreme Court of Montana (December 23, 2025) the Montana Office of Disciplinary Counsel (ODC) filed a formal disciplinary complaint with the Commission on Practice (Commission) against Montana attorney Naomi R. Leisz.

On September 25, 2025, Leisz tendered a conditional admission and affidavit of consent. Leisz acknowledged the material facts of the complaint were true and she had violated the Montana Rules of Professional Conduct as alleged by ODC.

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Leisz admitted that in April 2022, her minor son was involved in a car accident in which he hit a power pole. Leisz’s son ...

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December 30, 2025
Montana Lawyer Commits Insurance Fraud and Receives Minimal Punishment

Montana County Attorney Admits to Insurance Fraud & Is Only Suspended from Practice for 60 Days
Post 5251

Read the full article at https://lnkd.in/gnBaCjmv, see the video at https://lnkd.in/gfpVsyAd and at https://lnkd.in/gC73Nd8z, and at https://zalma.com/blog plus more than 5250 posts.

A Lawyer Who Commits Insurance Fraud and Pleas to a Lower Charge Only Suspended

In The Matter Of: Naomi R. Leisz, Attorney at Law, No. PR 25-0150, Supreme Court of Montana (December 23, 2025) the Montana Office of Disciplinary Counsel (ODC) filed a formal disciplinary complaint with the Commission on Practice (Commission) against Montana attorney Naomi R. Leisz.

On September 25, 2025, Leisz tendered a conditional admission and affidavit of consent. Leisz acknowledged the material facts of the complaint were true and she had violated the Montana Rules of Professional Conduct as alleged by ODC.

ADMISSIONS

Leisz admitted that in April 2022, her minor son was involved in a car accident in which he hit a power pole. Leisz’s son ...

00:08:27
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“Sudden” is the Opposite of “Gradual”

Court Must Follow Judicial Precedent
Post 5252

Read the full article at https://www.linkedin.com/pulse/sudden-opposite-gradual-barry-zalma-esq-cfe-h7qmc, see the video at and at and at https://zalma.com/blog plus more than 5250 posts.

Insurance Policy Interpretation Requires Application of the Judicial Construction Doctrine

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December 29, 2025
Doctor Accused of Insurance Fraud Sues Insurer Who Accused Him

Lack of Jurisdiction Defeats Suit for Defamation

Post 5250

Posted on December 29, 2025 by Barry Zalma

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He Who Represents Himself in a Lawsuit has a Fool for a Client

In Pankaj Merchia v. United Healthcare Services, Inc., Civil Action No. 24-2700 (RC), United States District Court, District of Columbia (December 22, 2025)

FACTUAL BACKGROUND
Parties & Claims:

The plaintiff, Pankaj Merchia, is a physician, scientist, engineer, and entrepreneur, proceeding pro se. Merchia sued United Healthcare Services, Inc., a Minnesota-based medical insurance company, for defamation and related claims. The core allegation is that United Healthcare falsely accused Merchia of healthcare fraud, which led to his indictment and arrest in Massachusetts, causing reputational and business harm in the District of Columbia and nationwide.

Underlying Events:

The alleged defamation occurred when United ...

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December 15, 2025
Zalma’s Insurance Fraud Letter – December 15, 2025

Zalma’s Insurance Fraud Letter

Read the full article at https://lnkd.in/dG829BF6; see the video at https://lnkd.in/dyCggZMZ and at https://lnkd.in/d6a9QdDd.

ZIFL Volume 29, Issue 24

Subscribe to the e-mail Version of ZIFL, it’s Free! https://visitor.r20.constantcontact.com/manage/optin?v=001Gb86hroKqEYVdo-PWnMUkcitKvwMc3HNWiyrn6jw8ERzpnmgU_oNjTrm1U1YGZ7_ay4AZ7_mCLQBKsXokYWFyD_Xo_zMFYUMovVTCgTAs7liC1eR4LsDBrk2zBNDMBPp7Bq0VeAA-SNvk6xgrgl8dNR0BjCMTm_gE7bAycDEHwRXFAoyVjSABkXPPaG2Jb3SEvkeZXRXPDs%3D

Zalma’s Insurance Fraud Letter (ZIFL) continues its 29th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year by ClaimSchool and is written by Barry Zalma. It is provided FREE to anyone who visits the site at http://zalma.com/zalmas-insurance-fraud-letter-2/

Zalma’s Insurance Fraud Letter

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