To Prove Fraud Material False Statements Must be Proved

Post number 5389

Posted on July 8, 2026 by Barry Zalma

See the video at and at

Materiality Must Be Judged Objectively.

In People Of The State Of California Ex Rel. Heath & Yuen, APC v. Silver Bird Auto Leasing, LLC et al., B342847, California Court of Appeals, Second District, Eighth Division (June 5, 2026) Heath & Yuen, APC defended a tour van driver and related defendants in an underlying auto-collision action brought by Silver Bird Auto Leasing, LLC after a low-speed collision involving Silver Bird’s McLaren and a tour van.

Silver Bird alleged the McLaren was making a legal turn and sought damages including repair costs, loss of use, and diminution in value. The defendants’ insurer later became insolvent, and CIGA took over the defense and ultimately paid $25,000 to settle the underlying action.

After settlement, Heath & Yuen filed a ...

To Prove Fraud Material False Statements Must be Proved

Post number 5389

Posted on July 8, 2026 by Barry Zalma

See the video at and at

Materiality Must Be Judged Objectively.

In People Of The State Of California Ex Rel. Heath & Yuen, APC v. Silver Bird Auto Leasing, LLC et al., B342847, California Court of Appeals, Second District, Eighth Division (June 5, 2026) Heath & Yuen, APC defended a tour van driver and related defendants in an underlying auto-collision action brought by Silver Bird Auto Leasing, LLC after a low-speed collision involving Silver Bird’s McLaren and a tour van.

Silver Bird alleged the McLaren was making a legal turn and sought damages including repair costs, loss of use, and diminution in value. The defendants’ insurer later became insolvent, and CIGA took over the defense and ultimately paid $25,000 to settle the underlying action.

After settlement, Heath & Yuen filed a ...

Arsonist Tried To Represent Himself, Failed, and Sought Habeas Relief

Post number 5357

Read the full article at https://www.linkedin.com/pulse/he-who-acts-his-own-lawyer-has-idiot-client-barry-zalma-esq-cfe-d4bwc, See the full video at and at and at https://zalma.com/blog.

Karacson’s Arson for Profit Attempt Required Skill & Experience to Succeed

In Steve Ellis Karacson v. David Shaver, Warden, No. 25-1089, United States Court of Appeals, Sixth Circuit (May 20, 2026) Steve Karacson was convicted in Michigan state court of arson and insurance fraud after evidence showed he burned his own insured home. Investigators found multiple points of origin, gasoline odor, and evidence tying him to the scene, including cell-phone location data and a receipt showing he had purchased a gas can and gloves shortly before the fire.

FACTS

Karacson initially had appointed counsel, but his relationships with both appointed attorneys ...

Plaintiff Representing Herself Failed to Allege Jurisdiction

Adverse Rulings Alone Almost Never Establish Bias

Post number 5392

Posted on July 10, 2026 by Barry Zalma

In Decheri Hafer v. Farmers Insurance Agency, No. 1:22-cv-0808 KES SKO, United States District Court, E.D. California (June 30, 2026) DeCheri Hafer, proceeding pro se, sued Farmers Insurance Agency alleging perjury, fraud, insurance fraud, and breach of contract.

After screening, the magistrate judge found the complaint deficient and allowed amendment. Plaintiff filed a first amended complaint objecting to all magistrate judges, while defendant moved to dismiss.

The magistrate judge recommended dismissal for lack of subject-matter jurisdiction because the amount in controversy was wholly unsubstantiated. Plaintiff did not object and instead sought default. The district court adopted the recommendation, dismissed the action without prejudice, denied default, entered judgment, and closed the case.

More than three years later, Plaintiff moved under Rule 60(b)(4) ...

Coverage for Damage to Vacant Dwelling Limited

Post number 5388

Vandalism Damage to Vacant Dwelling Excluded

Posted on July 7, 2026 by Barry Zalma

In Tyrone Williamson v. Farmers Insurance Co., 2026-Ohio-2530, C. A. No. 30717, Court of Appeals of Ohio, Second District, Montgomery (July 2, 2026) Tyrone Williamson owned a duplex in Dayton, Ohio that he rented as two separate units. While the units were unoccupied by tenants, break-ins occurred in February, March, and April 2024, causing damage to doors, windows, walls, plumbing, flooring, fencing, lighting, a ceiling fan, grass, and other parts of the property, and resulting in the theft of items including tools, generators, a power washer, an air-conditioning unit, car wheels, and a radio.

Farmers Insurance paid approximately $17,000 for some damage from the first break-in but denied other claimed losses, including additional property damage, stolen personal property, and lost rent.

The trial court granted summary judgment to Farmers Insurance on Williamson’s ...

Court Allows itself to be Abused by Convicted Murderer and Insurance Fraudster

A Prisoner Has a Limited Right to file a Habeas Petition but Must do so Properly

Post number 5387

Posted on July 6, 2026 by Barry Zalma

Court Allows itself to be Abused by Convicted Murderer and Insurance Fraudster

A Prisoner Has a Limited Right to file a Habeas Petition but Must do so Properly
Post number 5387

In Tami Duvall v. State Of Indiana, No. 1:25-cv-01239-SEB-TAB, United States District Court, S.D. Indiana, Indianapolis Division (July 1, 2026) Indiana prisoner Tami Duvall filed a habeas petition under 28 U.S.C. § 2254 challenging her 2011 Indiana convictions for murder, insurance fraud, and obstruction of justice.

Law:

Federal Rule of Civil Procedure 15(a) governs amendment of pleadings, allowing amendment as of course within specified time limits and otherwise permitting amendment with leave of court when justice so requires.

Federal Rule of Civil Procedure 12(f) permits the Court to strike redundant matter. Rule 5 of the Rules ...