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July 10, 2026
Plaintiff 3 Years Late Failed to Set Aside Judgment

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) to set aside the judgment and reopen the action and also sought default judgment.

LAW:

Rule 60(b) permits relief from a final judgment for limited reasons, including when “the judgment is void”. A Rule 60(b) motion must be made within a reasonable time. Local Rule 230(j) also requires the moving party to identify new or different facts, circumstances, or grounds for reconsideration.

Federal Rule of Civil Procedure 60(b) governs the reconsideration of final orders of the district court, and permits a district court to relieve a party from a final order or judgment “for the following reasons:”

1. mistake, inadvertence, surprise, or excusable neglect;
2. newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b);
3. fraud (whether previously called intrinsic or extrinsic) misrepresentation, or 4. misconduct by an opposing party;
5. the judgment is void;
6. the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or
7. any other reason that justifies relief. [Fed. R. Civ. P. 60(b).]

A party must show “what new or different facts or circumstances are claimed to exist which did not exist or were not shown upon such prior motion, or what other grounds exist for the motion.” Local Rule 230(j).

A magistrate judge may handle nondispositive pretrial matters and may issue findings and recommendations on dispositive matters without the parties’ consent.

Judicial bias generally requires an extrajudicial source, and adverse rulings alone almost never establish bias. A district court may take matters under submission without oral argument, and there is no constitutional due process right to oral argument.

DISCUSSION/ANALYSIS:

The court rejected Plaintiff’s argument that the magistrate judge lacked authority because Plaintiff had declined consent. Consent was unnecessary because the magistrate judge did not enter a dispositive order but only issued findings and recommendations within statutory authority.

The court also rejected Plaintiff’s bias allegations because she identified no extrajudicial source and relied only on disagreement with court rulings.

Finally, the court found Plaintiff’s claim of a closed trial unsupported because no trial occurred; the court merely resolved matters on the papers, which it had authority to do.

Plaintiff had an opportunity to object to the findings and recommendations but did not do so.

Because Plaintiff failed to show the judgment was void and waited more than three years to seek relief, the Rule 60(b)(4) motion was both meritless and untimely.

CONCLUSION:

The court denied Plaintiff’s motions to set aside the judgment and for relief under Rule 60(b)(4) because Plaintiff failed to show the judgment was void. Plaintiff also did not show that the request to set aside the judgment-filed more than three years after the Court entered judgment-was filed within a reasonable time. It terminated the default-judgment motions and related findings and recommendations as moot, ordered that the action remain closed, and stated that no further filings would be accepted in the closed case.

ZALMA OPINION

Another case proving the maxim that the person who represents him/herself has a fool for a client and an incompetent for his/her lawyer. Although an insurance agency can be sued for its torts to do so the plaintiff must allege sufficient facts to support a cause of action. Plaintiff failed and the District Court followed the recommendations of the Magistrate Judge and dismissed the case and plaintiff failed to appeal only to wait three years and bring a useless motion. The court's time was wasted by this pro-per plaintiff twice.

(c) 2026 Barry Zalma & ClaimSchool, Inc.

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September 18, 2026
Expert May Only Testify to What Experience Supports

Insurance Expert May Not Testify to Speculative and Contains Unsupported Conclusions.

Posted on September 18, 2026 by Barry Zalma

See the full video at and at https://rumble.com/v7fmifw-expert-may-only-testify-to-what-experience-supports.html

In Michele A. Over, and The Estate Of Paul R. Over v. State Farm Mutual Automobile Insurance Company, and State Farm Fire And Casualty Company, Civil Action No. 23-cv-02243-PAB-STV, United States District Court, D. Colorado (September 14, 2026) Michele and Paul Over sued State Farm Fire and State Farm Auto over hail-damage and stolen-vehicle claims.

The operative dispute concerned State Farm Auto’s motion to exclude or limit opinions from plaintiffs’ insurance-industry expert, Aaron Castillo. Castillo.

Law

The proponent of expert testimony must establish by a preponderance of the evidence that an expert is qualified and that the opinions are helpful, sufficiently grounded, and reliably derived and applied. Experience-based opinions must explain how the...

00:03:10
September 17, 2026
Convicted on 29 Tax-Refund-Fraud Counts

150 Months in Prison for Tax Fraud
Post 4846

Posted on September 17, 2026 by Barry Zalma

See the full video at https://lnkd.in/g8rh3JBX and https://lnkd.in/gmkdy-9C, In United States Of America v. Thomas Addaquay, Nos. 25-10609, 25-10611, United States Court of Appeals, Eleventh Circuit (September 9, 2026) the Eleventh Circuit affirmed all challenged convictions, the 150-month aggregate sentence, and the challenged $4,123,474.55 restitution award.

FACTS

In United States Of America v. Thomas Addaquay, United States Of America v. Thomas Addaquay, Nos. 25-10609, 25-10611, United States Court of Appeals, Eleventh Circuit (September 9, 2026) the Eleventh Circuit affirmed all challenged convictions, the 150-month aggregate sentence, and the challenged $4,123,474.55 restitution award.
FACTS

Thomas Addaquay controlled United Consolidated Accounting and Business Services (UC), nominally a check-cashing business.

The government proved a three-stage tax-refund scheme that converted the resulting refund checks into usable funds through ...

00:05:23
September 14, 2026
Court Enforces Fifth Amendment & Refuses to Compel Answers

Major Fraud Perpetrator Asserts Fifth Amendment Privilege to Avoid Prosecution

Post 5489

Posted on September 14, 2026 by Barry Zalma

Fraudster Refuses to Answer Questions About His Alleged Fraud

See the full video at https://lnkd.in/gvicAMDr and at https://lnkd.in/gvicAMDr

In Great American Insurance Co. v. Gemstone Property Management, LLC, et al., No. 23-cv-9100 (LJL), United States District Court, S.D. New York (September 8, 2026) Great American Insurance Company alleged that it was defrauded through a scheme in which Subin Associates, LLP recruited individuals to stage construction-site injuries, arranged unnecessary medical treatment and litigation funding, and pursued fraudulent personal-injury claims.

Luis Manuel Garcia Salcedo, resulted in a $6 million settlement. Non-party Jose Hernandez allegedly worked as an assistant manager at Subin, operated Hernandez Associates, and owned litigation-funding companies that shared office space with Subin and provided services to its clients.

After Great American ...

00:05:14
November 05, 2026
Convicted of Felony Fraud You Lose the Right to Vote

Payment of Fines & Completion of Probation Reinstates Right to Vote

Post 4576

Posted on November 5, 2026 by Barry Zalma

To Restore Voting Rights The Felon Must Pay Fines of $546.00

In Florida Supreme Court Mediator Ethics Advisory Committee, ETH F-26-377, No. F-26-377 (October 29, 2026) citizen unnamed and to Ron Desantis Governor, Cord Byrd the Secretary of State Florida Division of Elections provided an advisory opinion to a convicted felon about his right to vote:

To: [redacted] We received your request for an advisory opinion. You indicate that you have one or more felony convictions and request whether you are eligible to vote, including whether you have any outstanding legal financial obligations under section 98.0751, Florida Statutes, and, if so, a statement of the amount that must be paid to make you eligible to vote, and an explanation of how the amount was calculated.

The Division hereby responds to your request pursuant to its legal authority under section 106.23(2), Florida Statutes, and Florida ...

November 04, 2026
Castro Valdez Had an Available Administrative Appeal and Failed to Establish a Ground for Excusing

Administrative Review Permits the Agency to Apply its Expertise

Post 4574

In Erwin Jordan Castro Valdez v. Warden, Otay Mesa Detention Center, No. 26-cv-06147-BAS-JLB, United States District Court, S.D. California (October 30, 2026) Castro Valdez, a Cuban national paroled into the United States, was arrested on June 23, 2026, for alleged insurance fraud, grand theft, and making a false report to law enforcement. In his first habeas action, the district court ordered a bond hearing within fourteen days to determine whether the changed circumstances justified revoking his parole.

An Immigration Judge subsequently denied bond because of his pending state criminal case. Castro Valdez filed a second petition under 28 U.S.C. § 2241, challenging that determination and requesting immediate release without first appealing to the Board of Immigration Appeals (BIA).

LAW

According to the supplied text, § 2241 does not expressly require administrative exhaustion, but courts impose exhaustion as a prudential requirement. ...

November 03, 2026
Jury Found Prudential to be the Victim of Fraud

Insured’s Ordered to Pay Insurer for Fraud by the Insureds

Post 4573

Posted on November 3, 2026 by Barry Zalma

In The Prudential Insurance Company Of America v. Carol Gardina and George Gardina, No. 6:23-cv-1125-JSS-DCI, United States District Court, M.D. Florida, Orlando Division (October 22, 2026).

THE JURY TRIAL AND VERDICT

Plaintiff sued Defendants for numerous causes of action stemming from its allegations that Defendants fraudulently collected benefits under their long-term care insurance policies. Plaintiff's case proceeded to a nine-day jury trial, after which the jury found Defendants liable for fraudulent misrepresentation, fraudulent concealment, and civil conspiracy.

The jury also found Defendant Carol Gardina liable to Plaintiff for $1,930,129 in compensatory damages and Defendant George Gardina liable to Plaintiff for $12,496 in compensatory damages and $20 in punitive damages. Thereafter, the court entered judgment in Plaintiff's favor and awarded Plaintiff $1,930,129 in compensatory damages from...

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