Don’t Be Like Jake!
Is it standard protocol in water damage insurance claims to simply blow mold spores around for several days to determine #MoldClearance? #DilutionIsTheSolution?!?
State Farm and it’s preferred vendors seem to insist that 40 days without a roof and multiple rain and snow storms have nothing to do with the microbial growth that destroyed my home and health after State Farm did a build back based on a faulty mold clearance they demanded of one of their preferred vendors.
Opposing counsel for one of the defendants in Linda Ayres Vs State Farm et al suggested that because the mold clearance was requested directly by the State Farm adjuster of the law firm’s client, they were probably given a choice by the environmental testing company of a “chevy or cadillac” mold clearance and obviously the State Farm adjuster opted for the cheapest report [based on subsequent reports with entirely different results] .
The same adjuster approved a build back based on that preferred vendor’s report, and the total bill for cover up and initial build back, including initial loss of use, was $101,000. Upon return to the property, policy holder discovered mold and was denied refuge in a hotel, sought legal representation, spent a fortune to obtain legitimate testing and had to pay for a second demolition to complete the unfinished and negligent work from February 2019 and remediation that was never done in 2019 prior to cover up/build back.
State Farm Arizona adjuster seemed to serve as an unlicensed General Contractor, sub-contracting to preferred vendors, including using unlicensed parties as #VendorRepresentative. The State Farm field adjuster did not inspect the 2/2/2019 roof loss until mid March 2019, then again in October 2019.
Talk about RICO, huh? But wait! There’s more!
” We will no longer extend the courtesy of electronic service of documents ” – October 23, 2021 at 10:33 pm – State Farm assigned environmental testing company legal counsel
Well, that will certainly confuse a disabled boomer plaintiff who relies on Siri for activities of daily living. Nice going, State Farm. Vet your preferred vendors, or is winning by any means necessary standard behavior in complex litigation. Weaponizing a disclosed disability, and disclosed medical records by opposing counsel borders on moral turpitude, imho.
When lawfare trumps justice and Rule of Law and Common Decency! #Cahoots!
I am working on, to the best of my abilities, a couple of motions this weekend:
MOTION FOR LEAVE TO REQUEST JUDICIAL REVIEW TO ABUSIVE DISCOVERY REQUESTS
MOTION TO EXTEND TIME TO RESPOND TO DISCOVERY REQUESTSS AS AN ACCOMMODATION FOR PLAINTIFF
OBJECTIONS TO DEMURRERS AND STRIKES TO SECOND AMENDED COMPLAINT
MOTION FOR CONSIDERATION OF MULTIPLE GOOD FAITH SETTLEMENTS AGREEMENTS DESPITE SOME DISCOVERY BAD FAITH
“Site Inspection – We anticipate Ayres will not cooperate or comply with this – see above re motion practice and possible evidentiary sanctions.
And that is not even addressing the “destructive testing” which will be conducted out there.”
“Deposition – We anticipate Ayres will not cooperate or comply with the Code re depositions or the mask mandates in effect – see above re motion practice”
“My swath of paralegals, and experts we pay (for instead of looking on LinkedIn for free ones), are on stand-by.
The day following every deadline you miss will result in [secretary] hittng the “Send” button.
The more you fail to comply with the Code of Civil Procedures, the Evidence Code and Judge Foster’s orders, the more you will learn about how the system works.
It will be both exciting and expensive for you.
Actions have consequences.
You intended to interfere with my career and ability to provide for my family – I have one.
Like I said, you picked this fight but I will end it.
Do any #remediation experts or #PublicAdjusters have an opinion on these practices? 🤔
I’m trying to get the mess down to short few paragraph to submit to Court & other authorities:
#Catastrophic #WindPeril & consequent #WaterDamage & #MicrobialGrowth/Biohazards & #Poisoning
The Adjusters & testing company think blowing mold spores around for a few days is a standard remediation practice? 😵💫
So—#StateFarm runs #California #insurance claim from their #Arizona claims office, acting like an [unlicensed #GeneralContractor] assigning their subcontractors, including an #unlicensed GC sales rep acting for a licensed general contractor AND for State Farm AS #AdjusterRepresentative to adjust the claim & handle the xactimate estimates.
Then @StateFarm sent yet another #PreferredVendor to create a #moldclearance report
Upon #THAT report #StateFarm authorized cover up build back of the 65% demolished home.
This was in the first 45 days of wind peril/roof loss
No mention of any chemical remediation & there was only partial demolition of identified water saturated walls on the house that was subjected to multiple rain & snow storms for over 40 days – without a roof.
Both State Farm ® & their environmental testing PreferredVendor are allegedly puzzled baffled & perplexed as to the mold contamination that ravaged the house & occupant for months, until the second demolition nearly a year later, removing the previously identified but not removed water damaged walls PLUS the walls & ceilings further contaminated by the fast growing microbial growth
State Farm deceived me that my policy required use of their vendors for coverage. Authorization to replace assigned vendors was withheld for over 30 days. All parties recommended litigation. In progress now.
9th Cause of Action- #RICO #Racketeering 😱 with extreme guerrilla #lawfare
You know, it’s a sad day in America when a self-represented litigant find out that she is apparently on an esoteric DO NOT HELP attorney list… it might be called a #BlackList in some circles.
After reaching out to more than 60 attorneys and law firms since 2019, and being belittled by opposing counsel for being elderly, disabled and unrepresented, it’s a harsh reality to face that in America, it looks like our Justice System does not serve WE THE PEOPLE.
Wasn’t it George Carlin who said something about ‘IT’S AN EXCLUSIVE CLUB, AND WE’RE NOT IN IT!’
2022 REACH, THANK YOU
2021REACH, THANK YOU
When I had to represent myself in WorkComp litigation, years ago, it was a similar challenge with actually, a similar group of lawyers. Injured Workers or Property, what difference does it make to California attorneys, huh? I don’t take it personally. As one attorney advised, ‘You know the lay of the land. Good luck!’
I studied LA Law, Boston Legal and a very cool movie about how Ford Motors cheated an inventor out of his invention and a bunch of money by stealing his invention about intermittent windshield wipers. It was quite a study in perseverance and justice:
Kearns won one of the best known patent infringement cases against Ford Motor Company (1978–1990) and a case against Chrysler Corporation (1982–1992).
For my fight with State Farm and several of it’s preferred vendors, I had to study HOW TO WIN IN COURT – with a head injury, it’s been a little hard to connect the dots and all the moving pieces.
I also studied thegoodwife tv series, SEASON ONE- “Political intrigue, Sexual shenanigans. A cutthroat competition.” There were several AHA moments… one was a discussion about discovery abuse by rogue lawyers and other forms of guerrilla lawfare. Bombarding opposing counsel with discovery and other demands was referred to as “Litigating the margins” and “how to kill shallow pockets.” Hardly conduct fitting an Officer of the Court.
When such conduct is waged against a disabled elderly woman whose home was destroyed by State Farm and several of it’s Preferred Vendors in an apparent racketeering scam, the conduct seems more like moral turpitude and support of the Cause of Action #9 – RICO – Racketeering Influenced and Corruption Organizations & Conspiracy.
Several defendants in the lawsuit, Linda Ayres Vs State Farm et al CIV SB 2106284 have entered into good faith settlement agreements, subject to Court approval. There were acts of admitted bad faith between defense counsels, and other matters for the Court to consider. The effort was made in good faith by the Plaintiff, in response to multiple suggests that the number of defendants be reduced from the existing 10, plus Does 1-250.
It was later discovered that the number of defendants involved in this bad faith caper is irrelevant to the California legal community regarding representation against a big insurance company. Plaintiff was still willing to settle in Good Faith as a defense against guerrilla lawfare and opposing counsel’s “litigating the margins” whilst attempting to Motion for Judiciary Review of Discovery Abuses and Extensions of Time Accommodations.
Apparently, in California Courts and with California attorneys, disability accommodations require a Court Order, not common decency. Live and Learn.
One suggest was a question, “WHAT CAN YOU DO TO INTEREST THE ATTORNEY GENERAL IN THIS CASE? They have the pockets to investigate this level of corruption.” It was then suggested I get a summary page together, a paragraph or two; not more than one full page. Easier said than done in complex litigation.
Another suggestion was Bar Complaints. I told one pal, “Are you kidding. They will k*ll me for sure” to which the pal responded, “You’re in greater danger if YOU DON’T FILE BAR COMPLAINTS” since the pal also knew of the cyber stalking and various threats made in writing, and other implied.
Here are a few resources that might be of value/interest in you, or someone you know, had been egregiously and intentionally harmed by State Farm and it’s Preferred Vendors.
#LegalUp2022 – an InfoTrack US event – April 5-6, 2022
One of the sessions is “A beginner’s guide to eDiscovery”
Hosted by Ken Larsen, CR & Kris Rzesnoskiw, CR
Two great Industry Experts— this will certainly be an excellent event! See more on LinkedIn here
Here’s a LinkedIn post with more insights and details: LINKEDIN
and a few more:
Ya know, I just get all frazzled when opposing counsels threaten me cuz I’m not so fast on grasping legalese and defending myself against guerrilla lawfare tactics and that the justice system has failed me because I am a disabled boomer—
Due to my disabilities, I’m sad to say I was unsuccessful in providing the Courts with adequate motions to move the Courts, and that I was unable to protect myself from litigation warfare that I was warned ‘not even a seasoned litigator will be able to endure what’s coming at you’ and that it would be “EXCITING AND EXPENSIVE”
$1600+ in sanctions and missing deadlines and improperly naming a NOVEMBER 2021 MOTION FOR PROTECTION left me further victimized, threatened and vulnerable. I couldn’t even find elder abuse representation of disability representation. Next week I hope to have a chat with a couple of civil rights lawyers and I hope that NAAG.org is reviewing my posts. Fingers crossed. They may not be able to help in my case, but they can certainly provide some protection for the rest of Americans.
The sanctions and motion to compel were followed by 11 pages of threats of all sorts, suggesting I am willfully breaking laws and Court orders by being unable to adequately defend against lawfare practices that are in clear violation of professional conduct that any reasonable attorney would adhere to.