No. 23-6771

Wild Chang, et al. v. Farmers Insurance Company, Inc., et al.

Lower Court: Ninth Circuit
Docketed: 2024-02-16
Status: Denied
Type: IFP
IFP
Tags: civil-rights contract-rewriting due-process equal-protection insurance insurance-fraud RICO rico-fraud standing statutory-interpretation
Latest Conference: 2024-04-12
Question Presented (from Petition)

Q1. Whether national insurance companies can continue committing the RICO frauds in concert with other members of the RICO Enterprise with impunity by simply repeating the same or similar RICO frauds because of "reaffirmation" of the same frauds, notwithstanding the well-established rules of (a) "separate accrual" for new claims, (b) "discovery" for frauds and (c) Petitioners' rights to "equal protection" and "due process" under the circumstances?

Q2. Whether a complaint of legal sufficiency, alleging sustained and severe permanent injuries and damages from a stroke and related heart surgeries, among others, because of the wrongful denial of temporary accommodation during the alleged investigations of 14 months (beyond the statutory limit), can be arbitrarily and summarily concluded as "frivolous", without violating Petitioners' rights to "equal protection" and "due process" of plenary review under the circumstances?

Q3. Whether or not it is judicially sound and wise for a federal district and/or appeals court to create a new principle of law or in equity, i.e., re-writing a contract by and between the original parties, NOT to conform to the original intents of the parties, namely, "meeting of minds", BUT to allow an insurance company to re-write the contract, switching the "insurance" sold and purchased, with a "self-owned membership interest in an unincorporated association", without the statute-required mutual consent (Cal. Corp. Code, Sec. 18035(a)), for the purpose of escaping all the liabilities under the "insurance" sold and purchased, by simply repeating the same or similar RICO frauds?

Question Presented (AI Summary)

Whether national insurance companies can continue committing the RICO frauds

Docket Entries

2024-04-15
Petition DENIED.
2024-03-28
DISTRIBUTED for Conference of 4/12/2024.
2024-02-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 18, 2024)

Attorneys

Wild Chang, et al.
Wild Chang — Petitioner