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Failure to Plead a Viable Complaint after Four Tries Stops Everything\\n\\nScott Manley moved the USDC to dismiss the two claims plaintiff Mark \\nEsquibel asserted against him in the Third Amended Complaint (TAC) for \\nwrongful termination in violation of public policy (\\u201cTameney claim\\u201d) and\\n for promissory fraud.\\n\\nIn Mark Esquibel v. Kinder Morgan, Inc., et al., No. 21-cv-02510-WHO, \\nUnited States District Court, N.D. California (October 17, 2023) the \\nUSDC explained why its patience had been exhausted.\\n\\nANALYSIS\\n\\nEsquibel asked for leave to amend to assert totally new claims against \\nManley, including eavesdropping in violation of California Penal Code \\nsection 632 and invasion of privacy, harassment under California\'s Fair \\nEmployment and Housing Act (FEHA), and claims for intentional and \\nnegligence infliction of emotional distress based on the alleged \\neavesdropping and harassment.d warned \\nEsquibel that the last order was his "last chance." Ignoring the warning\\n Esquibel tried a new way to allege a case that had nothing to do with \\nhis first three tries. His failure ended the court\'s patience and the \\norder was dismissed. Why the court did not sanction Esquibel under Rule \\n11 is difficult to understand. Court\'s need to control their calendar \\nand not be so patient.\\n\\n(c) 2023 Barry Zalma & ClaimSchool, Inc.\\n\\nPlease tell your friends and colleagues about this blog and the videos \\nand let them subscribe to the blog and the videos.\\n\\nSubscribe to Excellence in Claims Handling at locals.com at \\nhttps://zalmaoninsurance.locals.com/subscribe or at substack at \\nhttps://barryzalma.substack.com/publish/post/107007808\\n\\n\\nGo to Newsbreak.com\\xa0 https://www.newsbreak.com/@c/1653419?s=01\\n\\n\\nFollow me on LinkedIn: \\nwww.linkedin.com/comm/mynetwork/discovery-see-all?usecase=PEOPLE_FOLLOWS&followMember=barry-zalma-esq-cfe-a6b5257\\n\\nDaily articles are published at https://zalma.substack.com. Go to the \\npodcast Zalma On Insurance at \\nhttps://podcasters.spotify.com/pod/show/barry-zalma/support; Go to Barry\\n Zalma videos at Rumble.com at https://rumble.com/c/c-262921; Go to \\nBarry Zalma on YouTube- \\nhttps://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg;\\xa0 Go to the \\nInsurance Claims Library \\u2013 \\nhttp://zalma.com/blog/insurance-claims-library