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Friday, September 27, 2019

State Farm Wants to Depose Its Own Clients

We've all heard horror stories of insurance companies refusing to provide insurance when you need them, but what State Farm is now doing may be taking that caricature to a new level.

Dede Evavold was sued by David Rucki.

Rucki- whose list of violent acts includes in a bar fighta road rage incidentincidents of stalkingonce stuck a gun to his son Nico’s head, and chased after his daughter Samantha on her thirteenth birthday claimed he was being defamed when his violence was mentioned. 

A full dossier of his violence is below.

If you still aren't convinced, listen to his daughter Samantha.

None of that swayed the judge in the case nor State Farm.

Though Evavold has owned her home for many years and paid her premiums on time in the oft chance that such a moment might arise, State Farm refused to represent her. See their motion below.

That's standard. None of us expect the insurance company to insure us when we need insurance; after all, they wouldn't be insurance companies if they behaved with an ounce of ethics, even if Aaron Rodgers makes humorous commercials for them.

What we don't expect is for the insurance company to go after us, but that's exactly what State Farm did.

Enter LeHoan Pham, a local Minnesota lawyer who represents State Farm in this action; I'm not sure why a national insurance company doesn't have in-house consel but I digress.

He isn't merely arguing that State Farm should not represent Dede Evavold but that he needs to depose her and her husband in order to prove it. See his filing below.

What is very interesting is that Evavold's husband-Darin- while her husband and by extension living in the same home- meaning also the client of the insurance company Pham represents- is not being sued by David Rucki.

It's my opinion that this is really scummy and I can't be sued for an opinion; I told Mr. Pham as much during our phone conversation which lasted just more than eight minutes.

He argued that he was within his legal right, which may be so, but I also pointed out that other clients of State Farm, when they find out that their insurance company may try and depose them, will think twice about having State Farm for insurance.

He agreed stating we do live in a market economy, despite what Bernie Sanders, Elizabeth Warren, AOC, and others may tell you; the Sanders, Warren and AOC reference are mine not his.

Mr. Pham also repeatedly told me that he represents State Farm not David Rucki; this, while technically true, is a distinction without a difference, in my opinion, and I can't be sued for an opinion. Maybe in Minnesota they will figure out a way around that portion of the law.

See, while he technically not representing David Rucki, it is quite remarkable how often his client's, State Farm, interests allign with David Rucki's For instance, there is this motion, filed jointly between Pham and David Rucki's attorney, Lisa Elliott.
I'm sure State Farm's clients will be thrilled to learn that in a lawsuit where their client is asking for their help they join with the opposition to file motions.

See, as Mr. Pham told me, once he is done deposing Mr. and Mrs. Evavold, Ms. Elliott gets her opportunity. I can't imagine how I ever thought that Mr. Pham represents Mr. Rucki.

Strangely, when I sent this motion to Mr. Pham and Lisa Elliott, neither responded.

It's not strange that Ms. Elliott didn't respond; the one time she spoke to me she called Sandra Grazzini-Rucki a liar and it turned out the liar was Elliott. See that story here.

I'm pretty sure I'll never hear from Mr. Pham again, but that's just my opinion and I can't be sued for that except maybe in Minnesota where insurance companies are allowed not only to not represent their clients but to try and depose them when their clients come for help.

Actually, Mr. Pham has nothing to worry about. After all, Minnesota Lawyer gave Lisa Elliott its 2018 Lawyer of the Year Award so...well you get the idea.

So, how is it that an insurance can not only not represent their client but to force their client to sit for a deposition by their lawyer and by their opponent's lawyer.

It comes down to order of the court, which declared without the necessity of a trial with a jury that Dede Evavold was guilty of defamation but left open the question of false imprisonment.

That left the door open for the deposition; it seems like the court's order was done specifically to make sure Mr. and Mrs. Evavold had to be deposed but that's just crazy talk, like a conspiracy theory.

To review the facts as they are pertinent to this case. Samantha and Gianna Rucki- daughters of Sandra Grazzini-Rucki and David Rucki- ran away on April 19, 2013, because they were forced to live with their paternal aunt with plans to live with their father even though he stuck a gun to his son's head, threw one child into a refrigerator and chased after his daughter until she barricaded herself in her house.

He also choked his then wife with an organ leg, threatened his neighbors, threatened his in-law, and even swore uncontrollably at two and three year olds.

Evavold recommended that the girls' mother take the girls to Doug and Gina Dahlen, which she did and where they stayed for two and a half years; they even told police upon being found that they would not return to their father.

None of that mattered. When the girls were found in November 2015, Evavold was charged and convicted not to mention smeared by the likes of Michael Brodkorb and 20/20.

Now, David Rucki is suing her. Interestingly though, I don't believe he has listed this lawsuit in his child support paperwork. Yes, even as David Rucki sues Dede Evavold he is also chasing his ex wife for child support.

 Somehow I doubt the Minnesota courts will worry about this oversight.

Finally, I reached out by phone and email to Benjamin Palmer, one of State Farm's media representatives but have not heard back yet. I will update if there is a statement.

UPDATE: Lisa Elliott believes David Rucki has suffered supremely in this case, to the tune of $450,000.

Mind you he is still chasing his ex-wife for child support, but I doubt he will be required to report this to child support.

Thursday, September 26, 2019

Sandra Grazzini-Rucki, A Pauper Who Should Pay Child Support

          (Judge Lorie Gildea, who thinks paupers should pay multi-millionaires child support)

The Minnesota Supreme Court, led by Judge Lorie Gildea, has to twist itself into pretzels to carry David Rucki's water. Their latest order shows that.
Even as Judge Gildea refused to review the previous child support orders which ordered SGR, homeless and jobless, to pay child support to David Rucki, the multi-millionaire owner of several homes. she also granted Ms. Grazzini-Rucki pauper status.

Judge Gildea has reviewed more than a dozen of SGR's motions- both civil and criminal- and voted against her every time. This, I am sure, is only because every time SGR had the poorer argument.

Judge Jill Flaskamps Halbrooks, of the Minnesota Appeals Court,  has also reviewed more than a dozen appeals from SGR, both civil and criminal, and ruled against her every time as well.

As I have previously shown, even as she was in jail, SGR was ordered by Magistrate Maria Pastoor in May 2018 to start paying $975 per month in a hearing where SGR wasn't in attendance.
That was later reduced by Judge Jan Davidson to $215 per month but all arrears were kept in place so SGR is well more than $10,000 behind.

Judge Jan Davidson issued her ruling even though the transcript from the hearing shows she never provided Sandra Grazzini-Rcuki an opportunity to present her case.
Despite this blatant violation of SGR's due process, the Minnesota Court of Appeals and the Minnesota Supreme Court led by Judge Gildea found that nothing was amiss.

They made these rulings despite acknowledging that SGR was jobless, her monthly expenses unknown, and no one knew exactly how much David Rucki made because he was allowed to refuse to submit his income documents.

A photo of the interior of his home is below.

Things may be even more nefarious than this.

It appears that on November 17, 2015, Lisa Elliott and Judge Phil Kanning teamed up to legally steal approximately $500,000 from Sandra Grazzini-Rucki by Elliott helping herself to a trust meant for SGR, a trust which was set up by SGR's father for his children and not Elliott or her client, David Rucki.

Lisa Elliott has represented David Rucki since shortly after his divorce got started. While she told 20/20 the divorce was a "guerilla divorce" the "guerrilla part only started as soon as she appeared.

She declined to respond to an email for comment.

DruckiSrucki by mikekvolpe on Scribd
As with Magistrate Pastoor, Judge Kanning held the hearing without the presence of SGR- are you sensing a pattern here.

"So, your order indicated that our motion to distribute the funds that were held in my trust account from GFP to satisfy Ms. Grazzini-Rucki's debts and the parties joint debts was granted subject to a stay."

That stay, as Elliott stated, was conditioned, "for ten days, which would give Ms. Grazzini-Rucki time to comply with your order."

Ms. Elliott claimed the conditions weren't met so, "so, on September 11th, we sent out notice to everybody, that we intended to start paying off everybody."

Here are some of the people paid off, "Then the joint marital debts that have been satisfied are a Wells Fargo credit card, 2009 federal taxes, Bracket's golf membership, Fred and Vicky Rucki (David Rucki's parents), and also Ms. Grazzini-Rucki's attorneys fees owed to my office."

In other words, this trust set up by Ms. Grazzini-Rucki's parents was used to pay David Rucki's parents and his attorney, among others.

But Ms. Grazzini-Rucki's attorney, Michelle MacDonald, said it was not accurate that conditions were not satisfied, "Your order was stayed and Ms. Grazzini-Rucki did in fact comply with number one of your order," MacDonald stated, "To my surprise Ms. Elliott, who was entrusted with $500,000, just proceeded to distribute those funds (including to herself)."

She continued, "Your honor, and it makes this hearing completely moot because this hearing was scheduled so that Ms. Grazzini-Rucki  could be here- under the guise of your giving her an opportunity to present her non-marital claim to those funds."

Incidentally, how is it that Ms. Grazzini-Rucki had $500,000 in trust and not know it; that is because her siblings never told her and let her suffer for years homeless without mentioning that there was $500,000 available to her; SGR's parents had tens of millions of dollars and she should not be in this position today.

"Well, I respectfully disagree, I don't think your client did comply," said the judge, Phil Kanning.

Kanning no longer has a functioning email but the four media representatives- Beau Berentson, Kyle Christopherson, Lissa Finne, and Alyssa Siems Roberson- for the Minnesota courts did receive an email which they did not respond to.

How did Ms. Elliott get access to a trust from SGR's dad, this is Dakota County, that's how.

"Ms. Elliott connected with David Rucki's parents and did in fact attach a significant portion of those funds and then proceeded to move them here." MacDonald stated.

The transcripts also show that the trust was started in Hennepin County but Dakota County did not care and simply moved it to their county for Lisa Elliott to then legally raid, "I think I explained this to the court, is that Ms. Grazzini-Rucki never got a judgment in the Hennepin County case, it was bypassed, and all of the proceeds were simply scheduled to paid to Ms. Elliott." Michelle MacDonald stated.

Ms. Elliott then noted, "I want to clarify for the record that the money was never made payable to me. It was never deposited into my account. It was deposited directly into the trust account," a distinction without a difference since she helped herself to the money.

Finally, I expect that Ms. Elliott will soon file a motion to hold Ms. Grazzini-Rucki in contempt of court for failure to pay child support. The intention is to have her thrown in jail because as David Rucki told a trusted associated, "She (SGR) will be in jail by fall," it is fall.

Wednesday, September 18, 2019

A Tale of Two Bonds

                                                          (Minnesota Judge Karen Asphaug)

Paul Walsh at the Minneapolis Star Tribune wrote an article about a psychiatrist charged with raping his patient.

A Twin Cities psychiatrist repeatedly sexually assaulted one of his patients in therapy for trauma during private sessions and once at his home, according to charges filed in Dakota County District Court.
Gavin P. Meany, 38, of Apple Valley, was arrested after being charged last week with two counts of third-degree criminal sexual conduct in connection with the assaults that spanned from early 2017 until last month.
In arguing before the court for a bail amount of $75,000 with conditions, the County Attorney’s Office noted that despite Meany knowing he was “treating the woman for specific issues including past sexual trauma … he began grooming the victim and manipulating her.”
The judge, Karen Asphaugh, didn't give him $75,000 bail.

Judge Karen Asphaug set Meany’s bail at $15,000. He posted bond and was released Friday.
At the time of the charges, Meany had been working since January 2018 as an independent contractor with Counseling Care, which has offices in Lake Elmo and Burnsville. An office manager said Meany was fired Friday. 
That would be the very same Judge Karen Asphaug who gave Sandra Grazzini-Rucki $1,000,000 cash bond for the crime of parental deprivation which carries with it presumed probation though she gave the previously without a criminal record Grazzini-Rucki the maximum of a year and a day.

An appellate court later reduced it to $750,000.

Paul Walsh, the author of the Minneapolis Star Tribune report once told me regarding the Rucki case, "I report what I want to report as long as readers want to read it. that’s the beginning, the middle and the end."

That was on October 17, 2017.

Since then, here are some documents he has received which he presumably doesn't think his audience cares about.

First ninety nine pages of abuse by David Rucki.
He obviously didn't think that was news his audience cared about.

He also received from me therapist's notes from Jim Gilbertson who conducted therapy with each of the five Rucki children.

Mr. Walash didn't think that was important either, even though it states that Nico, one of the prosecution's star witnesses, only started siding with his father after his father bought him a car.

Finally, speaking of Judge Asphaug, she recently granted David Rucki a fifty (50) year restraining order against Dede Evavold. She did this by holding a hearing without telling Ms. Evavold about it. Ms. Evavold's so-called crime, blog posts which did not paint David Rucki the way he wanted to be painted.
Extended HRO by mikekvolpe on Scribd

I have reached out to Mr. Walsh and Judge Asphaug and will update if they respond.

As I noted to Judge Asphaug when asking about the fifty year restraining order, "Maybe fifty years is overkill but no request too much for David Rucki right Judge Asphaug?"

On Caravan To Midnight

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Caravan to Midnight is by subscription only but enjoy anyway.

Tuesday, September 17, 2019

Thursday, September 12, 2019

On With Bill Martinez Talking Giuca, Prosecutorial Misconduct, Brady and More

 More on the Giuca case here. I come on about for the last half hour of the show so fast forward if you are not looking to hear me.

Saturday, September 7, 2019