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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.

1 comment:

Malinda said...

When will the change over happen in this country of the corrupt judicial leadership!? David Rucki is known, identified, violent abuser, even his neighbors had restraining orders against him! Sick of innocent, safe, fit, loving people being criminalized by criminals!