Post 8: A New Complaint with 12 Causes of Action

Allstate exercised blanket denial in my discovery effort in September to November 2022. It is a legal maneuver frowned upon by the Court. However, it is time consuming to go through the court for the documents. I knew where they were located. But I needed time to sort them out. I utilized a procedural device somewhat peculiar to the Virginia court, which is, the right to nonsuit (Va. Code §8.01-380), which is a voluntary withdrawal or dismissal of a lawsuit by the party that filed it that allows the party to bring a second suit, within six months, on the same cause of action. (See MyData/Misc. Doc./C.)

I made a major revision of the complaint two weeks before the six-month deadline and made a great deal of textual mistakes, but I had to leave them as it is in order to file the complaint on time. I hope I can make an amended complaint in the future to correct all those mistakes.

In the present complaint, I allege 12 causes of action, which are:

1. FAILURE TO PAY FULL TPP AMOUNT.
2. FAILURE TO PAY THE PORTION OF THE BOOK, WRITTEN BY EMPLOYEE SALESPERSONS.
3. CONVERSION AGAINST ALLSTATE.
4. INTENT TO DECEIVE IN THE TITLE WAS EXPRESSIVELY CONTRADICTED BY ALLSTATE IN THE CONTENT OF THE EA AGREEMENT – THE EA AGREEMENT IS A BAD FAITH CONTRACT.
5. ALLSTATE VIOLATES THE PRINCIPLE OF CONSIDERATION IN THE CONTRACT LAW BY ABANDONING THE PRINCIPLE OF RECIPROCITY IN ITS EA RELATIONSHIP.
6. ABO (ALLSTATE PRODUCTION QUOTA) NULLS THE STATUS OF AN EA AS AN INDEPENDENT CONTRACTOR AND ALLSTATE FAILS TO RECLASSIFY THEM AS EMPLOYEE SALESPERSONS WHO DESERVE THE EMPLOYEE BENEFITS.
7. ALLSTATE HAS THE TRAIT OF A POLICE STATE IN THE SENSE THAT IT DENIES DUE PROCESS IN ITS ADMINISTRATIVE DISIPLINARY OPERATION FOR FAILURE TO PROVIDE EVIDENCE TO SUPPORT ITS ACCUSATION AND FAILURE TO GIVE THE ACCUSED AN OPPORTUNITY TO DEFEND HIMSELF/HERSELF.
8. RULE OF LAW HAD NOT BEEN EVENLY OR EQUITABLY APPLIED IN THE REALM OF ALLSTATE IN DISCIPLING ITS MEMBERS – WITH SOME ABOVE RECEIVING NO PUNISHMENT AND SOME BELOW WITH HARSH PUNISHMENT.
9. ALLSTATE HAS a second TRAIT OF A POLICE STATE IN THE SENSE THAT IT SILENCES AND/OR PUNISHES THE EXPRESSIONS OF MAN’S-HUMANITY-TO-MAN AMONG AGENTS AND ALLSTTE MEMBERS.
10. ALLSTATE ENGAGED IN HIGHWAY ROBBERY FIGURATIVELY SPEAKING IN THE SENSE THAT IT CONFISCATES AGENTS’ WALLET THROUGH ABO AND TPP TO ENRICH THAT OF ITS HIGHER ECHELONS – ALLSTATE COMMITTED FRAUD.
11. ALLSTATE HAS VIOLATED PLAINTIFF SHAO’S HUMAN RIGHT.
12. ALLSTATE PUT SHAO IN THE HARM’S WAY BY FAILING TO COMPLY WITH THE WHITE HOUSE DECLARATION OF STATE OF NATIONAL EMERGENCY ON 3/13.20 DUE TO THE COVID-19 PANDEMIC AND WITH VIRGINIA GOVERNOR RALPH NORTHAM’S STAY-AT-HOME ORDER WHICH WAS TO TAKE EFFECT ON 3/30/20 IN DENYING SHAO’S REQUEST FOR AN TERMINATION EXTENSION FOR TWO MONTHS.

There certainly will be pushback by Allstate. I shall report on the upcoming Allstate’s Answer and Affirmative Defenses when I receive it.