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1 Stacy M. Tucker (SBN 218942)
stucker@kantorlaw.net
2
Jaclyn D. Conover (SBN 266749)
3 jconover@kantorlaw.net
KANTOR & KANTOR LLP
4 19839 Nordhoff Street
Northridge, California 91324
5 Telephone: (818) 886-2525
Facsimile: (818) 350-6272
6
7 Attorneys for Plaintiff,
GARY KOOP
8
9 SUPERIOR COURT OF CALIFORNIA
10 COUNTY OF SONOMA
11
12 GARY KOOP, CASE NO: SCV-266944
Northridge, California 91324
13
KANTOR & KANTOR LLP
19839 Nordhoff Street
Plaintiffs,
(818) 886 2525
14 REQUEST FOR JUDICIAL NOTICE IN
vs. SUPPORT OF PLAINTIFF’S MOTION
15 FOR SUMMARY ADJUDICATION
FIRE INSURANCE EXCHANGE, dba AGAINST BRIAN HUNSAKER
16 FARMERS INSURANCE GROUP; BRIAN
HUNSAKER, [Filed concurrently with Plaintiff’s Motion for
17 Summary Adjudication, Plaintiff’s Separate
Defendants. Statement of Undisputed Facts, Evidence in
18 Support of Motion, Declaration of Gary Koop,
Declaration of Stacy M. Tucker, Declaration of
19 Kenneth Bunger and Proposed Order]
20
Date: January 11, 2023
Time: 3:00 p.m.
21 Dept: 19
22
Complaint Filed: August 24, 2020
23 Trial Date: February 23, 2023
24
25
26
27
28
1
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFF’S MOTION FOR
SUMMARY ADJUDICATION AGAINST BRIAN HUNSAKER
1 Pursuant to California Evidence Code Section 452 and/or 453, Plaintiff Gary Koop hereby
2 requests that the Court take judicial notice of the following public records, newspaper articles,
3 Insurance Code section, Motion for Summary Judgment of Fire Insurance Exchange and the
4 Declarations of Jason Jones and Christopher Wagner in support of Fire Insurance Exchange’s
5 Motion for Summary Judgment.
6 (1) The public record constituting the insurance agent license information for Brian Ross
7 Hunsaker, license no. 0687046, downloaded from the California Department of Insurance website
8 at https://cdicloud.insurance.ca.gov/cal/LicenseDetail on January 11, 2022, listing the entities for
9 which he is authorized to transact business, and attached as Exhibit A.
10 (2) “Rebuilding a Wine Country Home After Fire May Cost Way More Than Insurance
11 Provides, Architects Say,” The North Bay Business Journal (online edition), by Jeff Quackenbush,
12 October 20, 2017, found at https://www.northbaybusinessjournal.com/article/industry-
Northridge, California 91324
13 news/rebuilding-a-wine-country-home-after-fire-may-cost-way-more-than-insurance/ and attached
KANTOR & KANTOR LLP
19839 Nordhoff Street
(818) 886 2525
14 as Exhibit B.
15 (3) “Custom Build Sonoma County Homes for the Price of a Prefab,” The Press Democrat,
16 by Sofia Englund, April 12, 2016, found at
17 https://realestate.blogs.pressdemocrat.com/14615/custom-built-sonoma-county-homes-for-the-
18 price-of-a-prefab/, (see page 3), and attached as Exhibit C.
19 (4) California Insurance Code §2071, attached as Exhibit D.
20 (5) Fire Insurance Exchange’s Motion for Summary Judgment filed in this action on
21 September 30, 2021, attached hereto as Exhibit E.
22 (6) Declaration of Jason Jones filed in support of Fire Insurance Exchange’s Motion for
23 Summary Judgment on September 30, 2021, attached hereto as Exhibit F.
24 (7) Declaration of Christopher Wagner filed in support of Fire Insurance Exchange’s
25 Motion for Summary Judgment on September 30, 2021, attached hereto as Exhibit G.
26
27
28
2
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFF’S MOTION FOR
SUMMARY ADJUDICATION AGAINST BRIAN HUNSAKER
DATED: October 26, 2022 KANTOR & KANTOR, LLP
1
2
By: /s/ Stacy Monahan Tucker
3 STACY MONAHAN TUCKER
Attorneys for Plaintiff Gary Koop
4
5
6
7
8
9
10
11
12
Northridge, California 91324
13
KANTOR & KANTOR LLP
19839 Nordhoff Street
(818) 886 2525
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFF’S MOTION FOR
SUMMARY ADJUDICATION AGAINST BRIAN HUNSAKER
EXHIBIT A
EXHIBIT A
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Name: HUNSAKER BRIAN ROSS License #: 0687046
License Type and/or Original Issue Status Expiration
Qualification Date Status Date Date
Accident and Health 01/29/1986 Active 01/29/1986 09/30/2023
Casualty Broker-Agent 09/23/1985 Active 09/23/1985 09/30/2023
Life-Only 01/29/1986 Active 01/29/1986 09/30/2023
Property Broker-Agent 09/23/1985 Active 09/23/1985 09/30/2023
Business Address: 8741 OLD REDWOOD HWY WINDSOR CA, 95492
Business Phone:
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$10,000 FX - 152786 10216 - AMERICAN CONTRACTORS INDEMNITY COMPANY
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AMERICAN MODERN HOME INSURANCE COMPANY
Casualty Broker-Agent 08/30/2018
Property Broker-Agent 08/30/2018
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Casualty Broker-Agent 10/02/2018
Property Broker-Agent 10/02/2018
ANTHEM BLUE CROSS LIFE AND HEALTH INSURANCE COMPANY
Accident and Health 12/01/1993
Life-Only 12/01/1993
BLUE SHIELD OF CALIFORNIA LIFE & HEALTH INSURANCE COMPANY
Accident and Health 11/02/2010
Life-Only 11/02/2010
COAST NATIONAL INSURANCE COMPANY
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Property Broker-Agent 10/22/2007
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EXHIBIT B
EXHIBIT B
NBBJ Events Business Events Construction Wine Industry Cannabis Real Estate Law Manufacturing
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Rebuilding a Wine Country home after fire may cost way more than
insurance provides, architects say
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SLIDE 1 OF 2
Julia Donoho, interim chairwoman of the American Institute of Architects Redwood Empire chapter, leads a discussion of designers, engineers
and city building officials Wednesday, Oct. 18, 2017, on how to respond to the North Bay wildfire damage to homes and businesses. .The meeting
was held in Axia Architects's offices in Santa Rosa. (JEFF QUACKENBUSH / NORTH BAY BUSINESS JOURNAL)
JEFF QUACKENBUSH
BUSINESS JOURNAL STAFF REPORTER
October 20, 2017
Order Article Reprint
Architects and city building officials who have been helping owners of the several
Example from Lake
thousand homes destroyed in the North Bay fires plan their next steps hear that County's massive fire
many want their former homes back. But like with the ongoing recovery from the
Here is a March 14, 2016, replacement-
Lake County fires, what insurance may provide to rebuild could be far less than what cost estimate for a home destroyed in
it typically costs to do so. the 2015 Lake County Valley fire.
Jessie Whitesides, a principal architect for Asquared Studios, has been volunteering at Hard costs: Building
the American Institute of Architects booth in the Santa Rosa local assistance center,
structures
and common questions she has been hearing are ow much it will cost to rebuild, why Main house
an architect is needed and what steps are required. Square footage: 1,740
Contractor estimates: $391,500–
“When they share the amount the insurance company is giving them for the house, $522,000; $225–$325 per square foot
and I calculate that for them with the square footage (of the house), most insurance Porches and decks
companies are offering about $160 a square foot,” she told architects, engineers and Square footage: 1,072
a couple of homeowners gathered in Santa Rosa on Wednesday for the inaugural Contractor estimates: $37,320–$62,200;
meeting of the Firestorm Recovery Committee, just formed by the institutes's $35–$58 psf
Redwood Empire chapter. “So, I think we need to be prepared to tell them what the Garage and accessory spaces
minimum is here.” Square footage: 956
Contractor estimates: $50,640–$84,400;
Architects among the 60 who attended the meeting noted that, based on what it $53–$88 psf
currently costs to build homes in the Santa Rosa area, the per-square-foot minimums Subtotal: Building structures
could be roughly $300 in the ravaged Coffey Park subdivision of northwest Santa
Square footage: 3,768
Rosa, $400 for the Mark West and Larkfield neighborhoods north of the city and
Contractor estimates: $479,460–
$500–$800 for northeast hillside custom homes in the Fountaingrove area of Santa $668,600; $127–$177 psf
Rosa.
Soft costs: Design,
“That's the bare minimum - drywall, paint, baseboard,” Whitesides said. “My tactic was permits and fees
to explain to them hard costs versus soft costs, explain to your insurance company Architecture and engineering, 8 percent:
that there's no way you are going to get your house back without spending money on $38,357–$53,448
soft costs.” Utility connections, 2 percent: $9,589–
$13,372
“Hard costs” include what it takes to physically build the structure. “Soft costs” cover Building permits and fees, 4 percent:
what it takes at the architecture, engineering, utilities and permitting levels to make $12,754
that happen. Total soft costs: $60,700–$79,614; $16–
$21 psf
Homeowners wanting to have the same design rebuilt through local governments' Hard and soft costs: $540,160–
expedited review process still will need to get a architect and a structural engineer to $748,214; $143–$199 psf
update the plans for code changes, such as California's energy-efficiency, green- Source: Julia Donoho, AIA, Esq.
building and life-and-safety requirements. Homeowners also will need to get certified More business coverage of the North
Bay fires:
that below-slab underground utilities are OK. And that's after cleanup of the former
nbbj.news/2017fires
home sites is completed.
Among fire-recovery efforts the architects group wants to move quickly on include
providing the public a range of real examples of what it costs to build homes like
those burned, as a starting point for negotiations with insurance companies.
Depending on the policy, there can be percentage caps for actual replacement costs,
noted Julia Donoho, interim chairwoman of the local architect group chapter as well
as an architect and attorney. Last year, she helped homeowners in Lake County
negotiate with carriers for funds to rebuild after the Valley fire.
“It is very possible may not be able to build the same house for that amount of BREAKING NEWS ALERTS
money,” Donoho said.
Receive immediate notice of major
Doug Hilberman, principal of Axia Architects and among those who lost home to the local breaking news events.
fire, cautioned his colleagues at the recovery committee meeting about putting out
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figures on construction costs. He had been in meetings with building industry
professionals, local business leaders, and Santa Rosa and county of Sonoma officials
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and found they each have a perspective how they will participate in rebuilding.
“The insurance company starts with an expert coming in with a formula, but we as Read our Privacy Policy
designers like to say, ‘Yes, you had an apple, but let's talk about what your real needs
are, and maybe, it's an orange when we look at it from a community standpoint what would be good in that location,'”
Hilberman said. “Having talked to my own insurance agent, they say that if it is going to cost more, they are open to that
dialogue. We have to recognize that it's a challenge for the homeowner if the insurance company is cost-estimating an apple
and you're handing them a set of plans for an orange. That's where the dialogue gets long, and we're going to add time to this
discussion.”
And the clock on common policy provisions for living expenses is ticking, he noted. When the typical 24-month living expenses
period includes a few months for cleanup and permitting, many homeowners need to start getting updated plans submitted
back to local building departments in the next few months, Hilberman emphasized. Trade groups plan to lobby Sacramento for
a two-year extension.
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Jesse Oswald, Santa Rosa permit intake manager, told the recovery committee that the city plans to evaluate rebuild plans and
do inspections initially but eventually turn that over to a larger authority, such as the Federal Emergency Management Agency.
Also part of a forthcoming urgency ordinance would be a planning process for all the burned areas of the city.
“If you're rebuilding what was there before, you will not need much review,” Oswald said. “My intent that if it is stamped by a
design professional, we will issue the permit.”
Licensing by the California Architects Board isn't required under state law for designs of certain single-family homes. Because
of the magnitude of the fires and the expected flood of plans submissions, city staff plan to issue building permits the next day
after plans come in with the stamps of a state-licensed architect and structural engineer.
If updated and stamped plans are submitted to the city with changes in the height or footprint of the home, that will require
more involved review, Oswald said. And if it's a totally different house, it's essentially redevelopment and will call for even
more scrutiny, albeit in priority to submissions from outside the burn area, Oswald said.
“All submittals will require a plan review,” Oswald said Oct. 24. “Those submitted by RELATED STORIES
licensed design professionals will obtain the fastest turnaround, providing the
submittal is complete.”
Jeff Quackenbush (jquackenbush@busjrnl.com, 707-521-4256) covers the wine
business and commercial construction and real estate.
UPDATE, Oct. 24, 2017: Closing comment from Jesse Oswald of the city of Santa Rosa,
Rebuilt homes in Santa Rosa's
clarifying review of plans from licensed and unlicensed designers. fire-leveled Coffey Park by
summer?
CORRECTION, Oct. 23, 2017: Designs of certain single-family homes and rural
properties don't have to be done by a licensed architect under state law. However,
city of Santa Rosa Building Division staff plans to issue permits the next day for plans
with the stamps of licensed architects and engineers. Others will have to go through
more extended plan check.
UPDATE, Oct. 23, 2017: Starting points for per-square-foot costs of replacement for North Bay homeowners race
to bump up insurance
homes were added for Mark West/Larkfield and clarified for Fountaingrove, per Julia coverage after fires
Donoho of AIA of the Redwood Empire.
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By WORLD Opinions
From WORLD News Group: Sound journalism, grounded in facts and Biblical truth.
EXHIBIT C
EXHIBIT C
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News and conversation about Sonoma County real estate
Custom Built Sonoma
County Homes for the Price of a Search ...
Prefab
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6 Sonoma County fixers for
less than $500,000
6 condos in Sonoma County
perfect for starting out or
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Ukiah home with stunning 270-
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Santa Rosa rents up 12.7%
over last year
The Hydeaway House, Sonoma, designed by Schwartz and
Architecture (Photography: Matthew Millman)
Five Santa Rosa homes under
Architect Neal Schwartz’s Sonoma County home — The
$650,000
Hydeaway House — was built to prove a point: a custom
built house, done right, can give you more bang for your
buck than a prefab.
Mr. Schwartz, who teaches at the California College of Arts
and owns San Francisco-based Schwartz and Architecture, About this blog
has seen a growing number of local house hunters who are
considering prefab, but at the same time want the option of
more customizable and site-responsive homes.
Utilizing a “thoughtful design” process, Mr. Schwartz enjoys
complementing the efficient floor plans of smaller strategic
(and less expensive) structures with the increased sense of
expansiveness that view, light, air and space can provide. To
help solve the dilemma clients faced of having to choose
between prefabricated or custom construction, Schwartz
began thinking his way out of the prefab box.
“While I am interested in prefab solutions and support the
industry, I realized that there might still be a place for small-
scaled homes at a competitive price — homes that have the
ability to take far more advantage of the particular qualities
of the site,” Schwartz said. His Hydeaway House, located on
a Carneros vineyard, is the prototype for his alternative to
the prefab solution.
Christina Molcillo is a full-time writer with
experience in online content development,
digital marketing, and creative strategy. She has
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Taking his inspiration directly from the Sonoma County
landscape, Schwartz went about designing this two-
bedroom, two-bath 1,900-square-foot Carneros home as a
weekend retreat and a place to retire for himself, his spouse;
Ron Flynn, and their two Spinone Italianos; Florence and
Aldo.
From afar, the one-story box-like structure looks similar to
some prefab models: its design retains the benefits of an
efficient floor plan, streamlined construction, and the
economical and sustainable use of materials. But look closer
and it becomes apparent that the house engages so much
more sympathetically with its surroundings that it literally
embraces the countryside.
Hydeaway House’s nuanced design coupled with careful
use of site-responsive materials enables the comfortable
dwelling to both easily accommodate to and take advantage
of Northern California’s dramatic shifts in weather — over
the course of a day, a week or over the course of the year.
To control costs, Schwartz and Architecture works to
evaluate the most strategic use of client resources; then
builds a foundation of decision making and design that can
endure far longer than the latest design trend. The total cost
of the Hydeaway House was $720,000, or $360 a square
foot. (Popular prefab models range between $300 and $450
a square foot. High-end residential construction in Sonoma
County is typically around $450 a square foot, excluding
costs for permits, engineering and design fees).
To furnish the house, Neal Schwartz sought out interesting,
durable and reasonably priced pieces. The architect always
finds inspiration at modern furniture store Room & Board.
Architect Neal Schwartz fashioned the coffee tables in the
living room from slices of white cypress. The light fixtures,
based on D.I.Y. plans supplied by Brooklyn lighting designer
Lindsey Adelman, were made with inexpensive parts from a
local hardware store. The art work was fabricated from cut-
outs of bird photographs, from a book by Andrew
Zuckerman.
Having completed the Hydeaway House, “the vineyard
prototype” of his simple idea, Schwartz went onto design a
second prototype located amidst the rugged hills
surrounding the Sonoma Valley. He appropriately named the
house “Box on the Rock.”
A lone outpost perched on pier foundations, this three-
bedroom, three-bath 2,000 square foot hillside house is
indeed a literal box on the rocks — or perhaps the house
might be viewed as a camera obscura, revealing cinematic
views through the square-cut entry court, the striking
landscape later revealed in its entirety through the living
area’s wall-length window.
Box on the Rock, Sonoma Valley, designed by Schwartz and
Architecture (Photography: Bruce Damonte)
“Box on the Rock” again begins with a basic rectangular
shape, but the uneven terrain inspired Schwartz and
Architecture to rearrange the design into a diamond-like
structure in order to properly respond to the difficult
conditions of the site.
While the house takes on a rather unconventional shape, it
remains rational and, in Neal Schwartz’s words, “un-finicky.”
The home’s grey-stained cedar wood exterior aids the
dwelling to beautifully complement the rugged stony
landscape.
“We tend to focus on a few key natural materials and let
those do the talking,” said Mr. Schwartz, “ if you look
carefully, the feeling of space comes from light, air and
views, rather than from a palette of expensive materials.”
Now working on a third “woods version” prototype, the
SPUR House, Schwartz and Architecture is continuing to
refine their “thoughtful design,” proving the point that a
custom home doesn’t necessarily need to be either fancy or
fussy. And, if done right, a custom home can be more
flexible than a prefab with the help of the view, light, air and
space.
Box on the Rock: the overhang of the front cantilevered deck
and the angle of its exterior glass walls are carefully
calibrated to capture the warming of winter’s morning sun
while at the same time insuring that the internal space is
protected from the unwanted harshness of summer sun’s
glare.
Later in the day, the central courtyard comes alive with the
afternoon sun, but remains always in pleasant partial
shade. The sequence of spaces also captures natural cross
breezes drawn through the valley, cooling both the house
and the semi-enclosed outdoor spaces.
By Sofia Englund | April 12th, 2016 | 11 Comments
EXHIBIT D
EXHIBIT D
Cal. R. app. I Emergency Rule 9
Rule Emergency Rule 9 - Tolling statutes of limitations for civil causes of action
(a) Tolling statutes of limitations over 180 days
Notwithstanding any other law, the statutes of limitations and repose for civil causes of
action that exceed 180 days are tolled from April 6, 2020, until October 1, 2020.
(b) Tolling statutes of limitations of 180 days or less
Notwithstanding any other law, the statutes of limitations and repose for civil causes of
action that are 180 days or less are tolled from April 6, 2020, until August 3, 2020.
Cal. R. Ct. App I R. R. Emergency Rule 9
Appendix I amended effective May 29, 2020; adopted effective April 6, 2020.
Advisory Committee Comment
Emergency rule 9 is intended to apply broadly to toll any statute of limitations on the filing of a pleading in court
asserting a civil cause of action. The term "civil causes of action" includes special proceedings. (See Code Civ.
Proc., §§ 312, 363 ["action," as used in title 2 of the code (Of the Time of Commencing Civil Actions), is construed
"as including a special proceeding of a civil nature"); special proceedings of a civil nature include all proceedings
in title 3 of the code, including mandamus actions under §§ 1085, 1088.5, and 1094.5 -all the types of petitions for
writ made for California Environmental Quality Act (CEQA) and land use challenges]; see also Pub. Resources
Code, § 21167(a)-(e) [setting limitations periods for civil "action[s]" under CEQA].)
The rule also applies to statutes of limitations on filing of causes of action in court found in codes other than the
Code of Civil Procedure, including the limitations on causes of action found in, for example, the Family Code and
Probate Code
1
EXHIBIT E
EXHIBIT E
1 PETER SCHWARTZ (SBN: 109859)
pschwartz@grsm.com
2 DAVID L. JONES (SBN: 112307)
djones@grsm.com
3 CHRISTOPHER R. WAGNER (SBN: 162092)
cwagner@grsm.com
4 GORDON REES SCULLY MANSUKHANI, LLP
633 West Fifth Street, 52nd floor
5 Los Angeles, CA 90071
Telephone: (213) 576-5019
6 Facsimile: (213) 680-4470
7 Attorneys for Defendant
FIRE INSURANCE EXCHANGE
8
9 SUPERIOR COURT OF CALIFORNIA
10 COUNTY OF SONOMA
11 GARY KOOP, ) CASE NO. SCV-266944
Gordon Rees Scully Mansukhani, LLP
) [Assigned to the Hon. Gary Nadler, Dept.
633 West Fifth Street, 52nd floor
12 Plaintiff, ) 19]
)
Los Angeles, CA 90071
13 vs. ) NOTICE OF MOTION AND
) MOTION FOR SUMMARY
14 FIRE INSURANCE EXCHANGE, dba JUDGMENT OR,
)
FARMERS INSURANCE GROUP; BRIAN ALTERNATIVELY, SUMMARY
15 HUNSAKER, ) ADJUDICATION
)
16 Defendants. ) [Filed concurrently with Separate
) Statement of Undisputed Facts, Request
17 ) for Judicial Notice, Evidence in Support
) of Motion, Declaration of Jason Jones,
18 ) Declaration of Christopher R. Wagner
) and [Proposed] Order]
19 )
) Date:
20 ) Time:
) Dept.: 19
21
) Complaint filed: August 24, 2020
22 ) Trial: April 8, 2022
23
24 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
25 PLEASE TAKE NOTICE that on______________, at ______ in Department 19 of the
26 above entitled Court, located at 3055 Cleveland Avenue, Santa Rosa, CA 95403, defendant Fire
27 Insurance Exchange (“Fire”) will move this Court for summary judgment or, alternatively,
28 summary adjudication pursuant to Code of Civil Procedure sections 437c and 437c, subdivision
-1-
NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR ADJUDICATION
1 (f). Fire brings this motion for summary judgment or, alternatively, summary adjudication
2 because the claims of plaintiff Gary Koop (“Plaintiff”) set forth in the first amended complaint
3 (“FAC”) have no merit and there is no triable issue of material fact with respect thereto. This
4 motion is based on the following:
5 Plaintiff’s claims against Fire are barred because Plaintiff failed to comply with
6
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1 Stacy M. Tucker (SBN 218942) stucker@kantorlaw.net 2 Jaclyn D. Conover (SBN 266749) 3 jconover@kantorlaw.net KANTOR & KANTOR LLP 4 19839 Nordhoff Street Northridge, California 91324 5 Telephone: (818) 886-2525 Facsimile: (818) 350-6272 6 7 Attorneys for Plaintiff, GARY KOOP 8 9 SUPERIOR COURT OF CALIFORNIA 10 COUNTY OF SONOMA 11 12 GARY KOOP, CASE NO: SCV-266944 Northridge, California 91324 13 KANTOR & KANTOR LLP 19839 Nordhoff Street Plaintiffs, (818) 886 2525 14 REQUEST FOR JUDICIAL NOTICE IN vs. SUPPORT OF PLAINTIFF’S MOTION 15 FOR SUMMARY ADJUDICATION FIRE INSURANCE EXCHANGE, dba AGAINST BRIAN HUNSAKER 16 FARMERS INSURANCE GROUP; BRIAN HUNSAKER, [Filed concurrently with Plaintiff’s Motion for 17 Summary Adjudication, Plaintiff’s Separate Defendants. Statement of Undisputed Facts, Evidence in 18 Support of Motion, Declaration of Gary Koop, Declaration of Stacy M. Tucker, Declaration of 19 Kenneth Bunger and Proposed Order] 20 Date: January 11, 2023 Time: 3:00 p.m. 21 Dept: 19 22 Complaint Filed: August 24, 2020 23 Trial Date: February 23, 2023 24 25 26 27 28 1 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION AGAINST BRIAN HUNSAKER 1 Pursuant to California Evidence Code Section 452 and/or 453, Plaintiff Gary Koop hereby 2 requests that the Court take judicial notice of the following public records, newspaper articles, 3 Insurance Code section, Motion for Summary Judgment of Fire Insurance Exchange and the 4 Declarations of Jason Jones and Christopher Wagner in support of Fire Insurance Exchange’s 5 Motion for Summary Judgment. 6 (1) The public record constituting the insurance agent license information for Brian Ross 7 Hunsaker, license no. 0687046, downloaded from the California Department of Insurance website 8 at https://cdicloud.insurance.ca.gov/cal/LicenseDetail on January 11, 2022, listing the entities for 9 which he is authorized to transact business, and attached as Exhibit A. 10 (2) “Rebuilding a Wine Country Home After Fire May Cost Way More Than Insurance 11 Provides, Architects Say,” The North Bay Business Journal (online edition), by Jeff Quackenbush, 12 October 20, 2017, found at https://www.northbaybusinessjournal.com/article/industry- Northridge, California 91324 13 news/rebuilding-a-wine-country-home-after-fire-may-cost-way-more-than-insurance/ and attached KANTOR & KANTOR LLP 19839 Nordhoff Street (818) 886 2525 14 as Exhibit B. 15 (3) “Custom Build Sonoma County Homes for the Price of a Prefab,” The Press Democrat, 16 by Sofia Englund, April 12, 2016, found at 17 https://realestate.blogs.pressdemocrat.com/14615/custom-built-sonoma-county-homes-for-the- 18 price-of-a-prefab/, (see page 3), and attached as Exhibit C. 19 (4) California Insurance Code §2071, attached as Exhibit D. 20 (5) Fire Insurance Exchange’s Motion for Summary Judgment filed in this action on 21 September 30, 2021, attached hereto as Exhibit E. 22 (6) Declaration of Jason Jones filed in support of Fire Insurance Exchange’s Motion for 23 Summary Judgment on September 30, 2021, attached hereto as Exhibit F. 24 (7) Declaration of Christopher Wagner filed in support of Fire Insurance Exchange’s 25 Motion for Summary Judgment on September 30, 2021, attached hereto as Exhibit G. 26 27 28 2 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION AGAINST BRIAN HUNSAKER DATED: October 26, 2022 KANTOR & KANTOR, LLP 1 2 By: /s/ Stacy Monahan Tucker 3 STACY MONAHAN TUCKER Attorneys for Plaintiff Gary Koop 4 5 6 7 8 9 10 11 12 Northridge, California 91324 13 KANTOR & KANTOR LLP 19839 Nordhoff Street (818) 886 2525 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION AGAINST BRIAN HUNSAKER EXHIBIT A EXHIBIT A Settings License Individual Name Business Name Enforcement Number Search Search Actions License Details Print or Download License Continuing Education Glossary of Terms Collapse All Information The license status information shown below represents information taken from the California Department of Insurance (CDI) licensing database at the time of your inquiry. 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Name: HUNSAKER BRIAN ROSS License #: 0687046 License Type and/or Original Issue Status Expiration Qualification Date Status Date Date Accident and Health 01/29/1986 Active 01/29/1986 09/30/2023 Casualty Broker-Agent 09/23/1985 Active 09/23/1985 09/30/2023 Life-Only 01/29/1986 Active 01/29/1986 09/30/2023 Property Broker-Agent 09/23/1985 Active 09/23/1985 09/30/2023 Business Address: 8741 OLD REDWOOD HWY WINDSOR CA, 95492 Business Phone: Bond Information Bond Amount Bond # Surety Company $10,000 FX - 152786 10216 - AMERICAN CONTRACTORS INDEMNITY COMPANY Company Appointments This licensee is authorized to transact on behalf of the following insurers: Show 10 entries Search: Qualification Effective Date Qualification Effective Date AMERICAN MODERN HOME INSURANCE COMPANY Casualty Broker-Agent 08/30/2018 Property Broker-Agent 08/30/2018 AMERICAN MODERN PROPERTY AND CASUALTY INSURANCE COMPANY Casualty Broker-Agent 10/02/2018 Property Broker-Agent 10/02/2018 ANTHEM BLUE CROSS LIFE AND HEALTH INSURANCE COMPANY Accident and Health 12/01/1993 Life-Only 12/01/1993 BLUE SHIELD OF CALIFORNIA LIFE & HEALTH INSURANCE COMPANY Accident and Health 11/02/2010 Life-Only 11/02/2010 COAST NATIONAL INSURANCE COMPANY Casualty Broker-Agent 10/22/2007 Property Broker-Agent 10/22/2007 Showing 1 to 10 of 26 entries Previous 1 2 3 Next Back to Top Copyright © State of California EXHIBIT B EXHIBIT B NBBJ Events Business Events Construction Wine Industry Cannabis Real Estate Law Manufacturing Search... Subscribe Rebuilding a Wine Country home after fire may cost way more than insurance provides, architects say prev next SLIDE 1 OF 2 Julia Donoho, interim chairwoman of the American Institute of Architects Redwood Empire chapter, leads a discussion of designers, engineers and city building officials Wednesday, Oct. 18, 2017, on how to respond to the North Bay wildfire damage to homes and businesses. .The meeting was held in Axia Architects's offices in Santa Rosa. (JEFF QUACKENBUSH / NORTH BAY BUSINESS JOURNAL) JEFF QUACKENBUSH BUSINESS JOURNAL STAFF REPORTER October 20, 2017 Order Article Reprint Architects and city building officials who have been helping owners of the several Example from Lake thousand homes destroyed in the North Bay fires plan their next steps hear that County's massive fire many want their former homes back. But like with the ongoing recovery from the Here is a March 14, 2016, replacement- Lake County fires, what insurance may provide to rebuild could be far less than what cost estimate for a home destroyed in it typically costs to do so. the 2015 Lake County Valley fire. Jessie Whitesides, a principal architect for Asquared Studios, has been volunteering at Hard costs: Building the American Institute of Architects booth in the Santa Rosa local assistance center, structures and common questions she has been hearing are ow much it will cost to rebuild, why Main house an architect is needed and what steps are required. Square footage: 1,740 Contractor estimates: $391,500– “When they share the amount the insurance company is giving them for the house, $522,000; $225–$325 per square foot and I calculate that for them with the square footage (of the house), most insurance Porches and decks companies are offering about $160 a square foot,” she told architects, engineers and Square footage: 1,072 a couple of homeowners gathered in Santa Rosa on Wednesday for the inaugural Contractor estimates: $37,320–$62,200; meeting of the Firestorm Recovery Committee, just formed by the institutes's $35–$58 psf Redwood Empire chapter. “So, I think we need to be prepared to tell them what the Garage and accessory spaces minimum is here.” Square footage: 956 Contractor estimates: $50,640–$84,400; Architects among the 60 who attended the meeting noted that, based on what it $53–$88 psf currently costs to build homes in the Santa Rosa area, the per-square-foot minimums Subtotal: Building structures could be roughly $300 in the ravaged Coffey Park subdivision of northwest Santa Square footage: 3,768 Rosa, $400 for the Mark West and Larkfield neighborhoods north of the city and Contractor estimates: $479,460– $500–$800 for northeast hillside custom homes in the Fountaingrove area of Santa $668,600; $127–$177 psf Rosa. Soft costs: Design, “That's the bare minimum - drywall, paint, baseboard,” Whitesides said. “My tactic was permits and fees to explain to them hard costs versus soft costs, explain to your insurance company Architecture and engineering, 8 percent: that there's no way you are going to get your house back without spending money on $38,357–$53,448 soft costs.” Utility connections, 2 percent: $9,589– $13,372 “Hard costs” include what it takes to physically build the structure. “Soft costs” cover Building permits and fees, 4 percent: what it takes at the architecture, engineering, utilities and permitting levels to make $12,754 that happen. Total soft costs: $60,700–$79,614; $16– $21 psf Homeowners wanting to have the same design rebuilt through local governments' Hard and soft costs: $540,160– expedited review process still will need to get a architect and a structural engineer to $748,214; $143–$199 psf update the plans for code changes, such as California's energy-efficiency, green- Source: Julia Donoho, AIA, Esq. building and life-and-safety requirements. Homeowners also will need to get certified More business coverage of the North Bay fires: that below-slab underground utilities are OK. And that's after cleanup of the former nbbj.news/2017fires home sites is completed. Among fire-recovery efforts the architects group wants to move quickly on include providing the public a range of real examples of what it costs to build homes like those burned, as a starting point for negotiations with insurance companies. Depending on the policy, there can be percentage caps for actual replacement costs, noted Julia Donoho, interim chairwoman of the local architect group chapter as well as an architect and attorney. Last year, she helped homeowners in Lake County negotiate with carriers for funds to rebuild after the Valley fire. “It is very possible may not be able to build the same house for that amount of BREAKING NEWS ALERTS money,” Donoho said. Receive immediate notice of major Doug Hilberman, principal of Axia Architects and among those who lost home to the local breaking news events. fire, cautioned his colleagues at the recovery committee meeting about putting out Enter your email address figures on construction costs. He had been in meetings with building industry professionals, local business leaders, and Santa Rosa and county of Sonoma officials Subscribe Now and found they each have a perspective how they will participate in rebuilding. “The insurance company starts with an expert coming in with a formula, but we as Read our Privacy Policy designers like to say, ‘Yes, you had an apple, but let's talk about what your real needs are, and maybe, it's an orange when we look at it from a community standpoint what would be good in that location,'” Hilberman said. “Having talked to my own insurance agent, they say that if it is going to cost more, they are open to that dialogue. We have to recognize that it's a challenge for the homeowner if the insurance company is cost-estimating an apple and you're handing them a set of plans for an orange. That's where the dialogue gets long, and we're going to add time to this discussion.” And the clock on common policy provisions for living expenses is ticking, he noted. When the typical 24-month living expenses period includes a few months for cleanup and permitting, many homeowners need to start getting updated plans submitted back to local building departments in the next few months, Hilberman emphasized. Trade groups plan to lobby Sacramento for a two-year extension. MOST POPULAR 1 2 3 California wine industry lost more than North Bay geothermal power expansion $250 million in value as a result of port Digital Marketing: 8 online trends for plan gains steam disruptions business success in 2022 4 5 6 Home COVID tests to be covered by Sonoma County issues ban on large insurers starting Saturday. Here’s what Napa Valley radio company makes big gatherings amid latest omicron surge you need to know shift to Spanish-language format Jesse Oswald, Santa Rosa permit intake manager, told the recovery committee that the city plans to evaluate rebuild plans and do inspections initially but eventually turn that over to a larger authority, such as the Federal Emergency Management Agency. Also part of a forthcoming urgency ordinance would be a planning process for all the burned areas of the city. “If you're rebuilding what was there before, you will not need much review,” Oswald said. “My intent that if it is stamped by a design professional, we will issue the permit.” Licensing by the California Architects Board isn't required under state law for designs of certain single-family homes. Because of the magnitude of the fires and the expected flood of plans submissions, city staff plan to issue building permits the next day after plans come in with the stamps of a state-licensed architect and structural engineer. If updated and stamped plans are submitted to the city with changes in the height or footprint of the home, that will require more involved review, Oswald said. And if it's a totally different house, it's essentially redevelopment and will call for even more scrutiny, albeit in priority to submissions from outside the burn area, Oswald said. “All submittals will require a plan review,” Oswald said Oct. 24. “Those submitted by RELATED STORIES licensed design professionals will obtain the fastest turnaround, providing the submittal is complete.” Jeff Quackenbush (jquackenbush@busjrnl.com, 707-521-4256) covers the wine business and commercial construction and real estate. UPDATE, Oct. 24, 2017: Closing comment from Jesse Oswald of the city of Santa Rosa, Rebuilt homes in Santa Rosa's clarifying review of plans from licensed and unlicensed designers. fire-leveled Coffey Park by summer? CORRECTION, Oct. 23, 2017: Designs of certain single-family homes and rural properties don't have to be done by a licensed architect under state law. However, city of Santa Rosa Building Division staff plans to issue permits the next day for plans with the stamps of licensed architects and engineers. Others will have to go through more extended plan check. UPDATE, Oct. 23, 2017: Starting points for per-square-foot costs of replacement for North Bay homeowners race to bump up insurance homes were added for Mark West/Larkfield and clarified for Fountaingrove, per Julia coverage after fires Donoho of AIA of the Redwood Empire. Sponsored Content on North Bay Business Journal In 2022, Resolve To Be Better Informed On The Issues Concerning Christians Today By WORLD Opinions From WORLD News Group: Sound journalism, grounded in facts and Biblical truth. EXHIBIT C EXHIBIT C Subscribe Sections Real Sonoma News and conversation about Sonoma County real estate Custom Built Sonoma County Homes for the Price of a Search ... Prefab Most Popular 6 Sonoma County fixers for less than $500,000 6 condos in Sonoma County perfect for starting out or downsizing Ukiah home with stunning 270- degree views listed for $1.3 million Santa Rosa rents up 12.7% over last year The Hydeaway House, Sonoma, designed by Schwartz and Architecture (Photography: Matthew Millman) Five Santa Rosa homes under Architect Neal Schwartz’s Sonoma County home — The $650,000 Hydeaway House — was built to prove a point: a custom built house, done right, can give you more bang for your buck than a prefab. Mr. Schwartz, who teaches at the California College of Arts and owns San Francisco-based Schwartz and Architecture, About this blog has seen a growing number of local house hunters who are considering prefab, but at the same time want the option of more customizable and site-responsive homes. Utilizing a “thoughtful design” process, Mr. Schwartz enjoys complementing the efficient floor plans of smaller strategic (and less expensive) structures with the increased sense of expansiveness that view, light, air and space can provide. To help solve the dilemma clients faced of having to choose between prefabricated or custom construction, Schwartz began thinking his way out of the prefab box. “While I am interested in prefab solutions and support the industry, I realized that there might still be a place for small- scaled homes at a competitive price — homes that have the ability to take far more advantage of the particular qualities of the site,” Schwartz said. His Hydeaway House, located on a Carneros vineyard, is the prototype for his alternative to the prefab solution. Christina Molcillo is a full-time writer with experience in online content development, digital marketing, and creative strategy. She has a background in journalism, magazine publication, web design, teaching, as well as avoiding karaoke nights and awkward situations. She also has a penchant for old cars, older houses, and vintage Italian scooters. Archives Select Month Categories Select Category Our Network Taking his inspiration directly from the Sonoma County landscape, Schwartz went about designing this two- bedroom, two-bath 1,900-square-foot Carneros home as a weekend retreat and a place to retire for himself, his spouse; Ron Flynn, and their two Spinone Italianos; Florence and Aldo. From afar, the one-story box-like structure looks similar to some prefab models: its design retains the benefits of an efficient floor plan, streamlined construction, and the economical and sustainable use of materials. But look closer and it becomes apparent that the house engages so much more sympathetically with its surroundings that it literally embraces the countryside. Hydeaway House’s nuanced design coupled with careful use of site-responsive materials enables the comfortable dwelling to both easily accommodate to and take advantage of Northern California’s dramatic shifts in weather — over the course of a day, a week or over the course of the year. To control costs, Schwartz and Architecture works to evaluate the most strategic use of client resources; then builds a foundation of decision making and design that can endure far longer than the latest design trend. The total cost of the Hydeaway House was $720,000, or $360 a square foot. (Popular prefab models range between $300 and $450 a square foot. High-end residential construction in Sonoma County is typically around $450 a square foot, excluding costs for permits, engineering and design fees). To furnish the house, Neal Schwartz sought out interesting, durable and reasonably priced pieces. The architect always finds inspiration at modern furniture store Room & Board. Architect Neal Schwartz fashioned the coffee tables in the living room from slices of white cypress. The light fixtures, based on D.I.Y. plans supplied by Brooklyn lighting designer Lindsey Adelman, were made with inexpensive parts from a local hardware store. The art work was fabricated from cut- outs of bird photographs, from a book by Andrew Zuckerman. Having completed the Hydeaway House, “the vineyard prototype” of his simple idea, Schwartz went onto design a second prototype located amidst the rugged hills surrounding the Sonoma Valley. He appropriately named the house “Box on the Rock.” A lone outpost perched on pier foundations, this three- bedroom, three-bath 2,000 square foot hillside house is indeed a literal box on the rocks — or perhaps the house might be viewed as a camera obscura, revealing cinematic views through the square-cut entry court, the striking landscape later revealed in its entirety through the living area’s wall-length window. Box on the Rock, Sonoma Valley, designed by Schwartz and Architecture (Photography: Bruce Damonte) “Box on the Rock” again begins with a basic rectangular shape, but the uneven terrain inspired Schwartz and Architecture to rearrange the design into a diamond-like structure in order to properly respond to the difficult conditions of the site. While the house takes on a rather unconventional shape, it remains rational and, in Neal Schwartz’s words, “un-finicky.” The home’s grey-stained cedar wood exterior aids the dwelling to beautifully complement the rugged stony landscape. “We tend to focus on a few key natural materials and let those do the talking,” said Mr. Schwartz, “ if you look carefully, the feeling of space comes from light, air and views, rather than from a palette of expensive materials.” Now working on a third “woods version” prototype, the SPUR House, Schwartz and Architecture is continuing to refine their “thoughtful design,” proving the point that a custom home doesn’t necessarily need to be either fancy or fussy. And, if done right, a custom home can be more flexible than a prefab with the help of the view, light, air and space. Box on the Rock: the overhang of the front cantilevered deck and the angle of its exterior glass walls are carefully calibrated to capture the warming of winter’s morning sun while at the same time insuring that the internal space is protected from the unwanted harshness of summer sun’s glare. Later in the day, the central courtyard comes alive with the afternoon sun, but remains always in pleasant partial shade. The sequence of spaces also captures natural cross breezes drawn through the valley, cooling both the house and the semi-enclosed outdoor spaces. By Sofia Englund | April 12th, 2016 | 11 Comments EXHIBIT D EXHIBIT D Cal. R. app. I Emergency Rule 9 Rule Emergency Rule 9 - Tolling statutes of limitations for civil causes of action (a) Tolling statutes of limitations over 180 days Notwithstanding any other law, the statutes of limitations and repose for civil causes of action that exceed 180 days are tolled from April 6, 2020, until October 1, 2020. (b) Tolling statutes of limitations of 180 days or less Notwithstanding any other law, the statutes of limitations and repose for civil causes of action that are 180 days or less are tolled from April 6, 2020, until August 3, 2020. Cal. R. Ct. App I R. R. Emergency Rule 9 Appendix I amended effective May 29, 2020; adopted effective April 6, 2020. Advisory Committee Comment Emergency rule 9 is intended to apply broadly to toll any statute of limitations on the filing of a pleading in court asserting a civil cause of action. The term "civil causes of action" includes special proceedings. (See Code Civ. Proc., §§ 312, 363 ["action," as used in title 2 of the code (Of the Time of Commencing Civil Actions), is construed "as including a special proceeding of a civil nature"); special proceedings of a civil nature include all proceedings in title 3 of the code, including mandamus actions under §§ 1085, 1088.5, and 1094.5 -all the types of petitions for writ made for California Environmental Quality Act (CEQA) and land use challenges]; see also Pub. Resources Code, § 21167(a)-(e) [setting limitations periods for civil "action[s]" under CEQA].) The rule also applies to statutes of limitations on filing of causes of action in court found in codes other than the Code of Civil Procedure, including the limitations on causes of action found in, for example, the Family Code and Probate Code 1 EXHIBIT E EXHIBIT E 1 PETER SCHWARTZ (SBN: 109859) pschwartz@grsm.com 2 DAVID L. JONES (SBN: 112307) djones@grsm.com 3 CHRISTOPHER R. WAGNER (SBN: 162092) cwagner@grsm.com 4 GORDON REES SCULLY MANSUKHANI, LLP 633 West Fifth Street, 52nd floor 5 Los Angeles, CA 90071 Telephone: (213) 576-5019 6 Facsimile: (213) 680-4470 7 Attorneys for Defendant FIRE INSURANCE EXCHANGE 8 9 SUPERIOR COURT OF CALIFORNIA 10 COUNTY OF SONOMA 11 GARY KOOP, ) CASE NO. SCV-266944 Gordon Rees Scully Mansukhani, LLP ) [Assigned to the Hon. Gary Nadler, Dept. 633 West Fifth Street, 52nd floor 12 Plaintiff, ) 19] ) Los Angeles, CA 90071 13 vs. ) NOTICE OF MOTION AND ) MOTION FOR SUMMARY 14 FIRE INSURANCE EXCHANGE, dba JUDGMENT OR, ) FARMERS INSURANCE GROUP; BRIAN ALTERNATIVELY, SUMMARY 15 HUNSAKER, ) ADJUDICATION ) 16 Defendants. ) [Filed concurrently with Separate ) Statement of Undisputed Facts, Request 17 ) for Judicial Notice, Evidence in Support ) of Motion, Declaration of Jason Jones, 18 ) Declaration of Christopher R. Wagner ) and [Proposed] Order] 19 ) ) Date: 20 ) Time: ) Dept.: 19 21 ) Complaint filed: August 24, 2020 22 ) Trial: April 8, 2022 23 24 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 25 PLEASE TAKE NOTICE that on______________, at ______ in Department 19 of the 26 above entitled Court, located at 3055 Cleveland Avenue, Santa Rosa, CA 95403, defendant Fire 27 Insurance Exchange (“Fire”) will move this Court for summary judgment or, alternatively, 28 summary adjudication pursuant to Code of Civil Procedure sections 437c and 437c, subdivision -1- NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR ADJUDICATION 1 (f). Fire brings this motion for summary judgment or, alternatively, summary adjudication 2 because the claims of plaintiff Gary Koop (“Plaintiff”) set forth in the first amended complaint 3 (“FAC”) have no merit and there is no triable issue of material fact with respect thereto. This 4 motion is based on the following: 5 Plaintiff’s claims against Fire are barred because Plaintiff failed to comply with 6