Preview
1 Stacy M. Tucker (SBN 218942)
stucker@kantorlaw.net
2 Jaclyn D. Conover (SBN 266749)
jconover@kantorlaw.net
3 KANTOR & KANTOR, LLP
19839 Nordhoff Street
4 Northridge, CA 91324
Telephone: (818) 886-2525
5 Facsimile: (818) 350-6272
6 Attorneys for Plaintiff,
GARY KOOP
7
8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF SONOMA
10
11 GARY KOOP, CASE NO: SCV-266944
12 Assigned to Hon. Judge Oscar A. Pardo
Plaintiffs,
Northridge, California 91324
13
KANTOR & KANTOR LLP
EVIDENCE IN SUPPORT OF MOTION
19839 Nordhoff Street
vs. FOR SUMMARY JUDGMENT, OR, IN
(818) 886 2525
14 THE ALTERNATIVE, SUMMARY
FIRE INSURANCE EXCHANGE, dba ADJUDICATION OF CAUSES OF
15 FARMERS INSURANCE GROUP; BRIAN ACTION FOR BREACH OF CONTRACT,
HUNSAKER, REFORMATION, FRAUD,
16 MISREPRESENTATION, NEGLIGENCE
Defendants. AND BREACH OF THE IMPLIED
17 COVENANT OF GOOD FAITH AND FAIR
DEALING
18
19 [Filed concurrently with Plaintiff’s Motion for
Summary Judgment, Declaration of Stacy
20 Tucker, Declaration of Gary Koop, Declaration
of Kenneth Bunger, Plaintiff’s Separate
21 Statement of Undisputed Facts, Request for
Judicial Notice, and Proposed Order]
22
23 Date:
Time:
24 Dept: 19
25
26 Action Filed: August 24, 2020
Trial Date: June 30, 2023
27
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1
EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR, IN THE
ALTERNATIVE, SUMMARY ADJUDICATION
1 Pursuant to California Rules of Court, Rule 3.1350, subdivisions (e) (3) and (g), Plaintiff,
2 Gary Koop, submits the following evidence in support of his Motion for Summary Judgment of
3 Causes of Action for Breach of Contract, Reformation, Fraud, Misrepresentation, Negligence and
4 Breach of the Implied Covenant of Good Faith and Fair Dealing against Fire Insurance Exchange:
5 • Request for Judicial Notice with Exhibits A through I.
6
• Declaration of Gary Koop with Exhibit A and B.
7
8 • Declaration of Stacy M. Tucker with Exhibits 1 through 50.
9
• Declaration of Kenneth Bunger (no exhibits)
10
11 TABLE OF CONTENTS – EVIDENCE IN SUPPORT OF MOTION
12
Request for Judicial Notice
Northridge, California 91324
13
KANTOR & KANTOR LLP
19839 Nordhoff Street
(818) 886 2525
14 Exhibit A: A copy of plaintiff Farmers insurance policy, related declarations disclosures,
15 and endorsements found in volume 8 of the Reporter’s Appeal Transcript in the matter of Major v.
16 Western Home Insurance Company (Case No. D050479) in the Court of Appeal, Fourth Appellate
17 District, Division One.
18 Exhibit B: California Department of Insurance (“CDI”) website published report of the
19 targeted market conduct examination of CSAA Insurance Exchange and the CSAA Fire and
20 Casualty Insurance Company following the Wildfires of 2015 and 2017, dated December 3, 2018
21 (adopted on August 24, 2020), and accessed via the following URL:
22 https://interactive.web.insurance.ca.gov/apex_extprd/f?p=151:1:16755473114710::NO:RP.
23 Exhibit C: California Department of Insurance (“CDI”) website published report of the
24 targeted market conduct examination of USAA Group following the Wildfires of 2015 and 2017,
25 dated August 5, 2019 (adopted on August 24, 2020), and accessed via the following URL:
26 https://interactive.web.insurance.ca.gov/apex_extprd/f?p=151:1:16755473114710::NO:RP.
27 Exhibit D: California Department of Insurance (“CDI”) website published report of the
28 targeted market conduct examination of State Farm General Insurance Company following the
2
EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR, IN THE
ALTERNATIVE, SUMMARY ADJUDICATION
1 Wildfires of 2015 and 2017, dated October 22, 2018 (adopted on December 7, 2020), and accessed
2 via the following URL:
3 https://interactive.web.insurance.ca.gov/apex_extprd/f?p=151:1:16755473114710::NO:RP.
4 Exhibit E: California Department of Insurance (“CDI”) website published report of the
5 targeted market conduct examination of Nationwide Group following the Wildfires of 2015 and
6 2017, dated February 4, 2019 (adopted on December 7, 2020), and accessed via the following
7 URL:
8 https://interactive.web.insurance.ca.gov/apex_extprd/f?p=151:1:16755473114710::NO:RP.
9 Exhibit F: California Department of Insurance (“CDI”) website published report of the
10 targeted market conduct examination of Allstate Insurance Group following the Wildfires of 2015
11 and 2017, dated November 16, 2020 (adopted on August 24, 2020), and accessed via the following
12 URL:
Northridge, California 91324
13 https://interactive.web.insurance.ca.gov/apex_extprd/f?p=151:1:16755473114710::NO:RP.
KANTOR & KANTOR LLP
19839 Nordhoff Street
(818) 886 2525
14 Exhibit G: Fire Insurance Exchange’s Motion for Summary Judgment filed in this action
15 on September 30, 2021.
16 Exhibit H: Declaration of Jason Jones filed in support of Fire Insurance Exchange’s
17 Motion for Summary Judgment on September 30, 2021.
18 Exhibit I: Declaration of Christopher Wagner filed in support of Fire Insurance
19 Exchange’s Motion for Summary Judgment on September 30, 2021.
20
21 Declaration of Gary Koop
22
Exhibit A Photos of the exterior of 2520 Amber Lane and 3500 Amber Lane before the Tubbs
23
fire.
24
25 Exhibit B Documents evidencing expenses incurred for rebuild of Property, estimates for
26 outbuildings, estimates for erosion control.
27
Declaration of Stacy M. Tucker
28
3
EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR, IN THE
ALTERNATIVE, SUMMARY ADJUDICATION
1 Exhibit 1 Hunsaker Response Special Interrogatory No. 36, verified 5/20/2021
2 Exhibit 2 Farmers 2012 Estimate
3 Exhibit 3 Farmers 2015 Estimate (provided to Plaintiff)
4 Exhibit 4 Farmers 2019 Estimate
5 Exhibit 5 Farmers 2015 Home Estimate (not provided to Plaintiff)
6 Exhibit 6 Farmers’ Detailed Home Reconstruction Estimate Post-Tubbs
7 Exhibit 7 Farmers 2008 360Value High Value Home Announcement
8 Exhibit 8 Farmers 2011 360Value Announcement All Homes
9 Exhibit 9 Farmers Automatic Dwelling Quality Grade Announcement
10 Exhibit 10 Farmers April 1, 2013 Announcement
11 Exhibit 11 Pre-Fill 360Value Quality Grade Explanation
12 Exhibit 12 Farmers Policies Farmers Friendly Reviews Emphasis
Northridge, California 91324
13 Exhibit 13 Farmers Style Policies and Procedures
KANTOR & KANTOR LLP
19839 Nordhoff Street
(818) 886 2525
14 Exhibit 14 Farmers Dwelling Quality Grade Explanation and Chart
15 Exhibit 15 Farmers March 2017 Announcement
16 Exhibit 16 Hunsaker and Koop September 2015 Correspondence Log
17 Exhibit 17 Plaintiff’s June 17, 2019 letter to Farmers
18 Exhibit 18 Claims Adjuster Client Speaking Requirement Farmers Policies
19 Exhibit 19 Farmers Investigation Internal Notes
20 Exhibit 20 Farmers Further Responses to Special Interrogatory Nos. 23 and 24, verified
21 8/2/2021.
22 Exhibit 21 Hunsaker Response to Special Interrogatory No. 11 – verified 5/20/2021.
23 Exhibit 22 Farmers’ Website Home Estimates
24 Exhibit 23 Confirmation of claims adjuster after fire in October 2017 that house was custom
25 built. FIRE-CLAIMS 0134, 0140, and 0387 through 0410; application for
26 insurance HUNS 000257-000264.
27 Exhibit 24 True and correct copies of relevant portions of the deposition transcript of Brian
28 Hunsaker.
4
EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR, IN THE
ALTERNATIVE, SUMMARY ADJUDICATION
1 Exhibit 25 True and correct copies of relevant portions of the deposition transcript of Justin
2 Price.
3 Exhibit 26 True and correct copies of relevant portions of the deposition transcript of Brianne
4 Hall.
5 Exhibit 27 True and correct copies of relevant portions of the deposition transcript of Liz
6 Evans.
7 Exhibit 28 True and correct copies of pages FIRE-CLAIMS 0037-0038 produced by Fire
8 Insurance Exchange.
9 Exhibit 29 True and correct copies of pages FIRE-CLAIMS 00954-00955 produced by Fire
10 Insurance Exchange.
11 Exhibit 30 True and correct copies of pages FIRE-CLAIMS 02284-02285 produced by Fire
12 Insurance Exchange.
Northridge, California 91324
13 Exhibit 31 True and correct copies of pages FIRE-CLAIMS 00509-00516 produced by Fire
KANTOR & KANTOR LLP
19839 Nordhoff Street
(818) 886 2525
14 Insurance Exchange.
15 Exhibit 32 True and correct copies of pages FIRE-CLAIMS 00269-00276 produced by Fire
16 Insurance Exchange.
17 Exhibit 33 True and correct copies of pages FIRE-CLAIMS 02207-02208 produced by Fire
18 Insurance Exchange.
19 Exhibit 34 True and correct copies of pages FIRE-CLAIMS 00954-00956 produced by Fire
20 Insurance Exchange.
21 Exhibit 35 True and correct copies of pages FIRE-CLAIMS 0032-0033 produced by Fire
22 Insurance Exchange.
23 Exhibit 36 True and correct copies of pages FIRE 0388 produced by Fire Insurance Exchange.
24 Exhibit 37 True and correct copies of pages FIRE 0409-0412 produced by Fire Insurance
25 Exchange.
26 Exhibit 38 True and correct copies of pages FIRE 0973-0974 produced by Fire Insurance
27 Exchange.
28
5
EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR, IN THE
ALTERNATIVE, SUMMARY ADJUDICATION
1 Exhibit 39 True and correct copies of pages FIRE 0323-0324 produced by Fire Insurance
2 Exchange.
3 Exhibit 40 True and correct copies of pages FIRE 0044-0049 produced by Fire Insurance
4 Exchange.
5 Exhibit 41 True and correct copies of additional relevant portions of the Deposition testimony
6 of Brian Hunsaker.
7 Exhibit 42 True and correct copies of page FIRE 1027 produced by Fire Insurance Exchange.
8 Exhibit 43 True and correct copies of relevant portions of the deposition transcript of Jared
9 Schmitz.
10 Exhibit 44 True and correct copies of pages FIRE-POLICY 0256-0347 produced by Fire
11 Insurance Exchange.
12 Exhibit 45 True and correct copies of pages FIRE-POLICY 0348-0351 produced by Fire
Northridge, California 91324
13 Insurance Exchange.
KANTOR & KANTOR LLP
19839 Nordhoff Street
(818) 886 2525
14 Exhibit 46 True and correct copies of pages FIRE-POLICY 0352-0357 produced by Fire
15 Insurance Exchange.
16 Exhibit 47 True and correct copies of pages FIRE-POLICY 0358-0382 produced by Fire
17 Insurance Exchange.
18 Exhibit 48 True and correct copies of pages FIRE-POLICY 0383-0384 produced by Fire
19 Insurance Exchange.
20 Exhibit 49 True and correct copies of documents produced by Plaintiff as KOOP 0338-0365;
21 0366-0393 and 0394-0418.
22 Exhibit 50 True and correct copies of pages FIRE-POLICY 00001-0120 produced by Fire
23 Insurance Exchange.
24
25 Declaration of Kenneth Bunger – no exhibits.
26
27
28
6
EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR, IN THE
ALTERNATIVE, SUMMARY ADJUDICATION
DATED: March 2, 2023 KANTOR & KANTOR, LLP
1
2
By: /s/ Stacy Monahan Tucker
3 Stacy M. Tucker
Jaclyn D. Conover
4 Attorneys for Plaintiff,
GARY KOOP
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Northridge, California 91324
13
KANTOR & KANTOR LLP
19839 Nordhoff Street
(818) 886 2525
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EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR, IN THE
ALTERNATIVE, SUMMARY ADJUDICATION
1 PROOF OF SERVICE
2 I, Carolyn Spencer, declare as follows:
3 I am employed in the County of Los Angeles, State of California. I am over the age of 18
and not a party to the within action; my business address is 19839 Nordhoff Street, Northridge,
4 CA 91324.
5 On March 2, 2023, I served the foregoing document described as EVIDENCE IN
SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR, IN THE ALTERNATIVE,
6 SUMMARY ADJUDICATION in this action by serving a true copy thereof addressed as
follows:
7
Christopher R. Wagner, Esq. cwagner@grsm.com
8 David Jones, Esq. djones@grsm.com
Steven Inouye, Esq. sinouye@grsm.com
9 ilopez@grsm.com (assistant)
GORDON REES SCULLY MANSUKHANI, LLP
jodell@grsm.com (assistant)
10 633 West Fifth Street, 52nd floor
Los Angeles, CA 90071
11 Attorneys for Defendant Fire Insurance
Exchange, dba Farmers Insurance
12 Group
Northridge, California 91324
13
KANTOR & KANTOR LLP
19839 Nordhoff Street
Albert M. T. Finch, III, Esq. tfinch@fgppr.com
(818) 886 2525
14 Jason Deng, Esq. jdeng@fgppr.com
FORAN GLENNON kokasaki@fgppr.com (assistant)
15 1741 Technology Drive, Suite 250
San Jose, CA 95110
16
Attorneys for Defendant Brian Hunsaker
17
18 [X] BY E-MAIL SERVICE: I caused a copy of the document(s) to be sent from e-mail address
19 cspencer@kantorlaw.net to the persons at the e-mail addresses listed above. I did not receive,
within a reasonable time after the transmission, any electronic message or other indication that the
20 transmission was unsuccessful.
21
[x] STATE: I declare under penalty of perjury under the Laws of the State of California that the
22 foregoing is true and correct.
23
I declare under penalty of perjury under the laws of the State of California that the above is
24 true and correct. Executed on March 2, 2023, Rohnert Park, California.
25
/s/Carolyn Spencer
26 Carolyn Spencer
27
28
8
EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR, IN THE
ALTERNATIVE, SUMMARY ADJUDICATION
Preview
1 Stacy M. Tucker (SBN 218942) stucker@kantorlaw.net 2 Jaclyn D. Conover (SBN 266749) jconover@kantorlaw.net 3 KANTOR & KANTOR, LLP 19839 Nordhoff Street 4 Northridge, CA 91324 Telephone: (818) 886-2525 5 Facsimile: (818) 350-6272 6 Attorneys for Plaintiff, GARY KOOP 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SONOMA 10 11 GARY KOOP, CASE NO: SCV-266944 12 Assigned to Hon. Judge Oscar A. Pardo Plaintiffs, Northridge, California 91324 13 KANTOR & KANTOR LLP EVIDENCE IN SUPPORT OF MOTION 19839 Nordhoff Street vs. FOR SUMMARY JUDGMENT, OR, IN (818) 886 2525 14 THE ALTERNATIVE, SUMMARY FIRE INSURANCE EXCHANGE, dba ADJUDICATION OF CAUSES OF 15 FARMERS INSURANCE GROUP; BRIAN ACTION FOR BREACH OF CONTRACT, HUNSAKER, REFORMATION, FRAUD, 16 MISREPRESENTATION, NEGLIGENCE Defendants. AND BREACH OF THE IMPLIED 17 COVENANT OF GOOD FAITH AND FAIR DEALING 18 19 [Filed concurrently with Plaintiff’s Motion for Summary Judgment, Declaration of Stacy 20 Tucker, Declaration of Gary Koop, Declaration of Kenneth Bunger, Plaintiff’s Separate 21 Statement of Undisputed Facts, Request for Judicial Notice, and Proposed Order] 22 23 Date: Time: 24 Dept: 19 25 26 Action Filed: August 24, 2020 Trial Date: June 30, 2023 27 28 1 EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION 1 Pursuant to California Rules of Court, Rule 3.1350, subdivisions (e) (3) and (g), Plaintiff, 2 Gary Koop, submits the following evidence in support of his Motion for Summary Judgment of 3 Causes of Action for Breach of Contract, Reformation, Fraud, Misrepresentation, Negligence and 4 Breach of the Implied Covenant of Good Faith and Fair Dealing against Fire Insurance Exchange: 5 • Request for Judicial Notice with Exhibits A through I. 6 • Declaration of Gary Koop with Exhibit A and B. 7 8 • Declaration of Stacy M. Tucker with Exhibits 1 through 50. 9 • Declaration of Kenneth Bunger (no exhibits) 10 11 TABLE OF CONTENTS – EVIDENCE IN SUPPORT OF MOTION 12 Request for Judicial Notice Northridge, California 91324 13 KANTOR & KANTOR LLP 19839 Nordhoff Street (818) 886 2525 14 Exhibit A: A copy of plaintiff Farmers insurance policy, related declarations disclosures, 15 and endorsements found in volume 8 of the Reporter’s Appeal Transcript in the matter of Major v. 16 Western Home Insurance Company (Case No. D050479) in the Court of Appeal, Fourth Appellate 17 District, Division One. 18 Exhibit B: California Department of Insurance (“CDI”) website published report of the 19 targeted market conduct examination of CSAA Insurance Exchange and the CSAA Fire and 20 Casualty Insurance Company following the Wildfires of 2015 and 2017, dated December 3, 2018 21 (adopted on August 24, 2020), and accessed via the following URL: 22 https://interactive.web.insurance.ca.gov/apex_extprd/f?p=151:1:16755473114710::NO:RP. 23 Exhibit C: California Department of Insurance (“CDI”) website published report of the 24 targeted market conduct examination of USAA Group following the Wildfires of 2015 and 2017, 25 dated August 5, 2019 (adopted on August 24, 2020), and accessed via the following URL: 26 https://interactive.web.insurance.ca.gov/apex_extprd/f?p=151:1:16755473114710::NO:RP. 27 Exhibit D: California Department of Insurance (“CDI”) website published report of the 28 targeted market conduct examination of State Farm General Insurance Company following the 2 EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION 1 Wildfires of 2015 and 2017, dated October 22, 2018 (adopted on December 7, 2020), and accessed 2 via the following URL: 3 https://interactive.web.insurance.ca.gov/apex_extprd/f?p=151:1:16755473114710::NO:RP. 4 Exhibit E: California Department of Insurance (“CDI”) website published report of the 5 targeted market conduct examination of Nationwide Group following the Wildfires of 2015 and 6 2017, dated February 4, 2019 (adopted on December 7, 2020), and accessed via the following 7 URL: 8 https://interactive.web.insurance.ca.gov/apex_extprd/f?p=151:1:16755473114710::NO:RP. 9 Exhibit F: California Department of Insurance (“CDI”) website published report of the 10 targeted market conduct examination of Allstate Insurance Group following the Wildfires of 2015 11 and 2017, dated November 16, 2020 (adopted on August 24, 2020), and accessed via the following 12 URL: Northridge, California 91324 13 https://interactive.web.insurance.ca.gov/apex_extprd/f?p=151:1:16755473114710::NO:RP. KANTOR & KANTOR LLP 19839 Nordhoff Street (818) 886 2525 14 Exhibit G: Fire Insurance Exchange’s Motion for Summary Judgment filed in this action 15 on September 30, 2021. 16 Exhibit H: Declaration of Jason Jones filed in support of Fire Insurance Exchange’s 17 Motion for Summary Judgment on September 30, 2021. 18 Exhibit I: Declaration of Christopher Wagner filed in support of Fire Insurance 19 Exchange’s Motion for Summary Judgment on September 30, 2021. 20 21 Declaration of Gary Koop 22 Exhibit A Photos of the exterior of 2520 Amber Lane and 3500 Amber Lane before the Tubbs 23 fire. 24 25 Exhibit B Documents evidencing expenses incurred for rebuild of Property, estimates for 26 outbuildings, estimates for erosion control. 27 Declaration of Stacy M. Tucker 28 3 EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION 1 Exhibit 1 Hunsaker Response Special Interrogatory No. 36, verified 5/20/2021 2 Exhibit 2 Farmers 2012 Estimate 3 Exhibit 3 Farmers 2015 Estimate (provided to Plaintiff) 4 Exhibit 4 Farmers 2019 Estimate 5 Exhibit 5 Farmers 2015 Home Estimate (not provided to Plaintiff) 6 Exhibit 6 Farmers’ Detailed Home Reconstruction Estimate Post-Tubbs 7 Exhibit 7 Farmers 2008 360Value High Value Home Announcement 8 Exhibit 8 Farmers 2011 360Value Announcement All Homes 9 Exhibit 9 Farmers Automatic Dwelling Quality Grade Announcement 10 Exhibit 10 Farmers April 1, 2013 Announcement 11 Exhibit 11 Pre-Fill 360Value Quality Grade Explanation 12 Exhibit 12 Farmers Policies Farmers Friendly Reviews Emphasis Northridge, California 91324 13 Exhibit 13 Farmers Style Policies and Procedures KANTOR & KANTOR LLP 19839 Nordhoff Street (818) 886 2525 14 Exhibit 14 Farmers Dwelling Quality Grade Explanation and Chart 15 Exhibit 15 Farmers March 2017 Announcement 16 Exhibit 16 Hunsaker and Koop September 2015 Correspondence Log 17 Exhibit 17 Plaintiff’s June 17, 2019 letter to Farmers 18 Exhibit 18 Claims Adjuster Client Speaking Requirement Farmers Policies 19 Exhibit 19 Farmers Investigation Internal Notes 20 Exhibit 20 Farmers Further Responses to Special Interrogatory Nos. 23 and 24, verified 21 8/2/2021. 22 Exhibit 21 Hunsaker Response to Special Interrogatory No. 11 – verified 5/20/2021. 23 Exhibit 22 Farmers’ Website Home Estimates 24 Exhibit 23 Confirmation of claims adjuster after fire in October 2017 that house was custom 25 built. FIRE-CLAIMS 0134, 0140, and 0387 through 0410; application for 26 insurance HUNS 000257-000264. 27 Exhibit 24 True and correct copies of relevant portions of the deposition transcript of Brian 28 Hunsaker. 4 EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION 1 Exhibit 25 True and correct copies of relevant portions of the deposition transcript of Justin 2 Price. 3 Exhibit 26 True and correct copies of relevant portions of the deposition transcript of Brianne 4 Hall. 5 Exhibit 27 True and correct copies of relevant portions of the deposition transcript of Liz 6 Evans. 7 Exhibit 28 True and correct copies of pages FIRE-CLAIMS 0037-0038 produced by Fire 8 Insurance Exchange. 9 Exhibit 29 True and correct copies of pages FIRE-CLAIMS 00954-00955 produced by Fire 10 Insurance Exchange. 11 Exhibit 30 True and correct copies of pages FIRE-CLAIMS 02284-02285 produced by Fire 12 Insurance Exchange. Northridge, California 91324 13 Exhibit 31 True and correct copies of pages FIRE-CLAIMS 00509-00516 produced by Fire KANTOR & KANTOR LLP 19839 Nordhoff Street (818) 886 2525 14 Insurance Exchange. 15 Exhibit 32 True and correct copies of pages FIRE-CLAIMS 00269-00276 produced by Fire 16 Insurance Exchange. 17 Exhibit 33 True and correct copies of pages FIRE-CLAIMS 02207-02208 produced by Fire 18 Insurance Exchange. 19 Exhibit 34 True and correct copies of pages FIRE-CLAIMS 00954-00956 produced by Fire 20 Insurance Exchange. 21 Exhibit 35 True and correct copies of pages FIRE-CLAIMS 0032-0033 produced by Fire 22 Insurance Exchange. 23 Exhibit 36 True and correct copies of pages FIRE 0388 produced by Fire Insurance Exchange. 24 Exhibit 37 True and correct copies of pages FIRE 0409-0412 produced by Fire Insurance 25 Exchange. 26 Exhibit 38 True and correct copies of pages FIRE 0973-0974 produced by Fire Insurance 27 Exchange. 28 5 EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION 1 Exhibit 39 True and correct copies of pages FIRE 0323-0324 produced by Fire Insurance 2 Exchange. 3 Exhibit 40 True and correct copies of pages FIRE 0044-0049 produced by Fire Insurance 4 Exchange. 5 Exhibit 41 True and correct copies of additional relevant portions of the Deposition testimony 6 of Brian Hunsaker. 7 Exhibit 42 True and correct copies of page FIRE 1027 produced by Fire Insurance Exchange. 8 Exhibit 43 True and correct copies of relevant portions of the deposition transcript of Jared 9 Schmitz. 10 Exhibit 44 True and correct copies of pages FIRE-POLICY 0256-0347 produced by Fire 11 Insurance Exchange. 12 Exhibit 45 True and correct copies of pages FIRE-POLICY 0348-0351 produced by Fire Northridge, California 91324 13 Insurance Exchange. KANTOR & KANTOR LLP 19839 Nordhoff Street (818) 886 2525 14 Exhibit 46 True and correct copies of pages FIRE-POLICY 0352-0357 produced by Fire 15 Insurance Exchange. 16 Exhibit 47 True and correct copies of pages FIRE-POLICY 0358-0382 produced by Fire 17 Insurance Exchange. 18 Exhibit 48 True and correct copies of pages FIRE-POLICY 0383-0384 produced by Fire 19 Insurance Exchange. 20 Exhibit 49 True and correct copies of documents produced by Plaintiff as KOOP 0338-0365; 21 0366-0393 and 0394-0418. 22 Exhibit 50 True and correct copies of pages FIRE-POLICY 00001-0120 produced by Fire 23 Insurance Exchange. 24 25 Declaration of Kenneth Bunger – no exhibits. 26 27 28 6 EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION DATED: March 2, 2023 KANTOR & KANTOR, LLP 1 2 By: /s/ Stacy Monahan Tucker 3 Stacy M. Tucker Jaclyn D. Conover 4 Attorneys for Plaintiff, GARY KOOP 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 7 EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION 1 PROOF OF SERVICE 2 I, Carolyn Spencer, declare as follows: 3 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 19839 Nordhoff Street, Northridge, 4 CA 91324. 5 On March 2, 2023, I served the foregoing document described as EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR, IN THE ALTERNATIVE, 6 SUMMARY ADJUDICATION in this action by serving a true copy thereof addressed as follows: 7 Christopher R. Wagner, Esq. cwagner@grsm.com 8 David Jones, Esq. djones@grsm.com Steven Inouye, Esq. sinouye@grsm.com 9 ilopez@grsm.com (assistant) GORDON REES SCULLY MANSUKHANI, LLP jodell@grsm.com (assistant) 10 633 West Fifth Street, 52nd floor Los Angeles, CA 90071 11 Attorneys for Defendant Fire Insurance Exchange, dba Farmers Insurance 12 Group Northridge, California 91324 13 KANTOR & KANTOR LLP 19839 Nordhoff Street Albert M. T. Finch, III, Esq. tfinch@fgppr.com (818) 886 2525 14 Jason Deng, Esq. jdeng@fgppr.com FORAN GLENNON kokasaki@fgppr.com (assistant) 15 1741 Technology Drive, Suite 250 San Jose, CA 95110 16 Attorneys for Defendant Brian Hunsaker 17 18 [X] BY E-MAIL SERVICE: I caused a copy of the document(s) to be sent from e-mail address 19 cspencer@kantorlaw.net to the persons at the e-mail addresses listed above. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the 20 transmission was unsuccessful. 21 [x] STATE: I declare under penalty of perjury under the Laws of the State of California that the 22 foregoing is true and correct. 23 I declare under penalty of perjury under the laws of the State of California that the above is 24 true and correct. Executed on March 2, 2023, Rohnert Park, California. 25 /s/Carolyn Spencer 26 Carolyn Spencer 27 28 8 EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION