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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
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11 GARY KOOP, CASE NO: SCV-266944
12
Plaintiffs,
Northridge, California 91324
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KANTOR & KANTOR LLP
EVIDENCE IN SUPPORT OF MOTION
19839 Nordhoff Street
vs. FOR SUMMARY ADJUDICATION
(818) 886 2525
14
FIRE INSURANCE EXCHANGE, dba
15 FARMERS INSURANCE GROUP; BRIAN Date:
HUNSAKER, Time:
16 Dept: 19
Defendants.
17
[Filed concurrently with Plaintiff’s Motion for
18 Summary Adjudication, Declaration of Stacy
M. Tucker, Declaration of Gary Koop,
19 Declaration of Kenneth Bunger, Plaintiff’s
Separate Statement of Undisputed Facts,
20 Request for Judicial Notice, and Proposed
Order]
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Action Filed: August 24, 2020
25 Trial Date: June 30, 2023
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EVIDENCE IN SUPPORT OF MOTION FOR 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 Adjudication of
3 Causes of Action for Fraud, Misrepresentation and Negligence against Brian Hunsaker.
4
5 • Request for Judicial Notice with Exhibits A through G.
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• Declaration of Gary Koop with Exhibit A photos.
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8 • Declaration of Stacy M. Tucker with Exhibits 1 through 42.
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• Declaration of Kenneth Bunger (no exhibits)
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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 The public record constituting the insurance agent license information for Brian
15 Ross Hunsaker, license no. 0687046, downloaded from the California Department
16 of Insurance website on January 11, 2022, listing the entities for which he is
17 authorized to transact business.
18
Exhibit B “Rebuilding a Wine Country Home After Fire May Cost Way More Than
19
Insurance Provides, Architects Say,” The North Bay Business Journal (online
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edition), by Jeff Quackenbush, October 20, 2017.
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22 Exhibit C “Custom Build Sonoma County Homes for the Price of a Prefab,” The Press
23 Democrat, by Sofia Englund, April 12, 2016.
24 Exhibit D California Insurance Code 2071
25 Exhibit E Fire Insurance Exchange’s Motion for Summary Judgment.
26 Exhibit F Declaration of Jason Jones filed in support of Fire Insurance Exchange’s Motion
for Summary Judgment.
27
Exhibit G Declaration of Christopher Wagner filed in support of Fire Insurance Exchange’s
28 Motion for Summary Judgment.
2
EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION
1 Declaration of Gary Koop
2
Exhibit A Photos of the exterior of 2520 Amber Lane and 3500 Amber Lane before the Tubbs
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fire.
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5 Declaration of Stacy M. Tucker
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Exhibit 1 Hunsaker Response Special Interrogatory No. 36, verified 5/20/2021
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Exhibit 2 Farmers 2012 Estimate
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Exhibit 3 Farmers 2015 Estimate (provided to Plaintiff)
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Exhibit 4 Farmers 2019 Estimate
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Exhibit 5 Farmers 2015 Home Estimate (not provided to Plaintiff)
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Exhibit 6 Farmers’ Detailed Home Reconstruction Estimate Post-Tubbs
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Exhibit 7 Farmers 2008 360Value High Value Home Announcement
Northridge, California 91324
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KANTOR & KANTOR LLP
19839 Nordhoff Street
Exhibit 8 Farmers 2011 360Value Announcement All Homes
(818) 886 2525
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Exhibit 9 Farmers Automatic Dwelling Quality Grade Announcement
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Exhibit 10 Farmers April 1, 2013 Announcement
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Exhibit 11 Pre-Fill 360Value Quality Grade Explanation
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Exhibit 12 Farmers Policies Farmers Friendly Reviews Emphasis
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Exhibit 13 Farmers Style Policies and Procedures
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Exhibit 14 Farmers Dwelling Quality Grade Explanation and Chart
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Exhibit 15 Farmers March 2017 Announcement
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Exhibit 16 Hunsaker and Koop September 2015 Correspondence Log
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Exhibit 17 Plaintiff’s June 17, 2019 letter to Farmers
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Exhibit 18 Claims Adjuster Client Speaking Requirement Farmers Policies
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Exhibit 19 Farmers Investigation Internal Notes
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Exhibit 20 Farmers Further Responses to Special Interrogatory Nos. 23 and 24, verified
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8/2/2021.
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Exhibit 21 Hunsaker Response to Special Interrogatory No. 11 – verified 5/20/2021.
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EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION
1 Exhibit 22 Farmers’ Website Home Estimates
2 Exhibit 23 Confirmation of claims adjuster after fire in October 2017 that house was custom
3 built. FIRE-CLAIMS 0134, 0140, and 0387 through 0410; application for
4 insurance HUNS 000257-000264.
5 Exhibit 24 Pages from transcript of Deposition of Brian Hunsaker.
6 Exhibit 25 Pages from transcript of Deposition of Justin Price.
7 Exhibit 26 Pages from transcript of Deposition of Brianne Hall.
8 Exhibit 27 Pages from transcript of Deposition of Liz Evans.
9 Exhibit 28 True and correct copies of pages FIRE-CLAIMS 0037-0038 produced by Fire
10 Insurance Exchange.
11 Exhibit 29 True and correct copies of pages FIRE-CLAIMS 00954-00955 produced by Fire
12 Insurance Exchange.
Northridge, California 91324
13 Exhibit 30 True and correct copies of pages FIRE-CLAIMS 02284-02285 produced by Fire
KANTOR & KANTOR LLP
19839 Nordhoff Street
(818) 886 2525
14 Insurance Exchange.
15 Exhibit 31 True and correct copies of pages FIRE-CLAIMS 00509-00516 produced by Fire
16 Insurance Exchange.
17 Exhibit 32 True and correct copies of pages FIRE-CLAIMS 00269-00276 produced by Fire
18 Insurance Exchange.
19 Exhibit 33 True and correct copies of pages FIRE-CLAIMS 02207-02208 produced by Fire
20 Insurance Exchange.
21 Exhibit 34 True and correct copies of pages FIRE-CLAIMS 00954-00956 produced by Fire
22 Insurance Exchange.
23 Exhibit 35 True and correct copies of pages FIRE-CLAIMS 0032-0033 produced by Fire
24 Insurance Exchange.
25 Exhibit 36 True and correct copies of pages FIRE 0388 produced by Fire Insurance Exchange.
26 Exhibit 37 True and correct copies of pages FIRE 0409-0412 produced by Fire Insurance
27 Exchange.
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EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION
1 Exhibit 38 True and correct copies of pages FIRE 0973-0974 produced by Fire Insurance
2 Exchange.
3 Exhibit 39 True and correct copies of pages FIRE 0323-0324 produced by Fire Insurance
4 Exchange.
5 Exhibit 40 True and correct copies of pages FIRE 0044-0049 produced by Fire Insurance
6 Exchange.
7 Exhibit 41 True and correct copies of additional relevant portions of the Deposition testimony
8 of Brian Hunsaker.
9 Exhibit 42 Pages from transcript of Deposition of Jared Schmitz.
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11 Declaration of Kenneth Bunger – No exhibits.
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Northridge, California 91324
13
KANTOR & KANTOR LLP
19839 Nordhoff Street
DATED: March 10, 2023 KANTOR & KANTOR, LLP
(818) 886 2525
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By: /s/ Stacy Monahan Tucker
16 Stacy M. Tucker
Jaclyn D. Conover
17 Attorneys for Plaintiff,
GARY KOOP
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EVIDENCE IN SUPPORT OF MOTION FOR 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 10, 2023, I served the foregoing document described as EVIDENCE IN
SUPPORT OF MOTION FOR SUMMARY ADJUDICATION in this action by serving a true
6 copy thereof addressed as follows:
7 Christopher R. Wagner, Esq. cwagner@grsm.com
David Jones, Esq. djones@grsm.com
8 sinouye@grsm.com
Steven Inouye, Esq.
GORDON REES SCULLY MANSUKHANI, LLP ilopez@grsm.com (assistant)
9 jodell@grsm.com (assistant)
633 West Fifth Street, 52nd floor
10 Los Angeles, CA 90071
Attorneys for Defendant Fire Insurance
11 Exchange, dba Farmers Insurance
Group
12
Albert M. T. Finch, III, Esq. tfinch@fgppr.com
Northridge, California 91324
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KANTOR & KANTOR LLP
19839 Nordhoff Street
Jason Deng, Esq. jdeng@fgppr.com
(818) 886 2525
14 FORAN GLENNON kokasaki@fgppr.com (assistant)
1741 Technology Drive, Suite 250
15 San Jose, CA 95110
16 Attorneys for Defendant Brian Hunsaker
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[X] BY E-MAIL SERVICE: I caused a copy of the document(s) to be sent from e-mail address
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cspencer@kantorlaw.net to the persons at the e-mail addresses listed above. I did not receive,
19 within a reasonable time after the transmission, any electronic message or other indication that the
transmission was unsuccessful.
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21 [x] STATE: I declare under penalty of perjury under the Laws of the State of California that the
foregoing is true and correct.
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23 I declare under penalty of perjury under the laws of the State of California that the above is
true and correct. Executed on March 10, 2023, Rohnert Park, California.
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25 /s/Carolyn Spencer
Carolyn Spencer
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EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION
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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 Plaintiffs, Northridge, California 91324 13 KANTOR & KANTOR LLP EVIDENCE IN SUPPORT OF MOTION 19839 Nordhoff Street vs. FOR SUMMARY ADJUDICATION (818) 886 2525 14 FIRE INSURANCE EXCHANGE, dba 15 FARMERS INSURANCE GROUP; BRIAN Date: HUNSAKER, Time: 16 Dept: 19 Defendants. 17 [Filed concurrently with Plaintiff’s Motion for 18 Summary Adjudication, Declaration of Stacy M. Tucker, Declaration of Gary Koop, 19 Declaration of Kenneth Bunger, Plaintiff’s Separate Statement of Undisputed Facts, 20 Request for Judicial Notice, and Proposed Order] 21 22 23 24 Action Filed: August 24, 2020 25 Trial Date: June 30, 2023 26 27 28 1 EVIDENCE IN SUPPORT OF MOTION FOR 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 Adjudication of 3 Causes of Action for Fraud, Misrepresentation and Negligence against Brian Hunsaker. 4 5 • Request for Judicial Notice with Exhibits A through G. 6 • Declaration of Gary Koop with Exhibit A photos. 7 8 • Declaration of Stacy M. Tucker with Exhibits 1 through 42. 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 The public record constituting the insurance agent license information for Brian 15 Ross Hunsaker, license no. 0687046, downloaded from the California Department 16 of Insurance website on January 11, 2022, listing the entities for which he is 17 authorized to transact business. 18 Exhibit B “Rebuilding a Wine Country Home After Fire May Cost Way More Than 19 Insurance Provides, Architects Say,” The North Bay Business Journal (online 20 edition), by Jeff Quackenbush, October 20, 2017. 21 22 Exhibit C “Custom Build Sonoma County Homes for the Price of a Prefab,” The Press 23 Democrat, by Sofia Englund, April 12, 2016. 24 Exhibit D California Insurance Code 2071 25 Exhibit E Fire Insurance Exchange’s Motion for Summary Judgment. 26 Exhibit F Declaration of Jason Jones filed in support of Fire Insurance Exchange’s Motion for Summary Judgment. 27 Exhibit G Declaration of Christopher Wagner filed in support of Fire Insurance Exchange’s 28 Motion for Summary Judgment. 2 EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION 1 Declaration of Gary Koop 2 Exhibit A Photos of the exterior of 2520 Amber Lane and 3500 Amber Lane before the Tubbs 3 fire. 4 5 Declaration of Stacy M. Tucker 6 Exhibit 1 Hunsaker Response Special Interrogatory No. 36, verified 5/20/2021 7 Exhibit 2 Farmers 2012 Estimate 8 Exhibit 3 Farmers 2015 Estimate (provided to Plaintiff) 9 Exhibit 4 Farmers 2019 Estimate 10 Exhibit 5 Farmers 2015 Home Estimate (not provided to Plaintiff) 11 Exhibit 6 Farmers’ Detailed Home Reconstruction Estimate Post-Tubbs 12 Exhibit 7 Farmers 2008 360Value High Value Home Announcement Northridge, California 91324 13 KANTOR & KANTOR LLP 19839 Nordhoff Street Exhibit 8 Farmers 2011 360Value Announcement All Homes (818) 886 2525 14 Exhibit 9 Farmers Automatic Dwelling Quality Grade Announcement 15 Exhibit 10 Farmers April 1, 2013 Announcement 16 Exhibit 11 Pre-Fill 360Value Quality Grade Explanation 17 Exhibit 12 Farmers Policies Farmers Friendly Reviews Emphasis 18 Exhibit 13 Farmers Style Policies and Procedures 19 Exhibit 14 Farmers Dwelling Quality Grade Explanation and Chart 20 Exhibit 15 Farmers March 2017 Announcement 21 Exhibit 16 Hunsaker and Koop September 2015 Correspondence Log 22 Exhibit 17 Plaintiff’s June 17, 2019 letter to Farmers 23 Exhibit 18 Claims Adjuster Client Speaking Requirement Farmers Policies 24 Exhibit 19 Farmers Investigation Internal Notes 25 Exhibit 20 Farmers Further Responses to Special Interrogatory Nos. 23 and 24, verified 26 8/2/2021. 27 Exhibit 21 Hunsaker Response to Special Interrogatory No. 11 – verified 5/20/2021. 28 3 EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION 1 Exhibit 22 Farmers’ Website Home Estimates 2 Exhibit 23 Confirmation of claims adjuster after fire in October 2017 that house was custom 3 built. FIRE-CLAIMS 0134, 0140, and 0387 through 0410; application for 4 insurance HUNS 000257-000264. 5 Exhibit 24 Pages from transcript of Deposition of Brian Hunsaker. 6 Exhibit 25 Pages from transcript of Deposition of Justin Price. 7 Exhibit 26 Pages from transcript of Deposition of Brianne Hall. 8 Exhibit 27 Pages from transcript of Deposition of Liz Evans. 9 Exhibit 28 True and correct copies of pages FIRE-CLAIMS 0037-0038 produced by Fire 10 Insurance Exchange. 11 Exhibit 29 True and correct copies of pages FIRE-CLAIMS 00954-00955 produced by Fire 12 Insurance Exchange. Northridge, California 91324 13 Exhibit 30 True and correct copies of pages FIRE-CLAIMS 02284-02285 produced by Fire KANTOR & KANTOR LLP 19839 Nordhoff Street (818) 886 2525 14 Insurance Exchange. 15 Exhibit 31 True and correct copies of pages FIRE-CLAIMS 00509-00516 produced by Fire 16 Insurance Exchange. 17 Exhibit 32 True and correct copies of pages FIRE-CLAIMS 00269-00276 produced by Fire 18 Insurance Exchange. 19 Exhibit 33 True and correct copies of pages FIRE-CLAIMS 02207-02208 produced by Fire 20 Insurance Exchange. 21 Exhibit 34 True and correct copies of pages FIRE-CLAIMS 00954-00956 produced by Fire 22 Insurance Exchange. 23 Exhibit 35 True and correct copies of pages FIRE-CLAIMS 0032-0033 produced by Fire 24 Insurance Exchange. 25 Exhibit 36 True and correct copies of pages FIRE 0388 produced by Fire Insurance Exchange. 26 Exhibit 37 True and correct copies of pages FIRE 0409-0412 produced by Fire Insurance 27 Exchange. 28 4 EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION 1 Exhibit 38 True and correct copies of pages FIRE 0973-0974 produced by Fire Insurance 2 Exchange. 3 Exhibit 39 True and correct copies of pages FIRE 0323-0324 produced by Fire Insurance 4 Exchange. 5 Exhibit 40 True and correct copies of pages FIRE 0044-0049 produced by Fire Insurance 6 Exchange. 7 Exhibit 41 True and correct copies of additional relevant portions of the Deposition testimony 8 of Brian Hunsaker. 9 Exhibit 42 Pages from transcript of Deposition of Jared Schmitz. 10 11 Declaration of Kenneth Bunger – No exhibits. 12 Northridge, California 91324 13 KANTOR & KANTOR LLP 19839 Nordhoff Street DATED: March 10, 2023 KANTOR & KANTOR, LLP (818) 886 2525 14 15 By: /s/ Stacy Monahan Tucker 16 Stacy M. Tucker Jaclyn D. Conover 17 Attorneys for Plaintiff, GARY KOOP 18 19 20 21 22 23 24 25 26 27 28 5 EVIDENCE IN SUPPORT OF MOTION FOR 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 10, 2023, I served the foregoing document described as EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION in this action by serving a true 6 copy thereof addressed as follows: 7 Christopher R. Wagner, Esq. cwagner@grsm.com David Jones, Esq. djones@grsm.com 8 sinouye@grsm.com Steven Inouye, Esq. GORDON REES SCULLY MANSUKHANI, LLP ilopez@grsm.com (assistant) 9 jodell@grsm.com (assistant) 633 West Fifth Street, 52nd floor 10 Los Angeles, CA 90071 Attorneys for Defendant Fire Insurance 11 Exchange, dba Farmers Insurance Group 12 Albert M. T. Finch, III, Esq. tfinch@fgppr.com Northridge, California 91324 13 KANTOR & KANTOR LLP 19839 Nordhoff Street Jason Deng, Esq. jdeng@fgppr.com (818) 886 2525 14 FORAN GLENNON kokasaki@fgppr.com (assistant) 1741 Technology Drive, Suite 250 15 San Jose, CA 95110 16 Attorneys for Defendant Brian Hunsaker 17 [X] BY E-MAIL SERVICE: I caused a copy of the document(s) to be sent from e-mail address 18 cspencer@kantorlaw.net to the persons at the e-mail addresses listed above. I did not receive, 19 within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. 20 21 [x] STATE: I declare under penalty of perjury under the Laws of the State of California that the foregoing is true and correct. 22 23 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on March 10, 2023, Rohnert Park, California. 24 25 /s/Carolyn Spencer Carolyn Spencer 26 27 28 6 EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION