Preview
1 Stacy M. Tucker (SBN 218942)
stucker@kantorlaw.net
2 Jaclyn D. Conover (SBN 266749)
jconover@kantorlaw.net
3
KANTOR & KANTOR LLP
4 19839 Nordhoff Street
Northridge, California 91324
5 Telephone: (818) 886-2525
Facsimile: (818) 350-6272
6
Attorneys for Plaintiff,
7
GARY KOOP
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SONOMA
10
Case No.: SCV-266944
11 GARY KOOP,
12 Plaintiff,
DECLARATION OF KEN BUNGER IN
SUPPORT OF PLAINTIFF’S MOTION
13 v.
Northridge, California 91324
FOR SUMMARY JUDGMENT AGAINST
KANTOR & KANTOR LLP
19839 Nordhoff Street
14 DEFENDANT BRIAN HUNSAKER
FIRE INSURANCE EXCHANGE, dba
(818) 886 2525
FARMERS INSURANCE GROUP; BRIAN
15 HUNSAKER,
16 Defendants. [Filed concurrently with Plaintiff’s Motion
for Summary Judgment, Plaintiff’s Separate
17 Statement of Facts, Request for Judicial
Notice, Evidence in Support of Opposition,
18 Declaration of Stacy M. Tucker, Declaration
of Gary Koop]
19
20
Date:
21
Time:
22 Dept: 19
23
24
25 Action Filed: August 24, 2020
Trial Date: June 30, 2023
26
27
28
1
DECLARATION OF KEN BUNGER
DocuSign Envelope ID: 0E7DFD90-36D6-44EA-9F46-07AC43B37C78
1 I, Kenneth Bunger, declare as follows:
2 1. I am a citizen and resident of the City of San Jose, State of California and am the
3 original owner of Plaintiff’s home located at 2650 Amber Lane, Santa Rosa, California which is the
4 subject matter of this action. I have personal knowledge of the following facts and, if called upon
5 to testify as a witness, could and would competently testify to these facts.
6 2. Amber Lane is a one-mile long private road in the Riebli-Wallace neighborhood in
7 the hills above Santa Rosa and is adjacent to the Fountaingrove neighborhood of Santa Rosa. Both
8 of these neighborhoods are known for their expansive views, multi-acre lots and large, custom-built
9 homes. In January of 1976, I purchased the lot at 2650 Amber Lane. My wife and I visited a design
10 group for ideas about building our home and hired an architect whose name I cannot recall who
11 custom-designed the home. We were ready to build in June. I was the general contractor for the
12 home and hired city electricians who worked after hours and other tradesman (3 or 4 at a time) to
Northridge, California 91324
KANTOR & KANTOR LLP
13 work on the house. The foundation was poured on July 4, 1976 and we moved into the house on
19839 Nordhoff Street
(818) 886 2525
14 October 10, 1976.
15 3. The exterior of our custom-built, all redwood home included premium redwood steps
16 12 feet side by side that led up to 48” by 48” double front doors.
17 4. The home featured gorgeous light oak hardwood flooring in the large 12 x 24-foot
18 entryway and the same oak flooring was laid in the dining room and the walkways upstairs from the
19 master bedroom to the office, family room and library. All of the walkways in the home between
20 the bedrooms were light oak hardwood floors. The home also included high end tile purchased from
21 a store named “Heath” in Sausalito.
22 5. The home had a custom-built oak spiral staircase which was built over a period of 95
23 days by a local tradesman. It was a beautiful high-end staircase that had posts 10” around in two
24 places. One lower, one upper. Before the crown end were two hand carved abalone shells which
25 fit perfectly and looked stunning.
26 6. Everything in the home was custom. There were oak French doors that led into the
27 kitchen which had high end faucets - an instant hot faucet and a large gooseneck faucet. The kitchen
28 included a breakfast bar (which was upgraded to a marble top in 2004) and also housed a large
2
DECLARATION OF KENNETH BUNGER
DocuSign Envelope ID: 0E7DFD90-36D6-44EA-9F46-07AC43B37C78
1 custom-built pantry that had over 64 feet of shelving and special metal built-ins two feet by ten feet,
2 chosen from Europe, which kept vegetables from spoiling. There was also a built-in breakfast table
3 between the kitchen and dining room which was 6’ x 2 l/2’ The kitchen was upgraded in 2004 to
4 include Miele appliances and granite countertops the entire length of the kitchen counters with a 12”
5 granite backsplash.
6 7. The home had two unique stained-glass windows on the opposite side of the living
7 room fireplace which featured a buck and a doe grazing in one and a Puli and Sheepdog in the other.
8 8. The dining room had a built in China cabinet with etched glass where my wife stored
9 her fine china and there was a beautiful chandelier over the dining room table. The dining room
10 also included a wet bar with a built-in sink and folding doors.
11 9. The living room had overhead recessed lights and two large, high-end ceiling fans
12 with lighting. There were four additional large, high-end ceiling fans with lighting in every bedroom
Northridge, California 91324
KANTOR & KANTOR LLP
13 of the house.
19839 Nordhoff Street
(818) 886 2525
14 10. The home featured crown molding and chair rails in the living room, dining room,
15 kitchen, master bedroom, office, library and family room. The children’s rooms downstairs both
16 included custom built-in chests of drawers between the closets.
17 11. All of the bathrooms had tile countertops and high-end faucets. The master bathroom
18 included thick, custom made 12” tiles with bull nosed edges that matched well with the redwood, in
19 addition to a walk-in shower with a 3/4” glass door. Each bathroom had a Toto (dual flush) toilet
20 and all three full bathrooms included double sinks. The full bathrooms also included 7’ long
21 steeping bathtubs that were 32” high. The master bathroom had an adjacent sauna 6 feet in length
22 and 4 feet in width where you could sit on a bench at two different levels for a sauna bath.
23 12. The living room fireplace was marble, 12 feet high and 6 feet wide and was custom
24 built with a heatilator. It had originally been designed as a stone fireplace but was replaced with
25 white marble at the suggestion of our realtor when we were preparing to sell our home. There were
26 two additional fireplaces in the home. One was a wood burning fireplace in my office and the other
27 was a pellet stove in the family room. In addition, each room in the house had baseboard heating.
28 13. There were folding oak doors that led out to the family room.
3
DECLARATION OF KENNETH BUNGER
DocuSign Envelope ID: 0E7DFD90-36D6-44EA-9F46-07AC43B37C78
1 14. When you walked across the upstairs balcony which was 8’ in width and walked to
2 the right, you entered the Library which had 8’ high by 12’ long built-in oak bookshelves. When
3 we sold the home, we gave away over 1,000 books that had been kept there.
4 15. The Living Room was 24 feet wide with the 12’ by 6’ marble fireplace on one end
5 and the large double front doors on the other. The ceiling ran up 12 feet, then ran up to 26 feet at
6 the balcony.
7 16. There were vaulted ceilings 24 x 40 in the living room, east to west. It was all
8 redwood over regular board, trimmed out in redwood at the tops and was gorgeous. Due to the
9 weight of the ceilings, the home required an 18” exposed wood beam in the balcony area of the
10 home.
11 17. The property included a 28’ by 20’ redwood barn in the acreage behind the house
12 and was the identical height and design of the house. It contained a pump room as the property had
Northridge, California 91324
KANTOR & KANTOR LLP
13 a 240 foot deep well large enough to irrigate a 10-acre ranch. The property also included a large
19839 Nordhoff Street
(818) 886 2525
14 redwood garage 24 feet deep and 30 feet wide with two separate electric doors. On the side of the
15 redwood barn, I had a cement slab poured for a baseball pitching machine and a 66-foot net
16 enclosure that was 10 feet high so kids could practice hitting. The property also included a
17 basketball court.
18 18. The home was a PG&E Award Winning Passive Solar Home for which I received a
19 Certificate within three years of building it. All windows were tinted and insulated with Level 3
20 insulation and the floor, ceilings, and closets all had a maximum of 12 inches between each room.
21 19. There were four skylights in the home, two in the living room area with openers and
22 two in the family room, with openers. The skylights with openers, along with the ceiling fans,
23 helped to keep the house cool.
24 20. In 2000, we replaced the shingle roof I first put on the house with an Elk roof which
25 was the most high-end composition roof you could buy at the time. This change was made due to
26 my concern about fires.
27 21. The property also contained 12 beautiful redwood trees that I planted at the request
28 of the tradesman who built the custom spiral staircase. In addition to the redwoods, I planted a birch
4
DECLARATION OF KENNETH BUNGER
DocuSign Envelope ID: 0E7DFD90-36D6-44EA-9F46-07AC43B37C78
1 tree, a eucalyptus tree and two liquid amber trees near the front of the house. The property also
2 included a giant oak tree at the back of the property that had been there for years.
3 22. The house at 2650 Amber Lane was not an above-grade tract home. All of the homes
4 on Amber Lane were custom built, including mine, and I personally knew all the families who built
5 them until I sold the property in 2006.
6 23. At the time I first listed the house for sale in 2004, the local newspaper, the Santa
7 Rosa Press-Democrat, published a feature article about the house in the Real Estate section of the
8 Sunday paper. The article consisted of several pages and pointed out many of the custom features
9 of the home.
10 24. I sold the property on April 7, 2006 to Mark Picano for $1,055,000. I understand that
11 on September 7, 2006 Mark Picano in turn sold the property to Gary Koop, the plaintiff in this
12 action.
Northridge, California 91324
KANTOR & KANTOR LLP
13 25. At the time I sold the property in April 2006, the property was a high end, custom
19839 Nordhoff Street
(818) 886 2525
14 home that had recently been upgraded to meet the style expectations of the decade.
15
I declare under penalty of perjury that the foregoing is true and correct and that this
16
Declaration was signed on March 3, 2022 at San Jose, California.
17
18
_____________________________
19 Kenneth Bunger
Declarant
20
21
22
23
24
25
26
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5
DECLARATION OF KENNETH BUNGER
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 DECLARATION OF
KEN BUNGER IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION in this
6 action by serving a true 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
1
PROOF OF SERVICE
Preview
1 Stacy M. Tucker (SBN 218942) stucker@kantorlaw.net 2 Jaclyn D. Conover (SBN 266749) jconover@kantorlaw.net 3 KANTOR & KANTOR LLP 4 19839 Nordhoff Street Northridge, California 91324 5 Telephone: (818) 886-2525 Facsimile: (818) 350-6272 6 Attorneys for Plaintiff, 7 GARY KOOP 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SONOMA 10 Case No.: SCV-266944 11 GARY KOOP, 12 Plaintiff, DECLARATION OF KEN BUNGER IN SUPPORT OF PLAINTIFF’S MOTION 13 v. Northridge, California 91324 FOR SUMMARY JUDGMENT AGAINST KANTOR & KANTOR LLP 19839 Nordhoff Street 14 DEFENDANT BRIAN HUNSAKER FIRE INSURANCE EXCHANGE, dba (818) 886 2525 FARMERS INSURANCE GROUP; BRIAN 15 HUNSAKER, 16 Defendants. [Filed concurrently with Plaintiff’s Motion for Summary Judgment, Plaintiff’s Separate 17 Statement of Facts, Request for Judicial Notice, Evidence in Support of Opposition, 18 Declaration of Stacy M. Tucker, Declaration of Gary Koop] 19 20 Date: 21 Time: 22 Dept: 19 23 24 25 Action Filed: August 24, 2020 Trial Date: June 30, 2023 26 27 28 1 DECLARATION OF KEN BUNGER DocuSign Envelope ID: 0E7DFD90-36D6-44EA-9F46-07AC43B37C78 1 I, Kenneth Bunger, declare as follows: 2 1. I am a citizen and resident of the City of San Jose, State of California and am the 3 original owner of Plaintiff’s home located at 2650 Amber Lane, Santa Rosa, California which is the 4 subject matter of this action. I have personal knowledge of the following facts and, if called upon 5 to testify as a witness, could and would competently testify to these facts. 6 2. Amber Lane is a one-mile long private road in the Riebli-Wallace neighborhood in 7 the hills above Santa Rosa and is adjacent to the Fountaingrove neighborhood of Santa Rosa. Both 8 of these neighborhoods are known for their expansive views, multi-acre lots and large, custom-built 9 homes. In January of 1976, I purchased the lot at 2650 Amber Lane. My wife and I visited a design 10 group for ideas about building our home and hired an architect whose name I cannot recall who 11 custom-designed the home. We were ready to build in June. I was the general contractor for the 12 home and hired city electricians who worked after hours and other tradesman (3 or 4 at a time) to Northridge, California 91324 KANTOR & KANTOR LLP 13 work on the house. The foundation was poured on July 4, 1976 and we moved into the house on 19839 Nordhoff Street (818) 886 2525 14 October 10, 1976. 15 3. The exterior of our custom-built, all redwood home included premium redwood steps 16 12 feet side by side that led up to 48” by 48” double front doors. 17 4. The home featured gorgeous light oak hardwood flooring in the large 12 x 24-foot 18 entryway and the same oak flooring was laid in the dining room and the walkways upstairs from the 19 master bedroom to the office, family room and library. All of the walkways in the home between 20 the bedrooms were light oak hardwood floors. The home also included high end tile purchased from 21 a store named “Heath” in Sausalito. 22 5. The home had a custom-built oak spiral staircase which was built over a period of 95 23 days by a local tradesman. It was a beautiful high-end staircase that had posts 10” around in two 24 places. One lower, one upper. Before the crown end were two hand carved abalone shells which 25 fit perfectly and looked stunning. 26 6. Everything in the home was custom. There were oak French doors that led into the 27 kitchen which had high end faucets - an instant hot faucet and a large gooseneck faucet. The kitchen 28 included a breakfast bar (which was upgraded to a marble top in 2004) and also housed a large 2 DECLARATION OF KENNETH BUNGER DocuSign Envelope ID: 0E7DFD90-36D6-44EA-9F46-07AC43B37C78 1 custom-built pantry that had over 64 feet of shelving and special metal built-ins two feet by ten feet, 2 chosen from Europe, which kept vegetables from spoiling. There was also a built-in breakfast table 3 between the kitchen and dining room which was 6’ x 2 l/2’ The kitchen was upgraded in 2004 to 4 include Miele appliances and granite countertops the entire length of the kitchen counters with a 12” 5 granite backsplash. 6 7. The home had two unique stained-glass windows on the opposite side of the living 7 room fireplace which featured a buck and a doe grazing in one and a Puli and Sheepdog in the other. 8 8. The dining room had a built in China cabinet with etched glass where my wife stored 9 her fine china and there was a beautiful chandelier over the dining room table. The dining room 10 also included a wet bar with a built-in sink and folding doors. 11 9. The living room had overhead recessed lights and two large, high-end ceiling fans 12 with lighting. There were four additional large, high-end ceiling fans with lighting in every bedroom Northridge, California 91324 KANTOR & KANTOR LLP 13 of the house. 19839 Nordhoff Street (818) 886 2525 14 10. The home featured crown molding and chair rails in the living room, dining room, 15 kitchen, master bedroom, office, library and family room. The children’s rooms downstairs both 16 included custom built-in chests of drawers between the closets. 17 11. All of the bathrooms had tile countertops and high-end faucets. The master bathroom 18 included thick, custom made 12” tiles with bull nosed edges that matched well with the redwood, in 19 addition to a walk-in shower with a 3/4” glass door. Each bathroom had a Toto (dual flush) toilet 20 and all three full bathrooms included double sinks. The full bathrooms also included 7’ long 21 steeping bathtubs that were 32” high. The master bathroom had an adjacent sauna 6 feet in length 22 and 4 feet in width where you could sit on a bench at two different levels for a sauna bath. 23 12. The living room fireplace was marble, 12 feet high and 6 feet wide and was custom 24 built with a heatilator. It had originally been designed as a stone fireplace but was replaced with 25 white marble at the suggestion of our realtor when we were preparing to sell our home. There were 26 two additional fireplaces in the home. One was a wood burning fireplace in my office and the other 27 was a pellet stove in the family room. In addition, each room in the house had baseboard heating. 28 13. There were folding oak doors that led out to the family room. 3 DECLARATION OF KENNETH BUNGER DocuSign Envelope ID: 0E7DFD90-36D6-44EA-9F46-07AC43B37C78 1 14. When you walked across the upstairs balcony which was 8’ in width and walked to 2 the right, you entered the Library which had 8’ high by 12’ long built-in oak bookshelves. When 3 we sold the home, we gave away over 1,000 books that had been kept there. 4 15. The Living Room was 24 feet wide with the 12’ by 6’ marble fireplace on one end 5 and the large double front doors on the other. The ceiling ran up 12 feet, then ran up to 26 feet at 6 the balcony. 7 16. There were vaulted ceilings 24 x 40 in the living room, east to west. It was all 8 redwood over regular board, trimmed out in redwood at the tops and was gorgeous. Due to the 9 weight of the ceilings, the home required an 18” exposed wood beam in the balcony area of the 10 home. 11 17. The property included a 28’ by 20’ redwood barn in the acreage behind the house 12 and was the identical height and design of the house. It contained a pump room as the property had Northridge, California 91324 KANTOR & KANTOR LLP 13 a 240 foot deep well large enough to irrigate a 10-acre ranch. The property also included a large 19839 Nordhoff Street (818) 886 2525 14 redwood garage 24 feet deep and 30 feet wide with two separate electric doors. On the side of the 15 redwood barn, I had a cement slab poured for a baseball pitching machine and a 66-foot net 16 enclosure that was 10 feet high so kids could practice hitting. The property also included a 17 basketball court. 18 18. The home was a PG&E Award Winning Passive Solar Home for which I received a 19 Certificate within three years of building it. All windows were tinted and insulated with Level 3 20 insulation and the floor, ceilings, and closets all had a maximum of 12 inches between each room. 21 19. There were four skylights in the home, two in the living room area with openers and 22 two in the family room, with openers. The skylights with openers, along with the ceiling fans, 23 helped to keep the house cool. 24 20. In 2000, we replaced the shingle roof I first put on the house with an Elk roof which 25 was the most high-end composition roof you could buy at the time. This change was made due to 26 my concern about fires. 27 21. The property also contained 12 beautiful redwood trees that I planted at the request 28 of the tradesman who built the custom spiral staircase. In addition to the redwoods, I planted a birch 4 DECLARATION OF KENNETH BUNGER DocuSign Envelope ID: 0E7DFD90-36D6-44EA-9F46-07AC43B37C78 1 tree, a eucalyptus tree and two liquid amber trees near the front of the house. The property also 2 included a giant oak tree at the back of the property that had been there for years. 3 22. The house at 2650 Amber Lane was not an above-grade tract home. All of the homes 4 on Amber Lane were custom built, including mine, and I personally knew all the families who built 5 them until I sold the property in 2006. 6 23. At the time I first listed the house for sale in 2004, the local newspaper, the Santa 7 Rosa Press-Democrat, published a feature article about the house in the Real Estate section of the 8 Sunday paper. The article consisted of several pages and pointed out many of the custom features 9 of the home. 10 24. I sold the property on April 7, 2006 to Mark Picano for $1,055,000. I understand that 11 on September 7, 2006 Mark Picano in turn sold the property to Gary Koop, the plaintiff in this 12 action. Northridge, California 91324 KANTOR & KANTOR LLP 13 25. At the time I sold the property in April 2006, the property was a high end, custom 19839 Nordhoff Street (818) 886 2525 14 home that had recently been upgraded to meet the style expectations of the decade. 15 I declare under penalty of perjury that the foregoing is true and correct and that this 16 Declaration was signed on March 3, 2022 at San Jose, California. 17 18 _____________________________ 19 Kenneth Bunger Declarant 20 21 22 23 24 25 26 27 28 5 DECLARATION OF KENNETH BUNGER 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 DECLARATION OF KEN BUNGER IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION in this 6 action by serving a true 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 1 PROOF OF SERVICE