Preview
XAVIER BECERRA Exempt from filing fees
1 Attomey General of Califomia (Gov. Code, § 6103)
PAMELA J. HOLMES
2 Supervising Deputy Attomey General
VICKIE P. WHITNEY, SBN 145360
3 Deputy Attomey General
BRUCE D. MCGAGIN, SBN 170146
4 Deputy Attomey General ENDORSED
1300 I Street, Suite 125
5 P.O. Box 944255
Sacramento, CA 94244-2550
6 Telephone: (916)210-7520
Telephone: (916)210-7697
7 Fax:(916)322-8288 By J. Bell, Deputy Clerk
E-maiI: Vickie.Whitney@doj.ca.gov
8 E-mail: Bmce.McGagin@doj.ca.gov
9 DONALD W . CARLSON
State Bar No. 79258
10 RANDY W . GIMPLE
State Bar No. 129705
11 CARLSON, CALLADINE & PETERSON LLP
353 Sacramento Street, 16th Floor
12 San Francisco, CA 94111
Telephone: (415) 391-3911
13 Fax: (415) 391-3898
Email: dcarlson@ccplaw.com
14 Email: rgimple@ccplaw.com
Attorneys for Defendant State of California, by and
15 through the Department of Water Resources
16 >•
SUPERIOR COURT OF THE STATE OF CALIFORNIA CQ
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COUNTY OF SACRAMENTO
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CIVIL DIVISION
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Coordination Proceeding Judicial Council Coordination Proceeding
20 Special Titie (Rule 3.550) No. 4974
Assigned to: Hon. James E. McFetridge,
21 Dept. 30
OROVILLE DAM CASES
22 DECLARATION OF D. CRAIG STREIFF
IN SUPPORT OF DEFENDANT'S
23 OPPOSITION TO PLAINTIFFS'
MOTION FOR CLASS
24 CERTIFICATION
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DECLARATION OF D. CRAIG STREIFF
1 I , D. Craig Streiff CPA/ABV, CFF, CITP, declare:
2 1) I am an individual over the age of 18 and a resident of the State of Califomia. I have
3 personal knowledge ofall matters stated below, and ifcalled upon to do so I could
4 testify competently to them.
5 2) I have been retained as an expert by counsel for the Defendants in this matter. I
6 understand that this declaration will be used in support Of the Defendant's Opposition
7 to Plaintiffs' Motion for Class Certification.
8 QUALIFICATIONS
9 3) I am a Partner at Hagen, Streiff, Newton & Oshiro, P.C. ("HSNO"), a forensic
10 accounting consulting firm that specializes in the application offinance,valuation,
11 economics, accounting, and statistical principles to questions and disputes that arise in
12 a variety of contexts, including litigation. I have been employed fuHtime by HSNO for
13 25 years as a forensic accountant. I am a Certified Public Accountant, ("CPA") also
14 Accredited in Business Valuation, ("ABV"), Certified in Financial Forensics, ("CFF"),
15 and as a Certified Information Technology Professional, ("CITP"). All my
16 certifications are current and in good standing. I have performed computations of
17 economic damages for numerous disputes and testified in court on related subjects.
18 4) Further details regarding my qualifications are set forth in my resume, a tme and
19 correct copy is attached as Attachment A. I have been compensated for my time in
20 preparation of this declaration at my customary rate.
21 5) A listing of my expert testimony experience is attached as Attachment B.
22 SCOPE OF WORK
6) I have been asked to opine about the suitability of treating all persons or businesses
24 who sustained a business loss as a result of the Oroville Spillway incident as a class.
25 MATERIALS R E L I E D ON
26 7) Declaration ofRandall Bell, PHD, MAI
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8) Various "Oroville Dam Cases Discovery Questionnaires"
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DECLARATION OF D. CRAIG STREIFF
9) Various "Oroville Dam Cases" Depositions
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2 10) United States Census Bureau, 2012 Economic Census Data
3 11) United States Department of Agriculture, 2012 Census Data
4 12) State of Califomia Department of General Services - Govemment Claim Form's
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6 THE CASE
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13) According to the complaint, there was an incident related to the use of the spillway in
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Febmary of 2017.
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10 14) In May of 2019 a Memorandum of Points and Authorities in support of the plaintiffs
11 motion for class certification was filed. This memorandum seeks the establishment of
12 three classes: 1) The Diminution Class, 2) The Property Loss Class, and 3) The
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Business Loss Class. The memorandum presents the following plaintiffs as potential
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class representatives: Marie Giordano, and Carol Gissell representing the diminution
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class, Douglas Nareau, representing the Property Loss Class, Small World Child Care,
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Small World Infant Care, Jordan Crossing Ministries, and Oroville Cycle all
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18 representing the Business Loss Class.
19 15) The class for "The Business Loss" is defined in the complaint as "All persons or
20 businesses who sustained business losses as a result ofthe Oroville dam crisis and/or
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the unsafe condition of the Oroville dam." In the complaint what constitutes a business
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loss in not defined and there are no geographical limits placed on the class. With no
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geographic limitations or specific definition, the class could include businesses that are
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hundreds of miles, or thousands of miles, away from the evacuation zone. A Business
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26 Loss could be experienced by; individuals, corporations, partnerships, non-profit
27 entities, or sole practitioners. Business Loss could include; lost profits, lost sales, lost
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DECLARATION OF D. CRAIG STREIFF
income, damaged goodwill, loss of reputation, intellectual property, physical assets,
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2 personnel, crops, lost inventory, etc.
3 16) One item included in Business Loss is "Business Income Loss". Business Income Loss
4 is the impact an incident or crisis had on the income of a business or entity. The
5 business income loss is computed by utilizing an If/Then computation. First a
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computation is made projecting what revenues and expenses would have been for the
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affected entity " I f the incident had not happened. "Then" the data is compared to what
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actually happened following the incident. The resulting variance is the Business
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10 Income Loss. Generally, this is accomplished by doing a historical analysis of the
11 actual operations ofthe business in the periods prior to the possible impairment. The
12 base period that is applicable can vary depending on the type ofbusiness, the industty,
13 or length of impairment. In some cases, the base period used will be weeks, and in
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others, months or years. What data is used to establish the projections can also vary by
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industry and business. In the hospitality business, daily occupancy and average daily
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room rate are key factors in computing both the base period and the impact an incident
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18 has on the business. In a manufacturing operation, often sales data will indicate a
19 minimal or no impact, but production logs and other reports will demonstrate
20 significant impacts on production, arid losses of production can resuh in lost income in
21 later more distant periods. Identifying the base period that is representative of the
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impacted period and appropriate financial data to use is very important to properly
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compute the impact on an individual business.
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25 17) The projections developed using the base period are then compared to the actual
26 revenues during the subject period to determine if the entity experienced a loss of
27 revenue. Once a loss of revenue is verified an additional step is necessary, the
28 subttaction of variable or non-continuing expenses. Cost of Goods Sold is very typical
DECLARATION OF D. CRAIG STREIFF
and an easy example of non-continuing expenses. For any product manufactured or
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2 sold there is an associated cost of manufacture or purchase. If the resulting sale ofthe
3 product does not occur the necessary purchase of materials or the product is not
4 necessaiy. In many cases the materials or products have already been purchased, but if
5 the item is not sold, no replacement inventory or materials are needed.
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18) The resulting Business Income Loss formula is: Projected sales less actual sale, minus
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saved or non-continuing expenses related to the decline in sales.
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10 AREA DEMOGRAPHICS
11 19) The information provided camefromthe 2012 Economic Census. The following
12 Califomia Cities have been identified as potentially impacted in the downstream area
13 below the Oroville dam and are included in the diagrams: Oroville, Oroville East,
14 South Oroville, Thermalito, Gridley, Live Oak, Palermo, Sutter, Yuba City,
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Marysville, Olivehurst, Linda, and West Sacramento.
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20) Total revenues ofall business in the downstream business districts:
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Revenue ($1,000)
19 $8,000,000 $7,447,441,
20 $7,000,000 —
$6,000,000 —
21 $5,000,000 —
$3,908,364
$4,000,000 —
22 $3,000,000 — B_.$?,570,847
$2,000,000 — • •||_S1,456366
23 $1,000,000 — 1 1 1 ^$605,419 $459,709.$457324.$323;455 $2(
;455 $26O,069-$200;109-$94;083 -$4344-
$0 —
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Note - Accommodation and food services. Finance and Insurance, and Educational
Services are not included in this graph because data (for revenue) was not made available
through 2012 Economic Census.
a. The chart above includes the total sales, shipments, receipts, revenue, or
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2 business done by domestic establishments (excludes foreign subsidiaries)
3 within the scope ofthe United States Census Bureau - 2012 Economic Census
4 Data.
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21)Number of establishments in potential impact area:
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8 Number of Establishments by Industry
1,800 -1,660
9 1,600 -
1,400 -
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1,200 —•—1,055-
962 -892-
11 1,000
1 591
800 — • 1
12 600
400 ~ | — 4 3 2 356 313""
13 200 -64-
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0 zblzfclzlzlrlztz-
• 284 269—- "20"
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J- .^.<*- (S- se? J^"
-S^ o
^ ^ „>
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a. In the above chart the datafromthe United States Census Bureau counts an
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20 establishment is a single physical location at which business is conducted
21 and/or services are provided. It is not necessarily identical with a company or
22 enterprise, which may consist of one establishment or more.
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DECLARATION OF D. CRAIG STREIFF
22) Payroll & number of employees reported for all employees in the potential impact area:
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Annual Payroll by Industry ($1,000)
3 $900,000 5853,706
$800,000 — B -
$700,000
$600,000
$500,000 _
$400,000 -•-i!^l^i&225352.791
$300,000
7 $200,000 I I JiL5^!M63,539i49,ioSl42,43S : .
I I • • • H $87,104$8S,966$83,139.c4 035,
$100,000 - | 1 1 1 1 1 1 1— , " , ^'",^»^^-^-$33.692$24;137-;i-6gr
12 ^ ^ ^
13 a. Payroll according to the United States Census Bureau - 2012 Economic Census
14 includes all forms of compensation, such as salaries, wages, commissions,
15 dismissal pay, bonuses, vacation allowances, sick-leave pay, and employee
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contributions to qualified pension plans paid diuing the year to all employees.
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For corporations, payroll includes amoimts paid to officers and executives; for
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unincorporated businesses, it does not include profit or other compensation of
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20 proprietors or partners. Payroll is reported before deductions for social security,
21 income tax, insurance, union dues, etc.
22 b. Paid employees consist offrill-and part-time employees. Included are
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24 employees on paid sick leave, paid holidays, and paid vacations; not included
25 arefrill-and part-time leased employees whose payroll wasfiledunder an
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employee leasing company's Employer Identification Number (EIN), and
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temporary staffing obtainedfroma stafGng service.
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DECLARATION OF D. CRAIG STREIFF
1 Number of Employees by Industry
20,000 18,751
2 18,000 -
16,000 - 14,648.
3 14,000 —
12,000 -
4 10,000 -
8,000 - "'•^"Ti^s
— 6 , 4 0 4
5 6,000 • •—4.-275-4;134-3-538
4,000 • • 3.048 3.047 _
6 2,000 - -297 76-
0
7 c^^"*' o?^'' J " i,^ /• Z'" ^^'^ ^S^^"
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^ if^ ..^ ^ .e,. .<^^ ^'
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12 23) As evidenced by the charts above with datafromthe United States Census Bureau -
13 2012 Economic Census, the downstream potential impact area ofthe Oroville dam is
14 very diverse. The businesses with the highest revenues are Wholesale & Retail trade
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businesses, while the businesses supporting the greatest number of employees are
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Health Care, Manufacturing and Retail. When combined, the data indicates the top four
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business types in order of Revenue, Payroll and the number of people employed are: 1)
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19 Health Care, 2) Retail Trade 3) Wholesale Trade, and 4) Manufacturing. The total
20 number of identified businesses in the 2012 census was 7,532. Given the 7-year delay
21 on the release of thie census data, we could expect a sizable growth ofthe total number
22 of establishments as well as the associated revenues and payroll.
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DECLARATION OF D. CRAIG STREIFF
^ 11 24) The information provided camefromthe United States Department of Agriculture
2 2012 census data. The following data is focused on three Counties: Butte (blue), Sutter
3 (Red), and Yuba (green). The total number of farms in all three counties is 4,209, and
4 the total acres of farm land is approximately 943,831. The number of 1 - 9 acres, 10
^ 49 acres, 50- 179 acres, 180 - 499 acres, 500 - 999 acres, and 1,000 acres or more is
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1,125, 1,440, 744, 482, 242, 176 respectively.
7 "
8 Agriculture
U Butte County • Sutter County • Yuba County
9 2,500 : ! .'. L.
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635
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15 Number of Farms by Size
I r4248
1 - 9 acres
|M240 "^297 --~
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10-49 acres 50 -179 acres 180 - 499 acres500 - 999 acres 1,000 acres or
Farms more
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Source: USDA, National Agricultural Statistics Service, 2012 Census of Agriculture -
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18 County Data
1^ Class Representatives
25) SmaU World ChUd Care ("SWCC") is located at 1295 Pomona Ave in OroviUe CA.
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SWCC is a child day care center and part of a national network of centers offering
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child care services.
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https://childcarecenter.iis/provider detail/small world child care learning center oro
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25 ville ca Based on the deposition testimony of Carla Small SWCC has claimed a loss of
26 Income of $5,243.50. According to Ms. Small the amount was calculated by estimating
2^ the daily revenue per child and multiplying by the number of children missing during
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DECLARATION OF D. CRAIG STREIFF
J the evacuation period (2 days) plus some additional 11 days, for a total of 13 days
2 impacted. Ms. Small stated she computed the daily amount of $26.95, the weekly
3 Valley Oaks subsidized care amount divided by 5 days.
4 26) Small World Infant Care ("SWIC") is located at 1295 Pomona Ave in Oroville CA.
5 SWIC is an infant day care center and part of a national network of centers offering
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child care services.
7
https://childcarecenter.us/provider detail/small world child care leaming center oro
8
ville ca Based on the deposifion testimony of Carla Small SWIC has claimed a loss of
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2Q Income of $4,274.73. According to Ms. Small the amount was calculated by estimafing
11 the daily revenue per child and muUiplying by the number of children missing during
^2 the evacuation period (2 days) plus some addifional 11 days, for a total of 13 days
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impacted. Ms. Small stated she computed the daily amount of $40.38, the weekly
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15 Valley Oaks subsidized care amount divided by 5 days.
16 27) Oroville Cycle ("0C")( https://www.facebook.com/oroville-cvcle-241284053694/)
17 operated by Joedy L. Woodcock is located at 1117 Oroville Dam Blvd. Oroville CA.
18 OC provides products and services for motorcycles, all-terrain vehicles (ATV), utility
19 task vehicles (UTV), and recreational water craft (WC). According to Mr. Woodcocks
testimony OC has been in business since 1996. It is Mr. Woodcock's testimony that
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OC operated two locations at the time ofthe dam incident, the second shop was a new
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location and was permanently closed following the incident. Mr. Woodcock testified
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that the closing of the second location cost approximately $15,000 for expenses
25 incurred related to opening the location that were not recovered due to its closing. The
26 first shop remained open but, according to Mr. Woodcock's testimony, experienced a
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28 decline in revenues of 30-35% from the prior year. Mr. Woodcock claims in his
testimony that the decline extended into 2019. Mr. Woodcock tesfified that the loss in
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DECLARATION OF D. CRAIG STREIFF
^ sales was due to the reduction in tourism to the area. His testimony further claims the
2 construction at the dam occupied parking at the lake,fiartherlimiting recreational
3 access and resulted in a possible decline of sales.
4 28) Jordan Crossing Ministries ("JCM") ( www.iordancrossingministries.us/about-us) is
5 a non-profit corporation located in the Oroville area. It provides ministry and housing
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services to individuals dealing with chemical dependency issues. According to the
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testimony of William Speer, JCM offers job training, I2-Step programs, Bible study,
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transitional housing and other services to individuals recovering from drug addiction
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]Q and recent prison release. Mr. Speer testified that JCM is a Christian based
11 rehabilitation program and is supported by local business and individuals that pay JCM
12 for services performed by its clients. According to Mr. Speers testimony, clients
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perform the work as a means of offsetting or supplementing the monthly cost of room
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15 and board, programs, and services. Mr. Speer stated that the volunteer businesses
16 include an auto repair shop, yard maintenance, and community service crews. Mr.
17 Speer testified that, JCM lost at least $3,000 of income during the 14-day period they
18 indicate were impacted even though the mandatory evacuation only lasted 2 days.
19 According to Mr. Speer, this amount was calculated by dividing the $650 monthly fee
20 clients pay by the 28 days in February resulting in an average of $23.21 per day.
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According to Mr. Speer this average was then multiplied by 14 days, $324.94, and by
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the average number of clients, 9.232, for a total of $3,000. Mr. Speer's method of
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calculation is detailed in the Discovery Questionnaire, Quesfion 11, which was
25 prepared by Mr. Speer, with the help of his staff.
26 29) In his deposition, Mr. Speer, testified that he had revised his damage claim. Mr. Speer
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28 states in his testimony the new claimed amounts totaled $11,374.65 and represent the
lost rents for the evacuation period of 14 day, for 35 individuals
n
DECLARATION OF D. CRAIG STREIFF
^ Opinion
2 30) When looking at the population downstream of the dam it is apparent that it comprises
3 a vety diverse set of businesses. The reported businesses with the greatest revenues are
4 1) Wholesale trade and 2) Retail trade. Wholesale and retail trade are significantly
5 different in operations and who their customers are. Wholesale is B to B or Business to
6 Business. Retail primarily sell to end users. This is significant in that incidents such as
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the OroviHe Dam Incident can affect each very differently. A temporary relocation of
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population will likely have a greater impact on retail business than wholesale.
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Wholesale businesses are often dealing with both local businesses and businesses
11 outside the impacted area.
12 31) There are also a significant number of businesses in the downstream area: Over 1,600
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Healthcare and Social Assistance ("HCSA") businesses, and over 1,000 retail business
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The HCSA businesses primarily provide services to the local population both inside
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and outside the impacted area and likely deal less with transient populations, such as
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tourists and recreational users, than the retail businesses do. The third largest by
28 number of businesses is Professional, Scientific and Technical ("PST"). It can be
19 assumed that many of these businesses will engage in trade primarily with other
20 businesses and individuals over a wider area than retail normally would
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32) When looking at the downstream population's payroll and employment numbers,
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HCSA is again the largest employer and pays double the total payroll ofthe number
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two Manufacturing categoty. Retail employs significantly more individuals than
25 manufacturing but as expected Manufacturing has a higher payroll total due to the need
26 for skilled labor.
27 33) The downstream area also plays host to over 4,000 agriculture related businesses and
over 940,000 acres of iand devoted to agriculture. Agriculture is generally a very
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DECLARATION OF D. CRAIG STREIFF
^ seasonal business model, having specific harvest seasons. From afinancialperspective,
2 agriculture operates similarly to a manufacturing business, but with vety different
3 drivers affecting production. Agriculture is also an area we would expect a lesser
4 impact from localized events affecting population.
5
6 34) It is my opinion that the proposed class representatives and the businesses in the
7 downstream impact area are vastly varied in nature and operation. The businesses also
8 cover an undefined and varied area that includes both city centers and farm land. The
9 businesses are also significantly diverse in the proximity to the dam and evacuation
10 zones.
11 35) There are numerous economic factors that could affect individual businesses in this
12 geographically diverse area with a large variety of different business types. Agriculture
13 will be affected by weather pattems from year to year. Businesses located in city
14 centers will be impacted by local changes to laws and expansion projects that will be
15 different from city to city and city to suburb. There are also naturalfluctuationsin the
16 economy, and Federal & State Tax changes that would affect businesses differently.
17 Additional factors can also affect business value and goodwill such as: increased
18 competition, online & social media presence, demographic shifts, and the business
19 owner's amount of experience. Due to the sheer number of businesses involved, the
20 undefined geographic scope, and the diverse types of businesses, the only way to
21 compute business losses would be to engage in a case by case analysis of each
22 impacted business, which would allow for care to be given to each industty, business
23 type &. size, and also give care to the proximity to the cause of the impact.
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DECLARATION OF D. CRAIG STREIFF
1 I declare under penalty of perjuty under the law of the State of Califomia that the foregoing is true
2 and correct.
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4 Executed af Irvine Califomia on the 26th day of April 2019.
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7 ^ Streiff
D. Craig
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DECLARATION OF D. CRAIG STREIFF
Attachment A
HSNO Professional Bio
THE FORENSICS FIRM
Accounting i Economics i Consulting
Craig Streiff, CPA, ABV, CFF, CITP
Partner
2415 Campus Drive Suite 225
Irvine, CA 92612
Office: 949.390.7500
Direct: 949.390.7469
Fax 949.390.7501
Email: CStreiff@HSNO.com
BIO/SUMMARY
Craig Streiff is a partner with HSNO in southern California. He specializes in financial evaluation of
damage claims, including the measurement of economic damages involving cyber breaches,
employee dishonesty, lost wages, business interruption, lost profits, contingent business
interruption, extra expense, inventory, construction & surety claims, third-party damage claims, and
personal injury. Mr. Streiff has preformed forensic accounting analysis on claims exceeding $300M.
Mr. Streiff is a Certified Public Accountant (CPA) and Certified in Financial Forensics (CFF). Mr.
Streiff is also Accredited in Business Valuation (ABV). The ABV credential proves his business ability
and recognizes his extensive experience in business valuation including professional and regulatory
standards, valuation methods, documentation and continuing education. Mr. Streiff has been
engaged to review Family Limited partnerships and other Trusts for Fraud and miss management.
He has also performed many earnings projections and business valuations related to family law
matters and other partnership disputes.
Craig Streiff has the AlCPA Certified Information Technology Professional (CITP) designation
indicative of his experience and dedication to advanced technologies. He has consulted and
participated in cases involving computer forensics, network security analysis, disaster recovery
assessment, and electronic discovery. He is also a practice leader in Cyber Breach Damage
Computations.
SELECT CONSULTING EXPERIENCE
Computation of damages resulting from a Hacker infiltrating online ordering systems
Forensic review of damages to Hotel 8i Casino after Hurricane Katrina - $349M
Forensic discovery and documentation of employee embezzlement spanning 5 years
Computation of damages due to course of construction defects in large hotel towers
Review of transaction and Expenses in Family Trust to verify transparency and Fiduciary
. - Duties are followed.
SELECT INDUSTRY EXPERIENCE
• Wage and Hour • Casinos • Family Trusts
• Construction • Electronics • Aerospace
10/11/2017 www.hsno.com Page1of2
HSNO
THE FORENSICS FIRM
Professional Bio
Accounting i Economics i Consulting
Agriculture Employee Food Production
Hotels Dishonesty Insurance
Medical Industries Wrongful Computers
Manufacturing Termination Cyber Breach
Retail Operations Personal Injury Bitcoin and Digital
Restaurants Virtual Currencies Currency's
Paper/Lumber Power Generation Data Recovery
Wafer Fabrication Intellectual Real Estate
Property Mining
CERTIFICATIONS
• Certified Public Accountant - CPA
• Accredited in Business Valuation - ABV
• Certified Financial Forensics - CFF
• Certified Information Technology Professional - CITP
EDUCATION
• The University of Utah, Salt Lake City, Utah
• Bachelor of Science-Accounting
• Annual Continuing Education Requirements
PROFESSIONAL AFFILIATIONS
• American Institute of Certified Public Accountants.
• California Society of Certified Public Accountants.
10/11/2017 www.hsno.com Page 2 of 2
D. Craig Streiff
The listed cases below have been resolved, no active cases are represented in
this listing.
Case detail regarding D. Craig StreifFs deposition and/or trial:
Schneider v. Ruben & Jones.: the arbitration was at the Los Angeles location of
JAMS. Craig's testimony was on August 10, 2004. Craig testified on behalf of
Craig Schneider and Carlson, Calladine & Peterson, LLP regarding a present
value computation related to professional malpractice litigation.
George Jaramillo v. Countv of Orange.: Wrongful termination. Craig's Testimony
was in April 2009, over a three-day period. Craig testified on behalf of George
Jaramillo and The Law Offices of Joel Baruch, regarding the present value
computation related to lost earnings and lost retirement benefits related to
wrongful termination.
Nicolae Popescu v. Donald Becker M.D.: Medical Malpractice. Craig gave
testimony at a deposition on June 19, 2009. Craig testified on behalf Nicolae
Popescu and The Law Offices of Joel Baruch, regarding the present value
computation related to lost earnings and related to professional malpractice
litigation.
IFF V. Van Eghen Et Al: Product Recall case. Craig gave testimony at a
deposition in 2011. Craig testified on behalf of De Francesco, the grower of the
recalled product. Craig was retained by Cannon & Nelms as an Expert. Craig
testified regarding the values and costs of conducting the recall and what product
was recalled because ofthe issue or for other reasons.
Am-Mex v. Great American Insurance Co.: Testimony in arbitration on June 20'^
2013 regarding lost income due to damages that affected income at one ofthe
operating location near San Diego. Also regarding the effect on other location as
a result of the damage and other economic factors the affected the business
operations. Craig was retained by Bullivant Houser Bailey PC and Great
American Ins. Co.
Emerson Electric v. Solus Industrial Innovations: Testimony in Milan Italy on
February 27^^ 2014 regarding economic damages resulting from an explosion at
a manufacturing plan that resulted in the deaths of several workers. The
testimony also addressed the effect on the value of the manufacturing plant and
the recent sales transaction between the Italian company Solus and Emerson
Electric. Craig was retained by the Offices of Riddell Williams in Seattle
Washington.
Mueller-Dean v. Great American Insurance Co.: Testimony in arbitration hearing
in September 2016. The matter involved a dispute over damages resulting from a
broken underground water main that causes flooding and property damage to
Mueller-Dean. The dispute was over the effect of the damage to enrolling new
students and the lost revenue associated with the loss of existing and new
students.
St Jude Medical Inc. v Allstate Energv Inc.: Expert report and rebuttal report for
federal court September 2017. The case involves subrogation between St Jude
and Allstate Energy regarding the damages incurred following a fire in a clean
room environment caused by faulty electrical installation by Allstate Energy.
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XAVIER BECERRA Exempt from filing fees 1 Attomey General of Califomia (Gov. Code, § 6103) PAMELA J. HOLMES 2 Supervising Deputy Attomey General VICKIE P. WHITNEY, SBN 145360 3 Deputy Attomey General BRUCE D. MCGAGIN, SBN 170146 4 Deputy Attomey General ENDORSED 1300 I Street, Suite 125 5 P.O. Box 944255 Sacramento, CA 94244-2550 6 Telephone: (916)210-7520 Telephone: (916)210-7697 7 Fax:(916)322-8288 By J. Bell, Deputy Clerk E-maiI: Vickie.Whitney@doj.ca.gov 8 E-mail: Bmce.McGagin@doj.ca.gov 9 DONALD W . CARLSON State Bar No. 79258 10 RANDY W . GIMPLE State Bar No. 129705 11 CARLSON, CALLADINE & PETERSON LLP 353 Sacramento Street, 16th Floor 12 San Francisco, CA 94111 Telephone: (415) 391-3911 13 Fax: (415) 391-3898 Email: dcarlson@ccplaw.com 14 Email: rgimple@ccplaw.com Attorneys for Defendant State of California, by and 15 through the Department of Water Resources 16 >• SUPERIOR COURT OF THE STATE OF CALIFORNIA CQ 17 COUNTY OF SACRAMENTO 18 CIVIL DIVISION 19 Coordination Proceeding Judicial Council Coordination Proceeding 20 Special Titie (Rule 3.550) No. 4974 Assigned to: Hon. James E. McFetridge, 21 Dept. 30 OROVILLE DAM CASES 22 DECLARATION OF D. CRAIG STREIFF IN SUPPORT OF DEFENDANT'S 23 OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS 24 CERTIFICATION 25 26 27 28 DECLARATION OF D. CRAIG STREIFF 1 I , D. Craig Streiff CPA/ABV, CFF, CITP, declare: 2 1) I am an individual over the age of 18 and a resident of the State of Califomia. I have 3 personal knowledge ofall matters stated below, and ifcalled upon to do so I could 4 testify competently to them. 5 2) I have been retained as an expert by counsel for the Defendants in this matter. I 6 understand that this declaration will be used in support Of the Defendant's Opposition 7 to Plaintiffs' Motion for Class Certification. 8 QUALIFICATIONS 9 3) I am a Partner at Hagen, Streiff, Newton & Oshiro, P.C. ("HSNO"), a forensic 10 accounting consulting firm that specializes in the application offinance,valuation, 11 economics, accounting, and statistical principles to questions and disputes that arise in 12 a variety of contexts, including litigation. I have been employed fuHtime by HSNO for 13 25 years as a forensic accountant. I am a Certified Public Accountant, ("CPA") also 14 Accredited in Business Valuation, ("ABV"), Certified in Financial Forensics, ("CFF"), 15 and as a Certified Information Technology Professional, ("CITP"). All my 16 certifications are current and in good standing. I have performed computations of 17 economic damages for numerous disputes and testified in court on related subjects. 18 4) Further details regarding my qualifications are set forth in my resume, a tme and 19 correct copy is attached as Attachment A. I have been compensated for my time in 20 preparation of this declaration at my customary rate. 21 5) A listing of my expert testimony experience is attached as Attachment B. 22 SCOPE OF WORK 6) I have been asked to opine about the suitability of treating all persons or businesses 24 who sustained a business loss as a result of the Oroville Spillway incident as a class. 25 MATERIALS R E L I E D ON 26 7) Declaration ofRandall Bell, PHD, MAI 27 8) Various "Oroville Dam Cases Discovery Questionnaires" 28 2 DECLARATION OF D. CRAIG STREIFF 9) Various "Oroville Dam Cases" Depositions 1 2 10) United States Census Bureau, 2012 Economic Census Data 3 11) United States Department of Agriculture, 2012 Census Data 4 12) State of Califomia Department of General Services - Govemment Claim Form's 5 6 THE CASE 7 13) According to the complaint, there was an incident related to the use of the spillway in 8 Febmary of 2017. 9 10 14) In May of 2019 a Memorandum of Points and Authorities in support of the plaintiffs 11 motion for class certification was filed. This memorandum seeks the establishment of 12 three classes: 1) The Diminution Class, 2) The Property Loss Class, and 3) The 13 Business Loss Class. The memorandum presents the following plaintiffs as potential 14 class representatives: Marie Giordano, and Carol Gissell representing the diminution 15 class, Douglas Nareau, representing the Property Loss Class, Small World Child Care, 16 Small World Infant Care, Jordan Crossing Ministries, and Oroville Cycle all 17 18 representing the Business Loss Class. 19 15) The class for "The Business Loss" is defined in the complaint as "All persons or 20 businesses who sustained business losses as a result ofthe Oroville dam crisis and/or 21 the unsafe condition of the Oroville dam." In the complaint what constitutes a business 22 loss in not defined and there are no geographical limits placed on the class. With no 23 geographic limitations or specific definition, the class could include businesses that are 24 hundreds of miles, or thousands of miles, away from the evacuation zone. A Business 25 26 Loss could be experienced by; individuals, corporations, partnerships, non-profit 27 entities, or sole practitioners. Business Loss could include; lost profits, lost sales, lost 28 DECLARATION OF D. CRAIG STREIFF income, damaged goodwill, loss of reputation, intellectual property, physical assets, 1 2 personnel, crops, lost inventory, etc. 3 16) One item included in Business Loss is "Business Income Loss". Business Income Loss 4 is the impact an incident or crisis had on the income of a business or entity. The 5 business income loss is computed by utilizing an If/Then computation. First a 6 computation is made projecting what revenues and expenses would have been for the 7 affected entity " I f the incident had not happened. "Then" the data is compared to what 8 actually happened following the incident. The resulting variance is the Business 9 10 Income Loss. Generally, this is accomplished by doing a historical analysis of the 11 actual operations ofthe business in the periods prior to the possible impairment. The 12 base period that is applicable can vary depending on the type ofbusiness, the industty, 13 or length of impairment. In some cases, the base period used will be weeks, and in 14 others, months or years. What data is used to establish the projections can also vary by 15 industry and business. In the hospitality business, daily occupancy and average daily 16 room rate are key factors in computing both the base period and the impact an incident 17 18 has on the business. In a manufacturing operation, often sales data will indicate a 19 minimal or no impact, but production logs and other reports will demonstrate 20 significant impacts on production, arid losses of production can resuh in lost income in 21 later more distant periods. Identifying the base period that is representative of the 22 impacted period and appropriate financial data to use is very important to properly 23 compute the impact on an individual business. 24 25 17) The projections developed using the base period are then compared to the actual 26 revenues during the subject period to determine if the entity experienced a loss of 27 revenue. Once a loss of revenue is verified an additional step is necessary, the 28 subttaction of variable or non-continuing expenses. Cost of Goods Sold is very typical DECLARATION OF D. CRAIG STREIFF and an easy example of non-continuing expenses. For any product manufactured or 1 2 sold there is an associated cost of manufacture or purchase. If the resulting sale ofthe 3 product does not occur the necessary purchase of materials or the product is not 4 necessaiy. In many cases the materials or products have already been purchased, but if 5 the item is not sold, no replacement inventory or materials are needed. 6 18) The resulting Business Income Loss formula is: Projected sales less actual sale, minus 7 saved or non-continuing expenses related to the decline in sales. 8 9 10 AREA DEMOGRAPHICS 11 19) The information provided camefromthe 2012 Economic Census. The following 12 Califomia Cities have been identified as potentially impacted in the downstream area 13 below the Oroville dam and are included in the diagrams: Oroville, Oroville East, 14 South Oroville, Thermalito, Gridley, Live Oak, Palermo, Sutter, Yuba City, 15 Marysville, Olivehurst, Linda, and West Sacramento. 16 20) Total revenues ofall business in the downstream business districts: 17 18 Revenue ($1,000) 19 $8,000,000 $7,447,441, 20 $7,000,000 — $6,000,000 — 21 $5,000,000 — $3,908,364 $4,000,000 — 22 $3,000,000 — B_.$?,570,847 $2,000,000 — • •||_S1,456366 23 $1,000,000 — 1 1 1 ^$605,419 $459,709.$457324.$323;455 $2( ;455 $26O,069-$200;109-$94;083 -$4344- $0 — 24 25 26 27 28 Note - Accommodation and food services. Finance and Insurance, and Educational Services are not included in this graph because data (for revenue) was not made available through 2012 Economic Census. a. The chart above includes the total sales, shipments, receipts, revenue, or 1 2 business done by domestic establishments (excludes foreign subsidiaries) 3 within the scope ofthe United States Census Bureau - 2012 Economic Census 4 Data. 5 6 21)Number of establishments in potential impact area: 7 8 Number of Establishments by Industry 1,800 -1,660 9 1,600 - 1,400 - 10 1,200 —•—1,055- 962 -892- 11 1,000 1 591 800 — • 1 12 600 400 ~ | — 4 3 2 356 313"" 13 200 -64- 14 0 zblzfclzlzlrlztz- • 284 269—- "20" 15 J- .^.<*- (S- se? J^" -S^ o ^ ^ „> 17 18 a. In the above chart the datafromthe United States Census Bureau counts an 19 20 establishment is a single physical location at which business is conducted 21 and/or services are provided. It is not necessarily identical with a company or 22 enterprise, which may consist of one establishment or more. 23 24 25 26 27 28 DECLARATION OF D. CRAIG STREIFF 22) Payroll & number of employees reported for all employees in the potential impact area: 1 2 Annual Payroll by Industry ($1,000) 3 $900,000 5853,706 $800,000 — B - $700,000 $600,000 $500,000 _ $400,000 -•-i!^l^i&225352.791 $300,000 7 $200,000 I I JiL5^!M63,539i49,ioSl42,43S : . I I • • • H $87,104$8S,966$83,139.c4 035, $100,000 - | 1 1 1 1 1 1 1— , " , ^'",^»^^-^-$33.692$24;137-;i-6gr 12 ^ ^ ^ 13 a. Payroll according to the United States Census Bureau - 2012 Economic Census 14 includes all forms of compensation, such as salaries, wages, commissions, 15 dismissal pay, bonuses, vacation allowances, sick-leave pay, and employee 16 contributions to qualified pension plans paid diuing the year to all employees. 17 For corporations, payroll includes amoimts paid to officers and executives; for 18 unincorporated businesses, it does not include profit or other compensation of 19 20 proprietors or partners. Payroll is reported before deductions for social security, 21 income tax, insurance, union dues, etc. 22 b. Paid employees consist offrill-and part-time employees. Included are 23 24 employees on paid sick leave, paid holidays, and paid vacations; not included 25 arefrill-and part-time leased employees whose payroll wasfiledunder an 26 employee leasing company's Employer Identification Number (EIN), and 27 temporary staffing obtainedfroma stafGng service. 28 DECLARATION OF D. CRAIG STREIFF 1 Number of Employees by Industry 20,000 18,751 2 18,000 - 16,000 - 14,648. 3 14,000 — 12,000 - 4 10,000 - 8,000 - "'•^"Ti^s — 6 , 4 0 4 5 6,000 • •—4.-275-4;134-3-538 4,000 • • 3.048 3.047 _ 6 2,000 - -297 76- 0 7 c^^"*' o?^'' J " i,^ /• Z'" ^^'^ ^S^^" 8 ^ if^ ..^ ^ .e,. .<^^ ^' 9 10 11 12 23) As evidenced by the charts above with datafromthe United States Census Bureau - 13 2012 Economic Census, the downstream potential impact area ofthe Oroville dam is 14 very diverse. The businesses with the highest revenues are Wholesale & Retail trade 15 businesses, while the businesses supporting the greatest number of employees are 16 Health Care, Manufacturing and Retail. When combined, the data indicates the top four 17 business types in order of Revenue, Payroll and the number of people employed are: 1) 18 19 Health Care, 2) Retail Trade 3) Wholesale Trade, and 4) Manufacturing. The total 20 number of identified businesses in the 2012 census was 7,532. Given the 7-year delay 21 on the release of thie census data, we could expect a sizable growth ofthe total number 22 of establishments as well as the associated revenues and payroll. 23 24 25 26 27 28 8 DECLARATION OF D. CRAIG STREIFF ^ 11 24) The information provided camefromthe United States Department of Agriculture 2 2012 census data. The following data is focused on three Counties: Butte (blue), Sutter 3 (Red), and Yuba (green). The total number of farms in all three counties is 4,209, and 4 the total acres of farm land is approximately 943,831. The number of 1 - 9 acres, 10 ^ 49 acres, 50- 179 acres, 180 - 499 acres, 500 - 999 acres, and 1,000 acres or more is 6 1,125, 1,440, 744, 482, 242, 176 respectively. 7 " 8 Agriculture U Butte County • Sutter County • Yuba County 9 2,500 : ! .'. L. 10 11 12 635 13 14 15 Number of Farms by Size I r4248 1 - 9 acres |M240 "^297 --~ 35 10-49 acres 50 -179 acres 180 - 499 acres500 - 999 acres 1,000 acres or Farms more 16 Source: USDA, National Agricultural Statistics Service, 2012 Census of Agriculture - 17 18 County Data 1^ Class Representatives 25) SmaU World ChUd Care ("SWCC") is located at 1295 Pomona Ave in OroviUe CA. 21 SWCC is a child day care center and part of a national network of centers offering 22 child care services. 23 https://childcarecenter.iis/provider detail/small world child care learning center oro 24 25 ville ca Based on the deposition testimony of Carla Small SWCC has claimed a loss of 26 Income of $5,243.50. According to Ms. Small the amount was calculated by estimating 2^ the daily revenue per child and multiplying by the number of children missing during 28 DECLARATION OF D. CRAIG STREIFF J the evacuation period (2 days) plus some additional 11 days, for a total of 13 days 2 impacted. Ms. Small stated she computed the daily amount of $26.95, the weekly 3 Valley Oaks subsidized care amount divided by 5 days. 4 26) Small World Infant Care ("SWIC") is located at 1295 Pomona Ave in Oroville CA. 5 SWIC is an infant day care center and part of a national network of centers offering 6 child care services. 7 https://childcarecenter.us/provider detail/small world child care leaming center oro 8 ville ca Based on the deposifion testimony of Carla Small SWIC has claimed a loss of 9 2Q Income of $4,274.73. According to Ms. Small the amount was calculated by estimafing 11 the daily revenue per child and muUiplying by the number of children missing during ^2 the evacuation period (2 days) plus some addifional 11 days, for a total of 13 days 13 impacted. Ms. Small stated she computed the daily amount of $40.38, the weekly 14 15 Valley Oaks subsidized care amount divided by 5 days. 16 27) Oroville Cycle ("0C")( https://www.facebook.com/oroville-cvcle-241284053694/) 17 operated by Joedy L. Woodcock is located at 1117 Oroville Dam Blvd. Oroville CA. 18 OC provides products and services for motorcycles, all-terrain vehicles (ATV), utility 19 task vehicles (UTV), and recreational water craft (WC). According to Mr. Woodcocks testimony OC has been in business since 1996. It is Mr. Woodcock's testimony that 21 OC operated two locations at the time ofthe dam incident, the second shop was a new 22 location and was permanently closed following the incident. Mr. Woodcock testified 23 that the closing of the second location cost approximately $15,000 for expenses 25 incurred related to opening the location that were not recovered due to its closing. The 26 first shop remained open but, according to Mr. Woodcock's testimony, experienced a 27 28 decline in revenues of 30-35% from the prior year. Mr. Woodcock claims in his testimony that the decline extended into 2019. Mr. Woodcock tesfified that the loss in 10 DECLARATION OF D. CRAIG STREIFF ^ sales was due to the reduction in tourism to the area. His testimony further claims the 2 construction at the dam occupied parking at the lake,fiartherlimiting recreational 3 access and resulted in a possible decline of sales. 4 28) Jordan Crossing Ministries ("JCM") ( www.iordancrossingministries.us/about-us) is 5 a non-profit corporation located in the Oroville area. It provides ministry and housing 6 services to individuals dealing with chemical dependency issues. According to the 7 testimony of William Speer, JCM offers job training, I2-Step programs, Bible study, 8 transitional housing and other services to individuals recovering from drug addiction 9 ]Q and recent prison release. Mr. Speer testified that JCM is a Christian based 11 rehabilitation program and is supported by local business and individuals that pay JCM 12 for services performed by its clients. According to Mr. Speers testimony, clients 13 perform the work as a means of offsetting or supplementing the monthly cost of room 14 15 and board, programs, and services. Mr. Speer stated that the volunteer businesses 16 include an auto repair shop, yard maintenance, and community service crews. Mr. 17 Speer testified that, JCM lost at least $3,000 of income during the 14-day period they 18 indicate were impacted even though the mandatory evacuation only lasted 2 days. 19 According to Mr. Speer, this amount was calculated by dividing the $650 monthly fee 20 clients pay by the 28 days in February resulting in an average of $23.21 per day. 21 According to Mr. Speer this average was then multiplied by 14 days, $324.94, and by 22 the average number of clients, 9.232, for a total of $3,000. Mr. Speer's method of 23 calculation is detailed in the Discovery Questionnaire, Quesfion 11, which was 25 prepared by Mr. Speer, with the help of his staff. 26 29) In his deposition, Mr. Speer, testified that he had revised his damage claim. Mr. Speer 27 28 states in his testimony the new claimed amounts totaled $11,374.65 and represent the lost rents for the evacuation period of 14 day, for 35 individuals n DECLARATION OF D. CRAIG STREIFF ^ Opinion 2 30) When looking at the population downstream of the dam it is apparent that it comprises 3 a vety diverse set of businesses. The reported businesses with the greatest revenues are 4 1) Wholesale trade and 2) Retail trade. Wholesale and retail trade are significantly 5 different in operations and who their customers are. Wholesale is B to B or Business to 6 Business. Retail primarily sell to end users. This is significant in that incidents such as 7 the OroviHe Dam Incident can affect each very differently. A temporary relocation of 8 population will likely have a greater impact on retail business than wholesale. 9 Wholesale businesses are often dealing with both local businesses and businesses 11 outside the impacted area. 12 31) There are also a significant number of businesses in the downstream area: Over 1,600 13 Healthcare and Social Assistance ("HCSA") businesses, and over 1,000 retail business 14 The HCSA businesses primarily provide services to the local population both inside 15 and outside the impacted area and likely deal less with transient populations, such as 16 tourists and recreational users, than the retail businesses do. The third largest by 28 number of businesses is Professional, Scientific and Technical ("PST"). It can be 19 assumed that many of these businesses will engage in trade primarily with other 20 businesses and individuals over a wider area than retail normally would 21 32) When looking at the downstream population's payroll and employment numbers, 22 HCSA is again the largest employer and pays double the total payroll ofthe number 23 two Manufacturing categoty. Retail employs significantly more individuals than 25 manufacturing but as expected Manufacturing has a higher payroll total due to the need 26 for skilled labor. 27 33) The downstream area also plays host to over 4,000 agriculture related businesses and over 940,000 acres of iand devoted to agriculture. Agriculture is generally a very 12 DECLARATION OF D. CRAIG STREIFF ^ seasonal business model, having specific harvest seasons. From afinancialperspective, 2 agriculture operates similarly to a manufacturing business, but with vety different 3 drivers affecting production. Agriculture is also an area we would expect a lesser 4 impact from localized events affecting population. 5 6 34) It is my opinion that the proposed class representatives and the businesses in the 7 downstream impact area are vastly varied in nature and operation. The businesses also 8 cover an undefined and varied area that includes both city centers and farm land. The 9 businesses are also significantly diverse in the proximity to the dam and evacuation 10 zones. 11 35) There are numerous economic factors that could affect individual businesses in this 12 geographically diverse area with a large variety of different business types. Agriculture 13 will be affected by weather pattems from year to year. Businesses located in city 14 centers will be impacted by local changes to laws and expansion projects that will be 15 different from city to city and city to suburb. There are also naturalfluctuationsin the 16 economy, and Federal & State Tax changes that would affect businesses differently. 17 Additional factors can also affect business value and goodwill such as: increased 18 competition, online & social media presence, demographic shifts, and the business 19 owner's amount of experience. Due to the sheer number of businesses involved, the 20 undefined geographic scope, and the diverse types of businesses, the only way to 21 compute business losses would be to engage in a case by case analysis of each 22 impacted business, which would allow for care to be given to each industty, business 23 type &. size, and also give care to the proximity to the cause of the impact. 24 25 26 27 28 13 DECLARATION OF D. CRAIG STREIFF 1 I declare under penalty of perjuty under the law of the State of Califomia that the foregoing is true 2 and correct. 3 4 Executed af Irvine Califomia on the 26th day of April 2019. 6 7 ^ Streiff D. Craig 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14 DECLARATION OF D. CRAIG STREIFF Attachment A HSNO Professional Bio THE FORENSICS FIRM Accounting i Economics i Consulting Craig Streiff, CPA, ABV, CFF, CITP Partner 2415 Campus Drive Suite 225 Irvine, CA 92612 Office: 949.390.7500 Direct: 949.390.7469 Fax 949.390.7501 Email: CStreiff@HSNO.com BIO/SUMMARY Craig Streiff is a partner with HSNO in southern California. He specializes in financial evaluation of damage claims, including the measurement of economic damages involving cyber breaches, employee dishonesty, lost wages, business interruption, lost profits, contingent business interruption, extra expense, inventory, construction & surety claims, third-party damage claims, and personal injury. Mr. Streiff has preformed forensic accounting analysis on claims exceeding $300M. Mr. Streiff is a Certified Public Accountant (CPA) and Certified in Financial Forensics (CFF). Mr. Streiff is also Accredited in Business Valuation (ABV). The ABV credential proves his business ability and recognizes his extensive experience in business valuation including professional and regulatory standards, valuation methods, documentation and continuing education. Mr. Streiff has been engaged to review Family Limited partnerships and other Trusts for Fraud and miss management. He has also performed many earnings projections and business valuations related to family law matters and other partnership disputes. Craig Streiff has the AlCPA Certified Information Technology Professional (CITP) designation indicative of his experience and dedication to advanced technologies. He has consulted and participated in cases involving computer forensics, network security analysis, disaster recovery assessment, and electronic discovery. He is also a practice leader in Cyber Breach Damage Computations. SELECT CONSULTING EXPERIENCE Computation of damages resulting from a Hacker infiltrating online ordering systems Forensic review of damages to Hotel 8i Casino after Hurricane Katrina - $349M Forensic discovery and documentation of employee embezzlement spanning 5 years Computation of damages due to course of construction defects in large hotel towers Review of transaction and Expenses in Family Trust to verify transparency and Fiduciary . - Duties are followed. SELECT INDUSTRY EXPERIENCE • Wage and Hour • Casinos • Family Trusts • Construction • Electronics • Aerospace 10/11/2017 www.hsno.com Page1of2 HSNO THE FORENSICS FIRM Professional Bio Accounting i Economics i Consulting Agriculture Employee Food Production Hotels Dishonesty Insurance Medical Industries Wrongful Computers Manufacturing Termination Cyber Breach Retail Operations Personal Injury Bitcoin and Digital Restaurants Virtual Currencies Currency's Paper/Lumber Power Generation Data Recovery Wafer Fabrication Intellectual Real Estate Property Mining CERTIFICATIONS • Certified Public Accountant - CPA • Accredited in Business Valuation - ABV • Certified Financial Forensics - CFF • Certified Information Technology Professional - CITP EDUCATION • The University of Utah, Salt Lake City, Utah • Bachelor of Science-Accounting • Annual Continuing Education Requirements PROFESSIONAL AFFILIATIONS • American Institute of Certified Public Accountants. • California Society of Certified Public Accountants. 10/11/2017 www.hsno.com Page 2 of 2 D. Craig Streiff The listed cases below have been resolved, no active cases are represented in this listing. Case detail regarding D. Craig StreifFs deposition and/or trial: Schneider v. Ruben & Jones.: the arbitration was at the Los Angeles location of JAMS. Craig's testimony was on August 10, 2004. Craig testified on behalf of Craig Schneider and Carlson, Calladine & Peterson, LLP regarding a present value computation related to professional malpractice litigation. George Jaramillo v. Countv of Orange.: Wrongful termination. Craig's Testimony was in April 2009, over a three-day period. Craig testified on behalf of George Jaramillo and The Law Offices of Joel Baruch, regarding the present value computation related to lost earnings and lost retirement benefits related to wrongful termination. Nicolae Popescu v. Donald Becker M.D.: Medical Malpractice. Craig gave testimony at a deposition on June 19, 2009. Craig testified on behalf Nicolae Popescu and The Law Offices of Joel Baruch, regarding the present value computation related to lost earnings and related to professional malpractice litigation. IFF V. Van Eghen Et Al: Product Recall case. Craig gave testimony at a deposition in 2011. Craig testified on behalf of De Francesco, the grower of the recalled product. Craig was retained by Cannon & Nelms as an Expert. Craig testified regarding the values and costs of conducting the recall and what product was recalled because ofthe issue or for other reasons. Am-Mex v. Great American Insurance Co.: Testimony in arbitration on June 20'^ 2013 regarding lost income due to damages that affected income at one ofthe operating location near San Diego. Also regarding the effect on other location as a result of the damage and other economic factors the affected the business operations. Craig was retained by Bullivant Houser Bailey PC and Great American Ins. Co. Emerson Electric v. Solus Industrial Innovations: Testimony in Milan Italy on February 27^^ 2014 regarding economic damages resulting from an explosion at a manufacturing plan that resulted in the deaths of several workers. The testimony also addressed the effect on the value of the manufacturing plant and the recent sales transaction between the Italian company Solus and Emerson Electric. Craig was retained by the Offices of Riddell Williams in Seattle Washington. Mueller-Dean v. Great American Insurance Co.: Testimony in arbitration hearing in September 2016. The matter involved a dispute over damages resulting from a broken underground water main that causes flooding and property damage to Mueller-Dean. The dispute was over the effect of the damage to enrolling new students and the lost revenue associated with the loss of existing and new students. St Jude Medical Inc. v Allstate Energv Inc.: Expert report and rebuttal report for federal court September 2017. The case involves subrogation between St Jude and Allstate Energy regarding the damages incurred following a fire in a clean room environment caused by faulty electrical installation by Allstate Energy.