Preview
Stacy M. Tucker (SBN 218942)
1 smtucker@mtlawpc.com
MONAHAN TUCKER LAW, PC
2 14241 NE Woodinville-Duvall Road
Suite 382
3 Woodinville, WA 98072
T: (206) 486-3553
4 F: (206) 339-7155
5 Lisa S. Kantor (SBN 110678)
lkantor@kantorlaw.net
6 KANTOR & KANTOR, LLP
19839 Nordhoff Street
7 Northridge, CA 91324
T: (818) 886-2525
8 F: (818) 350-6272
9 Attorneys for Plaintiff, Gary Koop
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF SONOMA
14241 NE Woodinville-Duvall Road, Suite 382
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GARY KOOP, Case No. SCV-266944
MONAHAN TUCKER LAW, P.C.
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Woodinville, WA 98072
Plaintiff, [Assigned to Hon. Oscar A. Pardo]
(866) 823-8275
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15 vs. VERIFIED STATEMENT OF
DISQUALIFICATION RE HON. OSCAR
16 FIRE INSURANCE EXCHANGE, dba A. PARDO
FARMERS INSURANCE GROUP, BRIAN
17 HUNSAKER,
18 Defendants.
Date: ______, 2023
19 Time: 3:00 p.m.
Dept.: 19
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22 Action Filed: August 24, 2020
Trial Date: November 17, 2023
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PLAINTIFF GARY KOOP’S VERIFIED STATEMENT OF DISQUALIFICATION
1 TO THE COURT, THE PARTIES AND THEIR COUNSEL OF RECORD:
2 Plaintiff Gary Koop hereby states that the Hon. Oscar A. Pardo is and should be disqualified
3 from presiding in this matter and that, per Code of Civil Procedure 170.4(c)(1), any orders or rulings
4 that he made after the grounds for disqualification stated below arose are void and shall be vacated.
5 This statement of disqualification is made on the grounds set forth in this verified statement and the
6 accompanying Memorandum of Points and Authorities.
7 In particular, disqualification is required because “a person aware of the facts might
8 reasonably entertain a doubt that the judge would be able to be impartial.” (Code. Civ. Proc.
9 §§170.1(a)(6)(A)(iii).) Additionally, Judge Pardo has engaged in ex parte communications with
10 Plaintiff, providing him information about Plaintiff’s rebuilding efforts at issue in this litigation,
11 which is prohibited by California Code of Judicial Ethics, Canon 3 (B)(7). This statement is based
14241 NE Woodinville-Duvall Road, Suite 382
12 on the following recently discovered facts:
MONAHAN TUCKER LAW, P.C.
13 1.) Judge Pardo’s wife, Sandra Pardo, sits on the Board of Directors of the Santa Rosa
Woodinville, WA 98072
(866) 823-8275
14 nonprofit Listening for a Change, which created, interviewed, filmed, and produced an
15 impact documentary about the 2017 firestorm and, using survivor narratives, focused on
16 themes of safety, zoning, and the climate crisis”. A true and correct copy of the Staff and
17 Board Member biographies listed on the Listening for a Change website as of October
18 21, 2023 is attached to the Verification of Melissa Long as Exhibit 1.
19 2.) Plaintiff’s fiancée, Melissa Long, is the Director of Community Engagement for
20 Listening for a Change. Ms. Long reports directly to the Board of Directors, including
21 Judge Pardo’s wife. See Exhibit 1.
22 3.) Ms. Long loaned Plaintiff $500,000 for the rebuild of his Property, where she also
23 resides.
24 4.) Ms. Long has lived at 2650 Amber Lane, the Property at issue in this litigation, since
25 2015, both before and after the Tubbs Fire, and is a percipient witness in this litigation.
26 5.) Ms. Pardo and Ms. Long work closely together to host fundraisers and community events
27 and have since Ms. Pardo joined the Board of Directors of Listening for a Change.
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PLAINTIFF GARY KOOP’S VERIFIED STMT OF DISQUALIFICATION
1 6.) Ms. Long was heavily involved in making the movie “Embers of Awakening” about the
2 Tubbs Fire, which featured Judge Pardo and his family. As part of her job as Director of
3 Community Engagement she interacted closely with the involved members of the Pardo
4 family in showing the film, hosting and participating in panels about the film, and
5 promoting the film.
6 7.) Judge Pardo is a prior board member and current member of the Advisory Committee of
7 Listening for a Change. He has been on numerous panels with Ms. Long over the past
8 two years, and they have engaged in multiple discussions about the Tubbs fire, the loss
9 of their homes, and their rebuilding efforts. See Exhibit 1.
10 8.) On September 30, 2023, Listening for a Change hosted a fundraiser, “A Night At The
11 Museum,” held at the Museum of Sonoma County. Both Judge Pardo and Gary Koop
14241 NE Woodinville-Duvall Road, Suite 382
12 volunteered at the fundraiser. The two men worked together from approximately 1:00
MONAHAN TUCKER LAW, P.C.
13 p.m. to 10:00 p.m. They first worked together setting up tables and the bar. From 5:45
Woodinville, WA 98072
(866) 823-8275
14 p.m. to 7:00 pm, Judge Pardo and Mr. Koop together tended the bar for the fundraiser in
15 a small space where they worked closely together. From 8:45 p.m. to approximately
16 10:00 p.m. they worked together to break down the bar setup and clean up after the event.
17 While bartending together, the two men discussed the loss of their homes in the Tubbs
18 Fire, the locations of those homes, the fact that they had rebuilt and were back in their
19 newly reconstructed homes, the effect of the fire on their children and families, the
20 difficulties each encountered in rebuilding and the length of time it took to rebuild. The
21 two men also discussed their romantic partners and the issues surrounding Mr. Koop’s
22 delay of his wedding to Ms. Long, Mr. Koop’s work as a flooring specialist, and the
23 colleges attended by his children and by Ms. Long’s children.
24 9.) Mr. Koop at all times wore a name tag stating his full name. When Judge Pardo asked
25 him to confirm his name, Plaintiff clarified, “It is Gary KOOP with a “K.””
26 10.) Mr. Koop and Judge Pardo posed for a photo of the two of them tending bar together
27 on September 30, 2023, a true and correct copy of which is attached to the Verification
28 from Gary Koop as Exhibit 2.
2
PLAINTIFF GARY KOOP’S VERIFIED STATEMENT OF DISQUALIFICATION
1 11.) On September 30, 2023, Plaintiff had a motion for summary judgment pending
2 before Judge Pardo on issues related to the Tubbs Fire and Plaintiff’s rebuild of his
3 Property.
4 12.) Plaintiff does not know whether, and therefore does not claim that, Judge Pardo is
5 actually biased or partial in this case, or if he knowingly engaged in ex parte
6 communications.
7 13.) Rather, a “person aware of the facts might reasonably entertain a doubt that the judge
8 would be able to be impartial.” (Code Civ. Proc. §§170.1(a)(6)(A)(iii). Here, Judge
9 Pardo and his family have significant personal and business connections with Plaintiff’s
10 fiancée. Judge Pardo spent several hours in conversation with Plaintiff, conversation that
11 encompassed the rebuild of their respective homes after the Tubbs Fire, at the same time
14241 NE Woodinville-Duvall Road, Suite 382
12 Judge Pardo was reviewing Plaintiff’s motion for summary judgment on that same issue.
MONAHAN TUCKER LAW, P.C.
13 Plaintiff believes there is a basis for doubt that Judge Pardo can be impartial. Plaintiff
Woodinville, WA 98072
(866) 823-8275
14 and Ms. Long fear that Judge Pardo may, without even realizing it, rule against them in
15 an attempt to demonstrate a lack of bias towards them. Ms. Long additionally cannot
16 perform her job with Judge Pardo assigned to the litigation, where her job requires her
17 to regularly interact with both Sandra Pardo and Judge Pardo.
18 14.) Plaintiff learned in November 2022 that a new judge had been assigned to his
19 litigation, but he did not know the name of that judge. Because Plaintiff has never been
20 in the courtroom for any hearing during the litigation, he did not have the opportunity to
21 recognize Judge Pardo and connect him to the Oscar Pardo he knew through Listening
22 for a Change. Melissa Long is not a party to the litigation and was never informed of the
23 name of the judge handling the litigation. Plaintiff first realized on October 21, 2023 that
24 Judge Pardo was the “Oscar Pardo” with whom he discussed his rebuilding efforts at the
25 September 30 fundraiser.
26 15.) Judge Pardo was at all times aware of Plaintiff’s name and address. The name of
27 Plaintiff’s fiancée Ms. Long was included in the evidence provided as part of the
28 summary judgment papers, filed in March 2023.
3
PLAINTIFF GARY KOOP’S VERIFIED STATEMENT OF DISQUALIFICATION
1 16.) Despite this information, Judge Pardo did not recuse himself from the litigation, even
2 after spending the evening with Plaintiff discussing his Property and details pertinent to
3 the case on September 30, while having before him in the Court Plaintiff’s motion for
4 summary judgment on the issues with the insurance for that same rebuild. This
5 conversation constitutes an improper ex-parte communication between Judge Pardo and
6 a party to this litigation.
7 17.) The California Code of Judicial Ethics, Canon 3 (B)(7), requires, “A judge shall not
8 initiate, permit, or consider ex parte communications, that is, any communications to or
9 from the judge outside the presence of the parties concerning a pending or impending
10 proceeding, and shall make reasonable efforts to avoid such communications….”
11 18.) Contemporaneously with the filing of this Verified Statement, Plaintiff has submitted
14241 NE Woodinville-Duvall Road, Suite 382
12 a letter to Judge Pardo explaining the circumstances of the ex parte communications and
MONAHAN TUCKER LAW, P.C.
13 the relationship that Judge Pardo and his family have with Melissa Long, and asking him
Woodinville, WA 98072
(866) 823-8275
14 to recuse himself on those bases.
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17 DATED: October 23, 2023 MONAHAN TUCKER LAW, P.C.
18
19 By: /s/Stacy M. Tucker
Stacy Monahan Tucker
20 Attorneys for Plaintiff,
GARY KOOP
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PLAINTIFF GARY KOOP’S VERIFIED STATEMENT OF DISQUALIFICATION
II
DocuSign Envelope ID: D0C2C432-ED09-4085-A4DA-60B4017A1183
1 VERIFICATION
2 I, Melissa Long, declare as follows:
3 1. I have been a resident of 2650 Amber Lane, Santa Rosa, California since 2015. I am
4 the committed partner of Gary Koop. I am the Director of Community Engagement for Listening
5 for a Change. I have personal knowledge of the foregoing facts. I certify that the facts attested to in
6 the foregoing statement of disqualification are true and correct.
7 2. A true and correct copy of the Staff and Board biography page on the Listening for
8 a Change website as of October 21, 2023, is attached as Exhibit 1.
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10 I declare under penalty of perjury under the laws of the State of California that the foregoing is true
11 and correct and this verification is executed on October 23, 2023 at Santa Rosa, California.
14241 NE Woodinville-Duvall Road, Suite 382
12
MONAHAN TUCKER LAW, P.C.
13
Woodinville, WA 98072
~ DocuSigned by:
(866) 823-8275
14 By:_________________________________________
L ~0642E
15 MELISSA LONG
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PLAINTIFF GARY KOOP’S VERIFIED STATEMENT OF DISQUALIFICATION
1
2 VERIFICATION
3 I, Gary Koop, declare as follows:
4 1. I am the Plaintiff in the above-captioned litigation. I have personal knowledge of the
5 foregoing facts. I certify that the facts attested to in the foregoing statement of disqualification are
6 true and correct.
7 2. Attached as Exhibit 2 to this statement is a true and correct copy of a photo for which
8 I posed with Judge Oscar Pardo while bartending with him on September 30, 2023.
9
10 I declare under penalty of perjury under the laws of the State of California that the foregoing is true
11 and correct and this verification is executed on October 22, 2023 at Santa Rosa, California.
14241 NE Woodinville-Duvall Road, Suite 382
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MONAHAN TUCKER LAW, P.C.
13
Woodinville, WA 98072
(866) 823-8275
14 By:_________________________________________
GaryKoop{Oct23,20231O:43POT)
15 GARY KOOP
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PLAINTIFF GARY KOOP’S VERIFIED STATEMENT OF DISQUALIFICATION
EXHIBIT 1
EXHIBIT 1
Welcome About Us Videos Support Us What We Do
• LISTENING FOR A CHANGE •
Staff/Board Bios Listening For A Change / About Us / Staff/Board Bios
Recent Stories
Board Members
Phyllis Rosenfield, M.A., Executive Director/President
Rosenfield is a founder and Executive Director/President of Listening for a Change. She has a
background in education, social science and fine arts, and has a masters in Equity & Social
Justice. She was the photographer and co-creator for “The Sonoma County Survivor Project”, and has served on
numerous boards and commissions, including Chair of the Sonoma County Commission on Human Rights and
President of the Sonoma County League of Women Voters.
Carla Hernandez Castillo, Chair
Carla Hernandez Castillo is a family law attorney in Sonoma County. She has been working in
the legal field since 2010, and was licensed as an attorney in 2013. She is a Board Member of
the Sonoma County Bar Association and Sonoma County Women in Law. While in law school
she interned at the Alameda County Family Law Facilitator’s office and participated in the Self Help Access
Center, providing free services to self-represented litigants.
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Ken Emery, Treasurer
After 29 years of teaching, Ken Emery is currently working at Maria Carrillo where he engages
students in the social sciences and discusses his love of travel. Ken has been the recipient of
two Fulbright Hayes summer seminars, one in India and the other in Egypt and Israel, and the
recipient of a Fulbright Memorial Fund travel/study scholarship in Japan. Aside from traveling, he
enjoys spending time working on his photography skills.
Michael Gillogly
Michael Gillogly has a long history of supporting progressive political movements, human rights,
anti-sexism and environmental justice. Michael moved to Sonoma County in 1994 to become the
Resident Biologist for the California Academy of Sciences at Pepperwood. As Pepperwood
expanded he transitioned to Preserve Manager and oversees restoration and maintenance
projects, directs field operations and coordinates with researchers. Michael has led eco-tourism trips in Alaska
and California and guides whitewater rafting expeditions throughout the western U.S. He lives at Pepperwood
with his wife where they raised their now adult son.
Daniel J. Lanahan, Vice-Chair
Daniel J. Lanahan is a local business law attorney. He is the former Assistant Dean of Empire
Law School. He previously directed the Sonoma County Small Claims Advisory Clinic which
provides free legal assistance to self-represented litigants. He presently serves as a board
member with Friends of Trione-Annadel State Park and previously served on the board of
directors of the Wednesday Night Market. Prior to law school he worked as a fundraiser for a local PBS station.
He is also a licensed real estate agent. Dan enjoys fly fishing, running, and traveling in his free time.
Sandra Pardo
Sandra Pardo is a Social Worker for the Adult & Aging Division, County of Sonoma for the past
16 years. She works with people 60 and older and helps identify resources and services that
allows them to live independently in their homes. Previously, she worked for Congresswoman
Lynn Woolsey and the late Senator John Vasconcellos, as Case Worker and District Director.
Born in Chicago, raised in Healdsburg and Geyserville, she is married & has three kids in college. She enjoys
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photography and traveling. She holds a B.A in Sociology and a B.A. in Latin American Studies from Sonoma
State University. Email (required) *
Richard Zweig
Richard Zweig has lived in Santa Rosa for forty years. He was the rheumatologist at Kaiser for First Name *
thirty three years, and now works at the Alliance clinic in Windsor. He is married to Dr. Loretta
Zweig with whom he has three sons and four grandchildren.
Last Name *
Staff Members
Melissa Long, Director of Community Engagement
Melissa Long worked as a trial attorney before moving to Hong Kong where she worked in the Yes, I would like 0
arts, first writing and editing for the Arts Festival, and then as Director of the Hong Kong updates!
Literary Festival. Since then she has been Executive Director of the Aspen Education
Foundation, and most recently, Director of Advancement at the Children’s Museum of Sonoma
County. She has served on several boards, and in her free time, tries to keep up with her children’s myriad □ I'm not a robot
activities.
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Evan Johnson, Videographer/Website/Social Media
Evan Johnson is a 20 year multimedia professional with stops along the way in public television
at The Community Media Center of Santa Rosa, C-Media and The Community Media Center of
By submitting this form, you are
Marin. As well as Broadcast coordination and video production for the City of Santa Rosa.
consenting to receive marketing
Studio production for Al-Jazeera affiliate AJ+. Jack-of-all-trade video credits in numerous non-profit and
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Advisory Committee http://www.listeningforachange.org.
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Les Adler Louise Bayles Fightmaster
Meg Alexander Patrick Grattan
Daphne Beletsis Lisa Hardin Stokes
Laura Blum Cynthia Hayashi
Erica Bosque Tamarya Hulme
Connie Codding Judith Richlin-Klonsky
Hillary Costin Naomi Metz
Liz Mullins
Victoria Mwangi
Lucinda Orth
Oscar Pardo
Kate Sater
Shanay Smith-Antenucci
Tamara Stanley
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Marcos Suarez
© Copyright 2023 Listening For A Change
EXHIBIT 2
EXHIBIT 2
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1
2 PROOF OF SERVICE
I, Carolyn Spencer, declare as follows:
3
I am employed in the County of Rohnert Park, State of California. I am over the age of 18
4 and not a party to the within action; my business address is 14241 NE Woodinville-Duvall Road,
Suite 382, Woodinville, WA 98072.
5
On October 23, 2023, I served the foregoing document described as PLAINTIFF GARY
6 KOOP’S VERIFIED STATEMENT OF DISQUALIFICATION in this action by serving a
true copy thereof addressed as follows:
7
Christopher R. Wagner, Esq. cwagner@grsm.com
8 David Jones, Esq. djones@grsm.com
Steven Inouye, Esq. sinouye@grsm.com
9 GORDON REES SCULLY MANSUKHANI, ilopez@grsm.com
LLP jodell@grsm.com
10 633 West Fifth Street, 52nd floor
Los Angeles, CA 90071
11 Attorneys for Defendant Fire Insurance
Exchange, dba Farmers Insurance
14241 NE Woodinville-Duvall Road, Suite 382
12 Group
MONAHAN TUCKER LAW, P.C.
13 Albert M. T. Finch, III, Esq. tfinch@fgppr.com
Woodinville, WA 98072
Jason Deng, Esq. jdeng@fgppr.com
(866) 823-8275
14 FORAN GLENNON kokasaki@fgppr.com
1741 Technology Drive, Suite 250
15 San Jose, CA 95110
Attorneys for Defendant Brian Hunsaker
16
Glenn R. Kantor gkantor@kantorlaw.net
17 Lisa S. Kantor lkantor@kantorlaw.net
Tim Rozelle trozelle@kantorlaw.net
18 KANTOR & KANTOR, LLP
19839 Nordhoff Street
19 Northridge, CA 91324 Co-Counsel for Plaintiff, Gary Koop
20
[X] BY E-MAIL SERVICE: I caused a copy of the document(s) to be sent from e-mail address
21 cspencer@kantorlaw.net to the persons at the e-mail addresses listed above. I did not receive,
within a reasonable time after the transmission, any electronic message or other indication that the
22 transmission was unsuccessful.
23
[x] STATE: I declare under penalty of perjury under the Laws of the State of California that the
24 foregoing is true and correct.
25
I declare under penalty of perjury under the laws of the State of California that the above is
26 true and correct. Executed on October 23, 2023, Rohnert Park, California.
27 /s/Carolyn Spencer
Carolyn Spencer
28
PLAINTIFF GARY KOOP’S VERIFIED STATEMENT OF DISQUALIFICATION
Preview
Stacy M. Tucker (SBN 218942) 1 smtucker@mtlawpc.com MONAHAN TUCKER LAW, PC 2 14241 NE Woodinville-Duvall Road Suite 382 3 Woodinville, WA 98072 T: (206) 486-3553 4 F: (206) 339-7155 5 Lisa S. Kantor (SBN 110678) lkantor@kantorlaw.net 6 KANTOR & KANTOR, LLP 19839 Nordhoff Street 7 Northridge, CA 91324 T: (818) 886-2525 8 F: (818) 350-6272 9 Attorneys for Plaintiff, Gary Koop 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 FOR THE COUNTY OF SONOMA 14241 NE Woodinville-Duvall Road, Suite 382 12 GARY KOOP, Case No. SCV-266944 MONAHAN TUCKER LAW, P.C. 13 Woodinville, WA 98072 Plaintiff, [Assigned to Hon. Oscar A. Pardo] (866) 823-8275 14 15 vs. VERIFIED STATEMENT OF DISQUALIFICATION RE HON. OSCAR 16 FIRE INSURANCE EXCHANGE, dba A. PARDO FARMERS INSURANCE GROUP, BRIAN 17 HUNSAKER, 18 Defendants. Date: ______, 2023 19 Time: 3:00 p.m. Dept.: 19 20 21 22 Action Filed: August 24, 2020 Trial Date: November 17, 2023 23 24 25 26 27 28 PLAINTIFF GARY KOOP’S VERIFIED STATEMENT OF DISQUALIFICATION 1 TO THE COURT, THE PARTIES AND THEIR COUNSEL OF RECORD: 2 Plaintiff Gary Koop hereby states that the Hon. Oscar A. Pardo is and should be disqualified 3 from presiding in this matter and that, per Code of Civil Procedure 170.4(c)(1), any orders or rulings 4 that he made after the grounds for disqualification stated below arose are void and shall be vacated. 5 This statement of disqualification is made on the grounds set forth in this verified statement and the 6 accompanying Memorandum of Points and Authorities. 7 In particular, disqualification is required because “a person aware of the facts might 8 reasonably entertain a doubt that the judge would be able to be impartial.” (Code. Civ. Proc. 9 §§170.1(a)(6)(A)(iii).) Additionally, Judge Pardo has engaged in ex parte communications with 10 Plaintiff, providing him information about Plaintiff’s rebuilding efforts at issue in this litigation, 11 which is prohibited by California Code of Judicial Ethics, Canon 3 (B)(7). This statement is based 14241 NE Woodinville-Duvall Road, Suite 382 12 on the following recently discovered facts: MONAHAN TUCKER LAW, P.C. 13 1.) Judge Pardo’s wife, Sandra Pardo, sits on the Board of Directors of the Santa Rosa Woodinville, WA 98072 (866) 823-8275 14 nonprofit Listening for a Change, which created, interviewed, filmed, and produced an 15 impact documentary about the 2017 firestorm and, using survivor narratives, focused on 16 themes of safety, zoning, and the climate crisis”. A true and correct copy of the Staff and 17 Board Member biographies listed on the Listening for a Change website as of October 18 21, 2023 is attached to the Verification of Melissa Long as Exhibit 1. 19 2.) Plaintiff’s fiancée, Melissa Long, is the Director of Community Engagement for 20 Listening for a Change. Ms. Long reports directly to the Board of Directors, including 21 Judge Pardo’s wife. See Exhibit 1. 22 3.) Ms. Long loaned Plaintiff $500,000 for the rebuild of his Property, where she also 23 resides. 24 4.) Ms. Long has lived at 2650 Amber Lane, the Property at issue in this litigation, since 25 2015, both before and after the Tubbs Fire, and is a percipient witness in this litigation. 26 5.) Ms. Pardo and Ms. Long work closely together to host fundraisers and community events 27 and have since Ms. Pardo joined the Board of Directors of Listening for a Change. 28 PLAINTIFF GARY KOOP’S VERIFIED STMT OF DISQUALIFICATION 1 6.) Ms. Long was heavily involved in making the movie “Embers of Awakening” about the 2 Tubbs Fire, which featured Judge Pardo and his family. As part of her job as Director of 3 Community Engagement she interacted closely with the involved members of the Pardo 4 family in showing the film, hosting and participating in panels about the film, and 5 promoting the film. 6 7.) Judge Pardo is a prior board member and current member of the Advisory Committee of 7 Listening for a Change. He has been on numerous panels with Ms. Long over the past 8 two years, and they have engaged in multiple discussions about the Tubbs fire, the loss 9 of their homes, and their rebuilding efforts. See Exhibit 1. 10 8.) On September 30, 2023, Listening for a Change hosted a fundraiser, “A Night At The 11 Museum,” held at the Museum of Sonoma County. Both Judge Pardo and Gary Koop 14241 NE Woodinville-Duvall Road, Suite 382 12 volunteered at the fundraiser. The two men worked together from approximately 1:00 MONAHAN TUCKER LAW, P.C. 13 p.m. to 10:00 p.m. They first worked together setting up tables and the bar. From 5:45 Woodinville, WA 98072 (866) 823-8275 14 p.m. to 7:00 pm, Judge Pardo and Mr. Koop together tended the bar for the fundraiser in 15 a small space where they worked closely together. From 8:45 p.m. to approximately 16 10:00 p.m. they worked together to break down the bar setup and clean up after the event. 17 While bartending together, the two men discussed the loss of their homes in the Tubbs 18 Fire, the locations of those homes, the fact that they had rebuilt and were back in their 19 newly reconstructed homes, the effect of the fire on their children and families, the 20 difficulties each encountered in rebuilding and the length of time it took to rebuild. The 21 two men also discussed their romantic partners and the issues surrounding Mr. Koop’s 22 delay of his wedding to Ms. Long, Mr. Koop’s work as a flooring specialist, and the 23 colleges attended by his children and by Ms. Long’s children. 24 9.) Mr. Koop at all times wore a name tag stating his full name. When Judge Pardo asked 25 him to confirm his name, Plaintiff clarified, “It is Gary KOOP with a “K.”” 26 10.) Mr. Koop and Judge Pardo posed for a photo of the two of them tending bar together 27 on September 30, 2023, a true and correct copy of which is attached to the Verification 28 from Gary Koop as Exhibit 2. 2 PLAINTIFF GARY KOOP’S VERIFIED STATEMENT OF DISQUALIFICATION 1 11.) On September 30, 2023, Plaintiff had a motion for summary judgment pending 2 before Judge Pardo on issues related to the Tubbs Fire and Plaintiff’s rebuild of his 3 Property. 4 12.) Plaintiff does not know whether, and therefore does not claim that, Judge Pardo is 5 actually biased or partial in this case, or if he knowingly engaged in ex parte 6 communications. 7 13.) Rather, a “person aware of the facts might reasonably entertain a doubt that the judge 8 would be able to be impartial.” (Code Civ. Proc. §§170.1(a)(6)(A)(iii). Here, Judge 9 Pardo and his family have significant personal and business connections with Plaintiff’s 10 fiancée. Judge Pardo spent several hours in conversation with Plaintiff, conversation that 11 encompassed the rebuild of their respective homes after the Tubbs Fire, at the same time 14241 NE Woodinville-Duvall Road, Suite 382 12 Judge Pardo was reviewing Plaintiff’s motion for summary judgment on that same issue. MONAHAN TUCKER LAW, P.C. 13 Plaintiff believes there is a basis for doubt that Judge Pardo can be impartial. Plaintiff Woodinville, WA 98072 (866) 823-8275 14 and Ms. Long fear that Judge Pardo may, without even realizing it, rule against them in 15 an attempt to demonstrate a lack of bias towards them. Ms. Long additionally cannot 16 perform her job with Judge Pardo assigned to the litigation, where her job requires her 17 to regularly interact with both Sandra Pardo and Judge Pardo. 18 14.) Plaintiff learned in November 2022 that a new judge had been assigned to his 19 litigation, but he did not know the name of that judge. Because Plaintiff has never been 20 in the courtroom for any hearing during the litigation, he did not have the opportunity to 21 recognize Judge Pardo and connect him to the Oscar Pardo he knew through Listening 22 for a Change. Melissa Long is not a party to the litigation and was never informed of the 23 name of the judge handling the litigation. Plaintiff first realized on October 21, 2023 that 24 Judge Pardo was the “Oscar Pardo” with whom he discussed his rebuilding efforts at the 25 September 30 fundraiser. 26 15.) Judge Pardo was at all times aware of Plaintiff’s name and address. The name of 27 Plaintiff’s fiancée Ms. Long was included in the evidence provided as part of the 28 summary judgment papers, filed in March 2023. 3 PLAINTIFF GARY KOOP’S VERIFIED STATEMENT OF DISQUALIFICATION 1 16.) Despite this information, Judge Pardo did not recuse himself from the litigation, even 2 after spending the evening with Plaintiff discussing his Property and details pertinent to 3 the case on September 30, while having before him in the Court Plaintiff’s motion for 4 summary judgment on the issues with the insurance for that same rebuild. This 5 conversation constitutes an improper ex-parte communication between Judge Pardo and 6 a party to this litigation. 7 17.) The California Code of Judicial Ethics, Canon 3 (B)(7), requires, “A judge shall not 8 initiate, permit, or consider ex parte communications, that is, any communications to or 9 from the judge outside the presence of the parties concerning a pending or impending 10 proceeding, and shall make reasonable efforts to avoid such communications….” 11 18.) Contemporaneously with the filing of this Verified Statement, Plaintiff has submitted 14241 NE Woodinville-Duvall Road, Suite 382 12 a letter to Judge Pardo explaining the circumstances of the ex parte communications and MONAHAN TUCKER LAW, P.C. 13 the relationship that Judge Pardo and his family have with Melissa Long, and asking him Woodinville, WA 98072 (866) 823-8275 14 to recuse himself on those bases. 15 16 17 DATED: October 23, 2023 MONAHAN TUCKER LAW, P.C. 18 19 By: /s/Stacy M. Tucker Stacy Monahan Tucker 20 Attorneys for Plaintiff, GARY KOOP 21 22 23 24 25 26 27 28 4 PLAINTIFF GARY KOOP’S VERIFIED STATEMENT OF DISQUALIFICATION II DocuSign Envelope ID: D0C2C432-ED09-4085-A4DA-60B4017A1183 1 VERIFICATION 2 I, Melissa Long, declare as follows: 3 1. I have been a resident of 2650 Amber Lane, Santa Rosa, California since 2015. I am 4 the committed partner of Gary Koop. I am the Director of Community Engagement for Listening 5 for a Change. I have personal knowledge of the foregoing facts. I certify that the facts attested to in 6 the foregoing statement of disqualification are true and correct. 7 2. A true and correct copy of the Staff and Board biography page on the Listening for 8 a Change website as of October 21, 2023, is attached as Exhibit 1. 9 10 I declare under penalty of perjury under the laws of the State of California that the foregoing is true 11 and correct and this verification is executed on October 23, 2023 at Santa Rosa, California. 14241 NE Woodinville-Duvall Road, Suite 382 12 MONAHAN TUCKER LAW, P.C. 13 Woodinville, WA 98072 ~ DocuSigned by: (866) 823-8275 14 By:_________________________________________ L ~0642E 15 MELISSA LONG 16 17 18 19 20 21 22 23 24 25 26 27 28 PLAINTIFF GARY KOOP’S VERIFIED STATEMENT OF DISQUALIFICATION 1 2 VERIFICATION 3 I, Gary Koop, declare as follows: 4 1. I am the Plaintiff in the above-captioned litigation. I have personal knowledge of the 5 foregoing facts. I certify that the facts attested to in the foregoing statement of disqualification are 6 true and correct. 7 2. Attached as Exhibit 2 to this statement is a true and correct copy of a photo for which 8 I posed with Judge Oscar Pardo while bartending with him on September 30, 2023. 9 10 I declare under penalty of perjury under the laws of the State of California that the foregoing is true 11 and correct and this verification is executed on October 22, 2023 at Santa Rosa, California. 14241 NE Woodinville-Duvall Road, Suite 382 12 MONAHAN TUCKER LAW, P.C. 13 Woodinville, WA 98072 (866) 823-8275 14 By:_________________________________________ GaryKoop{Oct23,20231O:43POT) 15 GARY KOOP 16 17 18 19 20 21 22 23 24 25 26 27 28 PLAINTIFF GARY KOOP’S VERIFIED STATEMENT OF DISQUALIFICATION EXHIBIT 1 EXHIBIT 1 Welcome About Us Videos Support Us What We Do • LISTENING FOR A CHANGE • Staff/Board Bios Listening For A Change / About Us / Staff/Board Bios Recent Stories Board Members Phyllis Rosenfield, M.A., Executive Director/President Rosenfield is a founder and Executive Director/President of Listening for a Change. She has a background in education, social science and fine arts, and has a masters in Equity & Social Justice. She was the photographer and co-creator for “The Sonoma County Survivor Project”, and has served on numerous boards and commissions, including Chair of the Sonoma County Commission on Human Rights and President of the Sonoma County League of Women Voters. Carla Hernandez Castillo, Chair Carla Hernandez Castillo is a family law attorney in Sonoma County. She has been working in the legal field since 2010, and was licensed as an attorney in 2013. She is a Board Member of the Sonoma County Bar Association and Sonoma County Women in Law. While in law school she interned at the Alameda County Family Law Facilitator’s office and participated in the Self Help Access Center, providing free services to self-represented litigants. Stay Informed Ken Emery, Treasurer After 29 years of teaching, Ken Emery is currently working at Maria Carrillo where he engages students in the social sciences and discusses his love of travel. Ken has been the recipient of two Fulbright Hayes summer seminars, one in India and the other in Egypt and Israel, and the recipient of a Fulbright Memorial Fund travel/study scholarship in Japan. Aside from traveling, he enjoys spending time working on his photography skills. Michael Gillogly Michael Gillogly has a long history of supporting progressive political movements, human rights, anti-sexism and environmental justice. Michael moved to Sonoma County in 1994 to become the Resident Biologist for the California Academy of Sciences at Pepperwood. As Pepperwood expanded he transitioned to Preserve Manager and oversees restoration and maintenance projects, directs field operations and coordinates with researchers. Michael has led eco-tourism trips in Alaska and California and guides whitewater rafting expeditions throughout the western U.S. He lives at Pepperwood with his wife where they raised their now adult son. Daniel J. Lanahan, Vice-Chair Daniel J. Lanahan is a local business law attorney. He is the former Assistant Dean of Empire Law School. He previously directed the Sonoma County Small Claims Advisory Clinic which provides free legal assistance to self-represented litigants. He presently serves as a board member with Friends of Trione-Annadel State Park and previously served on the board of directors of the Wednesday Night Market. Prior to law school he worked as a fundraiser for a local PBS station. He is also a licensed real estate agent. Dan enjoys fly fishing, running, and traveling in his free time. Sandra Pardo Sandra Pardo is a Social Worker for the Adult & Aging Division, County of Sonoma for the past 16 years. She works with people 60 and older and helps identify resources and services that allows them to live independently in their homes. Previously, she worked for Congresswoman Lynn Woolsey and the late Senator John Vasconcellos, as Case Worker and District Director. Born in Chicago, raised in Healdsburg and Geyserville, she is married & has three kids in college. She enjoys Enter your Infotext or Widgets here... photography and traveling. She holds a B.A in Sociology and a B.A. in Latin American Studies from Sonoma State University. Email (required) * Richard Zweig Richard Zweig has lived in Santa Rosa for forty years. He was the rheumatologist at Kaiser for First Name * thirty three years, and now works at the Alliance clinic in Windsor. He is married to Dr. Loretta Zweig with whom he has three sons and four grandchildren. Last Name * Staff Members Melissa Long, Director of Community Engagement Melissa Long worked as a trial attorney before moving to Hong Kong where she worked in the Yes, I would like 0 arts, first writing and editing for the Arts Festival, and then as Director of the Hong Kong updates! Literary Festival. Since then she has been Executive Director of the Aspen Education Foundation, and most recently, Director of Advancement at the Children’s Museum of Sonoma County. She has served on several boards, and in her free time, tries to keep up with her children’s myriad □ I'm not a robot activities. Sign up Evan Johnson, Videographer/Website/Social Media Evan Johnson is a 20 year multimedia professional with stops along the way in public television at The Community Media Center of Santa Rosa, C-Media and The Community Media Center of By submitting this form, you are Marin. As well as Broadcast coordination and video production for the City of Santa Rosa. consenting to receive marketing Studio production for Al-Jazeera affiliate AJ+. Jack-of-all-trade video credits in numerous non-profit and emails from: Listening For A company productions. Change, 703 2nd Street, Suite 257, Santa Rosa, CA 95404, Advisory Committee http://www.listeningforachange.org. You can revoke your consent to receive emails at any time by using Noel Adams Pamela Devlin the SafeUnsubscribe® link, found at the bottom of every email. Les Adler Louise Bayles Fightmaster Meg Alexander Patrick Grattan Daphne Beletsis Lisa Hardin Stokes Laura Blum Cynthia Hayashi Erica Bosque Tamarya Hulme Connie Codding Judith Richlin-Klonsky Hillary Costin Naomi Metz Liz Mullins Victoria Mwangi Lucinda Orth Oscar Pardo Kate Sater Shanay Smith-Antenucci Tamara Stanley Enter your Infotext or Widgets here... Marcos Suarez © Copyright 2023 Listening For A Change EXHIBIT 2 EXHIBIT 2 ~; Taneike L ~ tnvites yot the tens of auma wove ; and the d for the,r b 3.tive quaHt ,ly diffe•rent k are conne to their crea provide a vi nd hea"ng po notions inspire experience. ted has been genero rnrnuriitY Foundation Kahn: Estelle Rogers 1m, Encl(son fine Art aarrY Feiner; Kelly-M ·s. satri pencal<, Al Lon 1sc staff, and O ic 1 2 PROOF OF SERVICE I, Carolyn Spencer, declare as follows: 3 I am employed in the County of Rohnert Park, State of California. I am over the age of 18 4 and not a party to the within action; my business address is 14241 NE Woodinville-Duvall Road, Suite 382, Woodinville, WA 98072. 5 On October 23, 2023, I served the foregoing document described as PLAINTIFF GARY 6 KOOP’S VERIFIED STATEMENT OF DISQUALIFICATION in this action by serving a true copy thereof addressed as follows: 7 Christopher R. Wagner, Esq. cwagner@grsm.com 8 David Jones, Esq. djones@grsm.com Steven Inouye, Esq. sinouye@grsm.com 9 GORDON REES SCULLY MANSUKHANI, ilopez@grsm.com LLP jodell@grsm.com 10 633 West Fifth Street, 52nd floor Los Angeles, CA 90071 11 Attorneys for Defendant Fire Insurance Exchange, dba Farmers Insurance 14241 NE Woodinville-Duvall Road, Suite 382 12 Group MONAHAN TUCKER LAW, P.C. 13 Albert M. T. Finch, III, Esq. tfinch@fgppr.com Woodinville, WA 98072 Jason Deng, Esq. jdeng@fgppr.com (866) 823-8275 14 FORAN GLENNON kokasaki@fgppr.com 1741 Technology Drive, Suite 250 15 San Jose, CA 95110 Attorneys for Defendant Brian Hunsaker 16 Glenn R. Kantor gkantor@kantorlaw.net 17 Lisa S. Kantor lkantor@kantorlaw.net Tim Rozelle trozelle@kantorlaw.net 18 KANTOR & KANTOR, LLP 19839 Nordhoff Street 19 Northridge, CA 91324 Co-Counsel for Plaintiff, Gary Koop 20 [X] BY E-MAIL SERVICE: I caused a copy of the document(s) to be sent from e-mail address 21 cspencer@kantorlaw.net to the persons at the e-mail addresses listed above. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the 22 transmission was unsuccessful. 23 [x] STATE: I declare under penalty of perjury under the Laws of the State of California that the 24 foregoing is true and correct. 25 I declare under penalty of perjury under the laws of the State of California that the above is 26 true and correct. Executed on October 23, 2023, Rohnert Park, California. 27 /s/Carolyn Spencer Carolyn Spencer 28 PLAINTIFF GARY KOOP’S VERIFIED STATEMENT OF DISQUALIFICATION