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1 Stacy M. Tucker (SBN 218942)
smtucker@mtlawpc.com
2 MONAHAN TUCKER LAW P.C.
14121 Woodinville-Duvall Road
3 Suite 382
Woodinville, Washington
4 Telephone: (206) 486-3553
5 Attorneys for Plaintiff
GARY KOOP
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF SONOMA
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GARY KOOP
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CASE NO. SCV-266944
Plaintiffs,
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vs. STIPULATION TO CONTINUE TRIAL
14 DATE, AND [PROPOSED] ORDER
FIRE INSURANCE EXCHANGE dba
15 FARMERS INSURANCE GROUP; BRIAN
HUNSAKER
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Defendants.
Action filed: August 24, 2020
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Amended Complaint filed: January 6, 2021
Trial date: November 17, 2023
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21 1. RECITALS
22 A. This dispute arises out of Plaintiff Gary Koop’s (“Plaintiff”) loss of his home in the Tubbs
23 Fire on or about October 10, 2017. Plaintiff claims he was underinsured as a result of
24 conduct of the Defendants, Fire Insurance Exchange (“Farmers”) and Farmers insurance
25 agent Brian Hunsaker.
26 B. The trial date of this matter has been continued four times before: from April 8, 2022 to
27 October 21, 2022 for COVID-related trial delays; from October 21, 2022 to February 24,
28 2023 for Defendant Brian Hunsaker’s medical emergency and surgery and recovery,
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STIPULATION TO CONTINUE TRIAL DATE, AND [PROPOSED] ORDER
1 among other causes; from February 24, 2023 to June 30, 2023 to accommodate the
2 parties’ February mediation; and from June 30, 2023 to November 17, 2023 to enable the
3 Court to hear the timely filed motions for summary judgment before the trial date as
4 required by statute.
5 C. On October 27, 2023, Judge Pardo recused himself from this action with motions for
6 summary judgment, and a motion for bifurcation, pending before the Court. On November
7 1, 2023, the litigation was assigned to Judge DeMeo, who has scheduled all pending
8 motions to be heard on January 31, 2024.
9 D. Counsel have agreed that the trial date should be further continued given the hearing dates
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selected by the Court for Plaintiff’s Motions for Summary Judgment/ Summary
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Adjudication against Defendants Fire and Brian Hunsaker, as well as Defendants’ Motion
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to Bifurcate. The continuance will allow the hearings of the motions for summary
judgments to complete in the statutorily required time period prior to the trial date.
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Counsel have also agreed to delay taking expert depositions given the continuance.
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16 2. STIPULATION
17 Now, therefore, THE PARTIES STIPULATE, AGREE, REQUEST, AND SUBMIT
18 THAT GOOD CAUSE EXISTS to the following:
19 1. Subject to the Court’s approval, the Court shall continue the trial date currently set for
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November 17, 2023 at 8:30 AM in Courtroom 17 before the Honorable Bradford DeMeo
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to March 29, 2024 at 8:30 AM or shortly thereafter in Courtroom 17.
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2. All pre-trial deadlines for the parties to file and serve trial documents shall track with the
new trial date.
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3. The deadline for completing expert depositions shall track with the new trial date.
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4. The Defendants have not agreed to reopen or extend the expert disclosure deadline or any
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other discovery deadlines which have lapsed. Plaintiff reserves his right to file motions
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with the Court on this issue.
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STIPULATION TO CONTINUE TRIAL DATE, AND [PROPOSED] ORDER
1 IT IS SO STIPULATED:
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6 Dated: November 3, 2023 MONAHAN TUCKER LAW P.C,
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s/Stacy Monahan Tucker
8 Stacy M. Tucker, ESQ.
Attorneys for Plaintiff GARY KOOP
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10 Dated: November 3, 2023 GORDON REES SCULLY
MANSUKHANI, LLP
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12 s/Steven Inouye
David L. Jones, ESQ.
13 Steven Inouye, ESQ
Attorneys for Defendant FIRE INSURANCE
14 EXCHANGE dba FARMERS INSURANCE
GROUP
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Dated: November 3, 2023 FORAN GLENNON
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17 s/Albert M. T. Finch
Albert M. T. Finch III, ESQ.
18 Jason Deng, ESQ.
Attorneys for Defendant BRIAN
19 HUNSAKER
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STIPULATION TO CONTINUE TRIAL DATE, AND [PROPOSED] ORDER
1 [PROPOSED] ORDER
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Based on the stipulation of the parties and GOOD CAUSE APPEARING:
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The trial date is hereby extended to March 29, 2024. All pre-trial deadlines for the parties
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to file and serve trial documents shall track with the new trial date. The deadline for completing
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expert depositions shall track with the new trial date. The expert disclosure deadline is not
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reopened or extended by the new trial date. Apart from the deadline to take expert depositions,
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no other discovery deadlines which have lapsed are reopened or extended by this Order.
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IT IS SO ORDERED.
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13 DATED:________________________ _____________________________
SUPERIOR COURT JUDGE
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STIPULATION TO CONTINUE TRIAL DATE, AND [PROPOSED] ORDER
1 PROOF OF SERVICE
2 I, Carolyn Spencer, declare as follows:
3 I am employed in the County of Los Angeles, State of California. I am over the age of 18
and not a party to the within action; my business address is 19839 Nordhoff Street, Northridge,
4
CA 91324.
5 On November 3, 2023, I served the foregoing document described as STIPULATION
TO CONTINUE TRIAL DATE, AND [PROPOSED] ORDER in this action by serving a true
6 copy thereof addressed as follows:
7
Christopher R. Wagner, Esq. cwagner@grsm.com
8 Margaret M. Drugan, Esq. djones@grsm.com
David Jones, Esq. mdrugan@grsm.com
9 GORDON REES SCULLY MANSUKHANI, LLP ilopez@grsm.com (assistant)
jodell@grsm.com (assistant)
10
633 West Fifth Street, 52nd floor
Los Angeles, CA 90071
11 Attorneys for Defendant Fire Insurance
Exchange, dba Farmers Insurance
12 Group
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Albert M. T. Finch, III, Esq. tfinch@fgppr.com
Jason Deng, Esq. jdeng@fgppr.com
14
FORAN GLENNON kokasaki@fgppr.com (assistant)
15 1741 Technology Drive, Suite 250
San Jose, CA 95110
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Attorneys for Defendant Brian Hunsaker
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18 [X] BY E-MAIL SERVICE: I caused a copy of the document(s) to be sent from e-mail address
cspencer@kantorlaw.net to the persons at the e-mail addresses listed above. I did not receive,
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within a reasonable time after the transmission, any electronic message or other indication that the
20 transmission was unsuccessful.
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[x] STATE: I declare under penalty of perjury under the Laws of the State of California that the
22 foregoing is true and correct.
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I declare under penalty of perjury under the laws of the State of California that the above
24 is true and correct. Executed on November 3, 2023, Rohnert Park, California.
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/s/Carolyn Spencer
26 Carolyn Spencer
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STIPULATION TO CONTINUE TRIAL DATE, AND [PROPOSED] ORDER
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1 Stacy M. Tucker (SBN 218942) smtucker@mtlawpc.com 2 MONAHAN TUCKER LAW P.C. 14121 Woodinville-Duvall Road 3 Suite 382 Woodinville, Washington 4 Telephone: (206) 486-3553 5 Attorneys for Plaintiff GARY KOOP 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SONOMA 10 11 GARY KOOP 12 CASE NO. SCV-266944 Plaintiffs, 13 vs. STIPULATION TO CONTINUE TRIAL 14 DATE, AND [PROPOSED] ORDER FIRE INSURANCE EXCHANGE dba 15 FARMERS INSURANCE GROUP; BRIAN HUNSAKER 16 17 Defendants. Action filed: August 24, 2020 18 Amended Complaint filed: January 6, 2021 Trial date: November 17, 2023 19 20 21 1. RECITALS 22 A. This dispute arises out of Plaintiff Gary Koop’s (“Plaintiff”) loss of his home in the Tubbs 23 Fire on or about October 10, 2017. Plaintiff claims he was underinsured as a result of 24 conduct of the Defendants, Fire Insurance Exchange (“Farmers”) and Farmers insurance 25 agent Brian Hunsaker. 26 B. The trial date of this matter has been continued four times before: from April 8, 2022 to 27 October 21, 2022 for COVID-related trial delays; from October 21, 2022 to February 24, 28 2023 for Defendant Brian Hunsaker’s medical emergency and surgery and recovery, -1- STIPULATION TO CONTINUE TRIAL DATE, AND [PROPOSED] ORDER 1 among other causes; from February 24, 2023 to June 30, 2023 to accommodate the 2 parties’ February mediation; and from June 30, 2023 to November 17, 2023 to enable the 3 Court to hear the timely filed motions for summary judgment before the trial date as 4 required by statute. 5 C. On October 27, 2023, Judge Pardo recused himself from this action with motions for 6 summary judgment, and a motion for bifurcation, pending before the Court. On November 7 1, 2023, the litigation was assigned to Judge DeMeo, who has scheduled all pending 8 motions to be heard on January 31, 2024. 9 D. Counsel have agreed that the trial date should be further continued given the hearing dates 10 selected by the Court for Plaintiff’s Motions for Summary Judgment/ Summary 11 Adjudication against Defendants Fire and Brian Hunsaker, as well as Defendants’ Motion 12 to Bifurcate. The continuance will allow the hearings of the motions for summary judgments to complete in the statutorily required time period prior to the trial date. 13 Counsel have also agreed to delay taking expert depositions given the continuance. 14 15 16 2. STIPULATION 17 Now, therefore, THE PARTIES STIPULATE, AGREE, REQUEST, AND SUBMIT 18 THAT GOOD CAUSE EXISTS to the following: 19 1. Subject to the Court’s approval, the Court shall continue the trial date currently set for 20 November 17, 2023 at 8:30 AM in Courtroom 17 before the Honorable Bradford DeMeo 21 to March 29, 2024 at 8:30 AM or shortly thereafter in Courtroom 17. 22 2. All pre-trial deadlines for the parties to file and serve trial documents shall track with the new trial date. 23 3. The deadline for completing expert depositions shall track with the new trial date. 24 4. The Defendants have not agreed to reopen or extend the expert disclosure deadline or any 25 other discovery deadlines which have lapsed. Plaintiff reserves his right to file motions 26 with the Court on this issue. 27 28 -2- STIPULATION TO CONTINUE TRIAL DATE, AND [PROPOSED] ORDER 1 IT IS SO STIPULATED: 2 3 4 5 6 Dated: November 3, 2023 MONAHAN TUCKER LAW P.C, 7 s/Stacy Monahan Tucker 8 Stacy M. Tucker, ESQ. Attorneys for Plaintiff GARY KOOP 9 10 Dated: November 3, 2023 GORDON REES SCULLY MANSUKHANI, LLP 11 12 s/Steven Inouye David L. Jones, ESQ. 13 Steven Inouye, ESQ Attorneys for Defendant FIRE INSURANCE 14 EXCHANGE dba FARMERS INSURANCE GROUP 15 Dated: November 3, 2023 FORAN GLENNON 16 17 s/Albert M. T. Finch Albert M. T. Finch III, ESQ. 18 Jason Deng, ESQ. Attorneys for Defendant BRIAN 19 HUNSAKER 20 21 22 23 24 25 26 27 28 -3- STIPULATION TO CONTINUE TRIAL DATE, AND [PROPOSED] ORDER 1 [PROPOSED] ORDER 2 Based on the stipulation of the parties and GOOD CAUSE APPEARING: 3 The trial date is hereby extended to March 29, 2024. All pre-trial deadlines for the parties 4 to file and serve trial documents shall track with the new trial date. The deadline for completing 5 expert depositions shall track with the new trial date. The expert disclosure deadline is not 6 reopened or extended by the new trial date. Apart from the deadline to take expert depositions, 7 no other discovery deadlines which have lapsed are reopened or extended by this Order. 8 9 10 IT IS SO ORDERED. 11 12 13 DATED:________________________ _____________________________ SUPERIOR COURT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- STIPULATION TO CONTINUE TRIAL DATE, AND [PROPOSED] ORDER 1 PROOF OF SERVICE 2 I, Carolyn Spencer, declare as follows: 3 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 19839 Nordhoff Street, Northridge, 4 CA 91324. 5 On November 3, 2023, I served the foregoing document described as STIPULATION TO CONTINUE TRIAL DATE, AND [PROPOSED] ORDER in this action by serving a true 6 copy thereof addressed as follows: 7 Christopher R. Wagner, Esq. cwagner@grsm.com 8 Margaret M. Drugan, Esq. djones@grsm.com David Jones, Esq. mdrugan@grsm.com 9 GORDON REES SCULLY MANSUKHANI, LLP ilopez@grsm.com (assistant) jodell@grsm.com (assistant) 10 633 West Fifth Street, 52nd floor Los Angeles, CA 90071 11 Attorneys for Defendant Fire Insurance Exchange, dba Farmers Insurance 12 Group 13 Albert M. T. Finch, III, Esq. tfinch@fgppr.com Jason Deng, Esq. jdeng@fgppr.com 14 FORAN GLENNON kokasaki@fgppr.com (assistant) 15 1741 Technology Drive, Suite 250 San Jose, CA 95110 16 Attorneys for Defendant Brian Hunsaker 17 18 [X] BY E-MAIL SERVICE: I caused a copy of the document(s) to be sent from e-mail address cspencer@kantorlaw.net to the persons at the e-mail addresses listed above. I did not receive, 19 within a reasonable time after the transmission, any electronic message or other indication that the 20 transmission was unsuccessful. 21 [x] STATE: I declare under penalty of perjury under the Laws of the State of California that the 22 foregoing is true and correct. 23 I declare under penalty of perjury under the laws of the State of California that the above 24 is true and correct. Executed on November 3, 2023, Rohnert Park, California. 25 /s/Carolyn Spencer 26 Carolyn Spencer 27 28 -5- STIPULATION TO CONTINUE TRIAL DATE, AND [PROPOSED] ORDER