Document for RMB REAL ESTATE INVESTMENTS 2,LLC vs CALIFORNIA CAPITAL INSURANCE COMPANY

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                                Russell F. Rowen, SBN 058178
Darin T. Judd, SBN 160475
Eric D. McFarland, SBN 214245
David Truong, SBN 306830
THOMPSON, WELCH, SOROKO & GILBERT LLP
3950 Civic Center Drive, Suite 300
San Rafael, CA 94903
Telephone: (415)448-5000
Facsimile:    (415)448-5010
Email: rrowen@twsglaw.com
Email: eric@twsglaw.com
Email: david@twsglaw.com

Attorneys for Plaintiff
RMB REAL ESTATE INVESTMENTS 2,LLC

                  SUPERIOR COURT OF THE STATE OF CALIFORNIA

                                 COUNTY OF'SONOMA


RMB REAL ESTATE INVESTMENTS 2,LLC,        Case   No. SCV267840
a California limited liability company,

                   Plaintiff,             PLAINTIFF' RMB REAL ESTATE
                                          INVESTMENTS 2, LLC PROPOSED
                       v.                 SPECIAL JURY INSTRUCTION

CALIFORNIA CAPITAL INSURANCE              Date:November 17,2023
COMPANY and DOES l-7,
                                          Time:8:30am
                   Defendants.
                                          Department: 17




                                 -l-
PLAINTIF'F RMB REAL ESTATE INVESTMENTS z,LLC PROPOSED SPECIAL JURY
                            INSTRUCTION
SPECIAL #1
The plaintiffis entitled to be paid for any loss arising from any increased period to be paid for
any loss arising from any increased period required to repair or reconstruct the property to
comply with the minimum standards of any ordinance or law, in force at any time of the loss, that
regulates the construction or repair, or requires the tearing down of any property no matter how
long it takes to complete the rebuild.



Insurance policy; Judge DeMeo's Statement of Decision dated December     l, 2021
     SPECIAL #2

     Section 26-82-040 of the Sonoma County Code of Ordinances sets forth the authority of the

County of Sonoma to determine the requirements for the approval of building permits, zoning

permits and land use.




       Subsection (a) is tilted Con-rpliance and states as follows:

       No building permit, zoning permil nor land use approval shall be issued in any zoning

       district v,here this article is applicable until the preliminary aqsJfinal development

       plun(s) have been approved by the planning director rtr other applicable decision

       ntaking body. The planning departntent shall not authorize.final builtiing inspection or

       any level o.f occttpancy   o.;f   the building(s) until satis"fied that: all on-site improvements

       shown on lhe grading and ulility drav,ings are installed or bonded.for in accordance

       v,ith the sile plan approt ed by the design review committee: the buildings are

       constrtrcted in accordctnce v,ith the illustrative building elevation drav,ings, material

       samples and color samples approved by the design review committee; the landscaping

       and lcrndscape irrigation $tstem cu'e installed or bonded.for in accordance u,ith the

       drav,ings approved by the design reviev, board and that all conditions of'approval are

       mel.
SPECIAL #3

    Section 26-82-040 of the Sonoma County Code of Ordinances sets forth the authority of the

County of Sonoma to determine the requirements for the approval of building permits, zoning

permits and land use.

       Subsection (a) is tilted Compliance and states as follows:

       No building permit, zoning perntit nor land use approval shall be issued in any zoning

       district where this article is applicable unlil the prelintinury and.final development

       plan(s) have been approved by the planning director or other crpplicable decision

       rnaking body. The planning department shall not authorize Jinal building inspection or

       any level of occupancy of the building(s) until satis.fied that: all on-site improvement,s

       shou,n on the grading and   utilily dyavtings are ins{alled or bonded.for in accordance

       v,ith the site plan approved by the design reviev, committee; the buildings   cu'e


       constructed in accordance with the illustra.tive Sv;16inf elet:ation drawings, material

       scrmples und   color samples approved by the design reviev, committee ; the landscaping

       and landscape inigation system are installed or bonded       for in accordance with the

        clrawings approved by the design review board and that all conditions o.f approt,al qre

        ntel
SPECIAL #4
        The insurance company is not entitled to claim any defense to the plaintiff's claim for the
increased period of restoration which is not in its August 7 ,2020 letter.



Cal. Code Regs. Tit. 10, section 2695.7