Preview
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: darin@twsglaw.com
Email: eric@twsglaw.com
Email: david@twsglaw.com
Attorneys for Plaintiff
RMB REAL ESTATE INVESTMENTS 2, LLC
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 COUNTY OF SONOMA
12
RMB REAL ESTATE INVESTMENTS 2, LLC, Case No. SCV267840
13 a California limited liability company,
14 Plaintiff, DECLARATION OF DARIN T. JUDD IN
SUPPORT OF MOTION FOR AWARD OF
15 Vv. PREJUDGMENT INTEREST
16 CALIFORNIA CAPITAL INSURANCE Date:
COMPANY and DOES 1-7,
17 Time: 8:30am
Defendants.
18 Department: 17
19
20
I, Darin T. Judd, declare:
21
1 I am an attorney licensed to practice law in the above-captioned court. I am a partner
22
with Thompson Welch Soroko & Gilbert LLP, and one of the attorneys of record for Plaintiff RMB
23
REAL ESTATE INVESTMENTS 2, LLC in this case. I make this declaration of my own personal
24
knowledge. If called as a witness in this matter, I would and could testify to the truth of the following
25
statements.
26
2. The verdicts in this case are attached hereto as Exhibit A.
27
3 In this case, the real data to calculate the lost income was provided by plaintiff to the
28
Case No. SCV267840 1
DECLARATION OF DARIN T. JUDD IN SUPPORT OF MOTION FOR A WARD OF PREJUDGMENT INTEREST
insurer on a monthly basis and by October 2020 all of that information had been provided. This is best
summarized and depicted in the calculation of damages provided through Plaintiff's damage expert Jeff
Stegner. A true and correct copy of Exhibit #22 is attached hereto as Exhibit B.
4 A true and correct copy of Exhibit #291 is attached hereto as Exhibit C.
5 True and correct copies of Exhibit #13 and Exhibit #14 are attached hereto as Exhibit D.
6. The simple interest due on the IPOR claim is calculated by taking the total amount due of
$1,065,853 (as shown on Exhibit #22, and as adopted by the jury), multiplying the amount by .01, to
determine the amount of annual interest ($106,558.30), and then dividing the annual interest amount by
365 to determine the daily interest ($291.94). The daily interest amount is then multiplied by the number
10 days from denial to the date of the jury verdict (May 1, 2020 to December 22, 2023=1330 days). This
11 provides the total prejudgment interest on the IPOR indemnity due of $388,280.93.
7
12 A true and correct copy of Defendant’s Exhibit #205, is attached hereto as Exhibit E.
13 8 A true and correct copy of Defendant’s Exhibit #241, is attached hereto as Exhibit F.
14 9. The simple interest due on the EPOI claim is calculated by taking the total amount due of
15 $881,382.00 ($1,322,511- $441,129—for payments made) (as shown on Exhibit #22, and as adopted by
16 the jury), multiplying the amount by .01, to determine the amount of annual interest ($881,138.20), and
17 then dividing the annual interest amount by 365 to determine the daily interest ($241.47). The daily
18 interest amount is then multiplied by the number days from denial to the date of the jury verdict
19 (October 28, 2020 to December 22, 2023=1150 days). This provides the total prejudgment interest on
20 the IPOR indemnity due of $277,690.50.
21 10. The total amount of prejudgment due to the Plaintiff is $666,075.01. (A summary of this
22 interest calculation is attached hereto as Exhibit G.
23 I declare under penalty of perjury under the laws of the State of California that the foregoing is
24 true and correct and that this declaration was execut i~- Leh)\Utah on December 29 2023.
25
26
Dar udd
27
28
Case No. SCV267840
DECLARATION OF DARIN T. JUDD IN SUPPORT OF MOTION FOR AWARD OF PREJUDGMENT INTEREST
EXHIBIT A
FILED
DEC 2 1 2023
Suny COURT OF CALIFORNIA,
BY. 4 —_DEPUTY CLERK
DONNA KAMAHELE
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
COUNTY OF SONOMA
10 RMB Real Estate Investments 2, LLC, ASE NO. SCV-267840
ul
Plaintiff, PECIAL VERDICT FORM
F-2300 - BREACH OF CONTRACTUAL
12
vs.
DUTY TO PAY A COVERED CLAIM
13
California Capital Insurance Company;
14
and DOES 1 to7,
15
Defendant.
16
17 WE THE JURY in the above entitled action, find the following Special Verdict on
18 the question submitted to us:
19
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20
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21
22
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24
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25
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26
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27
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VF-2300. Breach of Contractual Duty to Pay a Covered Claim
We answer the questions submitted to us as follows:
1 Did RMB Real Estate Investments 2 suffer a loss, part of which was covered
under an insurance policy with California Capital Insurance Company?
x Yes No
If your answer to question | is yes, then answer question 2. If you answered no,
stop here, answer no further questions, and have the presiding juror sign and date
this form.
Was California Capital Insurance Company notified of the loss as required by the
policy?
x Yes No
If your answer to question 2 is yes, then answer question 3. If you answered no,
stop here, answer no further questions, and have the presiding juror sign and date
this form.
Was there any portion of the loss the policy covered that California Capital failed
to pay?
x Yes No
If your answer to question 3 is yes, then answer question 4. If you answered no,
stop here, answer no further questions, and have the presiding juror sign and date
this form.
What is the amount of the covered loss that California Capital Insurance
Company failed to pay RMB Real Estate Investments 2?
$1, 947,2 OF
/ }
Signe
Pres: ig Jutor
{2-32}
Dated:
After this verdict has been signed, notify the bailiff that you are ready to present your verdict in
the courtroom.
FILED
DEC 2 1 2023
Saree, COURT OF CALIFORNIA,
BY ) 4<_——— DEPUTY CLERK
KAMAHELE
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
COUNTY OF SONOMA
RMB Real Estate Investments 2, LLC, ASE NO. SCV-267840
Plaintiff, PECIAL VERDICT FORM
F-2301 - BREACH OF THE IMPLIED
vs.
BLIGATION OF GOOD FAITH AND FAIR
IDEALING — FAILURE OR DELAY IN
10
California Capital Insurance Company; PAYMENT
1
and DOES 1 to 7,
12
Defendant.
13
14 WE THE JURY in the above entitled action, find the following Special Verdict on the
15
question submitted to us:
16
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7
tt
18
19 HT
20 Ht
21
tit
22
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it
24
25 Ht
26 Mt
27
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28
Mt
VF-2301. Breach of the Implied Obligation of Good Faith and Fair Dealing—Failure or
Delay in Payment
We answer the questions submitted to us as follows:
1 Did RMB Real Estate Investments 2 suffer a loss covered under an insurance
policy with California Capital Insurance Company?
x Yes ___No
If your answer to question 1 is yes, then answer question 2. If you answered no,
stop here, answer no further questions, and have the presiding juror sign and date
this form.
Was California Capital Insurance Company notified of the loss?
xX Yes No
If your answer to question 2 is yes, then answer question 3. If you answered no,
stop here, answer no further questions, and have the presiding juror sign and date
this form.
Did California Capital Insurance Company fail to pay policy benefits that the
policy covered?
x Yes ___No
If your answer to question 3 is yes, then answer question 4. If you answered no,
stop here, answer no further questions, and have the presiding juror sign and date
this form.
Was California Capital Insurance Company’s failure to pay policy benefits,
unreasonable or without proper cause?
SX Yes ___No
If your answer to question 4 is yes, then answer question 5 if you answered no,
stop here, answer no further questions, and have the presiding juror sign and date
this form.
Was California Capital Insurance Company’s failure to pay policy benefits a
substantial factor in causing harm to RMB Real Estate Investments 2?
+E Yes No
Signed: \
Presiding) Juror
Dated: {2-31-34
After this verdict has been signed, notify the bailiff that you are ready to present your verdict in
the courtroom.
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FILED
DEC 2 1 2023
ara ceen OF CALIFORNIA,
BY. DEPUTY CLERK
DONNA KAMAHELE
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
COUNTY OF SONOMA
RMB Real Estate Investments 2, LLC, ‘ASE NO. SCV-267840
Plaintiff, PECIAL VERDICT FORM
F-3900 — PUNITIVE DAMAGES —
10
vs. BIFURCATED TRIAL
California Capital Insurance Company;
12
and DOES 1 to 7,
13
Defendant.
14
15
WE THE JURY in the above entitled action, find the following Special Verdict on
16
17
the question submitted to us:
18 it
19 Hl
20
itl
21
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22
23 Mt
24 itt
25
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fil
27
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28
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VF-3900. Punitive Damages
We answer the questions submitted to us as follows:
1 Did California Capital Insurance Company engage in conduct with malice,
oppression, or fraud?
2c Yes No
/
Ah bf if
Signed:
Dated: I} -FA-4S
After this verdict has been signed, notify the bailiff that you are ready to present your verdict in
the courtroom.
1
x
FILED
DEC 22 2023
SUPERIOR COURT OF CALIFORNIA,
By] ~_—ePUTY CLERK
DONNA KAMAHELE
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
COUNTY OF SONOMA
10
RMB Real Estate Investments 2, LLC, ASE NO. SCV-267840
i
Plaintiff, SPECIAL VERDICT FORM
12
F-2301-A - BREACH OF THE IMPLIED
VS. BLIGATION OF GOOD FAITH AND FAIR
DEALING — FAILURE OR DELAY IN
13 PAYMENT
California Capital Insurance Company;
14
and DOES 1 to 7,
15
Defendant.
16
7 WE THE JURY in the above entitled action, find the following Special Verdict on the
18
question submitted to us:
19
Hf
20
dit
21
22 Hil
23 HHI
24
df
25
dit
26
27
dtl
28 ‘tl
VF-2301-A. Breach of the Implied Obligation of Good Faith and Fair Dealing—Failure or
Delay in Payment
We answer the questions submitted to us as follows:
1 Did RMB Real Estate Investments 2 suffer a loss covered under an insurance
policy with California Capital Insurance Company?
X_ Yes No
If your answer to question | is yes, then answer question 2. If you answered no,
stop here, answer no further questions, and have the presiding juror sign and date
this form.
Was California Capital Insurance Company notified of the loss?
X_ Yes No
If your answer to question 2 is yes, then answer question 3. If you answered no,
stop here, answer no further questions, and have the presiding juror sign and date
this form.
Did California Capital Insurance Company fail to pay policy benefits?
X_ Yes ___No
If your answer to question 3 is yes, then answer question 4. If you answered no,
stop here, answer no further questions, and have the presiding juror sign and date
this form.
Was California Capital Insurance Company’s failure to pay policy benefits,
unreasonable or without proper cause?
X_ Yes No
If your answer to question 4 is yes, then answer question 5 if you answered no,
stop here, answer no further questions, and have the presiding juror sign and date
this form.
Was California Capital Insurance Company’s failure to pay policy benefits a
substantial factor in causing harm to RMB Real Estate Investments 2?
X Yes No
If your answer to question 5 is yes, then answer question 6. If you answered no,
stop here, answer no further questions, and have the presiding juror sign and date
this form.
What are RMB Real Estate Investments 2’s damages?
a. Attomey Fees 5 304, GAR
Should prejudgment interest be awarded to RMB Real Estate Investment 2, LLC?
Yes Xx No
What amount of prejudgment interest do you award to Plaintiff RMB Real Estate
Investment 2, LLC?
s_ 14,44992
Le
TOTAL $374, 167
Signed: AL LA
Presiding/J
Dated: 12-99-79. 5
After this verdict has been signed, notify the bailiff that you are ready to present your verdict in
the courtroom.
FILED
DEC 22 2023
‘SUPERIOR COURT OF CALIFORNIA,
COUNTY OF
By. Z—— _DEPUTY CLERK
DONNA KAMAHELE
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
COUNTY OF SONOMA
RMB Real Estate Investments 2, LLC, ASE NO. SCV-267840
9
Plaintiff, SPECIAL VERDICT FORM
F-3900-A — PUNITIVE DAMAGES —
10
vs.
IBIFURCATED TRIAL
California Capital Insurance Company;
12
and DOES 1 to 7,
13
Defendant.
14
1s
WE THE JURY in the above entitled action, find the following Special Verdict on
16
17
the question submitted to us:
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VF-3900-A. Punitive Damages — Bifurcated Trail
We answer the questions submitted to us as follows:
1. Did California Capital Insurance Company engage in conduct with malice,
oppression, or fraud?
X Yes No
If your answer to question | is yes, then answer question 2. If you answered no, stop
here, answer no further questions, and have the presiding juror sign and date this form.
2 What amount of punitive damages, if any, do you award RMB Real Estate
Investments 2, LLC?
5 6,500,000
/
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j
Signed: \. ( Se
(/ LL { C,
fy
:
[ residing Juror_/
Dated: [}--A2-AZ
After this verdict form has been signed, notify the bailiff that you are ready to present
your verdict in the courtroom.
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Preview
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: darin@twsglaw.com Email: eric@twsglaw.com Email: david@twsglaw.com Attorneys for Plaintiff RMB REAL ESTATE INVESTMENTS 2, LLC 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF SONOMA 12 RMB REAL ESTATE INVESTMENTS 2, LLC, Case No. SCV267840 13 a California limited liability company, 14 Plaintiff, DECLARATION OF DARIN T. JUDD IN SUPPORT OF MOTION FOR AWARD OF 15 Vv. PREJUDGMENT INTEREST 16 CALIFORNIA CAPITAL INSURANCE Date: COMPANY and DOES 1-7, 17 Time: 8:30am Defendants. 18 Department: 17 19 20 I, Darin T. Judd, declare: 21 1 I am an attorney licensed to practice law in the above-captioned court. I am a partner 22 with Thompson Welch Soroko & Gilbert LLP, and one of the attorneys of record for Plaintiff RMB 23 REAL ESTATE INVESTMENTS 2, LLC in this case. I make this declaration of my own personal 24 knowledge. If called as a witness in this matter, I would and could testify to the truth of the following 25 statements. 26 2. The verdicts in this case are attached hereto as Exhibit A. 27 3 In this case, the real data to calculate the lost income was provided by plaintiff to the 28 Case No. SCV267840 1 DECLARATION OF DARIN T. JUDD IN SUPPORT OF MOTION FOR A WARD OF PREJUDGMENT INTEREST insurer on a monthly basis and by October 2020 all of that information had been provided. This is best summarized and depicted in the calculation of damages provided through Plaintiff's damage expert Jeff Stegner. A true and correct copy of Exhibit #22 is attached hereto as Exhibit B. 4 A true and correct copy of Exhibit #291 is attached hereto as Exhibit C. 5 True and correct copies of Exhibit #13 and Exhibit #14 are attached hereto as Exhibit D. 6. The simple interest due on the IPOR claim is calculated by taking the total amount due of $1,065,853 (as shown on Exhibit #22, and as adopted by the jury), multiplying the amount by .01, to determine the amount of annual interest ($106,558.30), and then dividing the annual interest amount by 365 to determine the daily interest ($291.94). The daily interest amount is then multiplied by the number 10 days from denial to the date of the jury verdict (May 1, 2020 to December 22, 2023=1330 days). This 11 provides the total prejudgment interest on the IPOR indemnity due of $388,280.93. 7 12 A true and correct copy of Defendant’s Exhibit #205, is attached hereto as Exhibit E. 13 8 A true and correct copy of Defendant’s Exhibit #241, is attached hereto as Exhibit F. 14 9. The simple interest due on the EPOI claim is calculated by taking the total amount due of 15 $881,382.00 ($1,322,511- $441,129—for payments made) (as shown on Exhibit #22, and as adopted by 16 the jury), multiplying the amount by .01, to determine the amount of annual interest ($881,138.20), and 17 then dividing the annual interest amount by 365 to determine the daily interest ($241.47). The daily 18 interest amount is then multiplied by the number days from denial to the date of the jury verdict 19 (October 28, 2020 to December 22, 2023=1150 days). This provides the total prejudgment interest on 20 the IPOR indemnity due of $277,690.50. 21 10. The total amount of prejudgment due to the Plaintiff is $666,075.01. (A summary of this 22 interest calculation is attached hereto as Exhibit G. 23 I declare under penalty of perjury under the laws of the State of California that the foregoing is 24 true and correct and that this declaration was execut i~- Leh)\Utah on December 29 2023. 25 26 Dar udd 27 28 Case No. SCV267840 DECLARATION OF DARIN T. JUDD IN SUPPORT OF MOTION FOR AWARD OF PREJUDGMENT INTEREST EXHIBIT A FILED DEC 2 1 2023 Suny COURT OF CALIFORNIA, BY. 4 —_DEPUTY CLERK DONNA KAMAHELE SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF SONOMA 10 RMB Real Estate Investments 2, LLC, ASE NO. SCV-267840 ul Plaintiff, PECIAL VERDICT FORM F-2300 - BREACH OF CONTRACTUAL 12 vs. DUTY TO PAY A COVERED CLAIM 13 California Capital Insurance Company; 14 and DOES 1 to7, 15 Defendant. 16 17 WE THE JURY in the above entitled action, find the following Special Verdict on 18 the question submitted to us: 19 ‘1 20 ‘Tl 21 22 HI 23 ‘it 24 Vit 25 Vid 26 Ht 27 28 Ht VF-2300. Breach of Contractual Duty to Pay a Covered Claim We answer the questions submitted to us as follows: 1 Did RMB Real Estate Investments 2 suffer a loss, part of which was covered under an insurance policy with California Capital Insurance Company? x Yes No If your answer to question | is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Was California Capital Insurance Company notified of the loss as required by the policy? x Yes No If your answer to question 2 is yes, then answer question 3. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Was there any portion of the loss the policy covered that California Capital failed to pay? x Yes No If your answer to question 3 is yes, then answer question 4. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. What is the amount of the covered loss that California Capital Insurance Company failed to pay RMB Real Estate Investments 2? $1, 947,2 OF / } Signe Pres: ig Jutor {2-32} Dated: After this verdict has been signed, notify the bailiff that you are ready to present your verdict in the courtroom. FILED DEC 2 1 2023 Saree, COURT OF CALIFORNIA, BY ) 4<_——— DEPUTY CLERK KAMAHELE SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF SONOMA RMB Real Estate Investments 2, LLC, ASE NO. SCV-267840 Plaintiff, PECIAL VERDICT FORM F-2301 - BREACH OF THE IMPLIED vs. BLIGATION OF GOOD FAITH AND FAIR IDEALING — FAILURE OR DELAY IN 10 California Capital Insurance Company; PAYMENT 1 and DOES 1 to 7, 12 Defendant. 13 14 WE THE JURY in the above entitled action, find the following Special Verdict on the 15 question submitted to us: 16 Hl 7 tt 18 19 HT 20 Ht 21 tit 22 Ht 23 it 24 25 Ht 26 Mt 27 Ml 28 Mt VF-2301. Breach of the Implied Obligation of Good Faith and Fair Dealing—Failure or Delay in Payment We answer the questions submitted to us as follows: 1 Did RMB Real Estate Investments 2 suffer a loss covered under an insurance policy with California Capital Insurance Company? x Yes ___No If your answer to question 1 is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Was California Capital Insurance Company notified of the loss? xX Yes No If your answer to question 2 is yes, then answer question 3. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Did California Capital Insurance Company fail to pay policy benefits that the policy covered? x Yes ___No If your answer to question 3 is yes, then answer question 4. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Was California Capital Insurance Company’s failure to pay policy benefits, unreasonable or without proper cause? SX Yes ___No If your answer to question 4 is yes, then answer question 5 if you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Was California Capital Insurance Company’s failure to pay policy benefits a substantial factor in causing harm to RMB Real Estate Investments 2? +E Yes No Signed: \ Presiding) Juror Dated: {2-31-34 After this verdict has been signed, notify the bailiff that you are ready to present your verdict in the courtroom. en _ , neo — + oo ° - oe a. a F=f = | a we of ono oo a | os a FILED DEC 2 1 2023 ara ceen OF CALIFORNIA, BY. DEPUTY CLERK DONNA KAMAHELE SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF SONOMA RMB Real Estate Investments 2, LLC, ‘ASE NO. SCV-267840 Plaintiff, PECIAL VERDICT FORM F-3900 — PUNITIVE DAMAGES — 10 vs. BIFURCATED TRIAL California Capital Insurance Company; 12 and DOES 1 to 7, 13 Defendant. 14 15 WE THE JURY in the above entitled action, find the following Special Verdict on 16 17 the question submitted to us: 18 it 19 Hl 20 itl 21 ‘tt 22 23 Mt 24 itt 25 Hl 26 fil 27 ft 28 ‘tl VF-3900. Punitive Damages We answer the questions submitted to us as follows: 1 Did California Capital Insurance Company engage in conduct with malice, oppression, or fraud? 2c Yes No / Ah bf if Signed: Dated: I} -FA-4S After this verdict has been signed, notify the bailiff that you are ready to present your verdict in the courtroom. 1 x FILED DEC 22 2023 SUPERIOR COURT OF CALIFORNIA, By] ~_—ePUTY CLERK DONNA KAMAHELE SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF SONOMA 10 RMB Real Estate Investments 2, LLC, ASE NO. SCV-267840 i Plaintiff, SPECIAL VERDICT FORM 12 F-2301-A - BREACH OF THE IMPLIED VS. BLIGATION OF GOOD FAITH AND FAIR DEALING — FAILURE OR DELAY IN 13 PAYMENT California Capital Insurance Company; 14 and DOES 1 to 7, 15 Defendant. 16 7 WE THE JURY in the above entitled action, find the following Special Verdict on the 18 question submitted to us: 19 Hf 20 dit 21 22 Hil 23 HHI 24 df 25 dit 26 27 dtl 28 ‘tl VF-2301-A. Breach of the Implied Obligation of Good Faith and Fair Dealing—Failure or Delay in Payment We answer the questions submitted to us as follows: 1 Did RMB Real Estate Investments 2 suffer a loss covered under an insurance policy with California Capital Insurance Company? X_ Yes No If your answer to question | is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Was California Capital Insurance Company notified of the loss? X_ Yes No If your answer to question 2 is yes, then answer question 3. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Did California Capital Insurance Company fail to pay policy benefits? X_ Yes ___No If your answer to question 3 is yes, then answer question 4. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Was California Capital Insurance Company’s failure to pay policy benefits, unreasonable or without proper cause? X_ Yes No If your answer to question 4 is yes, then answer question 5 if you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Was California Capital Insurance Company’s failure to pay policy benefits a substantial factor in causing harm to RMB Real Estate Investments 2? X Yes No If your answer to question 5 is yes, then answer question 6. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. What are RMB Real Estate Investments 2’s damages? a. Attomey Fees 5 304, GAR Should prejudgment interest be awarded to RMB Real Estate Investment 2, LLC? Yes Xx No What amount of prejudgment interest do you award to Plaintiff RMB Real Estate Investment 2, LLC? s_ 14,44992 Le TOTAL $374, 167 Signed: AL LA Presiding/J Dated: 12-99-79. 5 After this verdict has been signed, notify the bailiff that you are ready to present your verdict in the courtroom. FILED DEC 22 2023 ‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF By. Z—— _DEPUTY CLERK DONNA KAMAHELE SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF SONOMA RMB Real Estate Investments 2, LLC, ASE NO. SCV-267840 9 Plaintiff, SPECIAL VERDICT FORM F-3900-A — PUNITIVE DAMAGES — 10 vs. IBIFURCATED TRIAL California Capital Insurance Company; 12 and DOES 1 to 7, 13 Defendant. 14 1s WE THE JURY in the above entitled action, find the following Special Verdict on 16 17 the question submitted to us: 18 Ht 19 Ht 20 HT 221 Hf 22 23 ‘it 24 Hl 25 Hf 26 Tit 27 Ht 28 Ht VF-3900-A. Punitive Damages — Bifurcated Trail We answer the questions submitted to us as follows: 1. Did California Capital Insurance Company engage in conduct with malice, oppression, or fraud? X Yes No If your answer to question | is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 2 What amount of punitive damages, if any, do you award RMB Real Estate Investments 2, LLC? 5 6,500,000 / ( [ j Signed: \. 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