Preview
DANIEL V. KOHLS (SBN 167987)
LEIGHTON B. KOBERLEIN (SBN 252891)
HANSEN, KOHLS, SOMMER & JACOB, LLP Cc
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1520 EUREKA ROAD, SUITE 100 NOV -7 2023 U
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ROSEVILLE, CALIFORNIA 95661 T
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TELEPHONE: (916) 781-2550 LGRKKOFOF THETHE SUPE SUPER FOR COUR :
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FACSIMILE: (916) 781-5339
EMAIL: dkohls@hansenkohls.com
EMAIL: lbkoberlein@hansenkohls.com
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Attorneys for Defendants GURNEE MASON
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RUSHFORD BONOTTO & FORESTIERE, LLP,
PHILLIP R. BONOTTO and TRACY W. FRITCH-
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THYME
SUPERIOR COURT OF CALIFORNIA
HANSEN, KOHLS, SOMMER & JACOB, LLP
FOR THE COUNTY OF GLEN
PAUL BETENBAUGH, an individual, Case No. 22CV02982
Plaintiff, REQUEST FOR JUDICIAL NOTICE IN
SUPPORT OF DEFENDANTS GURNEE
V. MASON RUSHFORD BONOTTO &
FORESTIERE, LLP, PHILLIP R.
SAFECO INSURANCE COMPANY OF BONOTTO AND TRACY W. FRITCH-
AMERICA, a New Hampshire corporation; THYM’S MOTION TO TRANSFER
GURNEE MASON RUSHFORD BONOTTO VENUE
& FORESTIERE, LLP, a California limited
liability partnership; PHILLIP R. BONOTTO, Date: December 6, 2023
an individual; TRACY W. FRITCH-THYME, Time: 2:30 p.m.
an individual; DOES 1—25, inclusive Dept: 2
Defendants.
Complaint Filed: 09/16/2022
Defendants GURNEE MASON RUSHFORD BONOTTO & FORESTIERE, LLP,
PHILLIP R. BONOTTO and TRACY W. FRITCH-THYME request that in considering its
Motion to Transfer Venue, the Court take Judicial Notice of the following documents, which are
attached herewith.
EXHIBIT A: Complaint in this action filed on September 16, 2022.
MI
MM
XE 00033806.1
gh REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO TRANSFER VENUE
wo 4
I.
AUTHORITY FOR JUDICIAL NOTICE
Evidence Code section 452 provides the authority for this Court to take judicial notice of
the identified documents. In relevant part, that statute provides:
“Judicial notice may be taken of the following matters to the extent that they are not
embraced within Section 451:
ND
(d) Records of (1) any court of this state or (2) any court of record of the United
States or of any state of the United States. ...
eo
(h) Facts and propositions that are not reasonably subject to dispute and are capable
o
10 of immediate and accurate determination by resort to sources of reasonably
indisputable accuracy.
HANSEN, KOHLS, SOMMER & JACOB, LLP
11
12 Based upon the foregoing, this Court is respectfully requested to take judicial notice of the
13 aforementioned documents.
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15 Dated: October 25, 2023 HANSEN, KOHLS, SOMMER & JACOB, LLP
16
17 By: Ke ——
DANIEL V. KOHLS
18 LEIGHTON B. KOBERLEIN
Attorneys for Defendants GURNEE MASON
19 RUSHFORD BONOTTO & FORESIERE, LLP,
PHILLIP R. BONOTTO and TRACY W.
20 FRITCH-THYM
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00033806. 1 -2-
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO TRANSFER VENUE
PROOF OF SERVICE
I am a citizen of the United States and am employed within the county aforesaid; I am
WN
over the age of eighteen years and not a party to the within action; my business address is 1520
Eureka Road, Suite 100, Roseville, California 95661.
WwW
On the date indicated below, I served the within copy (or copies) of the following:
F&F
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS GURNEE
NA
MASON RUSHFORD BONOTTO & FORESTIERE, LLP, PHILLIP R. BONOTTO
AND TRACY W. FRITCH-THYM’S MOTION TO TRANSFER VENUE
A
on the interested parties in said action addressed as follows:
Y
Attorney for Plaintiff Paul Betenbaugh
oo
Ognian A. Gavrilov
GAVRILOV & BROOKS
10 2315 Capitol Avenue
Sacramento, CA 95816
HANSEN, KOHLS, SOMMER & JACOB, LLP
11 Phone: (916) 504-0529
Facsimile: (916) 727-6877
12 Ognian@gavrilovlaw.com
13 Attorneys for Safeco Insurance Company of America
14 Frank Falzetta
Robert A. Sanders
15 SHEPPARD, MULLIN RICHTER & I-[AMPTON LLP
333 South Hope Street, 43rd Floor
16 Los Angeles, CA 90071
Phone: (213) 620-1780
17 Facsimile: (213) 620-1398
ffalzetta@sheppardmullin.com
18 rsanders(@sheppardmullin.com
19 Jeffrey S. Crows
SHEPPARD, MULLIN, RICHTER &HAMPTON LLP
20 650 Town Center Drive, 10th Floor
Costa Mesa, California 92626
21 Phone: (714) 513-5100
Facsimile: (714) 513-5130
22 jcrowe(@sheppardmullin.com
23 > (XX) BY MAIL -- by placing a true copy thereof enclosed in an envelope addressed as
set forth above. I am readily familiar with this office's practice whereby the mail
24
is sealed, given the appropriate postage and placed in a designated mail collection
25 area. Each day's mail is collected and deposited in a United States mailbox after
the close of each day's business.
26
> ( ) BY OVERNIGHT DELIVERY -- by placing a true copy thereof enclosed in a
27 sealed envelope, with delivery fees paid or provided for, in a designated area for
outgoing overnight mail, addressed as set forth above. In the ordinary course of
28
00033806. 1 -3-
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO TRANSFER VENUE
business mail placed in that designated area is picked up that same day for delivery
in the following business day
> (XX) BY EMAIL -- by emailing a true copy thereof to the email addresses set forth
above. I did not receive, within a reasonable time after transmission, any
electronic message or other indication that the transmission was unsuccessful.
-
I declare under penalty of perjury under the laws of the State of California that the
NN
foregoing is true and correct. Executed on October 25, 2023, at Roseville, California.
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(Susi€ Schiele “%
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00033806. 1 -4-
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO TRANSFER VENUE
Exhibit A
(fcopy
Ognian A. Gavrilov, SBN 258583
GAVRILOV & BROOKS CONFORMED
2315 Capitol Avenue
1)
Ce: Tracy Fritch-Thym ; erika. gaspar.law@gmail.com; John Garner
; Kristina Spears ; Larina Falcona
Subject; RE: Gundersen v Betenbaugh et al.
Mr. Bonotto,
My responses to you were not rooted in arrogance or absence of professional courtesy. | have an affirmative
duty to my client to make sure | have you and the insurance carrier properly set up for malpractice and bad
faith should things go sideways for you in trial. You are an experienced trial attorney, so you must know the
result of this case is wildly unpredictable on both sides and | can just as easily leave the court with a $20M
verdict against your client or with a number that | won’t like.
The last time | popped a policy the insurance carrier (Liberty Mutual) hired Blake Russum from Ropers
Majeski to tell me how | didn’t properly open the policy and didn’t properly set up the attorney. The carrier
ultimately paid the full judgment but not until | had to waste time by garnishing wages, filing liens, and
setting up the debtor’s examination.
The bottom line is that while you may not like the e-mails | sent, they are all within bounds and they are
meant to document your office’s and the insurance carrier’s actions in case the carrier takes the position that
they do not wish to pay the judgment.
Sincerely,
Ognian Gavrilov
Managing Partner
GAVRILOV & BROOKS
2315 Capitol Avenue
Sacramento, CA 95816
Phone: (916) 504-0529
Fax: (916) 473-5870
www. gavriloviaw.com
From: Phil Bonotto
Sent: Thursday, July 22, 2021 9:00 AM
To: Ognian Gavrilov
Ce: Tracy Fritch-Thym ; erika.gaspar.law@gmail.com; John Garner
; Kristina Spears ; Larina Falcona
Subject: RE: Gundersen v Betenbaugh et al.
Mr. Gravilov
Thank you for your email. It is noted through counsel, Mr. Gundersen has rejected our CCP section 998
settlement offer of $150,001.
Please note, | would not be so arrogant to attempt to tell you how to handle your case, and | would
appreciate the professional courtesy of you not attempting to instruct me how to handle our case.
Thanks---Phil
Phillip R. Bonotto, Esq.
| GURNEE
68 MASON
| @& RUSHFORD
BONOTTO &
ae FORESTIERE LLP
2240 Douglas Boulevard, Suite 150
Roseville, CA 95661
(916) 797-3100 - office
(916) 797-3131 - fax
pbonotto@gurneelaw.com
NOTICE OF CONFIDENTIALITY
The information contained in this e-mail is information protected by attorney-client and/or the attorney work privilege. This
communication is intended ONLY for the recipient(s) identified in the message, and may contain information that is confidential,
privileged, or otherwise protected by law. If you are not the intended recipient, you are notified that any disclosure, copying, distribution
or the taking of any action in reliance on this communication is strictly prohibited. If you are not the intended recipient, please
immediately delete this communication and destroy any copies and notify the sender by responsive e-mail or by telephone at (916) 797-
3100.
From: Ognian Gavrilov
Sent: Wednesday, July 21, 2021 2:41 PM
To: Phil Bonotto
Ce: Tracy Fritch-Thym ; erika.gaspar.law@gmail.com; John Garner
; Kristina Spears ; Larina Falcona
Subject: RE: Gundersen v Betenbaugh et al.
Dear Mr. Bonotto:
Your 998 is rejected.
More importantly, let me clear up your confusion because | am keenly aware that your office is not trained in
insurance bad faith and legal malpractice. Civil Code 2860 can only be circumvented if the carrier agrees there
is no reservation of rights, that they will pay all damages, including punitive damages, and there is no other
conflict of interest. While the carrier gets to avoid bad faith if the aforementioned issues are resolved (which
is highly doubtful here), your office, on the other hand, has competing ethical and legal duties that are not
subject to waiver. For example, your office is clearly beholden to the insurance carrier and the carrier’s desire
to gamble cannot be reconciled with your client’s desire to avoid public humiliation from the sizable punitive
damages award that is coming his way. Speaking of punitive damages, | get to examine your client’s financial
condition on the stand, which is a problem for you because | will get to ask him if he has valued the
malpractice case against your firm and the bad faith case against the carrier.
It is also your independent duty to inform your client that it is my practice to collect the excess verdict directly
from the defendant when | pop a policy at trial. In other words, | do not accept bad faith assignments. If a
defendant files bankruptcy, | then take the insurance bad faith and attorney malpractice cases from the
bankruptcy trustee on contingency.
On a final note, please understand that | am not sending you this correspondence because | want to
aggravate you or be obnoxious. | need to make sure that you and the carrier are on full notice so there are no
excuses on the back end.
Sincerely,
Ognian Gavrilov
Managing Partner
GAVRILOV & BROOKS
2315 Capitol Avenue
Sacramento, CA 95816
Phone: (916) 504-0529
Fax: (916) 473-5870
www.gavriloviaw.com
From: Phil Bonotto
Sent: Wednesday, July 21, 2021 1:54 PM
To: Ognian Gavrilov
Ce: Tracy Fritch-Thym ; erika.gaspar.law@gmail.com; John Garner
; Kristina Spears ; Larina Falcona
Subject: RE: Gundersen v Betenbaugh et al.
Mr. Gavrilov
| am confused by your e-mail and the settlement demand. You indicate you will settle with Mr. Betenbaugh
for $5 million and then go on to indicate you will settle for Mr. Betenbaugh’s maximum insurance policy
coverage identified by you at $2 million. As identified in discovery, Mr. Betenbaugh’s policy limits total $1.5
Million ($500,000 homeowners policy and a $1 million umbrella). Whether Plaintiff’s demand is 55 million,
$2 million or even the $1.5 million (the actual coverage), my client rejects Plaintiff’s settlement demand.
However, in response to the demand, attached please find a CCP 998 settlement offer in the amount of
$150,001. At this point, both my client and his insurance carrier are prepared to try the case against that
settlement offer.
Separately, we disagree with your interpretation of Ca. Civ. Code 2860. Furthermore, any rights, obligations,
or duties if any exist contained in Ca. Civ. Code 2860 are between Mr. Betenbaugh and his insurance carriers
and do not involve plaintiff. Regardless, my firm is the sole representation in this matter on behalf of Mr.
Betenbaugh. Accordingly, please direct all communications you have for Mr. Betenbaugh through my office.
Thanks---Phil
Phillip R. Bonotto, Esq.
: GURNEE
MASON
RUSHFORD
BONOTTO &
© G@ FORESTIERE LLP
2240 Douglas Boulevard, Suite 150
Roseville, CA 95661
(916) 797-3100 - office
(916) 797-3131 - fax
pbonotto@gurneelaw.com
NOTICE OF CONFIDENTIALITY
The information contained in this e-mail is information protected by attorney-client and/or the attorney work privilege. This
communication is intended ONLY for the recipient(s) identified in the message, and may contain information that is confidential,
privileged, or otherwise protected by law. If you are not the intended recipient, you are notified that any disclosure, copying, distribution
or the taking of any action in reliance on this communication is strictly prohibited. If you are not the intended recipient, please
immediately delete this communication and destroy any copies and notify the sender by responsive e-mail or by telephone at (916) 797-
3100.
From: Ognian Gavrilov
Sent: Monday, July 19, 2021 3:07 PM
To: Phil Bonotto
Ce: Tracy Fritch-Thym ; erika.gaspar.law@gmail.com; John Garner
Subject: Gundersen v Betenbaugh et al.
Dear Mr. Bonotto:
My client has authorized me to settle the case against Mr. Betenbaugh for $5M or Mr. Betenbaugh’s
maximum policy limits (which | am informed are $2M). This offer expires July 26, 2021.
In the interim, please provide me with the name of Mr. Betenbaugh’s Cumis counsel. As we both know, Civil
Code section 2860(b) makes Cumis counsel mandatory in cases where the carrier is defending under
reservation of rights.
Thank you,
Ognian Gavrilov
Managing Partner
GAVRILOV & BROOKS
2315 Capitol Avenue
Sacramento, CA 95816
Phone: (916) 504-0529
Fax: (916) 473-5870
www.gavriloviaw.com
CONFIDENTIALITY NOTICE: Privileged and Confidential. Attorney-Client Communication & Attorney Work
Product. This communication and accompanying document are confidential and privileged. They are intended
for the sole use of the addressee. If you receive this transmission in error, you are advised that any disclosure,
copying, distribution, or the taking of any action in reliance upon the communication is strictly prohibited.
Moreover, any such inadvertent disclosure shall not compromise or waive the attorney-client privilege as to
this communication or otherwise. If you have received this communication in error, please contact me at the
above Internet address or by telephone at (877) 220-5315. Thank you.
CONFIDENTIALITY NOTICE: Privileged and Confidential. Attorney-Client Communication & Attorney Work
Product. This communication and accompanying document are confidential and privileged. They are intended
for the sole use of the addressee. If you receive this transmission in error, you are advised that any disclosure,
copying, distribution, or the taking of any action in reliance upon the communication is strictly prohibited.
Moreover, any such inadvertent disclosure shall not compromise or waive the attorney-client privilege as to
this communication or otherwise. If you have received this communication in error, please contact me at the
above Internet address or by telephone at (877) 220-5315. Thank you.
EXHIBIT 2
VERDICT FORM F i L, E D
s 5
PAUL BETENBAUGH 5 | SEP 01 202] &
N Y
IRT
W € answer
wer the
the q questionns submittedtoo us
us asas follows
fol o : IScv0 ageh)
(
1) Was the conduct of Paul Betenbaugh Intemet Impersonation?
Yes or No Ves iro
2) Was the conduct of Paul Betenbaugh: Defamation OR False
Light OR Negligent Infliction of
Emotional Distress OR Intentional Infliction of Emotional Distress?
Yes or No Yes 1Z-O
If you answered Yes to Question #1 or 2, please answer Questi
on #3. If you answered No to both
Questions #1 and #2, answer no further questions and sign and
date this Verdict Form
3) Did Dalas Gundersen suffer damage as a result of the conduct
of Paul Betenbaugh?
Yes or No Yes ZO
4) Was the conduct of Paul Betenbaugh a substantial factor in
causing harm to Dalas Gundersen?
Yes or No Yes [t-O
If you answered Yes to Question #4, please answer Question #5. If
you answered No to this
question, answer no further Questions and Sign and date this Verdict
Form,
5) What is the amount of reasonable damages suffered by Dalas Gunder
son because of Paul
Betenbaugh’s conduct?
Past noneconomic loss, including loss to
reputation, standing in the community
mental suffering, anxiety, humiliation,
emotional distress: $ S PAELEZO
Future noneconomic loss, including loss to
reputation, standing in the community
mental suffering, anxiety, humiliation,
emotional distress: § S MILCEON
«
s
If you entered an amount in response to Ques
tion #5, please answer Question #6. If you
insert an amount in your answer to the did not
previous question, answer no further quest
and date this Verdict Form. ions and sign
6) If you decide that Paul Betenbaugh cause
d Dalas Gundersen harm, you must decid
that conduct justifies an award of punitive e whether
damages. At this time, you must decide whet
Dalas Gunderse n has proved by clear and convincing evidence her
the conduct with malice, oppression or fraud. that Paul Betenbaugh engaged in
Yes or No Ves
Presiding Juror Fi{Z,
Date
Preview
DANIEL V. KOHLS (SBN 167987) LEIGHTON B. KOBERLEIN (SBN 252891) HANSEN, KOHLS, SOMMER & JACOB, LLP Cc 2z2mrqg O 1520 EUREKA ROAD, SUITE 100 NOV -7 2023 U N ROSEVILLE, CALIFORNIA 95661 T Y TELEPHONE: (916) 781-2550 LGRKKOFOF THETHE SUPE SUPER FOR COUR : GEgR FACSIMILE: (916) 781-5339 EMAIL: dkohls@hansenkohls.com EMAIL: lbkoberlein@hansenkohls.com OW Attorneys for Defendants GURNEE MASON YN RUSHFORD BONOTTO & FORESTIERE, LLP, PHILLIP R. BONOTTO and TRACY W. FRITCH- oo THYME SUPERIOR COURT OF CALIFORNIA HANSEN, KOHLS, SOMMER & JACOB, LLP FOR THE COUNTY OF GLEN PAUL BETENBAUGH, an individual, Case No. 22CV02982 Plaintiff, REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS GURNEE V. MASON RUSHFORD BONOTTO & FORESTIERE, LLP, PHILLIP R. SAFECO INSURANCE COMPANY OF BONOTTO AND TRACY W. FRITCH- AMERICA, a New Hampshire corporation; THYM’S MOTION TO TRANSFER GURNEE MASON RUSHFORD BONOTTO VENUE & FORESTIERE, LLP, a California limited liability partnership; PHILLIP R. BONOTTO, Date: December 6, 2023 an individual; TRACY W. FRITCH-THYME, Time: 2:30 p.m. an individual; DOES 1—25, inclusive Dept: 2 Defendants. Complaint Filed: 09/16/2022 Defendants GURNEE MASON RUSHFORD BONOTTO & FORESTIERE, LLP, PHILLIP R. BONOTTO and TRACY W. FRITCH-THYME request that in considering its Motion to Transfer Venue, the Court take Judicial Notice of the following documents, which are attached herewith. EXHIBIT A: Complaint in this action filed on September 16, 2022. MI MM XE 00033806.1 gh REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO TRANSFER VENUE wo 4 I. AUTHORITY FOR JUDICIAL NOTICE Evidence Code section 452 provides the authority for this Court to take judicial notice of the identified documents. In relevant part, that statute provides: “Judicial notice may be taken of the following matters to the extent that they are not embraced within Section 451: ND (d) Records of (1) any court of this state or (2) any court of record of the United States or of any state of the United States. ... eo (h) Facts and propositions that are not reasonably subject to dispute and are capable o 10 of immediate and accurate determination by resort to sources of reasonably indisputable accuracy. HANSEN, KOHLS, SOMMER & JACOB, LLP 11 12 Based upon the foregoing, this Court is respectfully requested to take judicial notice of the 13 aforementioned documents. 14 15 Dated: October 25, 2023 HANSEN, KOHLS, SOMMER & JACOB, LLP 16 17 By: Ke —— DANIEL V. KOHLS 18 LEIGHTON B. KOBERLEIN Attorneys for Defendants GURNEE MASON 19 RUSHFORD BONOTTO & FORESIERE, LLP, PHILLIP R. BONOTTO and TRACY W. 20 FRITCH-THYM 21 22 23 24 25 26 27 28 00033806. 1 -2- REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO TRANSFER VENUE PROOF OF SERVICE I am a citizen of the United States and am employed within the county aforesaid; I am WN over the age of eighteen years and not a party to the within action; my business address is 1520 Eureka Road, Suite 100, Roseville, California 95661. WwW On the date indicated below, I served the within copy (or copies) of the following: F&F REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS GURNEE NA MASON RUSHFORD BONOTTO & FORESTIERE, LLP, PHILLIP R. BONOTTO AND TRACY W. FRITCH-THYM’S MOTION TO TRANSFER VENUE A on the interested parties in said action addressed as follows: Y Attorney for Plaintiff Paul Betenbaugh oo Ognian A. Gavrilov GAVRILOV & BROOKS 10 2315 Capitol Avenue Sacramento, CA 95816 HANSEN, KOHLS, SOMMER & JACOB, LLP 11 Phone: (916) 504-0529 Facsimile: (916) 727-6877 12 Ognian@gavrilovlaw.com 13 Attorneys for Safeco Insurance Company of America 14 Frank Falzetta Robert A. Sanders 15 SHEPPARD, MULLIN RICHTER & I-[AMPTON LLP 333 South Hope Street, 43rd Floor 16 Los Angeles, CA 90071 Phone: (213) 620-1780 17 Facsimile: (213) 620-1398 ffalzetta@sheppardmullin.com 18 rsanders(@sheppardmullin.com 19 Jeffrey S. Crows SHEPPARD, MULLIN, RICHTER &HAMPTON LLP 20 650 Town Center Drive, 10th Floor Costa Mesa, California 92626 21 Phone: (714) 513-5100 Facsimile: (714) 513-5130 22 jcrowe(@sheppardmullin.com 23 > (XX) BY MAIL -- by placing a true copy thereof enclosed in an envelope addressed as set forth above. I am readily familiar with this office's practice whereby the mail 24 is sealed, given the appropriate postage and placed in a designated mail collection 25 area. Each day's mail is collected and deposited in a United States mailbox after the close of each day's business. 26 > ( ) BY OVERNIGHT DELIVERY -- by placing a true copy thereof enclosed in a 27 sealed envelope, with delivery fees paid or provided for, in a designated area for outgoing overnight mail, addressed as set forth above. In the ordinary course of 28 00033806. 1 -3- REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO TRANSFER VENUE business mail placed in that designated area is picked up that same day for delivery in the following business day > (XX) BY EMAIL -- by emailing a true copy thereof to the email addresses set forth above. I did not receive, within a reasonable time after transmission, any electronic message or other indication that the transmission was unsuccessful. - I declare under penalty of perjury under the laws of the State of California that the NN foregoing is true and correct. Executed on October 25, 2023, at Roseville, California. HN A NN (Susi€ Schiele “% Oo Co 10 11 HANSEN, KOHLS, SOMMER & JACOB, LLP 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 00033806. 1 -4- REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO TRANSFER VENUE Exhibit A (fcopy Ognian A. Gavrilov, SBN 258583 GAVRILOV & BROOKS CONFORMED 2315 Capitol Avenue 1) Ce: Tracy Fritch-Thym ; erika. gaspar.law@gmail.com; John Garner ; Kristina Spears ; Larina Falcona Subject; RE: Gundersen v Betenbaugh et al. Mr. Bonotto, My responses to you were not rooted in arrogance or absence of professional courtesy. | have an affirmative duty to my client to make sure | have you and the insurance carrier properly set up for malpractice and bad faith should things go sideways for you in trial. You are an experienced trial attorney, so you must know the result of this case is wildly unpredictable on both sides and | can just as easily leave the court with a $20M verdict against your client or with a number that | won’t like. The last time | popped a policy the insurance carrier (Liberty Mutual) hired Blake Russum from Ropers Majeski to tell me how | didn’t properly open the policy and didn’t properly set up the attorney. The carrier ultimately paid the full judgment but not until | had to waste time by garnishing wages, filing liens, and setting up the debtor’s examination. The bottom line is that while you may not like the e-mails | sent, they are all within bounds and they are meant to document your office’s and the insurance carrier’s actions in case the carrier takes the position that they do not wish to pay the judgment. Sincerely, Ognian Gavrilov Managing Partner GAVRILOV & BROOKS 2315 Capitol Avenue Sacramento, CA 95816 Phone: (916) 504-0529 Fax: (916) 473-5870 www. gavriloviaw.com From: Phil Bonotto Sent: Thursday, July 22, 2021 9:00 AM To: Ognian Gavrilov Ce: Tracy Fritch-Thym ; erika.gaspar.law@gmail.com; John Garner ; Kristina Spears ; Larina Falcona Subject: RE: Gundersen v Betenbaugh et al. Mr. Gravilov Thank you for your email. It is noted through counsel, Mr. Gundersen has rejected our CCP section 998 settlement offer of $150,001. Please note, | would not be so arrogant to attempt to tell you how to handle your case, and | would appreciate the professional courtesy of you not attempting to instruct me how to handle our case. Thanks---Phil Phillip R. Bonotto, Esq. | GURNEE 68 MASON | @& RUSHFORD BONOTTO & ae FORESTIERE LLP 2240 Douglas Boulevard, Suite 150 Roseville, CA 95661 (916) 797-3100 - office (916) 797-3131 - fax pbonotto@gurneelaw.com NOTICE OF CONFIDENTIALITY The information contained in this e-mail is information protected by attorney-client and/or the attorney work privilege. This communication is intended ONLY for the recipient(s) identified in the message, and may contain information that is confidential, privileged, or otherwise protected by law. If you are not the intended recipient, you are notified that any disclosure, copying, distribution or the taking of any action in reliance on this communication is strictly prohibited. If you are not the intended recipient, please immediately delete this communication and destroy any copies and notify the sender by responsive e-mail or by telephone at (916) 797- 3100. From: Ognian Gavrilov Sent: Wednesday, July 21, 2021 2:41 PM To: Phil Bonotto Ce: Tracy Fritch-Thym ; erika.gaspar.law@gmail.com; John Garner ; Kristina Spears ; Larina Falcona Subject: RE: Gundersen v Betenbaugh et al. Dear Mr. Bonotto: Your 998 is rejected. More importantly, let me clear up your confusion because | am keenly aware that your office is not trained in insurance bad faith and legal malpractice. Civil Code 2860 can only be circumvented if the carrier agrees there is no reservation of rights, that they will pay all damages, including punitive damages, and there is no other conflict of interest. While the carrier gets to avoid bad faith if the aforementioned issues are resolved (which is highly doubtful here), your office, on the other hand, has competing ethical and legal duties that are not subject to waiver. For example, your office is clearly beholden to the insurance carrier and the carrier’s desire to gamble cannot be reconciled with your client’s desire to avoid public humiliation from the sizable punitive damages award that is coming his way. Speaking of punitive damages, | get to examine your client’s financial condition on the stand, which is a problem for you because | will get to ask him if he has valued the malpractice case against your firm and the bad faith case against the carrier. It is also your independent duty to inform your client that it is my practice to collect the excess verdict directly from the defendant when | pop a policy at trial. In other words, | do not accept bad faith assignments. If a defendant files bankruptcy, | then take the insurance bad faith and attorney malpractice cases from the bankruptcy trustee on contingency. On a final note, please understand that | am not sending you this correspondence because | want to aggravate you or be obnoxious. | need to make sure that you and the carrier are on full notice so there are no excuses on the back end. Sincerely, Ognian Gavrilov Managing Partner GAVRILOV & BROOKS 2315 Capitol Avenue Sacramento, CA 95816 Phone: (916) 504-0529 Fax: (916) 473-5870 www.gavriloviaw.com From: Phil Bonotto Sent: Wednesday, July 21, 2021 1:54 PM To: Ognian Gavrilov Ce: Tracy Fritch-Thym ; erika.gaspar.law@gmail.com; John Garner ; Kristina Spears ; Larina Falcona Subject: RE: Gundersen v Betenbaugh et al. Mr. Gavrilov | am confused by your e-mail and the settlement demand. You indicate you will settle with Mr. Betenbaugh for $5 million and then go on to indicate you will settle for Mr. Betenbaugh’s maximum insurance policy coverage identified by you at $2 million. As identified in discovery, Mr. Betenbaugh’s policy limits total $1.5 Million ($500,000 homeowners policy and a $1 million umbrella). Whether Plaintiff’s demand is 55 million, $2 million or even the $1.5 million (the actual coverage), my client rejects Plaintiff’s settlement demand. However, in response to the demand, attached please find a CCP 998 settlement offer in the amount of $150,001. At this point, both my client and his insurance carrier are prepared to try the case against that settlement offer. Separately, we disagree with your interpretation of Ca. Civ. Code 2860. Furthermore, any rights, obligations, or duties if any exist contained in Ca. Civ. Code 2860 are between Mr. Betenbaugh and his insurance carriers and do not involve plaintiff. Regardless, my firm is the sole representation in this matter on behalf of Mr. Betenbaugh. Accordingly, please direct all communications you have for Mr. Betenbaugh through my office. Thanks---Phil Phillip R. Bonotto, Esq. : GURNEE MASON RUSHFORD BONOTTO & © G@ FORESTIERE LLP 2240 Douglas Boulevard, Suite 150 Roseville, CA 95661 (916) 797-3100 - office (916) 797-3131 - fax pbonotto@gurneelaw.com NOTICE OF CONFIDENTIALITY The information contained in this e-mail is information protected by attorney-client and/or the attorney work privilege. This communication is intended ONLY for the recipient(s) identified in the message, and may contain information that is confidential, privileged, or otherwise protected by law. If you are not the intended recipient, you are notified that any disclosure, copying, distribution or the taking of any action in reliance on this communication is strictly prohibited. If you are not the intended recipient, please immediately delete this communication and destroy any copies and notify the sender by responsive e-mail or by telephone at (916) 797- 3100. From: Ognian Gavrilov Sent: Monday, July 19, 2021 3:07 PM To: Phil Bonotto Ce: Tracy Fritch-Thym ; erika.gaspar.law@gmail.com; John Garner Subject: Gundersen v Betenbaugh et al. Dear Mr. Bonotto: My client has authorized me to settle the case against Mr. Betenbaugh for $5M or Mr. Betenbaugh’s maximum policy limits (which | am informed are $2M). This offer expires July 26, 2021. In the interim, please provide me with the name of Mr. Betenbaugh’s Cumis counsel. As we both know, Civil Code section 2860(b) makes Cumis counsel mandatory in cases where the carrier is defending under reservation of rights. Thank you, Ognian Gavrilov Managing Partner GAVRILOV & BROOKS 2315 Capitol Avenue Sacramento, CA 95816 Phone: (916) 504-0529 Fax: (916) 473-5870 www.gavriloviaw.com CONFIDENTIALITY NOTICE: Privileged and Confidential. Attorney-Client Communication & Attorney Work Product. This communication and accompanying document are confidential and privileged. They are intended for the sole use of the addressee. If you receive this transmission in error, you are advised that any disclosure, copying, distribution, or the taking of any action in reliance upon the communication is strictly prohibited. Moreover, any such inadvertent disclosure shall not compromise or waive the attorney-client privilege as to this communication or otherwise. If you have received this communication in error, please contact me at the above Internet address or by telephone at (877) 220-5315. Thank you. CONFIDENTIALITY NOTICE: Privileged and Confidential. Attorney-Client Communication & Attorney Work Product. This communication and accompanying document are confidential and privileged. They are intended for the sole use of the addressee. If you receive this transmission in error, you are advised that any disclosure, copying, distribution, or the taking of any action in reliance upon the communication is strictly prohibited. Moreover, any such inadvertent disclosure shall not compromise or waive the attorney-client privilege as to this communication or otherwise. If you have received this communication in error, please contact me at the above Internet address or by telephone at (877) 220-5315. Thank you. EXHIBIT 2 VERDICT FORM F i L, E D s 5 PAUL BETENBAUGH 5 | SEP 01 202] & N Y IRT W € answer wer the the q questionns submittedtoo us us asas follows fol o : IScv0 ageh) ( 1) Was the conduct of Paul Betenbaugh Intemet Impersonation? Yes or No Ves iro 2) Was the conduct of Paul Betenbaugh: Defamation OR False Light OR Negligent Infliction of Emotional Distress OR Intentional Infliction of Emotional Distress? Yes or No Yes 1Z-O If you answered Yes to Question #1 or 2, please answer Questi on #3. If you answered No to both Questions #1 and #2, answer no further questions and sign and date this Verdict Form 3) Did Dalas Gundersen suffer damage as a result of the conduct of Paul Betenbaugh? Yes or No Yes ZO 4) Was the conduct of Paul Betenbaugh a substantial factor in causing harm to Dalas Gundersen? Yes or No Yes [t-O If you answered Yes to Question #4, please answer Question #5. If you answered No to this question, answer no further Questions and Sign and date this Verdict Form, 5) What is the amount of reasonable damages suffered by Dalas Gunder son because of Paul Betenbaugh’s conduct? Past noneconomic loss, including loss to reputation, standing in the community mental suffering, anxiety, humiliation, emotional distress: $ S PAELEZO Future noneconomic loss, including loss to reputation, standing in the community mental suffering, anxiety, humiliation, emotional distress: § S MILCEON « s If you entered an amount in response to Ques tion #5, please answer Question #6. If you insert an amount in your answer to the did not previous question, answer no further quest and date this Verdict Form. ions and sign 6) If you decide that Paul Betenbaugh cause d Dalas Gundersen harm, you must decid that conduct justifies an award of punitive e whether damages. At this time, you must decide whet Dalas Gunderse n has proved by clear and convincing evidence her the conduct with malice, oppression or fraud. that Paul Betenbaugh engaged in Yes or No Ves Presiding Juror Fi{Z, Date