Preview
E-FILED
Patrick Fourchy SBN 148892 6/10/2024 2:49 PM
LAW OFFICES OF PATRICK FOURCHY Superior Court of California
2 3716 North First Street County of Fresno
Fresno, CA 93726 By: A. Hoffman, Deputy
(559) 225-8324
Attorney for Petitioners, VONG YANG and MINDY HER
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
SPECIAL PROCEEDINGS UNDER-INSURED MOTORIST ARBITRATION
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l0 VONG YANG; MINDY HER; CASE NO.: 24CECG02488
ll Petitioners, DECLARATION OF ATTORNEY
PATRICK FOURCHY IN SUPPORT OF
12 VS. PETITION TO COMPEL UNDER-
INSURED MOTORIST ARBITRATION
13 LIBERTY MUTIJAL INSURANCE
COMPANY; and DOES 1-20; DATE:
l4 TIME:
Respondent. DEPT:
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17 I, Patrick Fourchy, declare as follows:
18 1. I am an attorney at law licensed to practice in the State of California, and I represent
19 the Petitioners VONG YANG and MINDY HER, in this action. This Declaration is made from my
20 own personal knowledge, and if called to testify concerning this Declaration, l could and would do so
21 competently.
22 2. On September 14, 2021, a Demand for Under-Insured Motorist Arbitration was
23 mailed out certified mail, return receipt requested, to LIBERTY MUTUAL INSURANCE
24 COMPANY, P.O. Box 515097, Los Angeles, CA 90051-5097. My office received the return receipt
25 signed by Jessica Yachwak, on behalf of LIBERTY MUTUAL INSURANCE COMPANY. An
26 adjuster for the insurance company also acknowledged receipt of the Demand for Arbitration, and the
27 matter has since been sent out to counsel. Counsel for LIBERTY MUTUAL INSURANCE
28 COMPANY has been attorney Luciana Gadwah, Esq., and Lily Blake, Esq. at Santana, Vierra,
Stevenson & Harris. To date, Respondents have not agreed t0 set an arbitration date.
2 3. Attached as Exhibit 'A' is true and correct copy of Petitioners' Declaration Page.
4. Attached as Exhibit 'B' is true and correct copy of the DEMAND FOR UNDER-
INSURED MOTORIST ARBITRATION and return receipt received following service of the
5 DEMAND FOR UNDER-INSURED MOTORIST ARBITRATION.
5. Attached as Exhibit "C" is true and correct copy of numerous letters requesting
Arbitration take place as soon as possible and advising the attorney and adjuster that the delays in this
claim are unacceptable.
9 6. Petitioners have been diligent in pursuing their claims. Petitioners have provided to
10 Respondent verified discovery responses to written discovery. Petitioners have made themselves
ll available for deposition. Petitioners have made themselves available for physical exam.
12 7. I have made numerous phone calls to attorneys for LIBERTY MUTUAL to set this
l3 matter for arbitration and have been unable to get a date set.
l4 I declare under penalty of perjury the foregoing to be true and correct.
15 Executed this day of June, 2024, in Fresno, California.
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17 Patrick FouI'chy
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PROOF OF SERVICE
I, Stacey Andersen, certify and declare as follows:
3 I am over the age of(1 8) years and not a party to this action. My business address is 1625
E. Shaw Avenue, Suite 148, Fresno, California, which is located in the county where the mailing described
below took place.
On June , 2024, I served a copy of the attached document, DECLARATION OF
ATTORNEY PATRIC FOURCHY, by placing a true copy thereof enclosed in sealed envelopes
addressed as follows:
SEE SERVICE LIST
8
9 X BY MAIL: readily familiar with the business' practice for collection and processing of
correspondence for mailing, and that correspondence, with postage thereon fully prepaid, will be
lO deposited with the United States Postal Service on the date noted below in the ordinary course
of business, at Fresno, California.
ll
BY PERSONAL SERVICE: I caused such envelopes to be delivered by hand to the office(s)
12 of the addressee(s).
l3 BY OVERNIGHT COURIER: I caused the above-referenced envelope(s) to be delivered
to an overnight courier service for delivery to the addressee(s).
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BY FACSIMILE: I caused the above-referenced document to be delivered by facsimile to the
15 facsimile number(s) of the addressee(s).
l6 X _
BY E-MAIL: I caused the above-referenced document to be scanned into a pdf format and
emailed to the above authorized E-mail address with a hyperlink at which the served document
17 may be viewed and downloaded.
18 I certify and declare under penalty of per'ury under the fiws ofthe State of California that
the foregoing is true and correct. Executed this '_day of , 2024, at
l9 Fresno, California.
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21 Stacey Anderse
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SERVICE LIST
2
Lily Blake, Esq.
Santana, Vierra, Stevenson & Harris
PO Box 721 8
London, KY 40742-7218
(818) 746-4196
Lilv.Blake@libertvmutua1.com
sfmail@libertvmutual.com
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EXHIBIT A
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.3
your Report a Claim:
or
LibereyMutuaLcamlmwame
ACTION REQUlRED:
LEASE REVlEW AND KEEP FOR YGUR RECORDS
Policy Declarations :
Total Annual Premium: $5.845.75
Your discounts and benefits have been applied. Includes state sales tax and local surcharge where applicable.
......L
insurance Informatics:
Named _ Mindy Her Policy Numbar: Aoz-261-133169-ao 1
Vang Yang
Addrea Policy Patina: 10l0212021-10162/2023 1 2:01 mm.
standard time at the addrass oftha
Named Imam!
Declarations Effective: 10/02/2021
Affinity Affiliation: Fresno State Alumni Assonléa'on
MAKE MODEL
1 CAMRY 471M46K87U524532
TovofA NNDRA
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PREMIUM PER VEH16LE
2007
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TOYOTA TOYOTA
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$352 $485
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COVERAGE LIMITS PREMIUM FERN/EHIGLE
van 1 van 2 van 3 4
2001 2005 2093 2019
TOYOTA TOYOTA MERCEDE TGIOTA ;
CAME? TUNDRA cmsso HIGHLAN
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Collision Not Not $403
Actual Cash Value qus Purchased Purchased"
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mm Than Not Not 3103
Actual Cash Value Purchasad"
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Véh 1 Veh 3 $100
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Bodily 9 250390 Each Person Yea
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Accident
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Amom YOU 35 6
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EXHIBIT B
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Patrick Fourchy SBN 148892
LAW OFFICES OF PATRICK FOURCHY
2 3716 North First Street
Fresno, CA 93726
3 (559) 225-8324
Attorney for Petitioners, VONG YANG and MINDY HER
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
9 SPECIAL PROCEEDINGS -
UNDER-INSURED MOTORIST ARBITRATION
10 VONG YANG; MINDY HER; CASE NO.: UNASSIGNED
ll Petitioners, DEMAND FOR UNDER-INSURED
MOTORIST ARBITRATION
12 vs.
l3 LIBERTYMUTUAL INSURANCE COMPANY; )
and DOES 1-20; )
14 )
Respondents. )
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16 Petitioners, VONG YANG and MINDY HER, and hereby
COMES NOW,
l7 demand UIM Arbitration under the terms of the policy of automobile
l8 insurance in effect at time of the accident of November 24, 2019.
l9 Said policy was issued. by Respondents and affords coverage to
20 Petitioner. (Reference Liberty Mutual Insurance motor vehicle
21 insurance claim #PDOOO-04l466050-03.)
22 Dated:
23
24 Patrick Fourchy, Atto ney for
25
Petitioners, Vong Ya g and
Mindy Her
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1 PROOF OF SERVICE
(Business Practice to Entrust Deposit to Others)
2 [CCP Section 1013a(3)]
3 I, Stacey Andersen, certify and declare as follows:
4 I
over the age of (18) years and not a party to this
am
action. business address is 3716 N. First Street, Fresno, CA
My
5 93726, which is located in the county where the mailing and delivery
described below took place.
6
I
am readily familiar with the business practice at
my
7 place of business for collection and processing of correspondence
for mailing with the United States Postal Service.
8 so collected and processed is deposited with the Correspondence
United States
Postal Service that same day in the ordinary course of business.
On
September 2021, at my place of business in
10 Fresno, California, I served a copy of the attached document, DEMAND
FOR UNDER-INSURED MOTORIST ARBITRATION, as follows:
11
SEE ATTACHED SERVICE LIST
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x BY MAIL: I am readily familiar with the
CERTIFIED
13 business' practice for collection and processing of
correspondence for mailing . A true copy of that
14 correspondence is placed in a sealed envelope, with
postage thereon fully prepaid, and is deposited with the
15 United States Postal Service on the date noted below in
the ordinary course of business, at Fresno, California
16
BY PERSONAL SERVICE : I caused such envelopes to be
17 delivered by hand to the office(s) of the addressee(s).
18 BY OVERNIGHT COURIER: I caused the above-referenced
envelope(s) to be delivered. to an overnight courier
19 service for delivery to the addressee(s)-
20 BY FACSIMILE: I caused the above-referenced document to
be delivered by facsimile to the facsimile number(s) of
21 the addressee(s).
22 BYE-MAIL: I caused the above-referenced document to
be scanned into a pdf format and emailed to the above
23 authorized E-mail address with a hyperlink at which the
served document may be viewed and downloaded.
24
I certify and declare under penalty of perjury under
25 the laws of the State of California that the foregoing is true
and correct.
26
EXECUTED this / of September, 2021.
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1234567009 SERVICE LIST
Certified Mail
UIM Claims Department
Liberty Mutual Insurance
Company
P.O. BOX 515097
Los Angeles, CA 90051-5097
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SENDER: COMPLETE THIS SECTION
COMPLETE THIS SECTION ON DELI
I Complete items 1, 2, and 3. A. Signature
VERY
Print your name and address
on the reverse
so that we can return the card to
you.
X Jessica Yachu/ak BAgent
Attach this card to the back of the El Addresses
ilpiece, B. Received byJP
or on the front if space ghted Name) C. Date of Delivety
perm its.
1. Article Addressed to:
D. Is delivery addresé different
If YES. enter deliv
from Item 1? D Yes
ery adgress below: DNo
:
0A
3. Service Type
El Adult Signature El Priority Mail Exprese®
El Adult Signature Restricted El Registered MaiiTM
Delivery El Registered Mail Restricted
ertified Mail®
9590 9402 6717 1060 0527 El Certified Mail Restricted Delivery
59 D Collect on Delivery El Signature Confirmation"
2. Article Number (Transfer from servi El Signature Confirmation
ce label) El Collect on Delive Restricted
ry Delivery Restricted Delivery
700E: BHSD 0000 fiured Mali
1. teen ured Mall Restricted
Ier $500) Delivery
: PS Form 3811,July 2020 PSN 7530
-02-000-9053
Domestic Return Rece
ipt
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EXHIBIT C
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Law Office of
Patrick Fourchy
1625 E. Shaw Avenue, Suite 148 (559)225..8324
Patrick@fourchy.corn FAX (559)22 5- 0646
Fresno, California 93710
July 24, 2023
Attn: Shanna Knott
Liberty Mutual Insurance Company
PO. Box 5014
Scranton, PA 18505-5014
Re: Our clients :
Vong Yang; Miiidy
Your insured : Same
Date of Loss : November 24, 2019
Claim No. : PDOOO-04l466050-03
Dear Ms. Knott:
I was advised that this matter was going to be sent to counsel for arbitration. To date,
we have not heard or received any correspondence or documents from counsel. Please immediately
inform my office of the name, address, and phone number of the handling attorney. Thank you very
much.
Sincerely,
Patrick Fourchy
PF/sra
Law Office of
Patrick Fourchy
1625 E. Shaw Avenue, Suite 148 (559) 225-8324
Patrick@fourchy.com
Fresno. California 93710 FAX (559) 225 0646
August 7, 2023
Certified Mail
Return Receipt Requested
,Shanna.l$nott@LibertyMutual.com
Attn: Shanna Knott
Liberty Mutual Insurance Company
P.O. BOX 5014
Scranton, PA 18505-5014
Re: Our clients : Vong Yang; Mindy Her
Your insured : Same
Date of Loss : November 24, 2019
Claim No. : PDOOO-04l466050-03
Dear Ms. Knott:
We have not yet received any response from an attorney handling this matter. It has
been an unreasonable delay. I am demanding that we arbitrate this matter within 120 days. I am
suggesting the following individuals for Arbitrator:
Michael Czeshinski, Esq.
James Dilling, Esq.
David Moeck, Esq.
Please let me know who you would like to use as Arbitrator within ten days so that
I can get the mattei'scheduled. Thank you very much.
Sincerely,
Patrick F ourchy
PF/sra
Law Office 0f
Patrick Fourchy
1625 E. Shaw Avenue, Suite 148 (559) 225-8324
Patrick@fourchy.com FAX
Fresno, California 93710 (559) 225-0646
August 21, 2023
Shanna.Knott@LibertvMutual.com
Arm: Shanna Knott
Liberty Mutual Insurance Company
P.O. BOX 5014
Scranton, PA 18505-5014
Re: Our clients : Vong Yang; Mindy Her
Your insured : Same
Date of Loss : November 243 2019
Claim No. : PDOOO~041466050-03
Dear Ms. Knott:
I have discussed this case with my clients and we are not in a
position. to negotiate our prior
demand at this time. We were previously contacted by an attorney but no written contact
information has
ever been provided. Please have counsel respond forthwith and let me know which of
the three arbitrators
provided you are willing to have arbitrate this matter. Thank you very much.
Sincerely,
Patrick Fourchy
PF/sra
Law Office of
Patrick Fourchy
1625 E. Shaw Avenue. Suite 148 (559) 225-8324
Patrick@fourchy.com
Fresno. California 93710 FAX (559) 225-0646
November 21, 2023
Luciana Roble, Esq.
Santana, Vierra, Stevensori & Harris
PO BOX 7218
London, KY 40742-72 8 1
Re: Her v. Liberty Mutual Insurance Company, et al
Dear Ms. Roble:
Please be advised that Mr. Dilling has indicated he no
longei does arbitration matters
and only does mediations. We will need to a new Arbitrator. I am David
recommending Moeck
ofMoeck Mediation. Ifyou have someone else in mind, please let me know. Thank
you very much.
Sincerely.
Patrick Fourchy
PF/sra
Law Office of
Patrick Fourchy
1625 E. Shaw Avenue, Suite 148 (559) 225-8324
Patrick@fourchy.com FAX
Fresno, California 93710 (559) 225-0646
March 4, 2024
Via Email: Luciana.R0ble@libertymutual.com
Via Email: SFMail@libertymutual.com
Luciana Roble, Esq.
Santana, Vierra, Stevenson & Harris
PO Box 7218
London, KY 40742-7218
Re: Mindy Her V. Liberty Mutual Insurance Company, et a1
Dear Ms. Roble:
Herewith find copy of a previous letter dated November 21, 2023, more than 3
months ago! We still have not received a response. In the interim, l have provided you with
voluminous discovery request responses to which you indicated you would review and contact our
office. To date, we have not heard from you regarding an Arbitrator or other resolution of this
matter. Please contact my office within one week regarding the potential arbitrator' s in the letter and
any others you might be willing to use. Thank you very much.
Sincerely,
Patrick Fourchy
PF/sra
Encl.
Law Office of
Patrick Fourchy
1625 E. Shaw Avenue. Suite 148 (559) 225-8324
Patrick@fourchy.com
Fresno, California 9371, 0 FAX (559) 225-0646
March 18' 2024
Via Email: Luciana.Roble@libertymutuaI.com
Via Email: SFMail@libertvmutual.com
Luciana Gadwah, Esq.
Santana, Vierra, Stevenson & Harris
PO Box 7218
London, KY 40742-721 8
Re: Mindy Her v. Liberty Mutual Insurance Company, et a1
Dear Ms. Gadwah:
The clients, your insured, have been available deposition for more than a year.
This has been a deliberate delay ofthis claim. My clients are currently available May
17,21,30, or
May 315'. Please let me know if one of these dates is available and we will hold it for their
depositions. Please provide me with dates for Arbitration in late August. Thank you very much.
Sincerely,
:
Patrick Fourchij"'
PF/sra
Law Office of
Patrick Fourchy
1625 E. Shaw Avenue" Suite 148 (559) 225-8324
Patrick@fourchy.com
Fresno, California 93710
FAX ( 5 5 9) 225-0646
March 22, 2024
Via Email: Luciana.Roble@libertvmutualxom
Via Email: SFMail@libertvmutual.com
Luciana Gadwah, Esq.
Santana, Vierra. Stevenson & Harris
PO Box 7218
London, KY 40742-7218
Re: Mindy Her v. Liberty Mutual Insurance Company, et al
Dear Ms. Gadwah:
On Monday, we provided your office with dates for our client's deposition and
requested dates for Arbitration in late August. To date, I have not heard back from your office.
Please respond to this letter by the end of the day. Thank you very much.
Sincerely,
Patrick Fourchy
PF/sra
Law Office of
Patrick Fourchy
1625 E. Shaw Avenue. Suite 148 (559) 225-8324
Patrick@fourchy.com
Fresno, California 93710 FAX (559) 225-0646
March 22, 2024
Via Email: Luciana.Roble@libertvmutual.com
Via Email: SFMail@libertvmutual.com
Luciana Gadwah, Esq.
Santana, Vierra, Stevenson & Harris
PO Box 7218
London, KY 40742-7218
Re: Mindy Her v. Liberty Mutual Insurance Company, et a1
Dear Ms. Gadwah:
Please be advised Judge Simpson has availability for Arbitration on August 20,21, 22, 27,
28, and 29, 2024. Please let me know ifyou are available on any of these dates so that we can get the
arbitration scheduled. Please respond within one week. Thank you very much.
Sincerely,
PF/sra
.urchy rick F
Preview
E-FILED Patrick Fourchy SBN 148892 6/10/2024 2:49 PM LAW OFFICES OF PATRICK FOURCHY Superior Court of California 2 3716 North First Street County of Fresno Fresno, CA 93726 By: A. Hoffman, Deputy (559) 225-8324 Attorney for Petitioners, VONG YANG and MINDY HER SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO SPECIAL PROCEEDINGS UNDER-INSURED MOTORIST ARBITRATION - l0 VONG YANG; MINDY HER; CASE NO.: 24CECG02488 ll Petitioners, DECLARATION OF ATTORNEY PATRICK FOURCHY IN SUPPORT OF 12 VS. PETITION TO COMPEL UNDER- INSURED MOTORIST ARBITRATION 13 LIBERTY MUTIJAL INSURANCE COMPANY; and DOES 1-20; DATE: l4 TIME: Respondent. DEPT: 15 16 17 I, Patrick Fourchy, declare as follows: 18 1. I am an attorney at law licensed to practice in the State of California, and I represent 19 the Petitioners VONG YANG and MINDY HER, in this action. This Declaration is made from my 20 own personal knowledge, and if called to testify concerning this Declaration, l could and would do so 21 competently. 22 2. On September 14, 2021, a Demand for Under-Insured Motorist Arbitration was 23 mailed out certified mail, return receipt requested, to LIBERTY MUTUAL INSURANCE 24 COMPANY, P.O. Box 515097, Los Angeles, CA 90051-5097. My office received the return receipt 25 signed by Jessica Yachwak, on behalf of LIBERTY MUTUAL INSURANCE COMPANY. An 26 adjuster for the insurance company also acknowledged receipt of the Demand for Arbitration, and the 27 matter has since been sent out to counsel. Counsel for LIBERTY MUTUAL INSURANCE 28 COMPANY has been attorney Luciana Gadwah, Esq., and Lily Blake, Esq. at Santana, Vierra, Stevenson & Harris. To date, Respondents have not agreed t0 set an arbitration date. 2 3. Attached as Exhibit 'A' is true and correct copy of Petitioners' Declaration Page. 4. Attached as Exhibit 'B' is true and correct copy of the DEMAND FOR UNDER- INSURED MOTORIST ARBITRATION and return receipt received following service of the 5 DEMAND FOR UNDER-INSURED MOTORIST ARBITRATION. 5. Attached as Exhibit "C" is true and correct copy of numerous letters requesting Arbitration take place as soon as possible and advising the attorney and adjuster that the delays in this claim are unacceptable. 9 6. Petitioners have been diligent in pursuing their claims. Petitioners have provided to 10 Respondent verified discovery responses to written discovery. Petitioners have made themselves ll available for deposition. Petitioners have made themselves available for physical exam. 12 7. I have made numerous phone calls to attorneys for LIBERTY MUTUAL to set this l3 matter for arbitration and have been unable to get a date set. l4 I declare under penalty of perjury the foregoing to be true and correct. 15 Executed this day of June, 2024, in Fresno, California. 16 17 Patrick FouI'chy 18 19 20 21 22 23 24 25 26 27 28 2 PROOF OF SERVICE I, Stacey Andersen, certify and declare as follows: 3 I am over the age of(1 8) years and not a party to this action. My business address is 1625 E. Shaw Avenue, Suite 148, Fresno, California, which is located in the county where the mailing described below took place. On June , 2024, I served a copy of the attached document, DECLARATION OF ATTORNEY PATRIC FOURCHY, by placing a true copy thereof enclosed in sealed envelopes addressed as follows: SEE SERVICE LIST 8 9 X BY MAIL: readily familiar with the business' practice for collection and processing of correspondence for mailing, and that correspondence, with postage thereon fully prepaid, will be lO deposited with the United States Postal Service on the date noted below in the ordinary course of business, at Fresno, California. ll BY PERSONAL SERVICE: I caused such envelopes to be delivered by hand to the office(s) 12 of the addressee(s). l3 BY OVERNIGHT COURIER: I caused the above-referenced envelope(s) to be delivered to an overnight courier service for delivery to the addressee(s). l4 BY FACSIMILE: I caused the above-referenced document to be delivered by facsimile to the 15 facsimile number(s) of the addressee(s). l6 X _ BY E-MAIL: I caused the above-referenced document to be scanned into a pdf format and emailed to the above authorized E-mail address with a hyperlink at which the served document 17 may be viewed and downloaded. 18 I certify and declare under penalty of per'ury under the fiws ofthe State of California that the foregoing is true and correct. Executed this '_day of , 2024, at l9 Fresno, California. 20 21 Stacey Anderse 22 23 24 25 26 27 28 SERVICE LIST 2 Lily Blake, Esq. Santana, Vierra, Stevenson & Harris PO Box 721 8 London, KY 40742-7218 (818) 746-4196 Lilv.Blake@libertvmutua1.com sfmail@libertvmutual.com 6 9 l0 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 6 l0 11 12 EXHIBIT A 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .3 your Report a Claim: or LibereyMutuaLcamlmwame ACTION REQUlRED: LEASE REVlEW AND KEEP FOR YGUR RECORDS Policy Declarations : Total Annual Premium: $5.845.75 Your discounts and benefits have been applied. Includes state sales tax and local surcharge where applicable. ......L insurance Informatics: Named _ Mindy Her Policy Numbar: Aoz-261-133169-ao 1 Vang Yang Addrea Policy Patina: 10l0212021-10162/2023 1 2:01 mm. standard time at the addrass oftha Named Imam! Declarations Effective: 10/02/2021 Affinity Affiliation: Fresno State Alumni Assonléa'on MAKE MODEL 1 CAMRY 471M46K87U524532 TovofA NNDRA 3.. MEEGEDES BENZ 4 9 TOVOYA EYDBZRFHOK8734279 5 2021 TUNDRA BTFDYSH 7MX001 926 Driver NAME MARWAL STAT? 2 M To am? VlOLATlON POINTS ACCIDENT POlNTS 0 00000 VEH 3: 0 : 0 1 331 69-60 1 7 1 800ZCLA1M5 : needs. NSGOUNTS AND BENEFITS SECTION Yum dismants and benefits have been applied to your Totaf Aunuai Paficy Premium. Vehicle Discounts 1 VEH 4 VB 5 2007 zoos zoos 2019 RequwéMed Pa (Motorized Seat Air Anti-Theft Dames) : : Good Driver Driver Violation Fro mac Coverage Information Vow overag 01135 18 shown below. A re no premium premium showy: for for that shown. you have: not purcha COVERAGE LIMITS PREMIUM PER VEH16LE 2007 1 van VEH 3 4 3005 2008 TOYOTA TOYOTA A. muonn $352 $485 253.000 Each Person $387 $557 50O, 000. Each Yes Yes Yés 100000 Each Accident a. 5000 Each Fe $48 $56 $53 Mom . $88 8107 $107 Each $107 : 3979 m 9 [ant Add 1-800-868-4009 to 1 your égant of this coverage and LibertyMutual.cn linsuranca meets your needs, I Coverage continued COVERAGE LIMITS PREMIUM FERN/EHIGLE van 1 van 2 van 3 4 2001 2005 2093 2019 TOYOTA TOYOTA MERCEDE TGIOTA ; CAME? TUNDRA cmsso HIGHLAN D. Cowman forpamago uYom Auto Collision Not Not $403 Actual Cash Value qus Purchased Purchased" Deductible Show Veh 3 $500Maivar. Véh4 $500Maivar mm Than Not Not 3103 Actual Cash Value Purchasad" Deductible Shown Véh a $500 Veh 4 $550 : Véh 1 Veh 3 $100 $1.75 $1.75 $1.75 basis; ($0.25Ivehicta), and 1874.8 of $1.751vetficia Annual $503.75 $628.75 $3.071.75 81.440.75 msmaum baa VEHICkE 5 2031 TOYOTA Bodily 9 250390 Each Person Yea 500,060 Each Accident Accident Each Person 385 Amom YOU 35 6 AU?3 307g 10 19 2 3 10 ll 12 EXHIBIT B l3 l4 15 l6 l7 18 19 20 21 22 23 24 25 26 27 28 Patrick Fourchy SBN 148892 LAW OFFICES OF PATRICK FOURCHY 2 3716 North First Street Fresno, CA 93726 3 (559) 225-8324 Attorney for Petitioners, VONG YANG and MINDY HER 5 6 7 SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO 9 SPECIAL PROCEEDINGS - UNDER-INSURED MOTORIST ARBITRATION 10 VONG YANG; MINDY HER; CASE NO.: UNASSIGNED ll Petitioners, DEMAND FOR UNDER-INSURED MOTORIST ARBITRATION 12 vs. l3 LIBERTYMUTUAL INSURANCE COMPANY; ) and DOES 1-20; ) 14 ) Respondents. ) 15 16 Petitioners, VONG YANG and MINDY HER, and hereby COMES NOW, l7 demand UIM Arbitration under the terms of the policy of automobile l8 insurance in effect at time of the accident of November 24, 2019. l9 Said policy was issued. by Respondents and affords coverage to 20 Petitioner. (Reference Liberty Mutual Insurance motor vehicle 21 insurance claim #PDOOO-04l466050-03.) 22 Dated: 23 24 Patrick Fourchy, Atto ney for 25 Petitioners, Vong Ya g and Mindy Her 26 27 28 1 PROOF OF SERVICE (Business Practice to Entrust Deposit to Others) 2 [CCP Section 1013a(3)] 3 I, Stacey Andersen, certify and declare as follows: 4 I over the age of (18) years and not a party to this am action. business address is 3716 N. First Street, Fresno, CA My 5 93726, which is located in the county where the mailing and delivery described below took place. 6 I am readily familiar with the business practice at my 7 place of business for collection and processing of correspondence for mailing with the United States Postal Service. 8 so collected and processed is deposited with the Correspondence United States Postal Service that same day in the ordinary course of business. On September 2021, at my place of business in 10 Fresno, California, I served a copy of the attached document, DEMAND FOR UNDER-INSURED MOTORIST ARBITRATION, as follows: 11 SEE ATTACHED SERVICE LIST 12 x BY MAIL: I am readily familiar with the CERTIFIED 13 business' practice for collection and processing of correspondence for mailing . A true copy of that 14 correspondence is placed in a sealed envelope, with postage thereon fully prepaid, and is deposited with the 15 United States Postal Service on the date noted below in the ordinary course of business, at Fresno, California 16 BY PERSONAL SERVICE : I caused such envelopes to be 17 delivered by hand to the office(s) of the addressee(s). 18 BY OVERNIGHT COURIER: I caused the above-referenced envelope(s) to be delivered. to an overnight courier 19 service for delivery to the addressee(s)- 20 BY FACSIMILE: I caused the above-referenced document to be delivered by facsimile to the facsimile number(s) of 21 the addressee(s). 22 BYE-MAIL: I caused the above-referenced document to be scanned into a pdf format and emailed to the above 23 authorized E-mail address with a hyperlink at which the served document may be viewed and downloaded. 24 I certify and declare under penalty of perjury under 25 the laws of the State of California that the foregoing is true and correct. 26 EXECUTED this / of September, 2021. 27 28 1234567009 SERVICE LIST Certified Mail UIM Claims Department Liberty Mutual Insurance Company P.O. BOX 515097 Los Angeles, CA 90051-5097 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELI I Complete items 1, 2, and 3. A. Signature VERY Print your name and address on the reverse so that we can return the card to you. X Jessica Yachu/ak BAgent Attach this card to the back of the El Addresses ilpiece, B. Received byJP or on the front if space ghted Name) C. Date of Delivety perm its. 1. Article Addressed to: D. Is delivery addresé different If YES. enter deliv from Item 1? D Yes ery adgress below: DNo : 0A 3. Service Type El Adult Signature El Priority Mail Exprese® El Adult Signature Restricted El Registered MaiiTM Delivery El Registered Mail Restricted ertified Mail® 9590 9402 6717 1060 0527 El Certified Mail Restricted Delivery 59 D Collect on Delivery El Signature Confirmation" 2. Article Number (Transfer from servi El Signature Confirmation ce label) El Collect on Delive Restricted ry Delivery Restricted Delivery 700E: BHSD 0000 fiured Mali 1. teen ured Mall Restricted Ier $500) Delivery : PS Form 3811,July 2020 PSN 7530 -02-000-9053 Domestic Return Rece ipt 2 6 10 ll 12 EXHIBIT C 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Law Office of Patrick Fourchy 1625 E. Shaw Avenue, Suite 148 (559)225..8324 Patrick@fourchy.corn FAX (559)22 5- 0646 Fresno, California 93710 July 24, 2023 Attn: Shanna Knott Liberty Mutual Insurance Company PO. Box 5014 Scranton, PA 18505-5014 Re: Our clients : Vong Yang; Miiidy Your insured : Same Date of Loss : November 24, 2019 Claim No. : PDOOO-04l466050-03 Dear Ms. Knott: I was advised that this matter was going to be sent to counsel for arbitration. To date, we have not heard or received any correspondence or documents from counsel. Please immediately inform my office of the name, address, and phone number of the handling attorney. Thank you very much. Sincerely, Patrick Fourchy PF/sra Law Office of Patrick Fourchy 1625 E. Shaw Avenue, Suite 148 (559) 225-8324 Patrick@fourchy.com Fresno. California 93710 FAX (559) 225 0646 August 7, 2023 Certified Mail Return Receipt Requested ,Shanna.l$nott@LibertyMutual.com Attn: Shanna Knott Liberty Mutual Insurance Company P.O. BOX 5014 Scranton, PA 18505-5014 Re: Our clients : Vong Yang; Mindy Her Your insured : Same Date of Loss : November 24, 2019 Claim No. : PDOOO-04l466050-03 Dear Ms. Knott: We have not yet received any response from an attorney handling this matter. It has been an unreasonable delay. I am demanding that we arbitrate this matter within 120 days. I am suggesting the following individuals for Arbitrator: Michael Czeshinski, Esq. James Dilling, Esq. David Moeck, Esq. Please let me know who you would like to use as Arbitrator within ten days so that I can get the mattei'scheduled. Thank you very much. Sincerely, Patrick F ourchy PF/sra Law Office 0f Patrick Fourchy 1625 E. Shaw Avenue, Suite 148 (559) 225-8324 Patrick@fourchy.com FAX Fresno, California 93710 (559) 225-0646 August 21, 2023 Shanna.Knott@LibertvMutual.com Arm: Shanna Knott Liberty Mutual Insurance Company P.O. BOX 5014 Scranton, PA 18505-5014 Re: Our clients : Vong Yang; Mindy Her Your insured : Same Date of Loss : November 243 2019 Claim No. : PDOOO~041466050-03 Dear Ms. Knott: I have discussed this case with my clients and we are not in a position. to negotiate our prior demand at this time. We were previously contacted by an attorney but no written contact information has ever been provided. Please have counsel respond forthwith and let me know which of the three arbitrators provided you are willing to have arbitrate this matter. Thank you very much. Sincerely, Patrick Fourchy PF/sra Law Office of Patrick Fourchy 1625 E. Shaw Avenue. Suite 148 (559) 225-8324 Patrick@fourchy.com Fresno. California 93710 FAX (559) 225-0646 November 21, 2023 Luciana Roble, Esq. Santana, Vierra, Stevensori & Harris PO BOX 7218 London, KY 40742-72 8 1 Re: Her v. Liberty Mutual Insurance Company, et al Dear Ms. Roble: Please be advised that Mr. Dilling has indicated he no longei does arbitration matters and only does mediations. We will need to a new Arbitrator. I am David recommending Moeck ofMoeck Mediation. Ifyou have someone else in mind, please let me know. Thank you very much. Sincerely. Patrick Fourchy PF/sra Law Office of Patrick Fourchy 1625 E. Shaw Avenue, Suite 148 (559) 225-8324 Patrick@fourchy.com FAX Fresno, California 93710 (559) 225-0646 March 4, 2024 Via Email: Luciana.R0ble@libertymutual.com Via Email: SFMail@libertymutual.com Luciana Roble, Esq. Santana, Vierra, Stevenson & Harris PO Box 7218 London, KY 40742-7218 Re: Mindy Her V. Liberty Mutual Insurance Company, et a1 Dear Ms. Roble: Herewith find copy of a previous letter dated November 21, 2023, more than 3 months ago! We still have not received a response. In the interim, l have provided you with voluminous discovery request responses to which you indicated you would review and contact our office. To date, we have not heard from you regarding an Arbitrator or other resolution of this matter. Please contact my office within one week regarding the potential arbitrator' s in the letter and any others you might be willing to use. Thank you very much. Sincerely, Patrick Fourchy PF/sra Encl. Law Office of Patrick Fourchy 1625 E. Shaw Avenue. Suite 148 (559) 225-8324 Patrick@fourchy.com Fresno, California 9371, 0 FAX (559) 225-0646 March 18' 2024 Via Email: Luciana.Roble@libertymutuaI.com Via Email: SFMail@libertvmutual.com Luciana Gadwah, Esq. Santana, Vierra, Stevenson & Harris PO Box 7218 London, KY 40742-721 8 Re: Mindy Her v. Liberty Mutual Insurance Company, et a1 Dear Ms. Gadwah: The clients, your insured, have been available deposition for more than a year. This has been a deliberate delay ofthis claim. My clients are currently available May 17,21,30, or May 315'. Please let me know if one of these dates is available and we will hold it for their depositions. Please provide me with dates for Arbitration in late August. Thank you very much. Sincerely, : Patrick Fourchij"' PF/sra Law Office of Patrick Fourchy 1625 E. Shaw Avenue" Suite 148 (559) 225-8324 Patrick@fourchy.com Fresno, California 93710 FAX ( 5 5 9) 225-0646 March 22, 2024 Via Email: Luciana.Roble@libertvmutualxom Via Email: SFMail@libertvmutual.com Luciana Gadwah, Esq. Santana, Vierra. Stevenson & Harris PO Box 7218 London, KY 40742-7218 Re: Mindy Her v. Liberty Mutual Insurance Company, et al Dear Ms. Gadwah: On Monday, we provided your office with dates for our client's deposition and requested dates for Arbitration in late August. To date, I have not heard back from your office. Please respond to this letter by the end of the day. Thank you very much. Sincerely, Patrick Fourchy PF/sra Law Office of Patrick Fourchy 1625 E. Shaw Avenue. Suite 148 (559) 225-8324 Patrick@fourchy.com Fresno, California 93710 FAX (559) 225-0646 March 22, 2024 Via Email: Luciana.Roble@libertvmutual.com Via Email: SFMail@libertvmutual.com Luciana Gadwah, Esq. Santana, Vierra, Stevenson & Harris PO Box 7218 London, KY 40742-7218 Re: Mindy Her v. Liberty Mutual Insurance Company, et a1 Dear Ms. Gadwah: Please be advised Judge Simpson has availability for Arbitration on August 20,21, 22, 27, 28, and 29, 2024. Please let me know ifyou are available on any of these dates so that we can get the arbitration scheduled. Please respond within one week. Thank you very much. Sincerely, PF/sra .urchy rick F