Preview
1 \|}Julie D. McElroy - 160542 curcnitn ost EE econnia
» |[Kurtis J. Anders - 269333 VOUNTY OF FLAGEH
JACOBSEN & McELROY PC JAN onig
3 1/2401 American River Drive, Suite 100
Sacramento, CA 95825 EXECUTIVE OMFICER CLERK
4 Tel. (916) 971-4100 By: E. Cavazos, Deputy
Fax (916) 971-4150
6 ||Attorneys for Defendant/Cross-Complainant/Cross-Defendant
QUINCY McCOURT, individually and dba McQUIN CONSTRUCTION MANAGEMENT
8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF PLACER
10
i1 || JANENE. BAUHOFER and MICHAEL ) Case No.: SCV0039397
JOHNSON, )
12 ACTION FILED: 04/28/17
)
ez Plaintiffs, ) DECLARATION OF KURTIS J. ANDERS
) IN SUPPORT QUINCY MCCOURT,
14 Vs.
) individually and dba MCQUIN
) CONSTRUCTION MANAGEMENT’ S
1S ||QUINCY McCOURT, individually }) opposrrron TO OREGON SHEPHERD’S
1, |[and dba McQUIN CONSTRUCTION | meseron “ror. cock) ERs
MANAGEMENT; OREGON SHEPHERD, | SaeeeenyT
17 ||LLC dba OREGON SHEPHERD, an )
Oregon Limited Liability ) Date: February 13, 2018
18 |}Company; and DOES 1 - 50, ) Time: 8:30 a.m.
19 inclusive, ) Dept.: 40
)
20 Defendants. )
)
21 }AND RELATED CROSS-ACTIONS. )
)
22
23 I|I, Kurtis J. Anders, hereby declare as follows:
24 dl, That I am an attorney at law, duly licensed to practice
25 ||before all of the Courts in the state of California and am an associate
26 |jattorney at the law firm of feelers & McElroy, attorneys of record |
27 ||for defendant/cross-complainant/cross-Defendant QUINCY McCOURT,
2g ||individually and dba McQUIN CONSTRUCTION MANAGEMENT (hereinafter
[ te
be DECLARATION OF KURTIS J, ANDERS IN SUPPORT QUINCY MCCOURT, individually and dba
CONSTRUCTION MANAGEMENT’ S OPPOSITION TO OREGEON SHEPHERD'S MOTION FOR GOOD
MCQUIN
FAITH SETTLEMENT
© ©
McQuin Construction”). I am familiar with the facts and circumstances
of this case, and if called as a witness, could and would testify
competently thereto.
2. In preparing McQuin Construction’s opposition, I personally
reviewed OREGON SHEPHERD, LLC dba OREGON SHEPHERD’s (hereinafter
“Oregon Shepherd”) online website at www. oregonshepherd.com.
Be Oregon Shepherd's website contains a page accessed by
clicking a link entitled “Why Wool?” This section contains various
representations and advertisements, which, among other things, promise
10 Oregon Shepherd’s wool. insulation will survive in the harshest
il environments and provides unequaled fire and vermin resistance. I
12 printed a copy of this section of the website, which is attached hereto
13 as Exhibit “1.”
14 4. Oregon Shepherd's website contains a page accessed by
1s clicking a link entitled “Products & Types.” This section contains
16 various representations and advertisements, which, among other things,
17 promise Oregon Shepherd's wool insulation can be used in the same
18 manner as traditional insulation, provides a lifetime of vermin
19 resistance, requires no special equipment, is suitable for use in
20 attics or under flooring and can be used with a simple, trouble-free
21 methodology. I printed a copy of this section of the website, which is
22 attached hereto as Exhibit “2.”
23 53 Oregon Shepherd’s website contains a page accessed by
24 clicking a link entitled “Tech Info.” This section contains various
25 representations and advertisements, which, among other things,
26 acknowledge that all buildings have tiny cracks and crevices and
27 represents that Oregon Shepherd’s wool insulation is designed to be
28 used in such buildings. I printed a copy of this section of the website,
Bo
DECLARATION OF KURTIS J. ANDERS IN SUPPORT QUINCY MCCOURT, individually and dba
MCQUIN CONSTRUCTION MANAGEMENT’S OPPOSITION TO OREGEON SHEPHERD‘S MOTION FOR GOOD
te
FAITH SETTLEMENT
pron
O O
which is attached hereto as Exhibit "3."
6. I reviewed all sections of Oregon Shepherd’s website.
Nowhere on the website was there any statement or other information
indicating that the wool insulation must be protected from exposure to
elements, that there is a time limit within which the wool insulation
must be installed and/or covered, or requiring any other special
handling or installation in order to obtain the benefit of the borate
treatment.
7. The parties have engaged in informal discovery to assist in
1o negotiations of this matter. During the production of documents to
11 facilitate that process, correspondence was produced in which Oregon
12 Shepherd admitted it does not always treat its wool insulation with
13 the borate treatment. Although, Oregon Shepherd admits the wool
14 intended for use at the Subject Property was supposed to be treated,
15 McQuin Construction contends that Oregon Shepherd inadvertently failed
16 to treat the insulation. A true and correct copy of the correspondence
17 from Oregon Shepherd is attached hereto as Exhibit “4”.
18
19 Executed on January qq , 2018 in Sacramento, California.
» KwtA Gn
20
21
Kurtis J. “anders
22
23
24
25
26
27
28
tcene
~~
DECLARATION OF KURTIS J. ANDERS IN SUPPORT QUINCY MCCOURT, individually and dba
MCQUIN CONSTRUCTION MANAGEMENT’S OPPOSITION TO OREGEON SHEPHERD’S. MOTION FOR GOOD
4 FAITH SETTLEMENT
peer
EXHIBIT “1”
Why Use Wool? — Oregon Shopagrd o Page 1 of 2
f (http://www.facebook.com/OregonShepherd)
¥ (http://twitter.com/#!/oregonshepherd )
You
(http://www. youtube.com/oregonshepherd )
Gall 1.888.629.9668
(http://oregonshepherd.com)
Type your search Qa
Home (http://oregonshepherd.com) / Why Use Wool?
Why Use Wool?
There are many natural insulation products available today, so why would you choose
wool, or more specifically, Oregon Shepherd’s wool insulation products.
vironments)”
dart Si 'Because of their
packed together, itforms millions of tiny air
pockets which trap air, and in turn serves to keep warmth in during winter and out in
the summer.
The crimp in the wool fiber forces each strand to bump up against each other, as
opposed to lining up side by side or laying down flat together. This keeps the tiny air
pockets intact, acting as little insulators — the key to being able to keep you both
warm and cool.
The unique advantage of wool as an insulator is the NATURE of the fiber.
; Itabsorbs and desorbs moisture, it heats and cools as this process takes place. ~
Wool therefore can absorb moisture in your house, preventing condensation.
v
teat
http://oregonshepherd.com/why-use-wool/ 1/25/2018
Why Use Wool? — Oregon Shoplet o Page 2 of 2
» Ithas plastic memory, not that there is any plastic in wool, but rather that technical
description is used to explain the “crimp”: the ability to retain the shape itwas in
before itleft the sheep.
» The energy required to produce our insulation is less than 10% of that required to
produce traditional insulation materials.
» Wool can absorb and breakdown indoor air pollutants such as formaldehyde,
nitrogen dioxide, and sulfur dioxide.
> Wool is a sustainable and renewable resource; every year our sheep grow a new
crop.
» Wool is completely recyclable; at the end of its life as insulation itcan be
remanufactured, reused, or biodegraded.
» Wool is an excellent absorption medium of sound waves; its inherent qualities
provide much more acoustic insulation than traditional insulation in similar
applications.
» While wool is generally fire resistant, @unwoo
These materials are » bonded o chemically to the a fiber, notstier “glued on”
o as
in most other insulation products.
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http://oregonshepherd. cemiviby® -use-wool/ 1/25/2018
EXHIBIT “2”
Product & Types — Oregon Shgmherd o Page | of 2
f (http://www.facebook.com/OregonShepherd)
¥ (http://twitter.com/#!/oregonshepherd )
You
(http://www. youtube.com/oregonshepherd )
a
Call L.SSS.629.96E5
(http://oregonshepherd.com)
Type your search Q
Home (http://oregonshepherd.com) / Product & Types
Product & Types
The Product
All of our insulation products are made from 100% natural sheep’s wool.
UP WOohcan DARISed ine) osama Way. Arad iOnaNSUlAton producers
providing excellent warming and cooling properties for walls, floors, ceiling and roofs
of homes, commercial and industrial buildings.
Heaith and Safety
Oregon Shepherd wool insulation also contains naturally-occurring Boron salts, giving
itexcellent resistance to pests and improving wool's inherent resistance to fire.
Oregon Shepherd’s proprietary bonding system uses natural proteins to chenmically
bend ane borate molecules to ali wool protein chain, ABIES es ties) :
http://oregonshepherd. Corsi pales! 1/25/2018
Product & Types — Oregon Sherer ao Page 2 of 2
Resistance to mold and fungus
Wool naturally resists mold and fungus due to its natural moisture transfer properties.
Wool Insulation allows your home to breathe by absorbing moisture, chemical, and/or
odor laden air and transferring it outside as temperatures change. A permeable house
wrap applied over exterior sub-siding provides for this passive exchange.
Formaldehyde absorption
Tests carried out by the Central Testing Facility in Tokyo, Japan found that when
formaldehyde was released into a chamber, wool was able to absorb 96% of the
formaldehyde within several hours. This capability is unique to natural fibers.
Acoustic
Wool Insulation products naturally enhance the acoustic properties of a building.
The Environment
Oregon Shepherd wool insulation is energy efficient, using approximately 10% of the
embodied energy for production that ittakes to manufacture fiberglass insulation. Our
products are 100% sustainable, biodegradable, and renewable.
Product Types
PermaLoft® ~ Natural Wool Blown-In Insulation
PermaBatt® Natural Insulation for walls and other framing
Can be hand placed or can be blown into vertical cavities between framing members
in walls. Itis ideal for the remodel/retrofit project.
Salts Foublectree-methodology. tourisulate-walls-an
a ings# Our ultra thin netting is simply stapled over the framing members and the
insulation is blown or hand placed inthe framing cavities. Our PermaNet is stapled
over the framing members. It retains the insulation while the wall coverings are being
placed and finished.
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Customizations by;ZAPPONET COMPTUER SERVICES (http://Zapponet.com)Complete Computer Support,Graphics& Website
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http://oregonshepherd. com/products/ 1/25/2018
EXHIBIT “3”
Tech Info - Oregon Shepherd oO o Page 1 of 2
f (http://www.facebook.com/OregonShepherd)
¥ (http://twitter.com/#!/oregonshepherd )
You
(http://www. youtube.com/oregonshepherd )
Call 1.888.629.9665
(http://oregonshepherd.com)
Type your search Q
Home (http://oregonshepherd.com) / Tech Info
Tech Info
Technically the Best
Wool, with its unique fiber qualities, is naturally fire resistant. Untreated wool fiber will
not support open flame. Oregon Shepherd's loose fillinsulation istreated, just as most
insulation products, with a chemical solution to make iteven more fire resistant. The
difference is that our treatments are not petrochemicals; they are natural chemicals
from the earth. Petrochemicals emit Volatile Organic Compounds (VOC's); things like
formaldehyde, benzene, and methane; not materials you would like to inhale on a daily
basis.
Our chemical treatments do not emit VOC's, neither in the production process, nor in
your home. EPA’s Office of Research and Development's “Total Exposure Assessment
Methodology (TEAM) Study” (Volumes | through IV, completed in 1985) found levels
of about a dozen common organic pollutants to be 2 to 5 times higher inside homes
than outside, regardless of whether the homes were located in rural or highly industrial
areas. TEAM studies indicated that while people are using products containing
http://oregonshepherd.com/tech-info/ 1/25/2018
Tech Info — Oregon Shepherd oO o Page 2 of 2
ee
organic chemicals, they can expose themselves and others to very high pollutant
levels, and elevated concentrations can persist in the air long after the activity is
completed.
Many consumer products found around the house, such as cleaning solvents, paints,
insulation, and wood preservatives from certain furniture all emit VOC compounds,
which may contribute to sick building syndrome and other effects such as allergic
sensitization or asthmatic symptoms. Due to the high abundant use of VOC-
containing products indoors and the high vapor pressure of VOCs, these compounds
can easily off-gas into the indoor environment. They also occur in, and are released
from, most common indoor materials from natural sources such as trees, animals,
and plants as well as from synthetic sources such as petroleum derivatives.
Another unique attribute of wool fiber is what's referred to as its pliable memory.
Other loose insulation products, even other natural materials, will settle over time. This
results'in a lower insulating section. So while your initial 10 inches of fibrous
insulation will provide a value of R-38, itsettles to an actual depth of only 8-9 inches,
lowering efficiency by up to 20%. Wool fibers’ unique attributes actually cause itto
increase in depth over a several month period as its fibers decompress.
material in place will affect a total seal. This total seal is almost impossible to
overestimate. Most of the heat loss in the walls and ceilings of the home have more to
do with the air seal, rather than the insulation.
For a Detailed R-Value and Volume Chart, click
here! (http://oregonshepherd.com/wp-
content/uploads/2015/10/VolumeChart.pdf)
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http://oregonshepherd.com/tech-info/ +.: Ne 1/25/2018
XHIBIT “4”
wT
{
i
O
i‘
Begin forwarded message:
From: Margaret
Subject: RE: clothes moth in wool insulation
Date: July 27, 2015 at 12:12:32 PM PDT
To: Quincy McCourt
Quincy,
Please be assured that.l am not ignoring you and Michael. Since | do not have additional staffto
research this |have been slow in working on it. |have consulted with Oregon State University Extension
staff.|have made several attempts to contact US Borax, the maker of the borate product we use. The
only contact method |have found for them isvia email and |have not received a response.
This istruly the only client who has brought thisproblem to us. Although untilthis email |thought that
there were two and that you and Michael we ing the same incident. Itappears that Michael
At this point, until |have been able to talk with the US Borax Technical Support folks,the only
recommendations |have are to use a Permethrin spray, a Boric Acid insecticidal dust and/or pheromone
traps.
|will continue to pursue this and update you.
Sincerely,
Margaret
eran
© es)
CERTIFICATE OF SERVICE
I, Patricia Cranmer, declare:
Iam a citizen of the United States, am over the age of eighteen
years, and am not a party to or interested in the within entitled case.
My business address is 2401 American River Drive, Suite 100,
Sacramento, California 95825.
On January 29, 2018, I served the following document(s) on the
parties in the within action:
DECLARATION OF KURTIS J. ANDERS IN SUPPORT OF QUINCY MCCOURT,
INDIVIDUALLY AND DBA MCQUIN CONSTRUCTION MANAGEMENT’S OPPOSITION TO
OREGON SHEPHERD’S MOTION FOR GOOD FAITH SETTLEMENT
10
i.
BY FAX: By transmitting by facsimile a true copy thereof to
facsimile number(s) known below or represented to me to be the receiving
12
facsimile number for facsimile copy transmission of the
13 parties/person/firms listed below:
14 Plaintiffs
Todd B. Gary
15 The Gary Law Firm
50 Oak Court, #100
16 Danville, CA 94526
Tel: (925) 831-1155
Fax: (925) 831-1188
17
Oregon Shepherd
18 J. Stephanie Krmpotic
Low, Ball & Lynch
19 505 Montgomery St., 7th Fir.
San Francisco, CA 94111
20 Tel: (415) 981-6630
Fax: (415) 982-1634
21
I declare under penalty of perjury under the laws of the State
22 of California that the foregoing is a true and correct statement and
that this Certificate was executed on January 29, 2018.
23
24
v ' :
25 Patricia Cranmer
26
27
28
andes
DECLARATION OF KURTIS J, ANDERS IN SUPPORT QUINCY MCCOURT, individually and dba
MCQUIN CONSTRUCTION MANAGEMENT’ S OPPOSITION TO OREGON SHEPHERD'S MOTION FOR GOOD
FAITH SETTLEMENT
Panos
Preview
1 \|}Julie D. McElroy - 160542 curcnitn ost EE econnia » |[Kurtis J. Anders - 269333 VOUNTY OF FLAGEH JACOBSEN & McELROY PC JAN onig 3 1/2401 American River Drive, Suite 100 Sacramento, CA 95825 EXECUTIVE OMFICER CLERK 4 Tel. (916) 971-4100 By: E. Cavazos, Deputy Fax (916) 971-4150 6 ||Attorneys for Defendant/Cross-Complainant/Cross-Defendant QUINCY McCOURT, individually and dba McQUIN CONSTRUCTION MANAGEMENT 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF PLACER 10 i1 || JANENE. BAUHOFER and MICHAEL ) Case No.: SCV0039397 JOHNSON, ) 12 ACTION FILED: 04/28/17 ) ez Plaintiffs, ) DECLARATION OF KURTIS J. ANDERS ) IN SUPPORT QUINCY MCCOURT, 14 Vs. ) individually and dba MCQUIN ) CONSTRUCTION MANAGEMENT’ S 1S ||QUINCY McCOURT, individually }) opposrrron TO OREGON SHEPHERD’S 1, |[and dba McQUIN CONSTRUCTION | meseron “ror. cock) ERs MANAGEMENT; OREGON SHEPHERD, | SaeeeenyT 17 ||LLC dba OREGON SHEPHERD, an ) Oregon Limited Liability ) Date: February 13, 2018 18 |}Company; and DOES 1 - 50, ) Time: 8:30 a.m. 19 inclusive, ) Dept.: 40 ) 20 Defendants. ) ) 21 }AND RELATED CROSS-ACTIONS. ) ) 22 23 I|I, Kurtis J. Anders, hereby declare as follows: 24 dl, That I am an attorney at law, duly licensed to practice 25 ||before all of the Courts in the state of California and am an associate 26 |jattorney at the law firm of feelers & McElroy, attorneys of record | 27 ||for defendant/cross-complainant/cross-Defendant QUINCY McCOURT, 2g ||individually and dba McQUIN CONSTRUCTION MANAGEMENT (hereinafter [ te be DECLARATION OF KURTIS J, ANDERS IN SUPPORT QUINCY MCCOURT, individually and dba CONSTRUCTION MANAGEMENT’ S OPPOSITION TO OREGEON SHEPHERD'S MOTION FOR GOOD MCQUIN FAITH SETTLEMENT © © McQuin Construction”). I am familiar with the facts and circumstances of this case, and if called as a witness, could and would testify competently thereto. 2. In preparing McQuin Construction’s opposition, I personally reviewed OREGON SHEPHERD, LLC dba OREGON SHEPHERD’s (hereinafter “Oregon Shepherd”) online website at www. oregonshepherd.com. Be Oregon Shepherd's website contains a page accessed by clicking a link entitled “Why Wool?” This section contains various representations and advertisements, which, among other things, promise 10 Oregon Shepherd’s wool. insulation will survive in the harshest il environments and provides unequaled fire and vermin resistance. I 12 printed a copy of this section of the website, which is attached hereto 13 as Exhibit “1.” 14 4. Oregon Shepherd's website contains a page accessed by 1s clicking a link entitled “Products & Types.” This section contains 16 various representations and advertisements, which, among other things, 17 promise Oregon Shepherd's wool insulation can be used in the same 18 manner as traditional insulation, provides a lifetime of vermin 19 resistance, requires no special equipment, is suitable for use in 20 attics or under flooring and can be used with a simple, trouble-free 21 methodology. I printed a copy of this section of the website, which is 22 attached hereto as Exhibit “2.” 23 53 Oregon Shepherd’s website contains a page accessed by 24 clicking a link entitled “Tech Info.” This section contains various 25 representations and advertisements, which, among other things, 26 acknowledge that all buildings have tiny cracks and crevices and 27 represents that Oregon Shepherd’s wool insulation is designed to be 28 used in such buildings. I printed a copy of this section of the website, Bo DECLARATION OF KURTIS J. ANDERS IN SUPPORT QUINCY MCCOURT, individually and dba MCQUIN CONSTRUCTION MANAGEMENT’S OPPOSITION TO OREGEON SHEPHERD‘S MOTION FOR GOOD te FAITH SETTLEMENT pron O O which is attached hereto as Exhibit "3." 6. I reviewed all sections of Oregon Shepherd’s website. Nowhere on the website was there any statement or other information indicating that the wool insulation must be protected from exposure to elements, that there is a time limit within which the wool insulation must be installed and/or covered, or requiring any other special handling or installation in order to obtain the benefit of the borate treatment. 7. The parties have engaged in informal discovery to assist in 1o negotiations of this matter. During the production of documents to 11 facilitate that process, correspondence was produced in which Oregon 12 Shepherd admitted it does not always treat its wool insulation with 13 the borate treatment. Although, Oregon Shepherd admits the wool 14 intended for use at the Subject Property was supposed to be treated, 15 McQuin Construction contends that Oregon Shepherd inadvertently failed 16 to treat the insulation. A true and correct copy of the correspondence 17 from Oregon Shepherd is attached hereto as Exhibit “4”. 18 19 Executed on January qq , 2018 in Sacramento, California. » KwtA Gn 20 21 Kurtis J. “anders 22 23 24 25 26 27 28 tcene ~~ DECLARATION OF KURTIS J. ANDERS IN SUPPORT QUINCY MCCOURT, individually and dba MCQUIN CONSTRUCTION MANAGEMENT’S OPPOSITION TO OREGEON SHEPHERD’S. MOTION FOR GOOD 4 FAITH SETTLEMENT peer EXHIBIT “1” Why Use Wool? — Oregon Shopagrd o Page 1 of 2 f (http://www.facebook.com/OregonShepherd) ¥ (http://twitter.com/#!/oregonshepherd ) You (http://www. youtube.com/oregonshepherd ) Gall 1.888.629.9668 (http://oregonshepherd.com) Type your search Qa Home (http://oregonshepherd.com) / Why Use Wool? Why Use Wool? There are many natural insulation products available today, so why would you choose wool, or more specifically, Oregon Shepherd’s wool insulation products. vironments)” dart Si 'Because of their packed together, itforms millions of tiny air pockets which trap air, and in turn serves to keep warmth in during winter and out in the summer. The crimp in the wool fiber forces each strand to bump up against each other, as opposed to lining up side by side or laying down flat together. This keeps the tiny air pockets intact, acting as little insulators — the key to being able to keep you both warm and cool. The unique advantage of wool as an insulator is the NATURE of the fiber. ; Itabsorbs and desorbs moisture, it heats and cools as this process takes place. ~ Wool therefore can absorb moisture in your house, preventing condensation. v teat http://oregonshepherd.com/why-use-wool/ 1/25/2018 Why Use Wool? — Oregon Shoplet o Page 2 of 2 » Ithas plastic memory, not that there is any plastic in wool, but rather that technical description is used to explain the “crimp”: the ability to retain the shape itwas in before itleft the sheep. » The energy required to produce our insulation is less than 10% of that required to produce traditional insulation materials. » Wool can absorb and breakdown indoor air pollutants such as formaldehyde, nitrogen dioxide, and sulfur dioxide. > Wool is a sustainable and renewable resource; every year our sheep grow a new crop. » Wool is completely recyclable; at the end of its life as insulation itcan be remanufactured, reused, or biodegraded. » Wool is an excellent absorption medium of sound waves; its inherent qualities provide much more acoustic insulation than traditional insulation in similar applications. » While wool is generally fire resistant, @unwoo These materials are » bonded o chemically to the a fiber, notstier “glued on” o as in most other insulation products. evolve(http://theme4press.com/evolve-multipurpose-wordpress-theme/) theme byTheme4Press + Powered by WordPress Customizations by:ZAPPONET COMPTUER SERVICES (http://Zapponet.com)Complete Computer Support,Graphics &Website Design (http://Zapponet.com/) http://oregonshepherd. cemiviby® -use-wool/ 1/25/2018 EXHIBIT “2” Product & Types — Oregon Shgmherd o Page | of 2 f (http://www.facebook.com/OregonShepherd) ¥ (http://twitter.com/#!/oregonshepherd ) You (http://www. youtube.com/oregonshepherd ) a Call L.SSS.629.96E5 (http://oregonshepherd.com) Type your search Q Home (http://oregonshepherd.com) / Product & Types Product & Types The Product All of our insulation products are made from 100% natural sheep’s wool. UP WOohcan DARISed ine) osama Way. Arad iOnaNSUlAton producers providing excellent warming and cooling properties for walls, floors, ceiling and roofs of homes, commercial and industrial buildings. Heaith and Safety Oregon Shepherd wool insulation also contains naturally-occurring Boron salts, giving itexcellent resistance to pests and improving wool's inherent resistance to fire. Oregon Shepherd’s proprietary bonding system uses natural proteins to chenmically bend ane borate molecules to ali wool protein chain, ABIES es ties) : http://oregonshepherd. Corsi pales! 1/25/2018 Product & Types — Oregon Sherer ao Page 2 of 2 Resistance to mold and fungus Wool naturally resists mold and fungus due to its natural moisture transfer properties. Wool Insulation allows your home to breathe by absorbing moisture, chemical, and/or odor laden air and transferring it outside as temperatures change. A permeable house wrap applied over exterior sub-siding provides for this passive exchange. Formaldehyde absorption Tests carried out by the Central Testing Facility in Tokyo, Japan found that when formaldehyde was released into a chamber, wool was able to absorb 96% of the formaldehyde within several hours. This capability is unique to natural fibers. Acoustic Wool Insulation products naturally enhance the acoustic properties of a building. The Environment Oregon Shepherd wool insulation is energy efficient, using approximately 10% of the embodied energy for production that ittakes to manufacture fiberglass insulation. Our products are 100% sustainable, biodegradable, and renewable. Product Types PermaLoft® ~ Natural Wool Blown-In Insulation PermaBatt® Natural Insulation for walls and other framing Can be hand placed or can be blown into vertical cavities between framing members in walls. Itis ideal for the remodel/retrofit project. Salts Foublectree-methodology. tourisulate-walls-an a ings# Our ultra thin netting is simply stapled over the framing members and the insulation is blown or hand placed inthe framing cavities. Our PermaNet is stapled over the framing members. It retains the insulation while the wall coverings are being placed and finished. evolve(http://theme4press.com/evolve-multipurpose-wordpress-theme/)theme by Theme4Press + Powered by WordPress Customizations by;ZAPPONET COMPTUER SERVICES (http://Zapponet.com)Complete Computer Support,Graphics& Website Design (http://Zapponet.com/) A http://oregonshepherd. com/products/ 1/25/2018 EXHIBIT “3” Tech Info - Oregon Shepherd oO o Page 1 of 2 f (http://www.facebook.com/OregonShepherd) ¥ (http://twitter.com/#!/oregonshepherd ) You (http://www. youtube.com/oregonshepherd ) Call 1.888.629.9665 (http://oregonshepherd.com) Type your search Q Home (http://oregonshepherd.com) / Tech Info Tech Info Technically the Best Wool, with its unique fiber qualities, is naturally fire resistant. Untreated wool fiber will not support open flame. Oregon Shepherd's loose fillinsulation istreated, just as most insulation products, with a chemical solution to make iteven more fire resistant. The difference is that our treatments are not petrochemicals; they are natural chemicals from the earth. Petrochemicals emit Volatile Organic Compounds (VOC's); things like formaldehyde, benzene, and methane; not materials you would like to inhale on a daily basis. Our chemical treatments do not emit VOC's, neither in the production process, nor in your home. EPA’s Office of Research and Development's “Total Exposure Assessment Methodology (TEAM) Study” (Volumes | through IV, completed in 1985) found levels of about a dozen common organic pollutants to be 2 to 5 times higher inside homes than outside, regardless of whether the homes were located in rural or highly industrial areas. TEAM studies indicated that while people are using products containing http://oregonshepherd.com/tech-info/ 1/25/2018 Tech Info — Oregon Shepherd oO o Page 2 of 2 ee organic chemicals, they can expose themselves and others to very high pollutant levels, and elevated concentrations can persist in the air long after the activity is completed. Many consumer products found around the house, such as cleaning solvents, paints, insulation, and wood preservatives from certain furniture all emit VOC compounds, which may contribute to sick building syndrome and other effects such as allergic sensitization or asthmatic symptoms. Due to the high abundant use of VOC- containing products indoors and the high vapor pressure of VOCs, these compounds can easily off-gas into the indoor environment. They also occur in, and are released from, most common indoor materials from natural sources such as trees, animals, and plants as well as from synthetic sources such as petroleum derivatives. Another unique attribute of wool fiber is what's referred to as its pliable memory. Other loose insulation products, even other natural materials, will settle over time. This results'in a lower insulating section. So while your initial 10 inches of fibrous insulation will provide a value of R-38, itsettles to an actual depth of only 8-9 inches, lowering efficiency by up to 20%. Wool fibers’ unique attributes actually cause itto increase in depth over a several month period as its fibers decompress. material in place will affect a total seal. This total seal is almost impossible to overestimate. Most of the heat loss in the walls and ceilings of the home have more to do with the air seal, rather than the insulation. For a Detailed R-Value and Volume Chart, click here! (http://oregonshepherd.com/wp- content/uploads/2015/10/VolumeChart.pdf) evolve(http://theme4press.com/evolve-multipurpose-wordpress-theme/)theme byTheme4Press » Powered by WordPress Customizations by:ZAPPONET COMPTUER SERVICES (http://Zapponet.com)Complete Computer Support, Graphics& Website Design (http://Zapponet.com/) http://oregonshepherd.com/tech-info/ +.: Ne 1/25/2018 XHIBIT “4” wT { i O i‘ Begin forwarded message: From: Margaret Subject: RE: clothes moth in wool insulation Date: July 27, 2015 at 12:12:32 PM PDT To: Quincy McCourt Quincy, Please be assured that.l am not ignoring you and Michael. Since | do not have additional staffto research this |have been slow in working on it. |have consulted with Oregon State University Extension staff.|have made several attempts to contact US Borax, the maker of the borate product we use. The only contact method |have found for them isvia email and |have not received a response. This istruly the only client who has brought thisproblem to us. Although untilthis email |thought that there were two and that you and Michael we ing the same incident. Itappears that Michael At this point, until |have been able to talk with the US Borax Technical Support folks,the only recommendations |have are to use a Permethrin spray, a Boric Acid insecticidal dust and/or pheromone traps. |will continue to pursue this and update you. Sincerely, Margaret eran © es) CERTIFICATE OF SERVICE I, Patricia Cranmer, declare: Iam a citizen of the United States, am over the age of eighteen years, and am not a party to or interested in the within entitled case. My business address is 2401 American River Drive, Suite 100, Sacramento, California 95825. On January 29, 2018, I served the following document(s) on the parties in the within action: DECLARATION OF KURTIS J. ANDERS IN SUPPORT OF QUINCY MCCOURT, INDIVIDUALLY AND DBA MCQUIN CONSTRUCTION MANAGEMENT’S OPPOSITION TO OREGON SHEPHERD’S MOTION FOR GOOD FAITH SETTLEMENT 10 i. BY FAX: By transmitting by facsimile a true copy thereof to facsimile number(s) known below or represented to me to be the receiving 12 facsimile number for facsimile copy transmission of the 13 parties/person/firms listed below: 14 Plaintiffs Todd B. Gary 15 The Gary Law Firm 50 Oak Court, #100 16 Danville, CA 94526 Tel: (925) 831-1155 Fax: (925) 831-1188 17 Oregon Shepherd 18 J. Stephanie Krmpotic Low, Ball & Lynch 19 505 Montgomery St., 7th Fir. San Francisco, CA 94111 20 Tel: (415) 981-6630 Fax: (415) 982-1634 21 I declare under penalty of perjury under the laws of the State 22 of California that the foregoing is a true and correct statement and that this Certificate was executed on January 29, 2018. 23 24 v ' : 25 Patricia Cranmer 26 27 28 andes DECLARATION OF KURTIS J, ANDERS IN SUPPORT QUINCY MCCOURT, individually and dba MCQUIN CONSTRUCTION MANAGEMENT’ S OPPOSITION TO OREGON SHEPHERD'S MOTION FOR GOOD FAITH SETTLEMENT Panos