Preview
11/24/2020
1 STEPHEN M. HAYES (SBN 83583)
STEPHEN P. ELLINGSON (SBN 136505)
2 JAMIE A. RADACK (SBN 221000)
TYLER R. AUSTIN (SBN 293977)
3 HAYES SCOTT BONINO ELLINGSON
GUSLANI SIMONSON & CLAUSE, LLP
4 999 Skyway Road, Suite 310
San Carlos, California 94070
5 Telephone: (650) 637-9100
Facsimile: (650) 637-8071
6
7 Attorneys for Defendant
ALLMERICA FINANCIAL BENEFIT INSURANCE (Sued
8 erroneously as The Hanover Insurance Group, The Hanover American
Insurance, and Allmerica Financial Alliance Company), JOHN
9 CONNOR ROCHE, GWEN JONES, ARTHUR ANDERSON and
SCOT ERIKSON
10
11 SUPERIOR COURT OF THE STATE OF CALIFORNIA
12 IN AND FOR THE COUNTY OF PLACER
13
DONALD HUBBARD, CASE NO. S-CV-0045393
14
Plaintiff, DECLARATION OF JAMIE A. RADACK IN
15 SUPPORT OF DEFENDANTS ALLMERICA
vs. FINANCIAL BENEFIT INSURANCE, JOHN
16 CONNOR ROCHE, GWEN JONES, ARTHUR
MATTHEW JOHN BANTANG, [a.k.a., ANDERSON AND SCOT ERIKSON’S
17 MATT BANTANG], an individual; JOINDER TO MOTION FOR AN ORDER
MOBILE COPY SERVICES, INC., a FOR DISMISSAL FOR FAILING TO TIMELY
18 California Corporation; DONOVAN OBTAIN A PRE-FILING ORDER WITHIN 10
RICKETTS, an individual and managing DAYS OF THE SECOND NOTICE
19 employee of MOBILE COPY SERVICE,
INC.; FREDERICK RICKETTS, an Date: December 11, 2020
20 individual and managing employee of Time: 8:00 a.m.
MOBILE COPY SERVICE, INC.; THE Dept.: 3
21 HANOVER INSURANCE GROUP, an
unknown business entity; THE HANOVER Complaint Filed: May 7, 2020
22 AMERICAN INSURANCE COMPANY, a Trial Date: Not yet set
foreign stock company; JOHN CONNER
23 ROCHE an individual and managing
employee of THE HANOVER
24 INSURANCE GROUP; GWEN JONES,
an individual and Agent of THE
25 HANOVER AMERICAN INSURANCE
COMPANY; ALLMERICA FINANCIAL
26 ALLIANCE, an unknown business entity;
ARTHUR ANDERSON, an individual and
27 Agent of THE HANOVER AMERICAN
INSURANCE COMPANY; SCOT A.
28 ERIKSON, an individual and Agent of
1201688 -1-
DECLARATION OF JAMIE A. RADACK IN SUPPORT OF JOINDER – CASE NO. S-CV-0045393
1 THE HANOVER AMERICAN
INSURANCE COMPANY; SUTTER
2 HEALTH AND AETNA
ADMINISTRATIVE SERVICES LLC
3 dba, SUTTER DIAGNOSTIC IMAGING
and, DOES 1 through 50, inclusive,
4
Defendants.
5
6 I, Jamie A. Radack, declare as follows:
7 1. I have personal knowledge of each matter stated herein and, if called as a witness, I
8 could and would competently testify thereto.
9 2. I am an attorney at law duly licensed to practice in all of the courts of the State of
10 California and I am an associate of the law firm Hayes Scott Bonino Ellingson Guslani Simonson &
11 Clause, LLP, counsel for defendants Allmerica Financial Benefit Insurance (sued erroneously as The
12 Hanover Insurance Group, The Hanover American Insurance, and Allmerica Financial Alliance
13 Company), John Connor Roche, Gwen Jones, Arthur Anderson and Scot Erikson (“Hanover
14 Defendants”) in the above-referenced matter filed by plaintiff Donald Hubbard.
15 3. I submit this declaration in support of the Hanover Defendants’ Joinder to defendants
16 Matthew John Bantang, Mobile Copy Service, Inc. and Frederick Rickett’s (“Co-Defendants”)
17 motion for an order for dismissal for failing to timely obtain a pre-filing order within 10 days of the
18 Second Notice.
19 4. On or about October 12, 2020, the Hanover Defendants attempted to file a Notice
20 that Plaintiff is a Vexatious Litigant Subject to a Prefiling Order.
21 5. On or about October 15, 2020, plaintiff filed a Substitution of Attorney naming Lyle
22 D. Solomon as his counsel.
23 6. On October 16, 2020, co-defendants John Bantang, Mobile Copy Service, Inc., and
24 Donovan and Frederick Ricketts filed a Second Notice that Plaintiff is a Vexatious Litigant Subject
25 to a Prefiling Order on the grounds that filing the Substitution of Attorneys naming Solomon as
26 counsel did not cure the requirement of plaintiff to obtain a prefiling order.
27 7. On October 19, 2020, the Hanover Defendants filed a Notice of Joiner to that
28 Second Notice.
1201688 -2-
DECLARATION OF JAMIE A. RADACK IN SUPPORT OF JOINDER – CASE NO. S-CV-0045393
1 8. On October 28, 2020, I had a meet and confer telephone conversation with Lyle
2 Solomon regarding the grounds for the Hanover Defendants’ demurrer and accompanying motion
3 to sever. Solomon explained that he was counsel for plaintiff’s company. He also stated that he
4 had not yet reviewed the Complaint.
5 Executed this 24th day of November 2020, at Livermore, California.
6 I declare under the penalty of perjury under the laws of the State of California that the
7 foregoing is true and correct.
8
9 Jamie A. Radack
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1201688 -3-
DECLARATION OF JAMIE A. RADACK IN SUPPORT OF JOINDER – CASE NO. S-CV-0045393
1 CASE NAME: Hubbard v. Bantang, et al.
CASE NUMBER: Placer County Superior Court No.: SCV-0045393
2
PROOF OF SERVICE
3
I am a resident of the State of California. My business address is 999 Skyway Road, Suite
4 310, San Carlos 94070. I am employed in the County of San Mateo where this service occurs. I am
over the age of 18 years, and not a party to the within cause. I am readily familiar with my
5 employer’s normal business practice for collection and processing of correspondence for mailing
with the U.S. Postal Service, and that practice is that correspondence is deposited with the U.S.
6 Postal Service the same day as the day of collection in the ordinary course of business.
7 On the date set forth below, following ordinary business practice, I served a true copy of the
foregoing document(s) described as:
8
DECLARATION OF JAMIE A. RADACK IN SUPPORT OF DEFENDANTS
9 ALLMERICA FINANCIAL BENEFIT INSURANCE, JOHN CONNOR ROCHE, GWEN
JONES, ARTHUR ANDERSON AND SCOT ERIKSON’S JOINDER TO MOTION FOR
10 AN ORDER FOR DISMISSAL FOR FAILING TO TIMELY OBTAIN A PRE-FILING
ORDER WITHIN 10 DAYS OF THE SECOND NOTICE
11
12 (BY MAIL) I caused such envelope(s) with postage thereon fully prepaid to be
placed in the United States mail at Redwood City, California.
13
(BY EMAIL) by transmitting via email the document(s) listed above to the
corresponding email address(es), or as stated on the attached service list, on this
14 date before 5:00 p.m.
15 Lyle D. Solomon, Esq. Amanda Griffith, Esq.
P.O. Box 1411 David R. Casady, Esq.
16 Rocklin, CA 95677 BERMAN BERMAN BERMAN
Telephone: (916) 532-2726 SCHNEIDER & LOWARY, LLP
17 : Email: lyleds56@yahoo.com
2390 Professional Drive
18 Roseville, CA 95661
Attorney for Plaintiff Telephone: (916) 846-9391
19 DONALD HUBBARD Facsimile: (916) 672-9290
Emails:angriffith@b3law.com
20 drcasady@b3law.com
21
Attorney for Defendants
22 MATTHEW JOHN BANTANG; MOBILE COPY
SERVICE, INC.; DONOVAN RICKETTS and
23 FREDERICK RICKETTS
24 (State) I declare under penalty of perjury under the laws of the State of California
that the above is true and correct.
25
Executed on November 24, 2020 at San Carlos, California.
26
_____________________________________
27 Abigail Calderon
28
PROOF OF SERVICE - CASE NO. SCV-0045393
Preview
11/24/2020 1 STEPHEN M. HAYES (SBN 83583) STEPHEN P. ELLINGSON (SBN 136505) 2 JAMIE A. RADACK (SBN 221000) TYLER R. AUSTIN (SBN 293977) 3 HAYES SCOTT BONINO ELLINGSON GUSLANI SIMONSON & CLAUSE, LLP 4 999 Skyway Road, Suite 310 San Carlos, California 94070 5 Telephone: (650) 637-9100 Facsimile: (650) 637-8071 6 7 Attorneys for Defendant ALLMERICA FINANCIAL BENEFIT INSURANCE (Sued 8 erroneously as The Hanover Insurance Group, The Hanover American Insurance, and Allmerica Financial Alliance Company), JOHN 9 CONNOR ROCHE, GWEN JONES, ARTHUR ANDERSON and SCOT ERIKSON 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 IN AND FOR THE COUNTY OF PLACER 13 DONALD HUBBARD, CASE NO. S-CV-0045393 14 Plaintiff, DECLARATION OF JAMIE A. RADACK IN 15 SUPPORT OF DEFENDANTS ALLMERICA vs. FINANCIAL BENEFIT INSURANCE, JOHN 16 CONNOR ROCHE, GWEN JONES, ARTHUR MATTHEW JOHN BANTANG, [a.k.a., ANDERSON AND SCOT ERIKSON’S 17 MATT BANTANG], an individual; JOINDER TO MOTION FOR AN ORDER MOBILE COPY SERVICES, INC., a FOR DISMISSAL FOR FAILING TO TIMELY 18 California Corporation; DONOVAN OBTAIN A PRE-FILING ORDER WITHIN 10 RICKETTS, an individual and managing DAYS OF THE SECOND NOTICE 19 employee of MOBILE COPY SERVICE, INC.; FREDERICK RICKETTS, an Date: December 11, 2020 20 individual and managing employee of Time: 8:00 a.m. MOBILE COPY SERVICE, INC.; THE Dept.: 3 21 HANOVER INSURANCE GROUP, an unknown business entity; THE HANOVER Complaint Filed: May 7, 2020 22 AMERICAN INSURANCE COMPANY, a Trial Date: Not yet set foreign stock company; JOHN CONNER 23 ROCHE an individual and managing employee of THE HANOVER 24 INSURANCE GROUP; GWEN JONES, an individual and Agent of THE 25 HANOVER AMERICAN INSURANCE COMPANY; ALLMERICA FINANCIAL 26 ALLIANCE, an unknown business entity; ARTHUR ANDERSON, an individual and 27 Agent of THE HANOVER AMERICAN INSURANCE COMPANY; SCOT A. 28 ERIKSON, an individual and Agent of 1201688 -1- DECLARATION OF JAMIE A. RADACK IN SUPPORT OF JOINDER – CASE NO. S-CV-0045393 1 THE HANOVER AMERICAN INSURANCE COMPANY; SUTTER 2 HEALTH AND AETNA ADMINISTRATIVE SERVICES LLC 3 dba, SUTTER DIAGNOSTIC IMAGING and, DOES 1 through 50, inclusive, 4 Defendants. 5 6 I, Jamie A. Radack, declare as follows: 7 1. I have personal knowledge of each matter stated herein and, if called as a witness, I 8 could and would competently testify thereto. 9 2. I am an attorney at law duly licensed to practice in all of the courts of the State of 10 California and I am an associate of the law firm Hayes Scott Bonino Ellingson Guslani Simonson & 11 Clause, LLP, counsel for defendants Allmerica Financial Benefit Insurance (sued erroneously as The 12 Hanover Insurance Group, The Hanover American Insurance, and Allmerica Financial Alliance 13 Company), John Connor Roche, Gwen Jones, Arthur Anderson and Scot Erikson (“Hanover 14 Defendants”) in the above-referenced matter filed by plaintiff Donald Hubbard. 15 3. I submit this declaration in support of the Hanover Defendants’ Joinder to defendants 16 Matthew John Bantang, Mobile Copy Service, Inc. and Frederick Rickett’s (“Co-Defendants”) 17 motion for an order for dismissal for failing to timely obtain a pre-filing order within 10 days of the 18 Second Notice. 19 4. On or about October 12, 2020, the Hanover Defendants attempted to file a Notice 20 that Plaintiff is a Vexatious Litigant Subject to a Prefiling Order. 21 5. On or about October 15, 2020, plaintiff filed a Substitution of Attorney naming Lyle 22 D. Solomon as his counsel. 23 6. On October 16, 2020, co-defendants John Bantang, Mobile Copy Service, Inc., and 24 Donovan and Frederick Ricketts filed a Second Notice that Plaintiff is a Vexatious Litigant Subject 25 to a Prefiling Order on the grounds that filing the Substitution of Attorneys naming Solomon as 26 counsel did not cure the requirement of plaintiff to obtain a prefiling order. 27 7. On October 19, 2020, the Hanover Defendants filed a Notice of Joiner to that 28 Second Notice. 1201688 -2- DECLARATION OF JAMIE A. RADACK IN SUPPORT OF JOINDER – CASE NO. S-CV-0045393 1 8. On October 28, 2020, I had a meet and confer telephone conversation with Lyle 2 Solomon regarding the grounds for the Hanover Defendants’ demurrer and accompanying motion 3 to sever. Solomon explained that he was counsel for plaintiff’s company. He also stated that he 4 had not yet reviewed the Complaint. 5 Executed this 24th day of November 2020, at Livermore, California. 6 I declare under the penalty of perjury under the laws of the State of California that the 7 foregoing is true and correct. 8 9 Jamie A. Radack 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1201688 -3- DECLARATION OF JAMIE A. RADACK IN SUPPORT OF JOINDER – CASE NO. S-CV-0045393 1 CASE NAME: Hubbard v. Bantang, et al. CASE NUMBER: Placer County Superior Court No.: SCV-0045393 2 PROOF OF SERVICE 3 I am a resident of the State of California. My business address is 999 Skyway Road, Suite 4 310, San Carlos 94070. I am employed in the County of San Mateo where this service occurs. I am over the age of 18 years, and not a party to the within cause. I am readily familiar with my 5 employer’s normal business practice for collection and processing of correspondence for mailing with the U.S. Postal Service, and that practice is that correspondence is deposited with the U.S. 6 Postal Service the same day as the day of collection in the ordinary course of business. 7 On the date set forth below, following ordinary business practice, I served a true copy of the foregoing document(s) described as: 8 DECLARATION OF JAMIE A. RADACK IN SUPPORT OF DEFENDANTS 9 ALLMERICA FINANCIAL BENEFIT INSURANCE, JOHN CONNOR ROCHE, GWEN JONES, ARTHUR ANDERSON AND SCOT ERIKSON’S JOINDER TO MOTION FOR 10 AN ORDER FOR DISMISSAL FOR FAILING TO TIMELY OBTAIN A PRE-FILING ORDER WITHIN 10 DAYS OF THE SECOND NOTICE 11 12 (BY MAIL) I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail at Redwood City, California. 13 (BY EMAIL) by transmitting via email the document(s) listed above to the corresponding email address(es), or as stated on the attached service list, on this 14 date before 5:00 p.m. 15 Lyle D. Solomon, Esq. Amanda Griffith, Esq. P.O. Box 1411 David R. Casady, Esq. 16 Rocklin, CA 95677 BERMAN BERMAN BERMAN Telephone: (916) 532-2726 SCHNEIDER & LOWARY, LLP 17 : Email: lyleds56@yahoo.com 2390 Professional Drive 18 Roseville, CA 95661 Attorney for Plaintiff Telephone: (916) 846-9391 19 DONALD HUBBARD Facsimile: (916) 672-9290 Emails:angriffith@b3law.com 20 drcasady@b3law.com 21 Attorney for Defendants 22 MATTHEW JOHN BANTANG; MOBILE COPY SERVICE, INC.; DONOVAN RICKETTS and 23 FREDERICK RICKETTS 24 (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 25 Executed on November 24, 2020 at San Carlos, California. 26 _____________________________________ 27 Abigail Calderon 28 PROOF OF SERVICE - CASE NO. SCV-0045393