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BILL LOCKYER
Attorney General of the State of California
RANDALL P. BORCHERDING, State Bar No. 52237
Supervising Deputy Attorney General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: (415) 703-5509
Fax: (415) 703-5480
Attorneys for Applicant Insurance Commissioner of
the State of California
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
INSURANCE COMMISSIONER OF THE STATE
OF CALIFORNIA, |
Applicant, |
v. |
FIRST CALIFORNIA PROPERTY AND
CASUALTY INSURANCE COMPANY, a
California Corporation, |
Respondent. |
|
CASE NO. 301529
DECLARATION OF
COMPLIANCE BY ROBERT
FERNANDEZ
|
|
I, Robert Fernandez, declare as follows:
- I am an Estate Trust Officer ("ETO") in the Insurance Commissioner's Conservation & Liquidation Office ("CLO"). My duties include managing and supervising for the CLO the administration of insurance companies conserved and liquidated by the California Insurance Commissioner. I have held this position since March 20,1995. I make this declaration in my official capacity as an ETO of the CLO.
- I am the ETO for First California Property and Casualty Insurance Company ("First California").
- If called upon to testify, I could competently testify to the following facts as they are personally known to me, except as to those matters stated on information and belief, and as to those matters, I believe them to be true. The statements contained herein are based upon information that has been assembled by authorized employees of the CLO from the official records maintained by the CLO under my supervision. I am informed and believe that the statements based upon those records are true. As to those matters that are within my own personal knowledge, the statements are true.
- On April 12, 2005, this Court granted the Insurance Commissioner's VERIFIED APPLICATION FOR ORDERS: 1) APPROVING FINAL DISTRIBUTION OF ASSETS; 2) SETTLING AND APPROVING FINAL REPORT AND ACCOUNT OF CONSERVATOR AND LIQUIDATOR FROM SEPTEMBER 6, 1989 TO OCTOBER 31, 2004; 3) DISCHARGING THE INSURANCE COMMISSIONER AS LIQUIDATOR; AND 4) TERMINATING THESE PROCEEDING, and issued its Order thereon. ("Order").
- Pursuant to the Court's Order, the CLO made a pro-rata distribution of the assets of First California to class 5 claimants by mailing 93 checks to approved claimants and sending one electronic wire of funds to claimant California Insurance Guaranty Association.
- As of October 31, 2005, there were 51 checks either returned or which remained uncashed. The total of the 51 checks is $18,339.80, which the CLO is in the process now of escheating to the California State Controller pursuant to the Court's Order.
- The Commissioner will retain the records of First California currently in his possession for three years from the date of filing of this Declaration of Compliance.
- The Commissioner has complied with the provisions of the April 12, 2005 Order of this Court. As provided by paragraphs 4 and 5 of the Order, upon the filing of this Declaration of Compliance, the Commissioner will be discharged as Liquidator, having no liability, acting in any capacity, to any person arising, occurring or relating to his activities prior to, or during, his conservation and liquidation of First California. This liquidation proceeding will be terminated, and the liquidation estate closed.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed at San Francisco, California on November 10, 2005.
Robert Fernandez
DECLARATION OF SERVICE BY U.S. MAIL
Case Name: Insurance Commissioner of the State of California v. First California Property and Casualty Insurance Company
No.: 301529
I declare:
I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar, at which member's direction this service is made. I am 18 years of age and older and not a party to this matter. I am familiar with the business practice at the Office of the Attorney General for collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service that same day in the ordinary course of business.
On November 15, 2005, I served the attached DECLARATION OF COMPLIANCE BY ROBERT FERNANDEZ by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the internal mail collection system at the Office of the Attorney General at 455 Golden Gate Avenue, Suite 11000, San Francisco, CA 94102-7004, addressed as follows:
SEE ATTACHED SERVICE LIST
I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct and that this declaration was executed on November 15, 2005, at San Francisco, California.
| Sandy Shum |
|
Sandy Shum |
Declarant |
|
Signature |
Service List
Case Name: Insurance Commissioner of the State of California v. First California Property and Casualty Insurance Company
No.: 301529
Dennis Zaragoza, Esq.
Law office of Dennis Zaragoza
One Embarcadero Center, 12
th Floor
P.O. Box 2190
San Francisco, CA 94111-2190
R. Bruce Paschal, Esq.
6850 Regional Street, #250
Dublin, CA 94568
George G. Walker, Esq.
633 Battery Street, 6
th Floor
San Francisco, CA 94111
Alan A. Dressler, Esq.
633 Battery Street, Suite 635
San Francisco, CA 94111
California Insurance Guarantee Association
P.O. Box 29066
Glendale, CA 91209-9066
Jack Horn
Department of Insurance
Conservation and Liquidation Bureau
45 Fremont Street, 23
rd Floor
San Francisco, CA 94105
(Courtesy copy)
