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EDMUND G. BROWN JR.
Attorney General of the State of California
SCOTT T. FLEMING
Deputy Attorney General
State Bar No. 17057
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Tel. No. (415) 703-5710
Fax No. (415) 703-5480
Email: scott.fleming@doj.ca.gov
Attorney for Applicant and Liquidator,
Steve Poizner, Insurance Commissioner
of the State of California
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
INSURANCE COMMISSIONER OF THE
STATE OF CALIFORNIA
Applicant
v.
CITATION GENERAL INSURANCE
COMPANY, a California corporation
Respondents
Case No. CPF-95-972164
ORDER APPROVING AN
INTERIM DISTRIBUTION OF ASSETS
TO APPROVED CLAIMANTS
Date: 12/05/2008
Time: 9:30 a.m.
Dept.: 302
This matter, having come before the Court on regular notice to the parties requesting notice, and no objections having been filed or served, and the appearance of Deputy Attorney General Scott T. Fleming having been made, and no other appearances noted of record, and good cause otherwise appearing, the Court ORDERS THAT:
An interim distribution to the creditors pursuant to their respective priorities under California Insurance Code Section 1033 is appropriate and within the discretion of the Commissioner of Insurance, in his capacity as Liquidator of Citation General Insurance Company;
The Court approves the application of the Liquidator of Citation General Insurance Company to distribute and pay pro rata the amount of approximately $7,477,666, and the Court authorizes such distribution, from the assets of Citation General Insurance Company to the following Class 5 creditors in the following amounts:
PocNo
Payee Class
Approved Amount
Interim Dist Amount @ 95.4%
Payee
103579
5
$500.00
$477.06
TERRAVERA, INC.
101746
5
$500.00
$477.06
HALL, ALICE
24148
5
$25,214.00
$24,057.12
MANUEL GERIS
110489
5
$25,003.00
$23,855.80
SELSKJ & STURGEON
125596
5
$10,766.00
$10,272.03
SARA BAIRES, ET AL
106075
5
$500,000.00
$477,058.70
LEWIS HOMES OF CALIFORNIA
107476
5
$2,139.27
$2,041.11
WEST COAST PROPERTY MANAGEMENT
102076
5
$1,083.75
$1,034.02
IRENE WONG CHAN
103865
5
$412.50
$393.57
WINTER, JEFFREY
102802
5
$68.00
$64.88
CERTIFIED EQUIPMENT
101711
5
$1,993.00
$1,901.56
PENSION PLAN & TRUST OF EL REY OF HOLLYWOOD, INC.
101247
5
$419.79
$400.53
RONALD O. ADLEY AND BEVERLY A. ADLEY
125170
5
$169.00
$161.25
ATLANTIC PACIFIC PIZZA BAKERY, INC.
124516
5
$1,686.00
$1,608.64
CHALLISS HOUSE
4280
5
$3,172.00
$3,026.46
WILLIAM & NELL BOOKER
102900
5
$8,843.15
$8,437.40
FIRESTONE FINANCIAL
125041
5
$1,958.45
$1,868.59
AGRAWAL, SANJIV & KUSUM
124458
5
$17,372,631.55
$6,920,530.05
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION
Note: California Insurance Guaranty Association received an early access distribution in the amount of $9,655,000 in 1997.
The Liquidator is authorized to reserve approximately $10,624,098 to resolve any potential tax liability; and,
The Liquidator is authorized to reserve approximately $278,930 for payment of administrative expenses during the pendency of the tax issue; and,
The Liquidator is authorized to take any and all actions necessary to accomplish the purposes of this Order.
DATED: DEC 05 2008
PATRICK J. MAHONEY'
SUPERIOR COURT JUDGE
DECLARATION OF SERVICE BY U.S. MAIL
Case Name:
Insurance Commissioner of the State of California v. Citation General Insurance Company
Case No.:
San Francisco County Superior Court CPF-95-972164
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 or 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 December 1, 2008, I served the attached [PROPOSED] ORDER APPROVING AN INTERIM DISTRIBUTION OF ASSETS TO APPROVED CLAIMANTS 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 December 1, 2008, at San Francisco, California.
Louise Denish
Declarant
Signature
SERVICE LIST:
INSURANCE COMMISSIONER OF THE STATE OF CA.
v. CITATION GENERAL INSURANCE COMPANY
Gary Fontana
Thelan, Reid & Priest, LLP
101 2nd Street
San Francisco, CA 94105-3672
Cragin & Pike Inc.
2603 W Charleston Blvd.
Las Vegas, NV 89102
Wayne Wilson
Executive Director
California Insurance Guaranty Association
P.O. Box 29066
Glendale, CA 91209-9066
Donald D. Young
President
Citation General Insurance Co.
P.O. Box 28586
San Jose, CA 95159
Pamela Mackay
Deputy Commissioner
Nevada Division of Insurance
788 Fairview Drive, Suite 300
Carson City, NV 89701-5491
Donald D. Young, President
Citation General Insurance Co.
One Almaden Blvd.
San Jose, CA 95113
Robert Fernandez
Special Deputy Receiver
CA Dept. of Insurance
Conservation & Liquidation Office
P.O. Box 26894
San Francisco, CA 94126-6894
Jack Horn, Senior Staff Counsel
Department of Insurance
45 Fremont Street, 21st Floor
San Francisco, CA 94105
Pico Holdings, Inc.
875 Prospect Street
Suite 301
La Jolla, CA 9203 7-4264
