KASOWITZ, BENSON, TORRES & FRIEDMAN LLP

101 CALIFORNIA STREET, SUITE 2300 SAN FRANCISCO, CALIFORNIA 94111

Case

:10-cv-09198-JVS -RNB Document 280 Filed 07/31/12 Page 1of2 Page ID #:12487

KASOWITZ, BENSON, TORRES & FRIEDMAN LLP

CHARLES N. FREIBERG (SBN 70890) BRIAN P. BROSNAHAN (SBN 112894)

JACOB N. FOSTER (SBN 250785) 101 California Street, Suite 2300 San Francisco, California 94111 Telephone: (415) 421-6140 Facsimile: (415) 398-5030

LEVINE & MILLER

HARVEY R. LEVINE (SBN 61879) CRAIG A. MILLER (SBN 116030) LEVINE & MILLER

550 West C Street, Suite 1810

San Diego, CA 92101-8596 Telephone: (619) 231-9449 Facsimile: (619) 231-8638

Attorneys for Plaintiffs

JOYCE WALKER, KIM BRUCE HOWLETT, and MURIEL SPOONER, on behalf of themselves

and all others similarly situated

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

JOYCE WALKER, KIM BRUCE HOWLETT, and MURIEL SPOONER, on behalf of themselves and all others similarly situated,

Plaintiffs, V. LIFE INSURANCE COMPANY OF THE SOUTHWEST, a Texas corporation,

Defendant.

CLASS ACTION

CASE NO.: CV 10-9198 JVS (RNBx) Formerly Case No.: 3:10-cv -04852 JSW

from Northern District of California DECLARATION OF JEANETTE T. BARZELAY IN OPPOSITION TO LSW’S MOTION TO STRIKE Magistrate Judge Robert N. Block Date: August 21, 2012

Time: 9:30 a.m.

Courtroom: 6D

Discovery Cutoff: November 5, 2012

Pretrial Conference: January 14, 2013 Trial Date: January 24, 201

DECLARATION OF JEANETTE T. BARZELAY IN OPPOSITION TO LSW’S MOTION TO STRIKE

ase No. CV 10-9198 JVS (RNBx)

KASOWITZ, BENSON, TORRES & FRIEDMAN LLP

101 CALIFORNIA STREET, SUITE 2300 SAN FRANCISCO, CALIFORNIA 94111

Cas

2:10-cv-09198-JVS -RNB Document 280 Filed 07/31/12 Page2of2 PageID #:12488

1. I am an attorney authorized to practice in the courts of California and in the United States District Court for the Central District of California. Iam an associate of Kasowitz, Benson, Torres & Friedman, LLP, counsel for Plaintiffs in these proceedings. I have personal knowledge of the facts stated herein and if required could and would testify under oath thereto.

Ps Attached hereto as Exhibit A is a true and correct copy of Judge Selna’s procedures and standing orders.

3: Attached hereto as Exhibit B are true and correct copies of excerpts from and an errata sheet to the deposition transcript of Donna Morgan, submitted to Plaintiffs by Defendant Life Insurance Company of the Southwest (““LSW’).

4. Attached hereto as Exhibit C is a true and correct copy of an annual statement, dated September 26, 2008, showing the amount of charges Mr. Howlett paid in the first year of his policy. The charges displayed on Howlett Exhibit 11 (submitted as Exhibit D to the Declaration of Timothy Perla in support of LSW’s Motion to Strike) in the first policy year ($1,776) are roughly 14 times lower than the charges applied to Mr. Howlett’s policy during his first year owning the policy ($25,204). See Exhibit C attached hereto. The handwritten numbers on Exhibit 12 (submitted as Exhibit E to the Perla Declaration) reflect the fee amounts applied to Mr. Howlett’s policy during the first policy year. See Exhibit C attached hereto.

o: Attached hereto as Exhibit D is a true and correct copy of Plaintiffs’ Responses to LSW’s Third Set of Interrogatories, dated June 14, 2012.

KASOWITZ BENSON TORRES & FRIEDMAN

DATED: July 30, 2012 LLP

By: /s/ Jeanette T. Barzelay Jeanette T. Barzelay

DECLARATION OF JEANETTE T. BARZELAY IN OPPOSITION TO LSW’S MOTION TO STRIKE Case No. CV 10-9198 JVS (RNBx)