Case 2:10-cv-09198-JVS -RNB Document 325 Filed 09/06/12 Page 1of3 Page ID #:14582

JONATHAN A. SHAPIRO (257199)

WILMER CUTLER PICKERING HALE AND DORR LLP 950 Page Mill Road

Palo Alto, CA 94304

Tel: (650) 858-6101

Fax: (650) 858-6100

jonathan.shapiro @ wilmerhale.com

ANDREA J. ROBINSON (PRO HAC VICE) TIMOTHY J. PERLA (PRO HAC VICE) WILMER CUTLER PICKERING HALE AND DORR LLP 60 State Street

Boston, MA 02109

Tel: (617) 526-6000

Fax: (617) 526-5000 andrea.robinson @ wilmerhale.com timothy.perla@ wilmerhale.com

Attorneys for Defendant Life Insurance Company of the Southwest

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

SOUTHERN DIVISION JOYCE WALKER, KIM BRUCE Case No.: 10-09198 JVS(RNBx) HOWLETT, and MURIEL SPOONER on behalf of themselves and all others NOTICE OF SUPPLEMENTAL similarly situated, AUTHORITY IN SUPPORT OF LSW’S OPPOSITION TO PLAINTIFF’S Plaintiffs, MOTION FOR CLASS CERTIFICATION VS. Judge: James Selna LIFE INSURANCE COMPANY OF Date: September 10, 2012 THE SOUTHWEST, a Texas Time: 1:40 PM corporation, and DOES 1-50, Courtroom: 10C Defendant.

NOTICE OF SUPPLEMENTAL AUTHORITY, 10-09198 JVS(RNBx)

Case 2:10-cv-09198-JVS -RNB Document 325 Filed 09/06/12 Page 2of3 Page ID #:14583

NOTICE OF SUPPLEMENTAL AUTHORITY

Defendant Life Insurance Company of the Southwest (“LSW’’) respectfully submits and brings to the attention of the Court and counsel supplemental authority that was issued after LSW’s Opposition to Plaintiffs’ Motion for Class Certification was filed.

Tucker v. Pacific Bell Mobile Services, 145 Cal.Rptr.3d 340 (Cal. App. 2012) was decided on August 7, 2012, approximately three weeks after LSW’s Opposition was filed. It is attached hereto as Exhibit A. This decision provides additional support for (1) LSW’s contention that Plaintiffs’ fraud and UCL claims are not suitable for class certification where there are individualized questions as to whether putative class members were exposed to the alleged omissions in the first instance; (id. at 357-62) and (2) LSW’s contention that the measure of damages used by Plaintiffs’ expert is not

appropriate under the UCL (id. at 363).

DATED: September 6, 2012 Respectfully submitted, WILMER CUTLER PICKERING HALE AND DORR LLP

By: /s/ Jonathan A. Shapiro Jonathan A. Shapiro (257199)

Andrea J. Robinson (pro hac vice) Timothy J. Perla (pro hac vice)

Attorneys for Defendant Life Insurance Company of

the Southwest

sje NOTICE OF SUPPLEMENTAL AUTHORITY, 10-09198 JVS(RNBx)

Case 2:10-cv-09198-JVS -RNB Document 325 Filed 09/06/12 Page 3of3 Page ID #:14584

1 2

PROOF OF SERVICE

I am a resident of the Commonwealth of Massachusetts, over the age of eighteen

ears, and not a party to the within action. My business address is Wilmer Cutler Pickering 3 ale and Dorr LLP, 60 State Street, Boston, MA 02109. On September 6, 2012 I served the within document(s):

On

NOTICE OF SUPPLEMENTAL AUTHORITY

I placed the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Palo Alto, CA addressed as set forth below.

I personally caused to be emailed the document(s) listed above to the person(s) at the address(es) set forth below.

I electronically filed the document(s) listed above via the CM/ECF system.

I personally caused to be delivered by Facsimile the document(s) listed above to the person(s) at the facsimile number(s) set forth below.

Brian P. Brosnahan

Charles N. Freiberg

Jacob Foster

KASOWITZ, BENSON, TORRES & FRIEDMAN LLP 101 California Street, Suite 2300

San Francisco, CA 94111

(415) 358-4278

Harvey R. Levine

LEVINE & MILLER

550 West C. Street, Suite 1810 San Diego, CA 92101-8596 (619) 231-8638

/s/ Joel Fleming Joel Fleming

24a NOTICE OF SUPPLEMENTAL AUTHORITY, 10-09198 JVS(RNBx)