101 CALIFORNIA STREET, SUITE 2300

KASOWITZ, BENSON, TORRES & FRIEDMAN LLP
SAN FRANCISCO, CALIFORNIA 94111

Case 4{10-cv-09198-JVS -RNB Document 370-1 Filed 01/07/13 Page 1of3 Page ID
#:16980

1 KASOWITZ, BENSON, TORRES & FRIEDMAN LLP
CHARLES N. FREIBERG (SBN 70890)
2|| BRIAN P. BROSNAHAN (SBN 112894)
JACOB N. FOSTER (SBN 250785)
3|| 101 California Street, Suite 2300
San Francisco, California 94111
4|| Telephone: (415) 421-6140
Facsimile: (415) 398-5030
ie
6
2

LAW OFFICES OF CRAIG A. MILLER
CRAIG A. MILLER (SBN 116030)
225 Broadway, Suite 1310
San Diego, CA 92101
3 Telephone: (619) 231-9449
Facsimile: (619) 231-8638

Attorneys for Plaintiffs

JOYCE WALKER, KIM BRUCE HOWLETT,

10! and MURIEL SPOONER, on behalf of themselves
and all others similarly situated

12 UNITED STATES DISTRICT COURT
13 CENTRAL DISTRICT OF CALIFORNIA

16|| JOYCE WALKER, KIM BRUCE | CLASS ACTION
HOWLETT, and MURIEL se
17|| SPOONER, on behalf of themselves} CASE NO.: CV 10-9198 JVS (RNBx)

and all others similarly situated,
18 Plaintiff Formerly Case No.: 3:10-cv -04852 JSW
aintitts, from Northern District of California

alae FOROS GRAN Ns
eee RIS iN, | CERTIFICATION OF NEW AND

REMAINING CURRENT BASIS
21} corporation, CLAIMS
Defendant.
i aunties Date: February 4, 2013
23 Time: 230 pum.
Courtroom: 10C
24
ae
26

[PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION OF NEW AND
REMAINING CURRENT BASIS CLAIMS
Case No. CV 10-9198 JVS (RNBx)

KASOWITZ, BENSON, TORRES & FRIEDMAN LLP

101 CALIFORNIA STREET, SUITE 2300
SAN FRANCISCO, CALIFORNIA 94111

Case

:10-cv-09198-JVS -RNB Document 370-1 Filed 01/07/13 Page2of3 Page ID
#:16981

This matter having come before this Court upon motion by plaintiffs in the
above captioned case, and after having considered the papers submitted and
arguments made by counsel, IT IS HEREBY ORDERED:

Plaintiffs’ Motion for Class Certification of New and Remaining Current
Basis Claims is GRANTED. The current basis claims may be brought under
Federal Rule of Civil Procedure 23(b)(3) by the Sales Ilustration Subclass, which
shall be defined as follows:

All Provider and Paragon policyholders in the state of California who
purchased their policies on or after September 24, 2006, and who were provided a
policy illustration at or before policy application. This class may assert claims
pursuant to all three prongs of the UCL. The members who purchased on or after
September 24, 2007 may also assert a claim for common-law fraudulent
concealment under California law.

Certification of the current basis claims brought by the Sales Illustration

Subclass is appropriate because:

A. — The subclass is so numerous that joinder of all members is
impracticable, satisfying the requirement of Rule 23(a)(1);

B. — There are questions of law or fact common to the subclass,
satisfying the requirements of Rule 23(a)(2);

C. The claims of the representative parties are typical of the claims
of the subclass, satisfying the requirements of Rule 23(a)(3);

D. The plaintiffs will fairly and adequately protect the interests of
the subclass, satisfying the requirements of Rule 23(a)(4);

B, Questions of law or fact common to the members of the
subclass predominate over questions affecting only individual
members;

Fi, A class action is superior to other methods available for the fair

and efficient adjudication of the controversy, satisfying the

[PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION OF NEW AND
REMAINING CURRENT BASIS CLAIMS
Case No. CV 10-9198 JVS (RNBx)
1

KASOWITZ, BENSON, TORRES & FRIEDMAN LLP

101 CALIFORNIA STREET, SUITE 2300
SAN FRANCISCO, CALIFORNIA 94111

Case P:10-cv-09198-JVS -RNB Document 370-1 Filed 01/07/13 Page 3of3 Page ID
#:16982

1 requirements of Rule 23 (b)(3);

=

G. The law firms of Kasowitz, Benson, Torres & Friedman LLP
3 and Levine Miller LLP will fairly and adequately represent the
4 interests of the subclass as Class Counsel;
5
6

IT IS FURTHER ORDERED THAT plaintiffs Joyce Walker, Kim Bruce
Howlett, and Muriel Spooner shall serve as class representatives for the Sales
,|| Illustration Subclass in regards to the current basis claims.
g IT IS FURTHER ORDERED THAT the law firms of Kasowitz, Benson,
g|| Torres & Friedman LLP and Levine Miller LLP are appointed as Co-Class

19|| Counsel for the Sales Ilustration Subclass in regards to the current basis claims.

is IT IS SO ORDERED.
‘a DATED: __

16 Hon. James V. Selna, U.S.D.J.

[PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION OF NEW AND
REMAINING CURRENT BASIS CLAIMS
Case No. CV 10-9198 JVS (RNBx)
2