101] CALIFORNIA STREET, SUITE 2300

KASOWITZ, BENSON, TORRES & FRIEDMAN LLP SAN FRANCISCO, CALIFORNIA 9411]

Cas@ 2:10-cv-09198-JVS-RNB Document 436-1 Filed 05/08/13 Page1of4 Page ID #:19911

| | KASOWITZ, BENSON, TORRES & FRIEDMAN LLP CHARLES N. FREIBERG (SBN bce

7 || 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

LAW OFFICES OF CRAIG A. MILLER 6 || CRAIG A. MILLER (SBN 116030)

225 Broadway, Suite 1310 7||San Diego, CA 92101

Telephone: (619) 231-9449 g || Facsimile: (619) 231-8638

g || Attorneys for Plaintiffs JOYCE WALKER, KIM BRUCE HOWLETT, 19 | and MURIEL SPOONER, on behalf of themselves and all others similarly situated

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

|s || JOYCE WALKER, KIM BRUCE CLASS ACTION HOWLETT, and MURIEL SPOONER, |~ on behalf of themselves and all others CASE NO.: CV 10-9198 JVS (RNBx)

16 | similarly situated, 17 a Formerly Case No.: 3:10-cv -04852 JSW Plaintifts, from Northern District of California

18 V. DECLARATION OF LESA

DINGLASAN SUBMITTED UNDER

———— C RESPONSE TO DECLARATION OF CAITLIN MONAHAN CONCERNING 5] Defendant. POLICY FILE REVIEW 59 District Judge James V. Selna 53 Date: May 20, 2013 Time: 1:30 p.m. 44 Courtroom: 10C Zo 26 a1 28

DINGLASAN DEC. UNDER RULE OF COMPLETENESS RE MONAHAN DEC. RE POLICY FILE REVIEW Case No. CV 10-9198 JVS (RNBx)

KASOWITZ, BENSON, TORRES & FRIEDMAN LLP

10} CALIFORNIA STREET, SUITE 2300 SAN FRANCISCO, CALIFORNIA 94111

Casé

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I, LESA DINGLASAN, declare:

l. Iam a paralegal employed by Kasowitz, Benson, Torres & Friedman, LLP, counsel for Plaintiffs Joyce Walker, Kim Bruce Howlett, and Muriel Spooner (collectively, “Plaintiffs”) in these proceedings. I submit this declaration pursuant to the rule of completeness, Federal Rule of Evidence 106, in response to the Declaration of Caitlin Monahan Concerning Policy File Review (“Monahan Declaration”), which was submitted by Defendant Life Insurance Company of the Southwest (“LS W”) in response to the Court’s April 12, 2013 Order to Show Cause. I have personal knowledge of the facts stated herein and if required could and would testify under oath thereto.

2. I have personally reviewed Ms. Monahan’s declaration, the exhibits attached thereto, and the 13 specific policy files she discusses in her declaration.

3. The policy file excerpts attached as Exhibit A to the Monahan Declaration consist of a copy of an illustration for Policy No. LS0248396. Attached hereto as Exhibit A is a true and correct copy of the policy application for Policy No. LS0248396, in which the sales illustration certification box is not checked.

4. The policy file excerpts attached as Exhibits B and E to the Monahan Declaration consist of copies of two policy applications and “six different illustrations” for Policy No. LS0152759. See Monahan Dec. 413. Attached hereto as Exhibit B is a true and correct copy of the Agent’s Report for Policy No. LS0152759, which states that an illustration was used.

oy The policy file excerpts attached as Exhibit C to the Monahan Declaration consist of copies of two applications from the file for Policy No. LS0171145. Attached hereto as Exhibit C is a true and correct copy of the Agent’s Report for Policy No. LS0171145, which states that an illustration was used.

6. The policy file excerpts attached as Exhibit D to the Monahan Declaration consist of copies of an application and two illustrations from the file

DINGLASAN DEC. UNDER RULE OF COMPLETENESS RE MONAHAN DEC. RE POLICY FILE REVIEW Case No. CV 10-9198 JVS (RNBx) ]

KASOWITZ, BENSON, TORRES & FRIEDMAN LLP

101 CALIFORNIA STREET, SUITE 2300 SAN FRANCISCO, CALIFORNIA 94111

Casé¢

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for Policy No. LS0237539. Attached hereto as Exhibit D is a true and correct copy of the Agent’s Report for Policy No. LS0237539, which states that a computer illustration was used.

2 The policy file excerpts attached as Exhibit F to the Monahan Declaration consist of copies of two illustration signature pages for Policy No. LS0175010. Attached hereto as Exhibit E is a true and correct copy of the Agent’s Report for Policy No. LS0175010, which states that the sales software was used.

8. The policy file excerpts attached as Exhibit G to the Monahan Declaration consist of copies of an application and a separate application signature page from the file for Policy No. LS0181364. Attached hereto as Exhibit F is a true and correct copy of the Agent’s Report for Policy No. LS0181364, which states that no sales materials were used. There is no sales illustration present in the file for Policy No. 181364.

9. The policy file excerpts attached as Exhibit I to the Monahan Declaration consist of a copy of an illustration from the file for Policy No. LS0185741. Attached hereto as Exhibit G is a true and correct copy of the Agent’s Report for Policy No. LS0185741, which states that an illustration was used.

10. The policy file excerpts attached as Exhibit J to the Monahan Declaration consist of a copy of an illustration from the file for Policy No. LS0188390. Attached hereto as Exhibit H is a true and correct copy of the Agent’s Report for Policy No. LS0188390, which states that a sales illustration was used.

11. The policy file excerpts attached as Exhibit K to the Monahan Declaration consist of three pages of an illustration for Policy No. LS0178299, which was produced by LSW on or around October 24, 2011 as part of the initial sample of 400 policies, bearing Bates numbers LS W00047863-LS W00047865, which Ms. Monahan testifies is “an illustration that is missing pages.” Monahan Dec. 419. Attached hereto as Exhibit I are true and correct copies of the complete sales illustration from the file for Policy No. LS0178299 (produced by LSW in or

DINGLASAN DEC. UNDER RULE OF COMPLETENESS RE MONAHAN DEC. RE POLICY FILE REVIEW Case No. CV 10-9198 JVS (RNBx) 2

KASOWITZ, BENSON, TORRES & FRIEDMAN LLP

10} CALIFORNIA STREET, SUITE 2300 SAN FRANCISCO, CALIFORNIA 94111

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around February 2012), which was created and signed by the policyholder on the date of policy application (October 8, 2008); the Agent’s Report for Policy No. LS0178299, which states that an illustration was used; and the policy application for Policy No. LS0178299, in which the sales illustration certification box is not checked.

12. The policy file excerpts attached as Exhibit M to the Monahan Declaration consist of a copy of a policy application for Policy No. LS0204769. Attached hereto as Exhibit J are true and correct copies of a sales illustration from the file for Policy No. LS0204769, which was created and signed by the policyholder on or before the date of policy application (September 30, 2009); and the Agent’s Report for Policy No. LS0204769, which states that an illustration was used.

13. The policy file excerpts attached as Exhibit N to the Monahan Declaration consist of a copy of internal correspondence from the file for Policy No. LS0202372. Attached hereto as Exhibit K is a true and correct copy of the Agent’s Report for Policy No. LS0202372, which states that an illustration was

used.

I declare under penalty of perjury that the foregoing is true and correct.

Executed this 8" day of May, 2013 at San Francisco, California.

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DINGLASAN DEC. UNDER RULE OF COMPLETENESS RE MONAHAN DEC. RE POLICY FILE REVIEW Case No. CV 10-9198 JVS (RNBx) 3