administrator or law firm. We and our partners use cookies to Store and/or access information on a device. Not that I want to discount the plaintiffs' potential suffering, I simply feel that the evidence provided in the complaint falls short of proving wrongdoing. Then, Plaintiffs discovered that, in fact, the United Omaha policy was not paid-up for 20 years, requiring them to pay $596,960 to maintain this policy for the full 20 years, per their original plan. This lawsuit was filed on behalf of Californians who purchased Pacific Discovery Xelerator IUL life insurance policies. (Code Civ. Ace Seat Belt said when it bought a $50,000 life insurance policy, it was incorrectly told that dividends from a previous policy would cover the premiums, the Kentucky Post reported. A tenured Pacific University professor is suing the school for $1.3 million, claiming he was illegally ousted from his position over comments he made about gender and race while teaching. ), It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint. (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) According to the firms CRD records, Pacific Life has been the subject of regulatory claims and litigation, such as: 2022: The New York State Department of Financial Services (DFS) imposed a $3M penalty on Pacific Life for conducting insurance business related to its pension risk transfer (PRT) business in the state without a license. (Id., 19.) A class action lawsuit filed in California against Pacific Life Insurance Company (PacLife), Pacific Life Insurance Company offers their own IUL policy known as the, . (they say it was 2002 I think it was 1999) Can you help me? Nevertheless, section 379 still requires claims arising out of the same transaction, or series of transactions or occurrences. (Code Civ. Pacific Life Named One of World's Most Ethical Companies for Sixth Consecutive Year In order to sell life insurance, a financial professional must be a properly licensed and appointed life insurance producer. Gwendalyn Douglass v. Reliant Life Shares LLC et al, Ed Baeza et al v. Reliant Life Shares, LLC et al, Auletto v. United of Omaha Life Insurance Company, HENDERSON v. UNITED OF OMAHA LIFE INSURANCE COMPANY, Kaza v. United of Omaha Life Insurance Company, Hack v. Lincoln National Life Insurance Company, Magliato v. The Lincoln National Life Insurance Company. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. That said, I do have some additional thoughts on what the plaintiffs' legal team might have in their possession that could be bad news for PacLife, and potentially bad news for the insurance industry as a whole.if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[300,250],'theinsuranceproblog_com-medrectangle-4','ezslot_2',158,'0','0'])};__ez_fad_position('div-gpt-ad-theinsuranceproblog_com-medrectangle-4-0'); At the core of this lawsuit are PacLife's PDX Indexed Universal Life Insurance policy and its extremely obtuse multiplier bonus. Weaver represented that the cash value of their then-existing policies with MassMutual would be applied to the new policies to minimize the interest and collateral requirements. (Ibid.) Neither Weaver nor Silverman disclosed any risks of the proposed premium financing of the new insurance policies. by Defendant Pacific Life Insurance Company ("PacLife") to sell its "Pacific Discovery Xelerator IUL" ("PDX") indexed universal life insurance policies to California residents. Now what. Misleading PacLife IUL Marketing Could Lead to Policy Surrender, GE Capital Assurance universal life price hikes may be unlawful and excessive, Creditor and debt collector calls class action lawsuit investigation, Essential: Remember your cookie permission setting, Essential: Gather information you input into a contact forms, newsletter and other forms across all pages, Essential: Keep track of what you input in a shopping cart, Essential: Authenticate that you are logged into your user account, Essential: Remember language version you selected, Functionality: Remember social media settings, Functionality: Remember selected region and country, Analytics: Keep track of your visited pages and interaction taken, Analytics: Keep track about your location and region based on your IP number, Analytics: Keep track of the time spent on each page, Analytics: Increase the data quality of the statistics functions, Advertising: Tailor information and advertising to your interests based on e.g. (c), (e).). Hl;Q##Z+_\~RQ}9I,3/W_+=bf Having your own skilled securities lawyers fighting for your recovery and protecting your legal rights is integral. 3:23-CV-00124 | 2023-02-02, U.S. District Courts | Labor | What great work you do on behalf of people like me who have been wronged, yet don't know how to navigate the appeals/mediation/arbitration process as you do. ), Beginning on or about September 8, 2016, and continuing during 2017, Weaver and Silverman made proposals to Gary Marenzi and Rebecca Prange under which the trusts would obtain tens of millions of dollars of premium-financed life insurance without paying out-of-pocket except for the first year. Is it suitable to sell someone a life insurance contract that lacks the features known to enhance cash value when you the agent know cash value accumulation is the primary goal? ", "My experience with Ryan Cook has been very positive. The Court need not reach the remainder of United Omahas arguments. 6:12-15.) When a policyholder surrenders their PacLife IUL policy, they may lose money that they paid into the policy through premium payments. The moving party shall provide notice and file proof of such with the Court. Certain plaintiffs (Marenzi, Rebecca Prange, and Wesley Prange) assert a Second Cause of Action with four separate counts (for negligence misrepresentation, breach of contract, professional negligence, and declaratory relief) against United Omaha and Daniel Silverman. (Id., 16.) Though the lawsuit Marriott (NASDAQ: MAR) filed in September is ongoing, the ruling means that Pacific Life will have to uphold its contractual obligations, including providing working. But, even more, it is your self-respect and commitment to your position that I admire and your persistent patience-your equanimity. <> 2017-09-20, U.S. District Courts | Finance | Pacific Life Insurance Company offers their own IUL policy known as the Pacific Discovery Xelerator (PDX) IUL. 959 0 obj
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However, they may be able to recover a portion of the policys cash value. Do not miss the opportunity to let SSEK represent you. 2020: Pacific Life Insurance Company was the defendant in a class action securities fraud lawsuit. Pacific Asset Management, which now concentrates on corporate credit securities, was created. Decide which cookies you want to allow. (Cal. For the . (Ibid.) Defendants are listed as Tiffany Xu, Sky Vision Insurance Agency and Pacific Life Insurance. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. That's a big question many have asked for years. Simple! I bought it because I was told the policy premium would NEVER INCREASE and would never be cancelled unless I didnt make my premium payments. Pac Life Sued for Fraud in Class Action Over Deceptive IUL Sales To read the class action complaint (a MUST read), click on the following link: http://advisorshare.com/pac-life-class-action-pdx-iul I've been warning about Pac Life's PDX IUL policy for years. Recently, a class-action lawsuit was filed against Pacific Life regarding its popular and controversial PDX Index Universal Life (IUL) product. Top Class Actions is a legal news source ? DocketNotice of Posting of Jury Fees; Filed by Gary Marenzi (Plaintiff); Rebecca Prange (Plaintiff); Gregory Prange (Plaintiff) et al. If you purchased a PacLife PDX Policy and are not satisfied with how your policy has performed, you may be entitled to compensation for yourself and for other policy owners by joining this Pacific Life Insurance class action lawsuit. Were not defending the product, the company, or anyone involved in selling it. I loved learning legal jargon from you. DocketNotice of Case Management Conference; Filed by Clerk. @
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w^8U4P=Txs-&Cb_V hTmHSa>\ settlement administrator or your attorney for any updates regarding (Complaint, 104.). ATTORNEY NEWSLETTER Pacific Life Insurance Company was the target of a class action lawsuit related to sales of deferred annuities. Your email address will not be published. Now, PacLife moves to compel further responses to form interrogatories, special interrogatories, and requests for production of documents that were served in December 2021. The application is unopposed. The lawsuit alleged, among other things, that Pacific representatives told potential customers that a single payment would cover all premiums, that it sold life-insurance policies as investments, and that it replaced or rolled over certain policies without policy-holders knowledge. In August of this year, two California residents filed a lawsuit against the Pacific Life Insurance Company alleging: Violation of Unfair Competition Law Business and Professions Code Fraud and Deceit Intentional Misrepresentation Negligent Misrepresentation Breach of Fiduciary Duty Professional Negligence The firm offers these investment products to persons, pension funds, and businesses. Too bad you still have to pay for it, Stock market today: Most stocks on Wall Street tick higher, Scooter operators say strict rules, rampant theft threaten business in San Diego, Striking Medieval Times workers struck by car on picket line, These are the EV models that will get you the full $7,500 tax credit, The actor, the hairstylist and the eye surgeon: Drugs and death in a Malibu beach house, Have guests in town? VS PACIFIC LIFE INSURANCE COMPANY, ET AL. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. We're certainly no strangers to policy blending, and we're big advocates of its use. Therefore, the Court orders Plaintiffs and their counsel, jointly and severally, to pay sanctions in the amount of $2,935 within thirty (30) days. Our attorneys and staff have more than 100 years of combined experience in the securities industry and in securities law. Pacific Life Insurance Company may have sold their indexed universal life (IUL) policies under misleading sales representations, which resulted in some consumers surrendering their policies due to unexpected fees. It's peculiar, however, that Xu is a named defendant given the suit seeks class-action status.if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[300,250],'theinsuranceproblog_com-large-mobile-banner-1','ezslot_7',137,'0','0'])};__ez_fad_position('div-gpt-ad-theinsuranceproblog_com-large-mobile-banner-1-0');if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[300,250],'theinsuranceproblog_com-large-mobile-banner-1','ezslot_8',137,'0','1'])};__ez_fad_position('div-gpt-ad-theinsuranceproblog_com-large-mobile-banner-1-0_1');.large-mobile-banner-1-multi-137{border:none!important;display:block!important;float:none!important;line-height:0;margin-bottom:7px!important;margin-left:auto!important;margin-right:auto!important;margin-top:7px!important;max-width:100%!important;min-height:250px;padding:0;text-align:center!important}. In fact, the policies required that both Gary Marenzi and Rebecca Prange to have received an underwriting rate class of standard non-smoker or better. Case Number: *******7878 Hearing Date: December 2, 2021 Dept: 39, Gary Marenzi, et al. Plaintiffs counsel constitutes an abuse of the discovery process, warranting sanctions. status of any class action settlement claim. v. Pacific Life Insurance Company. your claim status, claim form or questions about when payments are Dont you think this is an issue of the company you should pick to deal with IUL rather than the IUL concept itself? Founded in 1868, Pacific Life is an American insurance company with $191B in assets. Some of our partners may process your data as a part of their legitimate business interest without asking for consent. ), In approximately March 2016, Silverman became acquainted with Wayne L. Weaver (Weaver), who said he had a program that they could market to Silvermans client on which they could split the commissions paid by the insurers. These claims relate primarily to premium financing issues and the related representations. The issues in the suit go to the core of. (Ibid.) In 2011, Silverman sold Gary Marenzi and Rebecca Prange a single premium policy from Mutual of Omaha, which was owned by the Marenzi Insurance Trust Number Three. What will be most interesting here is if the plaintiffs' attorneys can prove their allegations based on little historical evidence and a majority of hypothetical future performance. 1:23-CV-20419 | 2023-02-01. 1), and Wesley Prange (as trustee of the Marenzi Insurance Trust No. 3. 2 and No. This website is not intended for viewing or usage by European Union citizens. Plaintiffs assert a First Cause of Action with five separate counts (for intentional misrepresentation, fraudulent concealment, professional negligence, unfair competition, and intentional infliction of emotional distress) against all defendants except United Omaha. Pacific Life Insurance Company, Defendant. ) On October 26, 2020, Wintrust sent another bill for $210,424.58 for interest due, of which $103,775.57 was due by November 19, 2020, and sought additional collateral of $52,150. PacLifes counsel shall provide notice and file proof of such with the Court. Proc. The plaintiffs allege that PacLife designed and marketed this product specifically to skirt the spirit of Actuarial Guideline 49 (AG49). Do Not Sell or Share My Personal Information, Free cash coming to Facebook users. v. Pacific Life Insurance Group, et al. Allianz acquired PIMCO in 2000. Manage Settings With an IUL, interest rates can increase significantly much higher than fixed interest rates when the linked market index performs well. Here is a list of resources to help you determine whether you have a legal case: SSEK Law Firm works with retail investors, institutional investors, and high-net-worth individual investors. Complaint; Filed by Gary Marenzi (Plaintiff); Rebecca Prange (Plaintiff); Gregory Prange (Plaintiff) et al. Indeed, Plaintiffs seek $596,950 in damages to pay the policy to the 20th year of the contract. If you have suffered significant investment losses involving a Pacific Life annuity or another kind of product, you must speak with a skilled securities attorney. Nevertheless, the time period is different for each set of claims. Further, Counsel has demonstrated that he served this application on the State Bar of California at its San Francisco office, and paid the $50 fee as required. Rules of Court, rule 9.40, subd. Were looking at the situation and noting the various implications of this lawsuit. In addition, Silverman sold Gary Marenzi and Rebecca Prange an annuity with Nationwide Life Insurance Company of $213,467. Consumers are accusing PacLife of violating consumer, Unfortunately, misleading representations about the costs and risks of a IUL policy can have significant consequences. ANTHONY ALAIMO, Senior District Judge . In March 2021, after the policy had been in effect for ten years, United Omaha imposed substantial additional premiums beyond those agreed to at the outset. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Agent Xu recommended Li buy a PacLife PDX policy designed to accept five $500,000 annual payments. September 22, 2020. Heres how to claim your share, Newsom, IRS give Californians until October to file tax returns, Column: Hate Fox News? The dramatic change in policy values was the motivation for filing the lawsuit. Contact our consumer fraud attorneys toll-free at (800) 254-9493 or fill out the form for a free and confidential consultation about your potential case. After the fifth annual payment, Xu claimed Li would owe no future premiums and even be able to take income from the indexed universal life insurance policy in the amount of $175,000 per year. GARY MARENZI, ET AL. Lets say, someone has a $1 million life insurance need. They allegedly did not disclose that tax deferral advantages in their annuity products could be considered superfluous in retirement plans. . 3) (collectively, Plaintiffs) filed this action against Pacific Life Insurance Company (PacLife), Lincoln National Life Insurance Company (Lincoln), Wayne L. Weaver, TFP Funding Partners, LLC, Daniel M. Silverman, and United of Omaha Life Insurance Company (United Omaha) (collectively, Defendants). Similarly, Plaintiffs argue: At the end of the 20 years under the United policy . This is the first I'm aware of blending showing up in an official legal complaint against a life insurer, and it introduces something I have long wondered about the life insurance industry and the marketplace for cash value-focused life insurance sales. Additionally, Silverman sold Rebecca Prange a $500,000 life insurance policy with Continental Western Insurance Company. (Id., 31.) ANTHONY ALAIMO, Senior District Judge . The lawsuit was filed by Bonnet, Fairbourn, Friedman and Balint, a law firm in Phoenix with a long track-record of class action suits in life insurance, including huge settlements in vanishing premium and COI increases. At "b(H+4AQ"/[E4wteI-9oJ{uo? document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_4" ).setAttribute( "value", ( new Date() ).getTime() ); Please note: Top Class Actions is not a settlement Counsel is associated with Defendants counsel, who is licensed to practice in California. Proc., ; 452.) A lawsuit could also help enact change in the industry - and stop insurance companies from engaging in these allegedly deceptive practices. (Ibid.) We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. Pac Life is not the only guilty party here, it is all of the dishonest IMOs who lure in frankly dumb agents my means of above average commissions for a high borrowing contract. The motion has been calendared for January 4, 2022, so Counsel seeks to advance that hearing. An additional $35 million is set aside for policy-holders with special circumstances, Parry said. The NAIC amended AG49 this year to eliminate multipliers from sales illustrations. ", "Good intelligent attorneys who never miss a beat. Silverman also sold Rebecca Prange a $500,000 term life insurance policy with First Colony Life Insurance Company (First Colony), which she owned individually. The same logic applies to whole life, too. (Id., 25.) Weaver obtained financing from Wintrust Life Financial (Wintrust). He was very patient, and I never felt rushed. When I spoke with him later he reviewed the process. Based upon the foregoing, Counsels motion for admission pro hac vice is granted. Not one of the facts of this case has anything to do with blending or worst case illustrations, because no worst case illustration ever contemplated this scenario. 5 0 obj 2:23-CV-00474 | 2023-01-20, U.S. District Courts | Labor | All you need to know about this case is that a after making two installments of $500,000 into an IUL, a policyholder ended up with a surrender value of under $400,000, having borrowed or withdrawn nothing. Fill out the contact form or call us at (800) 259-9010 to schedule your free consultation. For example, Plaintiffs allege that the damages from the United Omaha claims is $596,950, which is the cost of maintaining the $3,000,000 to Year 20 of the Policy according to United of Omahas March 17, 2021 illustration. (Id., 104.) Pacific Life refers to Pacific Life Insurance Company and its affiliates, including Pacific Life & Annuity Company. According to the company, these policies offer , However, legal allegations against the company indicate that these promises may be false. Maybe next time spend a little more time on reading comprehension before unloading your half-cocked rant because you have some beef with life insurance, marketing organizations, or whatever has you all in an uproar. Everyone I dealt with was exceptional. (Id., 104. Given the makeup of the life insurance market in terms of annual sales (overwhelmingly cash accumulation product majority), Im dubious to your claim that anything wore thin with the public decades ago. This policy was a loser regardless if it was a level or increasing death benefit. Based upon the foregoing, the Court finds that the first set of claims and the second set of claims have been improperly joined in the same case. But we demand a fact-based level of argument around here. Why is this public record being published online? NFU?[(c=h?qoCAI=tNsx0@0w/n[x'uhY55mPk/4IoKzWq}S0p?M/dPlZ:.y`W;V2(h'4| S . 1:23-CV-00375 | 2023-01-25, U.S. District Courts | Labor | When interest rates fall, insurance company general accounts have less money available to purchase the options on the SP500, which in turn forces a lower illustrated rate. While many of us might look at market conditions and quickly draw such a conclusion, that case may be much more difficult to argue in a court of law. If you would like to change your settings or withdraw consent at any time, the link to do so is in our privacy policy accessible from our home page.. I set my expectations high, and they delivered above and beyond. the content you have visited before, Advertising: Gather personally identifiable information such as name and location, Advertising: Use information for tailored advertising with third parties, Advertising: Allow you to connect to social sites, Advertising: Identify device you are using. The judge's order required the Pacific Life affiliate to pay at least $2 million to help support the then-temporarily shuttered hotel's operations. The issues in the suit go to the core of abusive IUL . Union Pacific faces wave of lawsuits. Certain plaintiffs (Marenzi, Rebecca Prange, and Wesley Prange) assert a Second Cause of Action with four separate counts (for negligence misrepresentation, breach of contract, professional negligence, and declaratory relief) against United Omaha and Daniel Silverman. This order does not preclude Plaintiffs from filing a separate case against United Omaha. Since the early 1990s, Gary Marenzi and Rebecca Prange have relied on Daniel M. Silverman (Silverman) as their financial advisor and life insurance agent. 1. Circuit Judge Douglas Stephens in Covington approved the settlement--estimated to have a total value of close to $140 million when administrative fees and other costs are included--in a written order Thursday. They are both named as defendants in the complaint. It was filed by a law firm out of Phoenix with a long track record of class action suits in life insurance. DocketSummons (on Complaint); Filed by Gary Marenzi (Plaintiff); Rebecca Prange (Plaintiff); Gregory Prange (Plaintiff) et al. Blending exists as a way to manipulate a policy's design and augment the cash value achievable in the policy. The trustee is Gregory E. Prange. Pacific Life is a product provider. February 22, 2022 04:00 PM Eastern Standard Time SAN FRANCISCO-- ( BUSINESS WIRE )--Leading fire litigation firm Singleton Schreiber LLP has filed a lawsuit in Siskiyou County, Calif., on behalf. On October 20, 2020, Wintrust billed Gary Marenzi and Rebecca Prange for more than $300,000, including a demand for $79,499 in additional collateral. At the time of his misrepresentations, Weaver did not disclose that he had been named in lawsuits for over a decade relating to fraudulent practices in the sale of life insurance. Neither Pacific Life nor Ace Seat Belt Covers officials could be reached for comment Friday. It will also be interesting to see what happens with the agent Tiffant Xu and her insurance agency. That was largely the point of the blog post and podcast. Proc., ; 379.) (Ibid.) DocketNotice and Acknowledgment of Receipt; Filed by Gary Marenzi (Plaintiff); Rebecca Prange (Plaintiff); Gregory Prange (Plaintiff) et al. 470, directly to Pacific Life & Annuity Services, Inc. (PLASI), in exchange for the assignment of the obligation. Now, United Omaha demurs to the complaint, which Plaintiffs oppose. They get a fat commission check and leave the policy underfunded, waiting to blow up in a few years. Neither Silverman nor United Omaha disclosed that the premiums and financial projections depended on Gary Marenzi and Rebecca Prange having a particular insurance rating or classification. Harris County District Courts | Other | Each attorney at our firm has experience representing investors in securities arbitration claims and/or lawsuits. The lawsuit, filed in 1997, charged that Pacific Life, the largest life insurer based in California, cheated its customers in policies it had written from 1982 to 1997. In 2008, SWS Group agreed to buy M.L. (Ibid.) (Id., 84.) These and other securities firm subsidiaries ran under Pacific Select Group until March 2007 when LPL Financial Services (LPLA) acquired Mutual Service Corporation, Associated Financial Group, and Waterstone Financial Group. The same should be done in IUL. 2021-04-28, Harris County District Courts | Contract | The case status is Not Classified By Court. Case Number: *******7878 Hearing Date: October 21, 2021 Dept: 39. The lawsuit was filed Aug. 6 in Orange County Superior Courts by plaintiffs Hong Li and Tailong Liu. Pacific Life provides annuities, life insurance products, mutual funds, and different kinds of investment products and services. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Top Class Actions is a Proud Member of the American Bar Association, Various Trademarks held by their respective owners. DocketComplaint; Filed by Gary Marenzi (Plaintiff); Rebecca Prange (Plaintiff); Gregory Prange (Plaintiff) et al. This argument makes no sense. Each lawyer and staff member of our firm is devoted to assisting investors to recover losses caused by unsuitability, over-concentration, fraud, misrepresentation, self-dealing, unauthorized trades or other wrongful acts, whether intentional or negligent. Any non-guaranteed element in any policy is necessarily a question mark. (Ibid. Side note on this: the complaint does charge that PacLife materially misrepresented the conservative nature of IUL by both failing to disclose the risk of loss when an index return is zero (net loss due to insurance expense deductions) as well as the impact the multiplier has on the policy. It became only worth $248,000 upon death. Li agreed to buy the policy and PacLife officially issued the policy effective mid-2018. They tell me it will be $600 a month when I am 80. U.S. District Courts . Notice of Posting of Jury Fees; Filed by Gary Marenzi (Plaintiff); Rebecca Prange (Plaintiff); Gregory Prange (Plaintiff) et al. According to the agreement, Pacific will pay $49.4 million to add to the value of existing policies, and offer another $32 million worth of insurance to members whose policies have expired. DocketNotice (COURT ORDER RE NOTICE OF RELATED CASE); Filed by Gary Marenzi (Plaintiff); Rebecca Prange (Plaintiff); Gregory Prange (Plaintiff) et al. Notice (COURT ORDER RE NOTICE OF RELATED CASE); Filed by Gary Marenzi (Plaintiff); Rebecca Prange (Plaintiff); Gregory Prange (Plaintiff) et al. Based upon Plaintiffs allegations, there would be no basis for any insurance company to seek an offset from another insurance company, since the allegations are discrete. Silverman sold Gary Marenzi ( Plaintiff ) et al he reviewed the process ; filed Clerk! You help me core of get a fat commission check and leave the policy through premium payments million! ( IUL ) product, Newsom, IRS give Californians until October file. The opportunity to let SSEK represent you action suits in Life insurance 2015 ) Cal.App.4th! Recaptcha and the Google Privacy policy action securities fraud lawsuit of Phoenix with a long track record of class lawsuit! Was created, they may be able to recover a portion of the transaction. Been calendared for January pacific life lawsuit, 2022, so counsel seeks to advance that hearing policy values the... 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