PETITION APPOINTING GUARDIAN AD LITEM AND APPROVING SETTLEMENT AND ORDER

JOHN A. MENDEZ, District Judge.

Petitioner HERB THOMAS respectfully represents:

1. I am a California Licensed Professional Fiduciary and Registered Guardian. I own and operate Herb Thomas and Associates, Fiduciary Services, which I founded in 2004. I have extensive experience in financial planning, insurance and fiduciary responsibility. My Curricula Vitae, attached as Exhibit A hereto, accurately summarizes my experience, education, and licensing. I have worked extensively in assisting clients navigating the complexities of personal finance and public benefits. I have extensive experience in particular working with plaintiffs whose recoveries in civil lawsuits may potentially impact public benefits they receive. To that end, pursuant to my qualifications, I provide services as the trustee of special needs trusts on behalf of Plaintiffs like John Hernandez, who receive public benefits. I also act as a Guardian Ad Litem pursuant to my qualifications where a plaintiff is disabled and lacks competency to make their own legal decisions. In some cases. I have been both the Guardian Ad Litem and the trustee of special needs trusts for the same plaintiff.

2. I became involved in this matter at the request of Plaintiff John Hernandez's attorneys, John Burris, Ben Nisenbaum, Melissa Nold and Patrick Buelna. I have become familiar with the facts of Mr. Hernandez's case, as well as his well-documented disability. I have also reviewed the settlement offered in this action to Mr. Hernandez, the monetary component of which is a $5,000,000.00 payment from the City of Sacramento. Should supplemental medical or psychiatric care be necessary for Mr. Hernandez, I would act as trustee for a special needs trust for Mr. Hernandez to provide for such supplemental care.

3. Mr. Hernandez alleges causes of action against the named defendants herein for violations of his Fourth Amendment Rights under Federal and California law.

4. Plaintiffs' causes of action arise out an incident which occurred on March 6, 2017, in which Defendants officers beat, tased and asphyxiated Mr. Hernandez, resulting in serious injuries.

5. No previous petition for appointment of guardian ad litem has been filed in this matter.

6. I am willing to serve as Mr. Hernandez's Guardian Ad Litem. I am fully competent to understand and protect the rights of Mr. Hernandez and have no interest adverse to that of Hernandez.

7. I request that I be appointed guardian ad litem for Mr. Hernandez, as denoted above, to prosecute the above-described causes of action on behalf of Mr. Hernandez, as denoted above, and for such other relief as the Court may deem just and proper.

8. I am aware that both John Hernandez's biological mother and caretaker, as well as his separated wife, Jennifer Hernandez, approve of the proposed settlement and special needs trust.

9. The proposed settlement of the case has a global settlement of $5,200,000.00 to be paid by the City of Sacramento to satisfy Mr. Hernandez and his daughter, H.E.'s claims for injury and all costs and attorneys' fees, and other non-monetary provisions described above in paragraph 2. The parties, H.E. and John Hernandez, have agreed to apportion $5,000,000 for John Hernandez's injuries and future medical costs, and $200,000 for H.E.'s loss of her familial relationship to her father, John Hernandez The settlement shall be paid as follows:

10. This petition was prepared by the Law Offices of John L. Burris, the lead counsel representing plaintiff in this action. Benjamin Nisenbaum, Esq. of Law Offices of John L. Burris also represents plaintiff and is in agreement with the terms of this Petition. John L. Burris, Esq. and Benjamin Nisenbaum, Esq. hereby represent to the Court that they became involved in this case at the request of plaintiff, and have not received, and do not expect to receive any compensation for their services in connection with this action from any person other than the parties whom they represent in this action. The Counsels of Record for Plaintiff have reviewed and recommend this settlement and appointment as well.

11. Petitioner and his counsel have made a careful and diligent inquiry and investigation to ascertain the facts relating to the subject incidents, the responsibility therefore, and the nature and extent of injury to Mr. Hernandez, and fully understand that if the compromise herein proposed is approved by the Court and is consummated, Mr. Hernandez will be forever barred and prevented from seeking any further recovery of compensation as against all Defendants in this action, even if her losses and injuries might in the future prove to be more serious than they are now thought to be.

12. Petitioner recommends this compromise settlement to the Court as being fair, reasonable, and in the best interests of said incompetent plaintiff.

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

Dated: July 2, 2019 Herb Thomas

ORDER

Plaintiffs Petition to Appoint HERB THOMAS as the guardian ad litem of JOHN HERNANDEZ, in the instant matter is hereby Granted.

The Court hereby approves the settlement according to the terms set forth in the instant petition to approve the settlement of Plaintiff's claims.

IT IS SO ORDERED.

EXHIBIT A

Professional Vitae

Before starting Herb Thomas and Associates, Fiduciary Services, I served as the developer and coordinator of the Kaiser Permanente (KP), East Bay Community Benefits Advocacy program. The goal of this program was to find innovative methods to subsidize KP's members' health care costs through the complex webs of public and employee benefits (e.g., Medi-Cal. COBRA, HIPPA, etc.). Through this position, I also functioned as the key benefits liaison/educator between KP — and Federal, State, County, and private agencies on public insurance/benefits issues. Due to the success of the program, which saved Kaiser Permanente hundreds of thousands of dollars per year, I directed other Northern Kaiser Permanente service areas in implementing a copy of his program in their service areas.

Through my work for Kaiser Permanente, I realized the need for understanding the financial position of clients so I returned to the classroom to earn certificates in financial planning, insurance, and fiduciary responsibility. As a private fiduciary with an expert knowledge of public benefits, I started Herb Thomas and Associates fiduciary Services in 2004. Since its inception I have served numerous attorneys, private clients, and financial planners as an entity who understands the interaction of personal finances and public benefits.

Additionally, previously to my work in public benefits I served seven years as taxpayer delinquency investigator with the Internal Revenue Service. In this position I located taxpayers who had not filed federal income tax returns and assisted them with becoming compliant with federal regulations.

Education

• Certificate in Professional Fiduciary Management for Conservators, California State University, Fullerton, Spring 2003.

• Certificate in Professional Fiduciary Management for Trustees, California State University, Fullerton, Spring 2003.

• Bachelors of Science, Health Sciences, San Francisco State University, Spring 1999.

• Recipient: Woodrow Wilson Program in Public Policy and International Affairs Fellowship, Princeton University, Summer 1996.

Professional Skills

• Fiduciary training in investment strategies (e.g., asset allocation, diversity, retirement funds, real estate, and business investments, etc.).

• Expert knowledge of public and private benefits/entitlement programs (e.g., Medi-Cal, Social Security, State Disability, Medicare, HIPPA, etc.).

• Ability to analyze and present medical, financial, and historical information that builds, supports, or defends clients' disability claims.

• Excellent interpersonal, negotiation, and communication skills.

• Persuasive public speaker and trainer. Insightful and process oriented facilitator.

Licenses and Certification

• California Licensed Professional Fiduciary, #86

• Registered Guardian

Professional Memberships

• American Society on Aging

• Financial Planning Association

• Professional Fiduciary Association of California

• National Guardianship Foundation

• National Organization of Social Security Claimants' Representatives

Community Service

• San Francisco Suicide Prevention

• East Bay Self Sufficiency Program

• Board Member of Legal Assistance for Seniors

EMPLOYMENT HISTORY

EXHIBIT A

Robert W. Johnson & Associates FORENSIC ECONOMISTS

Re: John Hernandez Structured Settlement Proposals

Dear Mr. Nisenbaum:

I would like to congratulate you and Mr. Burris on settling the John Hernandez matter.

Pursuant to your request, please find attached the preliminary structured settlement Proposals for Mr. Hernandez.

The Proposals consist of the following payouts:

I am using Metropolitan Life (A.M. Best rating of A+/XV) for these Proposals. The Proposals uses a purchase date of August 1, 2019 and a premium cost of $1,250,000. I am also including the tax equivalent yield assuming a 28% tax bracket.

Please see Proposals below:

A structured settlement provides a unique opportunity to receive an award and any interest earned tax-free. They also can provide the following benefits:

Please note that these are preliminary proposals to hopefully give you an idea for budgeting purposes. Once you have an idea on the direction you would like to take, I will perform a full market survey using Mr. Hernandez's rated ages. This allows the carriers to compete for your business and hopefully can enhance your payouts.

Structured settlements are subject to changes in financial markets. This analysis shows the cost of your settlement on 5/29/2019. Structured settlement quotes are often good for 5 to 10 days, even though they cannot be guaranteed until they are locked in. Please feel free to contact me with any questions or if you would like to see additional proposals. Thank you.

Sincerely, Horacio Lleverino CA Insurance License No. 0C04363

Annual Summary of Benefits for: John Hernandez

Proposal II