Party Statement: Abel vs McCutchan, JR

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Edward McCutchan (SBN 119376)
SUNDERLAND | McCUTCHAN, LLP
1083 Vine Street, Suite 907

Healdsburg, California 95448
Telephone: (707) 433-0377

Facsimile: (707) 433-0379

Attorneys for Defendants

DALE DAVIS SUED AS DOE 4

JIM NORD SUED AS DOE 5

JACINDA DUVAL SUED AS DOE7

BILL HING SUED AS DOE 8

LENORA VERNE FUNG SUED AS DOE 9
JUSTIN POENG SUED AS DOE 11
MATTHEW ZDANEK SUED AS DOE 16

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SONOMA

RICHARD ABEL, an individual, CASE NO, SCV-263456

DECLARATION OF DALE DAVIS IN
OPPOSITION TO PLAINTIFF’S MOTION
FOR A PROTECTIVE ORDER, OR IN
THE ALTERNATIVE, TO QUASH THE
NOTICE OF HIS DEPOSITION BY

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Plaintiff, ;
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B. EDWARD McCUTCHAN, JR. an } THE DOE DEFENDANTS AND FOR
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VS.

individual: MONETARY SANCTIONS BY THE
individual; SUNDERLAND | McCUTCHAN, DOE DEFENDANTS (CCP SECTION
LLP, a general partnership; and DOES 1 2025.410 et se Al

nara ; q:)
through 100, inclusive,

Date: June 29, 2022
Time: 3:00 p.m.
Courtroom: 17

Defendants.

I, Dale Davis sued herein as Doe 4, declare that:
1. Ifcalled as a witness, I am competent to testify as follows. I incorporate by
reference my November 10, 2021 filed declaration in this action.
2. I was born July 6, 1931 and am a competing judgment creditor against Richard

Abel in the Liebling v. Goodrich action, Sonoma County Superior Court Case No. SCV-245738.

 

 

 

DECLARATION OF DALE DAVIS IN OPPOSITION TO PLAINTIFF'S MOTION FOR A PROTECTIVE ORDER,.OR IN THE
ALTERNATIVE, TO QUASH THE NOTICE OF HIS DEPOSITION BY THE DOE DEFENDANTS AND FOR MONETARY SANCTIONS
BY THE DOE DEFENDANTS (CCP SECTION 2025.410 et seq.)

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3. In January 2018, while at the law offices of Sunderland | McCutchan, LLP, in
Santa Rosa, California, Richard Abel became very threatening in the presence of myself, son
Bryan Davis, and Edward McCutchan, as stated in paragraphs 26, 27, 28, and 29 of my
November 10, 2021 filed declaration in this matter where | feared for my safety. Richard Abel
was the liaison during the litigation of the Liebling v. Goodrich action, Sonoma County Superior
Court Case No. SCV-245738 which ended in March 2017 between the plaintiffs such as me, Bill
Hing, Jim Nord, Jacinda Duval, and others with Sunderland | Mccutchan, LLP due to there being
so may plaintiffs.

4. Richard Abel never told me he received any assignments from any former
plaintiffs in the Liebling v. Goodrich action, Sonoma County Superior Court Case No. SCV-
245738 nor did any of the people in Richard Abel’s claimed assignments ever tell me that they
gave assignments to Richard Abel.

5. [have no idea why I or any of the other defendants in this action were sued by
Richard Abel.

6. It is very important that Richard Abel be present with me, my attorney, other
defendants that he sued in this action and other defense attorneys in the same room at his
deposition in this matter that he refused to attend so that I and others can observe his demeanor,
his answers, and mannerisms when he gives his answers to poignant questions concerning the
allegations of his first amended complaint in this action, particularly, Exhibits “2,” “3,” “4” and
“6” to my November 10, 2021 filed declaration in this action.

7. My experience having been alive for 90 plus years is that it is much harder for a
person to lie about a matter in the physical presence of a person who is a witness that can

contradict what untruths may be said.

 

 

 

DECLARATION OF DALE DAVIS IN OPPOSITION TO PLAINTIFF'S MOTION FOR ‘A PROTECTIVE ORDER, OR IN THE
ALTERNATIVE, TO QUASH THE NOTICE OF HIS DEPOSITION BY THE DOE DEFENDANTS AND FOR MONETARY SANCTIONS.
BY THE DOE DEFENDANTS (CCP SECTION 2025.410 et seq.).

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I declare under penalty of perjury, under the laws of the State of California, that the

foregoing is true and correct to the best of my knowledge.
Date: April 7, 2022

DALE DAVIS SUED AS DOE 4

 

 

 

DECLARATION OF DALE DAVIS IN OPPOSITION TO PLAINTIFF'S MOTION FOR A PROTECTIVE ORDER, OR IN THE
ALTERNATIVE, TO QUASH THE NOTICE OF HIS DEPOSITION BY THE DOE DEFENDANTS AND FOR MONETARY SANCTIONS
BY THE DOE DEFENDANTS (CCP SECTION 2025.410 et seq.)

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PROOF OF SERVICE

STATE OF CALIFORNIA, COUNTY OF SONOMA
I am employed in the County of Sonoma, State of California. [ am over the age of 18 and
not a party to the within action; my present address is: 1083 Vine Street, Suite 907, Healdsburg.
California 95448.
On April ak 2022, I served the foregoing documents described as DECLARATION

OF DALE DAVIS IN OPPOSITION TO PLAINTIFF’S MOTION FOR A PROTECTIVE
ORDER, OR IN THE ALTERNATIVE, TO QUASH THE NOTICE OF HIS
DEPOSITION BY THE DOE DEFENDANTS AND FOR MONETARY SANCTIONS BY
THE DOE DEFENDANTS (CCP SECTION 2025.410 et seq.) on the parties by placing a true
copy thereof enclosed in a sealed envelope addressed as follows:

/ SEE ATTACHED SERVICE LIST

By Regular U.S. Mail. The documents were placed for collection and mailing following
ordinary business practice for deposit in the United States Postal Service in a sealed envelope with

postage thereon fully prepaid, addressed as stated above.

____ By personal service. I caused each such envelope to be delivered by hand to the
addressee(s) as stated above.

_____ By facsimile transmitted from (707) 433-0379. The document transmission was reported ag
ee and without error.

_W_ By email or electronic transmission. I caused the document to be sent to the persons at the

email addresses listed below. I did not receive within a reasonable time after the transmission an

electronic message or other indication that the transmission was unsuccessful.

I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct and that this declaration was executed on April AF. 022, at Healdsburg.

   

California.

 

 

 

DECLARATION OF DALE DAVIS IN OPPOSITION TO PLAINTIFF’S MOTION FOR A PROTECTIVE ORDER, ORIN THE
ALTERNATIVE, TO QUASH THE NOTICE OF HIS DEPOSITION BY THE DOE DEFENDANTS AND FOR MONETARY SANCTIONS
BY THE DOE DEFENDANTS (CCP SECTION 2025.410 et seq.)

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Abel v. McCutchan, et al.
Sonoma County Superior Court Case No. SCV-263456

 

Plaintiff in Pro Per: Richard Abel

Richard Abel BY U.S. FIRST CLASS MAIL - ONLY
707 Hahman Drive, #9301
Santa Rosa, CA 95405-9301

Tel: (707) 340-3894
E-Mail: pererel@gmail.com

Attorneys for Defendants: Sunderland | McCutchan, Inc.; Sunderland | McCutchan, LLP; B.
Edward McCutchan, Jr.

Joseph S. Picchi, Esq. BY EMAIL - ONLY
Aaron T, Schultz, Esq.

Galloway, Lucchese, Everson & Picchi

A Professional Corporation

2300 Contra Costa Blvd., Suite 350

Pleasant Hill, CA 94523-2398

Tel. No. (925) 930-9090
Fax No. (925) 930-9035

E-Mail: aschultz@glattys.com

 

 

 

DECLARATION OF DALE DAVIS IN OPPOSITION TO PLAINTIFF’S MOTION FOR A PROTECTIVE ORDER, OR IN THE
ALTERNATIVE, TO QUASH THE NOTICE OF HIS DEPOSITION BY THE DOE DEFENDANTS AND FOR MONETARY SANCTIONS.
BY THE DOE DEFENDANTS (CCP SECTION 2025.410 et seq.)

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