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 Defendant
DALE DAVIS SUED AS DOE 4

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF SONOMA

RICHARD ABEL, an individual, CASE NO. SCV-263456
Plaintiff, DECLARATION OF EDWARD
McCUTCHAN IN SUPPORT OF
DEFENDANT DALE DAVIS’

VS. OPPOSITION TO RICHARD ABEL’S

MOTION TO COMPEL ANSWERS TO
FORM INTERROGATORIES SET ONE,

B. EDWARD McCUTCHAN, JR. an
SPECIAL INTERROGATORIES SET

individual, SUNDERLAND | McCUTCHAN,

LLP, a general partnership; and DOES 1 TWO, AND FOR SANCTIONS
through 100, inclusive, Date: May 25, 2022
Time: 3:00 p.m.
Defendants. Dept.: 17

Trial Date: October 7, 2022

ea ease O23 027C E 20OO0

Assigned For All Purposes to the
Honorable Arthur a. Wick
Devt. 17

I, Edward McCutchan declare as follows:

1. Ifcalled as a witness, I can testify to the following facts.

2. ~ After numerous reviews of plaintiff, Richard Abel’s first amended complaint in this
action, I have no idea why my office’s client, Dale Davis who was born in 1931 was sued herein
as DOE 4.

3. There are no specific charging allegations as to Dale Davis in the first amended
complaint in this action and his name is only mentioned in several of the exhibits attached to this

document as well as in exhibits to the November 2, 2018 initial complaint in this action.

DECLARATION OF EDWARD McCUTCHAN IN SUPPORT OF DEFENDANT DALE DAVIS’ OPPOSITION TO RICHARD ABEL’S
MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES SET ONE, SPECIAL INTERROGATORIES SET TWO, AND FOR,
SANCTIONS,27

28

4. Onor about April 26, 2022, my office’s DOE clients in this action filed a certified
copy of a January 28, 2022 order of discharge pertaining to Robert Edward Zuckerman the
judgment debtor in Liebling v. Goodrich, Sonoma County Superior Court Case No. SCV-245738
and mentioned in Inre Zuckerman (9"" Cir. BAP 2020) 613 B.R. 707, a published appellate
decision in this action.

5. On April 22, 2022, I personally mailed Dale Davis’ answers to Richard Abel’s first
set of special interrogatories and second set of form interrogatories in this action, postage prepaid|
to his last known address and deposited in a United States mail box. Such have not been returned
to my office. True and correct copies of the proofs of service bearing my signatures of this April
22, 2022 mailing is attached hereto as Exhibit “A.”

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

above is true and correct.

Date: April x » 2022 SUNDERLAND | MeCUICHAN, LLP

Edward McCyt¢han,
Attorneys fot Defen
DALE DAVIS SUED AS DOE 4

DECLARATION OF EDWARD McCUTCHAN IN SUPPORT OF DEFENDANT DALE DAVIS’ OPPOSITION TO RICHARD ABEL’S
MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES SET ONE, SPECIAL INTERROGATORIES SET TWO, AND FOR
SANCTIONS,EXHIBIT “A”addressee(s)-as stated above.

|! electronic message or other indication that the transmission was unsuccessful.

PROOF OF SERVICE

STATE OF CALIFORNIA, COUNTY OF SONOMA
Iam employed in the County of Sonoma, State of California. I 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 222, 2022, I served the foregoing documents described as DEFENDANT
DALE DAVIS? ANSWERS TO FORM INTERROGATORIES, SET NUMBER TWO

on the parties by placing a true copy ‘ther eof enclosed in a sealed envelope addressed as follows:

SEE ATTACHED SERVICE LIST

v 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

By facsimile transmitted from (707) 433-0379. The document transmission was reported ag
complete and without error.
By email or electronic transmission. | 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:

I declare under penalty of perjury under the laws of the State of California that the foregoing
js true and correct and that this declaration was executed on April 2, 2022, at Healdsburg,

ee ‘utchan.

.

DEFENDANT DALE DAVIS ANSWERS TO-FORM INTERROGATORIES, SET NUMBER TWO
~ 121Abel v. McCutchan, et al.
Sonoma County Superior Court Case No. SCV-263456

Plaintiff in Pro Per: Richard Abel

Richard Abel USPS FIRST CLASS MAIL - ONLY
707 Hahman Drive, #9301
Santa Rosa, CA 95405-9301

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

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

Joseph S, Picchi, Esq. ELECTRONIC SERVICE - 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

DEFENDANT DALE DAVIS ANSWERS TO FORM INTERROGATORIES, SET ‘NUMBER TWO
122ordinary. business practice for deposit in the United States Postal Service in a sealed envelope with

adidressee(s) as stated above,
‘complete and without error.

Lemail addresses listed below. I did not receive within a reasonable time after the transmission any|

| electronic message or other indication that the transmission was unsuccessful.

California. OD

PROOF OF SERVICE

STATE OF CALIFORNIA, COUNTY OF SONOMA
[am employed in the County of Sonoma, State of California. I 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. Z

On April AQ I served the foregoing documents described as DEFENDANT]
DALE DAVIS’ AN! TO SPECIAL INTERROGATORIES, SET NUMBER ONE on
the parties by placing a true copy thereof enclosed in a sealed envelope addressed as follows:

SEE ATTACHED SERVICE LIST

oy Regular U.S. Mail. The documents were placed for collection and mailing following)

postage thereon fully prepaid, addressed as stated above.
_____ . By personal service. 1 caused each such envelope: to be delivered: by hand to thd

By facsimile transmitted from (707) 433-0379.. The document transthission was reported ag

By email or electronic transmission. I causéd the document to be sent to the persons at the!

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 ApeZO), 2022, at Healdsburg).

Leprtia ¢
Edward Mecpetan

Di WANT DALE DAVIS ANSWERS TO SPECIAL INTERR( TORIES, SET NUMBER ONE.
yo 7 aAbel v. McCutchan, et al.
Sonoma County Superior Court Case No. SCV-263456

Plaintiff in Pro Per: Richard Abel

Richard Abel USPS FIRST CLASS MAIL - ONLY
707 Hahman Drive, #9301
Santa Rosa, CA 95405-9301

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

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

Joseph S. Picchi, Esq. ELECTRONIC SERVICE - ONLY
Aaron T, Schultz, Esq.
Galloway, Lucchese, Bverson & 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

DEFENDANT DALE DAVIS ANSWERS TO SPECIAL INTERROGATORIES, SET NUMBER ONE
8 ’PROOF OF SERVICE

STATE OF CALIFORNIA, COUNTY OF SONOMA

I am employed in the County of Sonoma, State of California. I 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 > , 2022, I served the foregoing documents described as DECLARATION OF

EDWARD McCUTCHAN IN SUPPORT OF DEFENDANT DALE DAVIS’ OPPOSITION TO
RICHARD ABEL’S MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES
SET ONE, SPECIAL INTERROGATORIES SET TWO, AND FOR SANCTIONS on the parties}
by placing a true copy thereof enclosed in a sealed envelope addressed as follows:

SEE ATTACHED SERVICE LIST
YS 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. | 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 as

complete and without error.
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 am

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 x 2, at Healdsburg,

California.

Edward MeCutchan 7

DECLARATION OF EDWARD McCUTCHAN IN SUPPORT OF DEFENDANT DALE DAVIS’ OPPOSITION TO RICHARD ABEL’S
MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES SET ONE, SPECIAL INTERROGATORIES SET TWO, AND FOR
SANCTIONS,Abel v. McCutchan, et al.
Sonoma County Superior Court Case No. SCV-263456

Plaintiff in Pro Per: Richard Abel

Richard Abel USPS 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. ELECTRONIC SERVICE - ONLY
Aaron T. Schultz, Esq.

Alexander Promm, 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 EDWARD McCUTCHAN IN SUPPORT OF DEFENDANT DALE DAVIS’ OPPOSITION TO RICHARD ABEL’S
MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES SET ONE, SPECIAL-INTERROGATORIES SET TWO, AND FOR
SANCTIONS