On November 02, 2018 a
Party Statement
was filed
involving a dispute between
Abel, Richard,
and
Albini, Ed,
Davis, Dale,
Duval, Jacinda,
Fung, Lenora Verne,
Fung, Verna,
Hing, Bill,
Mccutchan, B Edward, Jr,
Nord, James,
Nord, Jim,
Peritore, Evalina,
Poeng, Justin,
Schulte, D. Mark,
Severson, Richard,
Spiridonoff, Walter,
Sunderland Mccutchan, Inc., A California Corporarion,
Sunderland Mccutchan, Llc, A California Limited Liability Company,
Sunderland Mccutchan, Llp,
Sunderland, Robert J.,
Weil, Nansi Ida,
Zdanek, Matthew,
for 25: Unlimited Professional Negligence
in the District Court of Sonoma County.
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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
and JACINDA DUVAL SUED AS DOE 9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SONOMA
RICHARD ABEL, an individual,
Plaintiff,
vs.
B. EDWARD McCUTCHAN, JR. an
individual; SUNDERLAND | McCUTCHAN,
LLP, a general partnership; and DOES 1
through 100, inclusive,
Defendants.
OE aS
1 Edward McCutchan declare as follows:
CASE NO. SCV-263456
DECLARATION OF EDWARD
McCUTCHAN IN SUPPORT OF
DEFENDANT DALE DAVIS’ AND
JACINDA DUVAL’S MOTION TO
COMPEL PLAINTIFF RICHARD
ABEL’S PROPER RESPONSES TO
THEIR SEPARATE REQUESTS FOR
ADMISSIONS, SET ONE
Hearing Date:
Time:
Dept.: 17
Trial Date: October 7, 2022
Assigned For All Purposes to the
Honorable Arthur a. Wick
Dent. 17
1. Tama partner with Sunderland | McCutchan, LLP and represent defendants Dale
Davis and Jacinda Duval sued as DOES 4 and 9 in this action. If called as a witness, I am
competent to testify to the following facts.
2. On March 11, 2022, I personally served my clients’ (Dale Davis’ and Jacinda
Duval’s) first set of admissions on plaintiff, Richard Abel in propria persona, in this action. True
and correct copies of these documents are attached as Exhibits “1” and “2” to this motion which
DECLARATION OF EDWARD McCUTCHAN IN SUPPORT OF DEFENDANT DALE DAVIS’ AND JACINDA DUVAL’S MOTION TO
COMPEL PLAINTIFF RICHARD ABEL’S PROPER RESPONSES TO THEIR SEPARATE REQUESTS FOR ADMISSIONS, SET ONE
127
28
bear my signature.
3. Attached as Exhibits “3” and “4” are plaintiff Richard Abel’s responses to Dale
Davis’ first request for admissions (Exhibit “1) and Jacinda Duval’s’ first request for admissions
(Exhibit “2”) both dated March 30, 2022 and received by my office on or about April 3, 2022 to
this motion.
4. Attached hereto as Exhibit “5” to this motion is a true and correct copy of a letter I
wrote to Richard Abel on April 5, 2022 concerning his perceived deficient discovery responses
attached hereto as Exhibits “1,” “2,” “3,” and “4” as a “meet and confer attempt” to resolve the
issues of his verified responses to Dale Davis’ and Jacinda Duval’s first request for admissions
on him in this action.
5. The mailing of Exhibit “5” was placed in an envelope postage prepaid addressed to
Richard Abel and deposited in a United States postal box by me on April 5, 2022. The mailing of
Exhibit “5S” to Richard Abel was never retumed to my office by the United States Post Office
despite having my law firm’s address on the large envelope in the upper lefthand corner.
6. Attached hereto as Exhibit “6” to this motion is a true and correct copy of a letter I
wrote to Richard Abel on April 22, 2022 concerning his perceived deficient discovery responses
attached hereto as Exhibits “1,” “2,” “3,” and “4” as a “meet and confer attempt” to resolve the
issue. As of April 22, 2022, I had yet to receive a response from him as to my April 5, 2022
letter.
7. The mailing of Exhibit “6” was placed in an envelope postage prepaid addressed to
Richard Abel and deposited in a United States postal box by me on April 22, 2022. The mailing
to Richard Abel of Exhibit “6” was never returned to my office by the United States Post Office
despite having my law firm’s address on the large envelope in the upper lefthand corner.
DECLARATION OF EDWARD McCUTCHAN IN SUPPORT OF DEFENDANT DALE DAVIS’ AND JACINDA DUVAL’S MOTION TO
COMPEL PLAINTIFF RICHARD ABEL’S PROPER RESPONSES TO THEIR SEPARATE REQUESTS FOR ADMISSIONS, SET ONE
28. Attached hereto as Exhibits “7” and “8” to this motion are Richard Abel’s April 20,
2022 and April 29, 2022 letters in response to my written attempts to resolve this discovery
dispute as to his perceived defective admissions responses to Exhibits “1” and “2” hereto.
9. Attached hereto as Exhibit “9” to this motion is a true and correct copy of a letter I
wrote to Richard Abel on May 4, 2022 concerning his perceived deficient discovery responses
attached hereto as Exhibits “1,” “2,” “3,” and “4” as a “meet and confer attempt” to resolve the
issue in response to Exhibits “7” and “8” attached hereto.
10. The mailing of Exhibit “9” was placed in an envelope postage prepaid addressed to
Richard Abel and deposited in a United States postal box by me on May 4, 2022 where I
requested by May 9, 2022 a written resolution. The mailing to Richard Abel of Exhibit “9” was
never returned to my office by the United States Post Office despite having my law firm’s
address on the large envelope in the upper lefthand corner.
10. My normal hourly rate as an attorney is $425.00.
11. Ihave incurred 2.9 hours in preparing this motion. The filing fee is $60.00 for this
motion. I anticipate that I will incur 1.3 hours in responded to Richard Abel’s opposition to this
motion, 1.7 hours drafting Dale Davis’ reply to the opposition to this motion and .80 hours
reviewing the court’s tentative ruling and preparing for and attending any contest of the court’s
tentative ruling for a total of 6.7 hours. Per statute, I am requesting $2,847.50 in monetary
sanctions against Richard Abel, payable 45 days after notice of order after hearing.
12. Due to the volume of Exhibits that plaintiff Richard Abel gave perceived improper
answers to accompanying this declaration, are Exhibit sections One and Two in separately filed
pleadings.
I declare under the penalty of perjury, under the laws of the State of California, that the
DECLARATION OF EDWARD McCUTCHAN IN SUPPORT OF DEFENDANT DALE DAVIS’ AND JACINDA DUVAL’S MOTION TO
COMPEL PLAINTIFF RICHARD ABEL’S PROPER RESPONSES TO THEIR SEPARATE REQUESTS FOR ADMISSIONS, SET ONE
327
28
above is true and correct to the best of my knowledge.
Date: May } 0 » 2022
SUNDERLAND | McCUTCHAN, LLP
Edward McC chan
Attorneys f6r Defendants
DALE DAYIS SUED AS DOE 4
JACINDA OVAL SUE SUED AS DOE 9
DECLARATION OF EDWARD McCUTCHAN IN SUPPORT OF DEFENDANT DALE DAVIS’ AND JACINDA DUVAL’S MOTION TO
COMPEL PLAINTIFF RICHARD ABEL'S PROPER RESPONSES TO THEIR SEPARATE REQUESTS FOR ADMISSIONS, SET ONE
4PROOF 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 May 10. 2022, I served the foregoing documents described as DECLARATION OF
EDWARD McCUTCHAN IN SUPPORT OF DEFENDANT DALE DAVIS’ AND
JACINDA DUVAL’S MOTION TO COMPEL PLAINTIFF RICHARD ABEL’S PROPER|
RESPONSES TO RHEIR SEPARATE REQUESTS FOR ADMISSIONS, SET ONE on the
parties by placing a true copy thereof enclosed in a sealed envelope addressed as follows:
4A 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
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 May , 2022, at Healdsburg.
California.
Edward McCutchan.
DECLARATION OF EDWARD McCUTCHAN IN SUPPORT OF DEFENDANT DALE DAVIS’ AND JACINDA DUVAL’S MOTION TO
COMPEL PLAINTIFF RICHARD ABEL’S PROPER RESPONSES TO THEIR SEPARATE REQUESTS FOR ADMISSIONS, SET ONE
5Abel 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’ AND JACINDA DUVAL’S MOTION TO
COMPEL PLAINTIFF RICHARD ABEL’S PROPER RESPONSES TO THEIR SEPARATE REQUESTS FOR ADMISSIONS, SET ONE
6
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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 and JACINDA DUVAL SUED AS DOE 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SONOMA RICHARD ABEL, an individual, Plaintiff, vs. B. EDWARD McCUTCHAN, JR. an individual; SUNDERLAND | McCUTCHAN, LLP, a general partnership; and DOES 1 through 100, inclusive, Defendants. OE aS 1 Edward McCutchan declare as follows: CASE NO. SCV-263456 DECLARATION OF EDWARD McCUTCHAN IN SUPPORT OF DEFENDANT DALE DAVIS’ AND JACINDA DUVAL’S MOTION TO COMPEL PLAINTIFF RICHARD ABEL’S PROPER RESPONSES TO THEIR SEPARATE REQUESTS FOR ADMISSIONS, SET ONE Hearing Date: Time: Dept.: 17 Trial Date: October 7, 2022 Assigned For All Purposes to the Honorable Arthur a. Wick Dent. 17 1. Tama partner with Sunderland | McCutchan, LLP and represent defendants Dale Davis and Jacinda Duval sued as DOES 4 and 9 in this action. If called as a witness, I am competent to testify to the following facts. 2. On March 11, 2022, I personally served my clients’ (Dale Davis’ and Jacinda Duval’s) first set of admissions on plaintiff, Richard Abel in propria persona, in this action. True and correct copies of these documents are attached as Exhibits “1” and “2” to this motion which DECLARATION OF EDWARD McCUTCHAN IN SUPPORT OF DEFENDANT DALE DAVIS’ AND JACINDA DUVAL’S MOTION TO COMPEL PLAINTIFF RICHARD ABEL’S PROPER RESPONSES TO THEIR SEPARATE REQUESTS FOR ADMISSIONS, SET ONE 127 28 bear my signature. 3. Attached as Exhibits “3” and “4” are plaintiff Richard Abel’s responses to Dale Davis’ first request for admissions (Exhibit “1) and Jacinda Duval’s’ first request for admissions (Exhibit “2”) both dated March 30, 2022 and received by my office on or about April 3, 2022 to this motion. 4. Attached hereto as Exhibit “5” to this motion is a true and correct copy of a letter I wrote to Richard Abel on April 5, 2022 concerning his perceived deficient discovery responses attached hereto as Exhibits “1,” “2,” “3,” and “4” as a “meet and confer attempt” to resolve the issues of his verified responses to Dale Davis’ and Jacinda Duval’s first request for admissions on him in this action. 5. The mailing of Exhibit “5” was placed in an envelope postage prepaid addressed to Richard Abel and deposited in a United States postal box by me on April 5, 2022. The mailing of Exhibit “5S” to Richard Abel was never retumed to my office by the United States Post Office despite having my law firm’s address on the large envelope in the upper lefthand corner. 6. Attached hereto as Exhibit “6” to this motion is a true and correct copy of a letter I wrote to Richard Abel on April 22, 2022 concerning his perceived deficient discovery responses attached hereto as Exhibits “1,” “2,” “3,” and “4” as a “meet and confer attempt” to resolve the issue. As of April 22, 2022, I had yet to receive a response from him as to my April 5, 2022 letter. 7. The mailing of Exhibit “6” was placed in an envelope postage prepaid addressed to Richard Abel and deposited in a United States postal box by me on April 22, 2022. The mailing to Richard Abel of Exhibit “6” was never returned to my office by the United States Post Office despite having my law firm’s address on the large envelope in the upper lefthand corner. DECLARATION OF EDWARD McCUTCHAN IN SUPPORT OF DEFENDANT DALE DAVIS’ AND JACINDA DUVAL’S MOTION TO COMPEL PLAINTIFF RICHARD ABEL’S PROPER RESPONSES TO THEIR SEPARATE REQUESTS FOR ADMISSIONS, SET ONE 28. Attached hereto as Exhibits “7” and “8” to this motion are Richard Abel’s April 20, 2022 and April 29, 2022 letters in response to my written attempts to resolve this discovery dispute as to his perceived defective admissions responses to Exhibits “1” and “2” hereto. 9. Attached hereto as Exhibit “9” to this motion is a true and correct copy of a letter I wrote to Richard Abel on May 4, 2022 concerning his perceived deficient discovery responses attached hereto as Exhibits “1,” “2,” “3,” and “4” as a “meet and confer attempt” to resolve the issue in response to Exhibits “7” and “8” attached hereto. 10. The mailing of Exhibit “9” was placed in an envelope postage prepaid addressed to Richard Abel and deposited in a United States postal box by me on May 4, 2022 where I requested by May 9, 2022 a written resolution. The mailing to Richard Abel of Exhibit “9” was never returned to my office by the United States Post Office despite having my law firm’s address on the large envelope in the upper lefthand corner. 10. My normal hourly rate as an attorney is $425.00. 11. Ihave incurred 2.9 hours in preparing this motion. The filing fee is $60.00 for this motion. I anticipate that I will incur 1.3 hours in responded to Richard Abel’s opposition to this motion, 1.7 hours drafting Dale Davis’ reply to the opposition to this motion and .80 hours reviewing the court’s tentative ruling and preparing for and attending any contest of the court’s tentative ruling for a total of 6.7 hours. Per statute, I am requesting $2,847.50 in monetary sanctions against Richard Abel, payable 45 days after notice of order after hearing. 12. Due to the volume of Exhibits that plaintiff Richard Abel gave perceived improper answers to accompanying this declaration, are Exhibit sections One and Two in separately filed pleadings. I declare under the penalty of perjury, under the laws of the State of California, that the DECLARATION OF EDWARD McCUTCHAN IN SUPPORT OF DEFENDANT DALE DAVIS’ AND JACINDA DUVAL’S MOTION TO COMPEL PLAINTIFF RICHARD ABEL’S PROPER RESPONSES TO THEIR SEPARATE REQUESTS FOR ADMISSIONS, SET ONE 327 28 above is true and correct to the best of my knowledge. Date: May } 0 » 2022 SUNDERLAND | McCUTCHAN, LLP Edward McC chan Attorneys f6r Defendants DALE DAYIS SUED AS DOE 4 JACINDA OVAL SUE SUED AS DOE 9 DECLARATION OF EDWARD McCUTCHAN IN SUPPORT OF DEFENDANT DALE DAVIS’ AND JACINDA DUVAL’S MOTION TO COMPEL PLAINTIFF RICHARD ABEL'S PROPER RESPONSES TO THEIR SEPARATE REQUESTS FOR ADMISSIONS, SET ONE 4PROOF 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 May 10. 2022, I served the foregoing documents described as DECLARATION OF EDWARD McCUTCHAN IN SUPPORT OF DEFENDANT DALE DAVIS’ AND JACINDA DUVAL’S MOTION TO COMPEL PLAINTIFF RICHARD ABEL’S PROPER| RESPONSES TO RHEIR SEPARATE REQUESTS FOR ADMISSIONS, SET ONE on the parties by placing a true copy thereof enclosed in a sealed envelope addressed as follows: 4A 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 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 May , 2022, at Healdsburg. California. Edward McCutchan. DECLARATION OF EDWARD McCUTCHAN IN SUPPORT OF DEFENDANT DALE DAVIS’ AND JACINDA DUVAL’S MOTION TO COMPEL PLAINTIFF RICHARD ABEL’S PROPER RESPONSES TO THEIR SEPARATE REQUESTS FOR ADMISSIONS, SET ONE 5Abel 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’ AND JACINDA DUVAL’S MOTION TO COMPEL PLAINTIFF RICHARD ABEL’S PROPER RESPONSES TO THEIR SEPARATE REQUESTS FOR ADMISSIONS, SET ONE 6