Motion,Ex Parte: 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
and JACINDA DUVAL SUED AS DOE 9
SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF SONOMA

RICHARD ABEL, an individual, } CASE NO. SCV-263456
Plaintiff, } DALE DAVIS’ AND JACINDA DUVAL’S
NOTICE OF MOTION TO COMPEL
3 FURTHER ADMISSION RESPONSES
VS. AND FOR MONETARY SANCTIONS
) AGAINST PLAINTIFF RICHARD ABEL
B. EDWARD McCUTCHAN, JR. an 3
individual; SUNDERLAND | McCUTCHAN, Hearing Mate:
LLP, a general partnership; and DOES 1 J Courtroom?
through 100, inclusive, J °
) Assigned For All Purposes to the
Defendants. ) Honorable Arthur Wick
; Dept. 17

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that on , 2022 at am.

in Department 17 of the Sonoma County Superior Court located at 3055 Cleveland Avenue,
Santa Rosa, California 95403, Defendant, DALE DAVIS sued herein as DOE 4 and Jacinda
Duval sued herein as DOE 9, will have their motion to compel further admission responses to
their separate first request for admissions on him where he either admits or denies the requests
where his March 30, 2022 responses are evasive and incomplete and that he answer the

perceived deficient admission requests with a “admit” or “deny” response.

DALE DAVIS’ AND JACINDA DUVAL’S NOTICE OF MOTION TO COMPEL FURTHER ADMISSION
RESPONSES AND FOR MONETARY SANCTIONS AGAINST PLAINTIFF RICHARD ABEL
1Moving parties will also be requesting monetary sanctions against Richard Abel in the
amount of $2,847.50 for his improper discovery responses pertaining to the insolvency of debtor
Robert Zuckerman in the Liebling v. Goodrich matter and his claimed assignment from former
plaintiffs that appear back dated and are not signed by whose names are on the claimed
assignments. Richard Abel has refused to attend his noticed deposition in the matter and where
there is a June 29, 2022 motion to compel his deposition.

This motion is based upon this notice of motion, the accompanying memorandum of
points and authorities in support thereof, the accompanying request for judicial notice, the
accompanying separate statement, the accompanying declaration of Edward McCutchan, the
court’s file, and oral argument.

Date: May 0 » 2022 Ana &

DALE DAVIS’ AND JACINDA DUVAL’S NOTICE OF MOTION TO COMPEL FURTHER ADMISSION
RESPONSES AND FOR MONETARY SANCTIONS AGAINST PLAINTIFF RICHARD ABEL
2PROOF OF SERVICE

STATE OF CALIFORNIA, COUNTY OF SONOMA

Tam 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 0. 2022, I served the foregoing documents described as DALE DAVIS’ AND
JACINDA DUVAL’S NOTICE OF MOTION TO COMPEL FURTHER ADMISSION
RESPONSES AND FOR MONETARY SANCTIONS AGAINST PLAINTIFF RICHARD
ABEL on the parties by placing a true copy thereof enclosed in a sealed envelope addressed as
follows:

SEE ATTACHED SERVICE LIST

As 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 thd
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 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 May (] , 2022, at Healdsburg.

—Cheaeca Kobe,
Edward fr)

California.

te

DALE DAVIS’ AND JACINDA DUVAL’S NOTICE OF MOTION TO COMPEL FURTHER ADMISSION
RESPONSES AND FOR MONETARY SANCTIONS AGAINST PLAINTIFF RICHARD ABEL
3Abel 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.

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

DALE DAVIS’ AND JACINDA DUVAL’S NOTICE OF MOTION TO COMPEL FURTHER ADMISSION
RESPONSES AND FOR MONETARY SANCTIONS AGAINST PLAINTIFF RICHARD ABEL
4