Preview
Edward McCutchan (SBN 119376)
SUNDERLAND i
McCIJTCHAN, I.LP
1083 Vine Street, Suite 907
EIealdsburg, California 95448
Telephone: (707) 433-0377
Facsimile: (707) 433-0379
5
Attorneys for Defendants
6 DALE DAVIS SUED AS DOE 4
and JACINDA DUVAL SUED AS DOE 9
7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SONOMA
RICHARD ABEL, an individual, ) CASE NO. SCV-263456
)
Plaintiff, ) PROOF OF SERVICE
12
)
vs. ) Hearing Date: August 10, 2022
13
) Time; 3;00 p.m.
B. EDWARD MCCUTCHAN JR, an Courtroom: 13
individual; SUNDERLAND McCUTCHAN, )
) Assigned For All Purposes to the
LLP, a general partnership; and DOES 1
Honorable Christopher Honigsberg
through 100, inclusive, )
16
)
17 Defendants. )
)
18 )
///
20
///
21
///
///
///
25
///
26
///
27
PROOF OF SERVICE
1
Date: JuneC2 ', 2022 SUNDERLAND ~
Mc IJ"Pi& LLP
2
(+~V~tchan
Edward McC
Attorneys f r Defendants
DALE DA IS SUED AS P E4
JACINDA UVALQIJED AS DOE 9
10
12
13
16
17
18
19
20
21
22
23
25
26
27
20
PROOF OF SERVICE
2
ELECTRONICALLY FILED
Edward McCutchan (SBN 119376) Superior Court of California
SUNDKRLAND ~
McCUTCHAN, I LP County of Sonoma
1083 Vine Street, Suite 907 5/10/2022 11:29 Alyl
Healdsburg, Califo17ua 9544g Arlene D. Junior, Clerk of the Court
By: Griselda Zavala, Deputy Clerk
Telephone: (707) 433-0377
Facsimile: (707) 433-0379
5
Attorneys for Defendant
DALE DAVIS SUED AS DOE 4
JACINDA DUVAL SUED AS DOE 9
7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SONOMA
RICHARD ABEL, an individual, ) CASE NO. SCV-263456
Plaintiff, XXHIBIT PACKET ONX (I) TO
DECLARATION OF EDWARD
McCUTCHAN IN SUPPORT OF DALE
13
DAVIS'ND JACINDA DUVAL'S
MOTION TO COMPKL FURTHER
B. EDWARD McCUTCHAN, JR. an ADMISSION RESPONSES AND FOR
14
) MONXTARY SANCTIONS AGAINST
15
individual; SUNDERLAND | McCUTCHAN,
LLP, a general partnership; and DOES I
)
)
PLAINTIFF RIC~ ABEL
through 100, inclusive, Hearing Date8/10/22
Time; 3:00 p.m.
Defendants, Courtroom: 17
17
18
Assigned For All Purposes to the
Honorable Arthur Wick
19
20 Attached is Exhibit Packet One (I) to the Declaration of Edward McCutchan in Support
of Dale Davis'nd Jacinda Duval's motion to compel further admissions responses and
22
monetary sanctions against Richard Abel due to the volume of document pages submitted whehe
23
improper objections and evasive answers were received.
Date: May I, 2022 SUNDERLAND p
26
Edward McCut
Attorneys for D
DALE DAVIS
JACINDA DUV
EXHIBIT PAcKET oNE (II To DEcLARATIQN QF EDwARD MccurcHAN IN sUPPQRT GF DALE DAvls'ND JAcINDA
DUVAL'S MOTION TO COMPEL FURTHER ADMISSION RESPONSES AND FOR MONETARY SANCTIONS AGAINST PLAINTIFF
IUCHARD ABEL
1
Edward McCutchan (SBN 119376) ELECTRONICALLY FILED
SUNDKRLAND McCUTCHAN, LLP Superior Court of California
~
County of Sonoma
1023 Vine Street, Suite 907 5/10/2022 11:29 Ahl
Healdsburg, California 95448 Arlene I3. Junior, Clerk of the Court
Telephone: (707) 433-0377 By: Griselda Zavala, Deputy Clerk
Facsimile: (707) 433-0379
5
Attorneys for. Defendants
DALE DAVIS SUED AS DOE 4
and JACINDA DUVAL SUED AS DOE 9
7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SONOMA
RIC~ ABEL, an individual, )
)
CASE NO. SCV-263456
Plaintiff, DECLARATION OF EDWARD
McCUTCHAN IN SUPPORT OF
12
DKFKNDANT DALE DAVIS'ND
13
VS. JACINDA DUVAL'S MOTION TO
COMPEL PLAINTIFF RICHARD
B. EDWARD McCUTCHAN, JR. an ) ABKL'S PROPER RKSPONSKS TO
SUNDERLAND McCUTCHAN, ) THEIR SKPARATK RKQUKSTS FOR
individual; ADMISSIONS, SKT ONK
~
)
LLP, a general partnership; and DOES 1
through 100, inclusive, Hearing Datg/10/22
16
Tune: 3:OOI3rn
17 Defendants. Dept2 17
Trial Date: October 7, 2022
18
Assigned For All Purposes to the
Honorable Arthur a. Wick
19
Dent. 17
28
I Edward McCutchan declare as follows:
21
1, I am a partner with Sunderland ~
McCutchan, LLP and represent defendants Dale
22
73 Davis and Jacinda Duval sued as DOES 4 and 9 in this action. If called as a witness, I am
24 competent to testify to the following facts.
On March 11, 2022, I personally served my clients'Dale Davis'nd Jacinda
25
2.
26
Duval's) first set of admissions on plaintiff, Richard Abel in propria persona, in this action. True
27
"1" and "2" to this motion which
and correct copies of these documents sre attached as Exhibits
28
DECLARATION OF EDWARD McCUTCHAN IN SUPPORT OP DEFENDANT DALE DAVIS'ND JACINDA
DUVAL'S MOTION TO
REQUESTS ADMISSIONS„SET ONE
COMPEL PLAINTIFF RICHARD ABEL'S PROPER RESPONSES To THEIR SEPARATE FOR
1
ELECTRONICALLY FILED
Edward McCutchan (SBN 119376) Superior Court of California
SUNDKRLAIND ~
McCUTCHAN, I.LP County of Sonoma
1083 Vine Street, Suite 907 5/10/2022 11:29 AM
Healdsburg, Califo17na 954411 Arlene D. Junior, Clerk of the Court
By: Griselda Zavala, Deputy Clerk
Telephone; (707) 433-0377
Facsimile; (707) 433-0379
5
Attorneys for Defendants
DALE DAVIS SUED AS DOE 4
And JACINDA DUVAL SUED AS DO'E 9
7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SONOMA
RIC~ ABEL, an individual, )
)
CASE NO. SCV-263456
11
Plaintiff, DEFENDANT DALE DAVIS'ND
12
JACINDA DUVAL "S SEPARATE
) STATEMENT IN SUPPORT OF MOTION
13
vs. ) TO COMPEL PLAINTIFF RICHARD
) ABEL'S COMPLETE RESPONSES TO
14 B. EDWARD McCUTCHAN, JR. an ) REQUESTS FOR ADMISSION, SKT ONK
individual; SUNDERLAND McCUTCHAN, ) AND FOR MONETARY SANCTIONS
~
)
LLP, a general partnership; and DOES 1
Hearing DateB/I N22
through 100, inclusive, ) Time;
16
) 3:00I3
Defendants. Trial Date: October 7, 2022
17
Assigned For All Purposes to the
18
Honorable Arthur a. Wick
19
TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD;
21 This separate statement is hereby submitted by Defendants Dale Davis and Jacinda Duval
sued as DOES 4 and 9 herein (" Defendants" ) in support of. their combined motions to compel
23
Plaintiff Richard Abel's complete responses to Requests for Admissions, Set One.
24
I
25 DALE DAVIS'KOUKST FOR ADMISSIONS ON RICHARD ABEL SKT ONK
26
This separate statement is hereby submitted by Defendant Dale Davis (" Defendant" ) in
27
support of his motion to compel further responses and for monetary sanctions against plaintiff,
28
DEFENDANTS DALE DAVIS'ND IACINDA DUVAL'S SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL
PLAINTIFF RICHARD ASEL'S COMPLETE RESPONSES To REQUESTS FOR ADMISSION, SET ONE
1
ELECTRONICALLY FILED
Edward McCutchan (SBN 119376) Superior Court of California
SUNDKRLAND McCUTCHAN, I LP County of Sonoma
I
6/10/2022 11;29 AM
1083 Vine Street, Suite 907 Arlene D. Junior, Clerk of the Court
Healdsburg, Califotriia 95448 By: Griselda Zavaia, Deputy Clerk
Telephone: (707) 433-0377
4
Facsimile; (707) 433-0379
5
Attorneys for Defendants
DALE DAVIS SUED AS DOE 4
JACINDA DUVAL SUED AS DOE 9
7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SONOMA
RICHARD ABEL, an individual, ) CASE NO, SCV-263456
)
ll ) DALE DAVIS'ND JACINDA DUVAL'S
Plaintiff,
REQUEST FOR JUDICIAL NOTICE IN
vs. SUPPORT OF THEIR MOTION TO
13
) COMPEL RICHARD ABEL'S PROPER
B, EDWARD McCUTCHAN, JR. an
ADMISSION RESPONSES AND FOR
14
individual; SUNDERLAND McCUTCHAN, MONETARY SANCTIONS AS TO THEIR
SEPARATE REQUESTS FOR
~
LLP, a general partnership; and DOES 1
through 100, inclusive, ADMISSIONS
18
)
Defendants. Hearing Date: 8/'I 0/22
17 Time: 3.00 pm
Dept.: 17
18 Trial Date: October 7, 2022
19 Assigned For All Purposes to the
Honorable Arthur a. Wick
20 Dent. 17
TO THE COURT, ALL PARTIES HEREIN, AND THEIR ATTORNEYS OF RECORD:
22
Pursuant to Evidence Code section 450 et seq., and the holding of Traders Snorts. Inc. v.
23
Citv of San Leandro (2001) 93 Cal. App. 4'7, defendants, Dale Davis sued as DOE 4 and
24
Jacinda Duval sued as DOE 9 herein, request that this court take judicial notice of the following
25
facts and documents in this action:
27 1. The August 31, 2021 filed notice of the Second Amended Judgment against
28 SCV-
Robert Zuckerman in Lieblina v. Goodrich, Sonoma County Superior Court Case No.
'COMPEL
DALE DAVIS'ND JACINDA DUVAL'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT. OF THEIR MOTION TO
REQUESTS
IUCHARD AEEL'S PROPER ADMISSION RESPONSES AND FOR MONETARY SANCTIONS AS TO THEIR SEPARATE
FOR ADMISSIONS
1
ELECTRONICALLY FILED
Superior Court of California
County of Sonoma
5/10/2022 1»DI29 AM
Arlene D. Junior, Clerk of the Court
By: Griselda Zavala, Deputy Clerk
I'»»,
Iii/vr EI I.» 'PS vAF
.e
.IÃ „" e.
ea Iae rsu»I SsrP Ik~ Mr»WAha
6»*- R»
5
Attorneys for Defendants N'X»*»7AIe~ 1»»»»»»»'»2»;»L»I~/+~»»
6 DALE DAVIS SUED AS DOE 4
and JACINDA DUVAL SUED AS DOE 9
7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SONOMA
RICHARD ABEL, an individual, ) CASE NO, SCV-263456
)
Plaintiff, DALE DAVIS'ND JACINDA DUVAL'S
NOTICE OF MOTION TO COMPEL
12
FURTHER ADMISSION RESPONSES
vs. AND FOR MONETARY SANCTIONS
AGAINST PLAINTIFF RICHARD ABEL
B. EDWARD McCUTCHAN, JR. an
individual; SUNDERLAND McCUTCHAN ) Hearing Date:8/1 0/22
~
) Time; 3:00 p.m.
LLP, a general partnership; and DOES 1
Courtroom: 17
through 100, inclusive,
16
) Assigned For All Purposes to the
Defendants. ) Honorable Arthur Wick
17
Dept. 17
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
20
PLEASE TAKE NOTICE that on 8/1 0/22 2022 at 3.0/lnrn am
21
in Department 17 of the Sonoma County Superior Court located at 3055 Cleveland Avenue,
22
23 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
25
their separate first request for admissions on him where he either admits or denies the requests
26
where his March 30, 2022 responses are evasive and incomplete and that he answer the
27
29
perceived deficient admission requests with a "admit" or "deny" response.
DALE DAVIS'ND IACINDA DUVAL'S NOTICE OF MOTION TO COMPEL FURTHER ADMiSSION
RESPONSES AND FOR MONETARY SANCTIONS AGAINST PLAINTIFF RICHARD ABEL
1
ELECTRONICALLY FILED
Edward McCutchan (SBN 119376) Superior Court of California
SUNDKRLAND i
McCUTCHAN, LI,P County of Sonoma
1083 Vine Street, Suite 907 E/10/2022 11:29 All/I
95448 Arlene D. Junior, Clerk of the Court
3 Healdsburg, California
By: Griselda Zavala, Deputy Clerk
Telephone: (707) 433-0377
Facsimile; (707) 433-0379
5
Attorneys for Defendant
6 DALE DAVIS SUED AS DOE 4
and JACINDA DUVAL SUED AS DOE 9
7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SONOMA
RICHARD ABEL, an individual, ) CASE NO, SCV-263456
Plaintiff, MEMORANDUM OF POINTS AND
AUTHORITIKS IN SUPPORT OF
12 DEFENDANT DALE DAVIS'ND
vs. JACINDA DUVAL'S MOTION TO
13 COMPEL PLAINTIFF RICHARD
B. EDWARD McCUTCHAN, JR. an ABEL'S COMPLETE RESPONSES TO
SUNDERLAND McCUTCHAN ) RKQUKSTS FOR ADMISSION, SKT ONK
individual; ~
)
LLP, a general partnership; and DOES 1
) Hearing Date: 8/10/22
through 100, inclusive, Time: 3:00p
16
Defendants. Trial Date: October 7, 2022
17
) Assigned For All Purposes to the
18 Honorable Arthur a. Wick
Dept. 17
19
I
20 FACTS
21
The burden of proof under California Evidence Code section 500 is on the party to whose
22
case the fact is essential. In this action, plaintiff in propria persona Richard Abel (hereinafter
23
"ABEL"), bears the burden of proof concerning his causes of action in his November 18, 2020
~
amended complaint in this action.
26
ABEL was served with DOE 4 defendant Dale Davis'nd DOE 9 defendant Jacinda
2'7
Duval's first set of requests for admissions on March 11, 2022. (See accompanying declaration
28
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEI'ENDANT DALE
DAVIS'ND JACINDA DUVAL'S MOTION
RESPONSES TO REQUESTS FOR ADMISSION, SET ONE
To COMPEL PLAINTIFP RICHARD ABEL'S COMPLETE
ELECTRONICALLY FILED
Edward MCCutchan (SBN 119376)
Superior Court of California
SUNDKRLAND ~
McCUTCHAN, LLP County of Sonoma
1083 Vine Street, Suite 907 0/10/2022 11:20 AM
Healdsburg, Califonua 95448 Arlene D. Junior, Clerk of the Court
Telephone: (707) 433-0377 By: Griselda Zavaia, Deputy Clerk
Facsimile: (707) 433-0379
3
Attorneys for Defendants
6 DALE DAVIS SUED AS DOE 4
JACINDA DUVAL SUED AS DOE 9
7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SONOMA
RICHARD ABEL, an individual, ) CASE NO. SCV-263456
)
11
Plaintiff, ) EXHIBIT PACKET TWO (2) TO
DECLARATION OF EDWARD
12
) McCUTCHAN IN SUPPORT OF DALE
13
vs, ) DAVIS'ND JACINDA DUVAL'S
) MOTION TO COMPEL FURTHER
B. EDWARD McCUTCHAN, JR. an ADMISSION RKSPONSKS AND FOR
individual; SUNDERLAND McCUTCHAN, / MONKTARY SANCTIONS AGAINST
~
PLAINTIFF RICHARD ABEL
LLP, a general partnership; and DOES 1
through 100, inclusive, ) Hearing Date:B/10/22
16
) Time; 3:00 p.m.
Defendants. ) Courtroom: 17
17
)
Assigned For All Purposes to the
18
Honorable Arthur Wick
19
20 Attached is Exhibit P acket Two (2) to the Declaration of Edward McCutchan in Support
of Dale Davis'nd Jacinda Duval's motion to compel further admissions responses and
22
monetary sanctions against Richard Abel due tb the volume of document pages submitted where
23
improper objections and evasive answers were received.
24
Date: May g, ~nl
2022
Edward MCCutchaz/
Attorneys for Defendants
DALE DAVIS SUED AS DOE 4
28
JACINDADUVAL SUED AS DOE 9
EXHIBiT PACKET TWO (2) TO DECLARATION OF EDWARD McCUTCHAN IN SUPPORT Or DALE
DAVIS'ND JACINDA
DUVAL'S MOTION TO COMPEL PURTHER ADMISSION RESPONSES AND FOR MONETARY SANCTIONS AGAINST PLAINTIFF
RICHARD ABEL
1
1 PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTV OF SONOMA
3
Iam employed in the County of Sonoma, State of Califonua. I am over the age of 18 and
not a patty to the within action; my present address is: 1083 Vine Street, Suite 907, Healdsburg.
5
California 95448.
6
On June, 2022, I served the foregoing documents described as PROOF OF
SERVICE OF FILED FACE PAOES WITH ASSIGNED HXARINC DATE OF BALK
DAVIS'ND,IACINDA DUVAL'S NOTICE Ol'OTION TO COMPEL FURTHER
ADMISSION RESPONSES AND FOR MONETARY SANCTIONS A( AINST PLAINTH F
10
RICHARD AJIEL on the parties by placing a true copy thereof enclosed in a sealed envelope
11
addressed as follows:
12
13 SKK ATTACHED SERVICE LIST
15 By Regular U.S. Mail. The documents were placed for collection and mailing following
16 ordinary business practice for deposit in the United States Postal Service in a sealed envelope with
17 postage thereon fully prepaid, addressed as stated above.
18 By personal service. I caused each such envelope to be delivered by hand to the
addressee(s) as stated above.
20 By facsimile transmitted from (707) 433-0379. The document transmission was reported as
21 complete and without error.
22 By email or electronic hansmission. 1 caused the document to be sent to the persons at the
23 email addresses listed below. I did not receive within a reasonable time after the transmission any
electronic message or other indication that thc transmission was unsuccessful.
25
I declare under penalty of perjury under the laws of the State of California that the foregoing
26
is true and correct and that this declaration was executed on at Healdsburg.
27
California.
28
Edward M utchan
PROOF QF SERVICE
3
Abel v. MCCutchan, et al.
Sonoma County Superior Court Case No. SCV-263456
3
Plaintiff in Pro Per: Richard Abel
Richard Abel IJSPS FIRST CLASS MAIL - ONI,Y
707 Hahman Drive, 119301
Santa Rosa, CA 95405-9301
Tel; (707) 340-3894
E-Maih pererel amaihcom
8
Defendant in Pro Per: Nansi Weil (DOE 15) KLKCTRONIC SKRVICK — ONLY
1P
Nansi Weil
5445 Bader Road
Santa Rosa, CA 95409
12
E-Mail; nansil'citraimentchandler.corn
13
Attorneys for Defendants; Sunderland ~
McCutchan, Inc.; Sunderland ~
McCutchan, LLP; B.
Edward McCutchan, Jr.
15 KLKCTRONIC SERVICE ONLY
Joseph S. Picchi, Esq. —
16 Aaron T. Schultz, Esq.
Galloway, Lucchese, Everson & Picchi
17 A Professional Corporation
2300 Contra Costa Blvd., Suite 350
18
Pleasant Hill, CA 94523-2398
Tel. No. (925) 930-9090
Fax No. (925) 930-9035
p
E-Maih aschultz alattvs.corn
21
22
23
25
26
28
PROOF OF SERVICE
4
Preview
Edward McCutchan (SBN 119376) SUNDERLAND i McCIJTCHAN, I.LP 1083 Vine Street, Suite 907 EIealdsburg, California 95448 Telephone: (707) 433-0377 Facsimile: (707) 433-0379 5 Attorneys for Defendants 6 DALE DAVIS SUED AS DOE 4 and JACINDA DUVAL SUED AS DOE 9 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SONOMA RICHARD ABEL, an individual, ) CASE NO. SCV-263456 ) Plaintiff, ) PROOF OF SERVICE 12 ) vs. ) Hearing Date: August 10, 2022 13 ) Time; 3;00 p.m. B. EDWARD MCCUTCHAN JR, an Courtroom: 13 individual; SUNDERLAND McCUTCHAN, ) ) Assigned For All Purposes to the LLP, a general partnership; and DOES 1 Honorable Christopher Honigsberg through 100, inclusive, ) 16 ) 17 Defendants. ) ) 18 ) /// 20 /// 21 /// /// /// 25 /// 26 /// 27 PROOF OF SERVICE 1 Date: JuneC2 ', 2022 SUNDERLAND ~ Mc IJ"Pi& LLP 2 (+~V~tchan Edward McC Attorneys f r Defendants DALE DA IS SUED AS P E4 JACINDA UVALQIJED AS DOE 9 10 12 13 16 17 18 19 20 21 22 23 25 26 27 20 PROOF OF SERVICE 2 ELECTRONICALLY FILED Edward McCutchan (SBN 119376) Superior Court of California SUNDKRLAND ~ McCUTCHAN, I LP County of Sonoma 1083 Vine Street, Suite 907 5/10/2022 11:29 Alyl Healdsburg, Califo17ua 9544g Arlene D. Junior, Clerk of the Court By: Griselda Zavala, Deputy Clerk Telephone: (707) 433-0377 Facsimile: (707) 433-0379 5 Attorneys for Defendant DALE DAVIS SUED AS DOE 4 JACINDA DUVAL SUED AS DOE 9 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SONOMA RICHARD ABEL, an individual, ) CASE NO. SCV-263456 Plaintiff, XXHIBIT PACKET ONX (I) TO DECLARATION OF EDWARD McCUTCHAN IN SUPPORT OF DALE 13 DAVIS'ND JACINDA DUVAL'S MOTION TO COMPKL FURTHER B. EDWARD McCUTCHAN, JR. an ADMISSION RESPONSES AND FOR 14 ) MONXTARY SANCTIONS AGAINST 15 individual; SUNDERLAND | McCUTCHAN, LLP, a general partnership; and DOES I ) ) PLAINTIFF RIC~ ABEL through 100, inclusive, Hearing Date8/10/22 Time; 3:00 p.m. Defendants, Courtroom: 17 17 18 Assigned For All Purposes to the Honorable Arthur Wick 19 20 Attached is Exhibit Packet One (I) to the Declaration of Edward McCutchan in Support of Dale Davis'nd Jacinda Duval's motion to compel further admissions responses and 22 monetary sanctions against Richard Abel due to the volume of document pages submitted whehe 23 improper objections and evasive answers were received. Date: May I, 2022 SUNDERLAND p 26 Edward McCut Attorneys for D DALE DAVIS JACINDA DUV EXHIBIT PAcKET oNE (II To DEcLARATIQN QF EDwARD MccurcHAN IN sUPPQRT GF DALE DAvls'ND JAcINDA DUVAL'S MOTION TO COMPEL FURTHER ADMISSION RESPONSES AND FOR MONETARY SANCTIONS AGAINST PLAINTIFF IUCHARD ABEL 1 Edward McCutchan (SBN 119376) ELECTRONICALLY FILED SUNDKRLAND McCUTCHAN, LLP Superior Court of California ~ County of Sonoma 1023 Vine Street, Suite 907 5/10/2022 11:29 Ahl Healdsburg, California 95448 Arlene I3. Junior, Clerk of the Court Telephone: (707) 433-0377 By: Griselda Zavala, Deputy Clerk Facsimile: (707) 433-0379 5 Attorneys for. Defendants DALE DAVIS SUED AS DOE 4 and JACINDA DUVAL SUED AS DOE 9 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SONOMA RIC~ ABEL, an individual, ) ) CASE NO. SCV-263456 Plaintiff, DECLARATION OF EDWARD McCUTCHAN IN SUPPORT OF 12 DKFKNDANT DALE DAVIS'ND 13 VS. JACINDA DUVAL'S MOTION TO COMPEL PLAINTIFF RICHARD B. EDWARD McCUTCHAN, JR. an ) ABKL'S PROPER RKSPONSKS TO SUNDERLAND McCUTCHAN, ) THEIR SKPARATK RKQUKSTS FOR individual; ADMISSIONS, SKT ONK ~ ) LLP, a general partnership; and DOES 1 through 100, inclusive, Hearing Datg/10/22 16 Tune: 3:OOI3rn 17 Defendants. Dept2 17 Trial Date: October 7, 2022 18 Assigned For All Purposes to the Honorable Arthur a. Wick 19 Dent. 17 28 I Edward McCutchan declare as follows: 21 1, I am a partner with Sunderland ~ McCutchan, LLP and represent defendants Dale 22 73 Davis and Jacinda Duval sued as DOES 4 and 9 in this action. If called as a witness, I am 24 competent to testify to the following facts. On March 11, 2022, I personally served my clients'Dale Davis'nd Jacinda 25 2. 26 Duval's) first set of admissions on plaintiff, Richard Abel in propria persona, in this action. True 27 "1" and "2" to this motion which and correct copies of these documents sre attached as Exhibits 28 DECLARATION OF EDWARD McCUTCHAN IN SUPPORT OP DEFENDANT DALE DAVIS'ND JACINDA DUVAL'S MOTION TO REQUESTS ADMISSIONS„SET ONE COMPEL PLAINTIFF RICHARD ABEL'S PROPER RESPONSES To THEIR SEPARATE FOR 1 ELECTRONICALLY FILED Edward McCutchan (SBN 119376) Superior Court of California SUNDKRLAIND ~ McCUTCHAN, I.LP County of Sonoma 1083 Vine Street, Suite 907 5/10/2022 11:29 AM Healdsburg, Califo17na 954411 Arlene D. Junior, Clerk of the Court By: Griselda Zavala, Deputy Clerk Telephone; (707) 433-0377 Facsimile; (707) 433-0379 5 Attorneys for Defendants DALE DAVIS SUED AS DOE 4 And JACINDA DUVAL SUED AS DO'E 9 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SONOMA RIC~ ABEL, an individual, ) ) CASE NO. SCV-263456 11 Plaintiff, DEFENDANT DALE DAVIS'ND 12 JACINDA DUVAL "S SEPARATE ) STATEMENT IN SUPPORT OF MOTION 13 vs. ) TO COMPEL PLAINTIFF RICHARD ) ABEL'S COMPLETE RESPONSES TO 14 B. EDWARD McCUTCHAN, JR. an ) REQUESTS FOR ADMISSION, SKT ONK individual; SUNDERLAND McCUTCHAN, ) AND FOR MONETARY SANCTIONS ~ ) LLP, a general partnership; and DOES 1 Hearing DateB/I N22 through 100, inclusive, ) Time; 16 ) 3:00I3 Defendants. Trial Date: October 7, 2022 17 Assigned For All Purposes to the 18 Honorable Arthur a. Wick 19 TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD; 21 This separate statement is hereby submitted by Defendants Dale Davis and Jacinda Duval sued as DOES 4 and 9 herein (" Defendants" ) in support of. their combined motions to compel 23 Plaintiff Richard Abel's complete responses to Requests for Admissions, Set One. 24 I 25 DALE DAVIS'KOUKST FOR ADMISSIONS ON RICHARD ABEL SKT ONK 26 This separate statement is hereby submitted by Defendant Dale Davis (" Defendant" ) in 27 support of his motion to compel further responses and for monetary sanctions against plaintiff, 28 DEFENDANTS DALE DAVIS'ND IACINDA DUVAL'S SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL PLAINTIFF RICHARD ASEL'S COMPLETE RESPONSES To REQUESTS FOR ADMISSION, SET ONE 1 ELECTRONICALLY FILED Edward McCutchan (SBN 119376) Superior Court of California SUNDKRLAND McCUTCHAN, I LP County of Sonoma I 6/10/2022 11;29 AM 1083 Vine Street, Suite 907 Arlene D. Junior, Clerk of the Court Healdsburg, Califotriia 95448 By: Griselda Zavaia, Deputy Clerk Telephone: (707) 433-0377 4 Facsimile; (707) 433-0379 5 Attorneys for Defendants DALE DAVIS SUED AS DOE 4 JACINDA DUVAL SUED AS DOE 9 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SONOMA RICHARD ABEL, an individual, ) CASE NO, SCV-263456 ) ll ) DALE DAVIS'ND JACINDA DUVAL'S Plaintiff, REQUEST FOR JUDICIAL NOTICE IN vs. SUPPORT OF THEIR MOTION TO 13 ) COMPEL RICHARD ABEL'S PROPER B, EDWARD McCUTCHAN, JR. an ADMISSION RESPONSES AND FOR 14 individual; SUNDERLAND McCUTCHAN, MONETARY SANCTIONS AS TO THEIR SEPARATE REQUESTS FOR ~ LLP, a general partnership; and DOES 1 through 100, inclusive, ADMISSIONS 18 ) Defendants. Hearing Date: 8/'I 0/22 17 Time: 3.00 pm Dept.: 17 18 Trial Date: October 7, 2022 19 Assigned For All Purposes to the Honorable Arthur a. Wick 20 Dent. 17 TO THE COURT, ALL PARTIES HEREIN, AND THEIR ATTORNEYS OF RECORD: 22 Pursuant to Evidence Code section 450 et seq., and the holding of Traders Snorts. Inc. v. 23 Citv of San Leandro (2001) 93 Cal. App. 4'7, defendants, Dale Davis sued as DOE 4 and 24 Jacinda Duval sued as DOE 9 herein, request that this court take judicial notice of the following 25 facts and documents in this action: 27 1. The August 31, 2021 filed notice of the Second Amended Judgment against 28 SCV- Robert Zuckerman in Lieblina v. Goodrich, Sonoma County Superior Court Case No. 'COMPEL DALE DAVIS'ND JACINDA DUVAL'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT. OF THEIR MOTION TO REQUESTS IUCHARD AEEL'S PROPER ADMISSION RESPONSES AND FOR MONETARY SANCTIONS AS TO THEIR SEPARATE FOR ADMISSIONS 1 ELECTRONICALLY FILED Superior Court of California County of Sonoma 5/10/2022 1»DI29 AM Arlene D. Junior, Clerk of the Court By: Griselda Zavala, Deputy Clerk I'»», Iii/vr EI I.» 'PS vAF .e .IÃ „" e. ea Iae rsu»I SsrP Ik~ Mr»WAha 6»*- R» 5 Attorneys for Defendants N'X»*»7AIe~ 1»»»»»»»'»2»;»L»I~/+~»» 6 DALE DAVIS SUED AS DOE 4 and JACINDA DUVAL SUED AS DOE 9 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SONOMA RICHARD ABEL, an individual, ) CASE NO, SCV-263456 ) Plaintiff, DALE DAVIS'ND JACINDA DUVAL'S NOTICE OF MOTION TO COMPEL 12 FURTHER ADMISSION RESPONSES vs. AND FOR MONETARY SANCTIONS AGAINST PLAINTIFF RICHARD ABEL B. EDWARD McCUTCHAN, JR. an individual; SUNDERLAND McCUTCHAN ) Hearing Date:8/1 0/22 ~ ) Time; 3:00 p.m. LLP, a general partnership; and DOES 1 Courtroom: 17 through 100, inclusive, 16 ) Assigned For All Purposes to the Defendants. ) Honorable Arthur Wick 17 Dept. 17 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 20 PLEASE TAKE NOTICE that on 8/1 0/22 2022 at 3.0/lnrn am 21 in Department 17 of the Sonoma County Superior Court located at 3055 Cleveland Avenue, 22 23 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 25 their separate first request for admissions on him where he either admits or denies the requests 26 where his March 30, 2022 responses are evasive and incomplete and that he answer the 27 29 perceived deficient admission requests with a "admit" or "deny" response. DALE DAVIS'ND IACINDA DUVAL'S NOTICE OF MOTION TO COMPEL FURTHER ADMiSSION RESPONSES AND FOR MONETARY SANCTIONS AGAINST PLAINTIFF RICHARD ABEL 1 ELECTRONICALLY FILED Edward McCutchan (SBN 119376) Superior Court of California SUNDKRLAND i McCUTCHAN, LI,P County of Sonoma 1083 Vine Street, Suite 907 E/10/2022 11:29 All/I 95448 Arlene D. Junior, Clerk of the Court 3 Healdsburg, California By: Griselda Zavala, Deputy Clerk Telephone: (707) 433-0377 Facsimile; (707) 433-0379 5 Attorneys for Defendant 6 DALE DAVIS SUED AS DOE 4 and JACINDA DUVAL SUED AS DOE 9 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SONOMA RICHARD ABEL, an individual, ) CASE NO, SCV-263456 Plaintiff, MEMORANDUM OF POINTS AND AUTHORITIKS IN SUPPORT OF 12 DEFENDANT DALE DAVIS'ND vs. JACINDA DUVAL'S MOTION TO 13 COMPEL PLAINTIFF RICHARD B. EDWARD McCUTCHAN, JR. an ABEL'S COMPLETE RESPONSES TO SUNDERLAND McCUTCHAN ) RKQUKSTS FOR ADMISSION, SKT ONK individual; ~ ) LLP, a general partnership; and DOES 1 ) Hearing Date: 8/10/22 through 100, inclusive, Time: 3:00p 16 Defendants. Trial Date: October 7, 2022 17 ) Assigned For All Purposes to the 18 Honorable Arthur a. Wick Dept. 17 19 I 20 FACTS 21 The burden of proof under California Evidence Code section 500 is on the party to whose 22 case the fact is essential. In this action, plaintiff in propria persona Richard Abel (hereinafter 23 "ABEL"), bears the burden of proof concerning his causes of action in his November 18, 2020 ~ amended complaint in this action. 26 ABEL was served with DOE 4 defendant Dale Davis'nd DOE 9 defendant Jacinda 2'7 Duval's first set of requests for admissions on March 11, 2022. (See accompanying declaration 28 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEI'ENDANT DALE DAVIS'ND JACINDA DUVAL'S MOTION RESPONSES TO REQUESTS FOR ADMISSION, SET ONE To COMPEL PLAINTIFP RICHARD ABEL'S COMPLETE ELECTRONICALLY FILED Edward MCCutchan (SBN 119376) Superior Court of California SUNDKRLAND ~ McCUTCHAN, LLP County of Sonoma 1083 Vine Street, Suite 907 0/10/2022 11:20 AM Healdsburg, Califonua 95448 Arlene D. Junior, Clerk of the Court Telephone: (707) 433-0377 By: Griselda Zavaia, Deputy Clerk Facsimile: (707) 433-0379 3 Attorneys for Defendants 6 DALE DAVIS SUED AS DOE 4 JACINDA DUVAL SUED AS DOE 9 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SONOMA RICHARD ABEL, an individual, ) CASE NO. SCV-263456 ) 11 Plaintiff, ) EXHIBIT PACKET TWO (2) TO DECLARATION OF EDWARD 12 ) McCUTCHAN IN SUPPORT OF DALE 13 vs, ) DAVIS'ND JACINDA DUVAL'S ) MOTION TO COMPEL FURTHER B. EDWARD McCUTCHAN, JR. an ADMISSION RKSPONSKS AND FOR individual; SUNDERLAND McCUTCHAN, / MONKTARY SANCTIONS AGAINST ~ PLAINTIFF RICHARD ABEL LLP, a general partnership; and DOES 1 through 100, inclusive, ) Hearing Date:B/10/22 16 ) Time; 3:00 p.m. Defendants. ) Courtroom: 17 17 ) Assigned For All Purposes to the 18 Honorable Arthur Wick 19 20 Attached is Exhibit P acket Two (2) to the Declaration of Edward McCutchan in Support of Dale Davis'nd Jacinda Duval's motion to compel further admissions responses and 22 monetary sanctions against Richard Abel due tb the volume of document pages submitted where 23 improper objections and evasive answers were received. 24 Date: May g, ~nl 2022 Edward MCCutchaz/ Attorneys for Defendants DALE DAVIS SUED AS DOE 4 28 JACINDADUVAL SUED AS DOE 9 EXHIBiT PACKET TWO (2) TO DECLARATION OF EDWARD McCUTCHAN IN SUPPORT Or DALE DAVIS'ND JACINDA DUVAL'S MOTION TO COMPEL PURTHER ADMISSION RESPONSES AND FOR MONETARY SANCTIONS AGAINST PLAINTIFF RICHARD ABEL 1 1 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTV OF SONOMA 3 Iam employed in the County of Sonoma, State of Califonua. I am over the age of 18 and not a patty to the within action; my present address is: 1083 Vine Street, Suite 907, Healdsburg. 5 California 95448. 6 On June, 2022, I served the foregoing documents described as PROOF OF SERVICE OF FILED FACE PAOES WITH ASSIGNED HXARINC DATE OF BALK DAVIS'ND,IACINDA DUVAL'S NOTICE Ol'OTION TO COMPEL FURTHER ADMISSION RESPONSES AND FOR MONETARY SANCTIONS A( AINST PLAINTH F 10 RICHARD AJIEL on the parties by placing a true copy thereof enclosed in a sealed envelope 11 addressed as follows: 12 13 SKK ATTACHED SERVICE LIST 15 By Regular U.S. Mail. The documents were placed for collection and mailing following 16 ordinary business practice for deposit in the United States Postal Service in a sealed envelope with 17 postage thereon fully prepaid, addressed as stated above. 18 By personal service. I caused each such envelope to be delivered by hand to the addressee(s) as stated above. 20 By facsimile transmitted from (707) 433-0379. The document transmission was reported as 21 complete and without error. 22 By email or electronic hansmission. 1 caused the document to be sent to the persons at the 23 email addresses listed below. I did not receive within a reasonable time after the transmission any electronic message or other indication that thc transmission was unsuccessful. 25 I declare under penalty of perjury under the laws of the State of California that the foregoing 26 is true and correct and that this declaration was executed on at Healdsburg. 27 California. 28 Edward M utchan PROOF QF SERVICE 3 Abel v. MCCutchan, et al. Sonoma County Superior Court Case No. SCV-263456 3 Plaintiff in Pro Per: Richard Abel Richard Abel IJSPS FIRST CLASS MAIL - ONI,Y 707 Hahman Drive, 119301 Santa Rosa, CA 95405-9301 Tel; (707) 340-3894 E-Maih pererel amaihcom 8 Defendant in Pro Per: Nansi Weil (DOE 15) KLKCTRONIC SKRVICK — ONLY 1P Nansi Weil 5445 Bader Road Santa Rosa, CA 95409 12 E-Mail; nansil'citraimentchandler.corn 13 Attorneys for Defendants; Sunderland ~ McCutchan, Inc.; Sunderland ~ McCutchan, LLP; B. Edward McCutchan, Jr. 15 KLKCTRONIC SERVICE ONLY Joseph S. Picchi, Esq. — 16 Aaron T. Schultz, Esq. Galloway, Lucchese, Everson & Picchi 17 A Professional Corporation 2300 Contra Costa Blvd., Suite 350 18 Pleasant Hill, CA 94523-2398 Tel. No. (925) 930-9090 Fax No. (925) 930-9035 p E-Maih aschultz alattvs.corn 21 22 23 25 26 28 PROOF OF SERVICE 4