On November 02, 2018 a
Motion-Secondary
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.
Preview
Edward McCutchan (SBN 119376)
SUNDERLAND I
McCUTCHAN, LLP
1083 Vine Street, Suite 907
3 Healdsburg, California 95448
Telephone: (707) 433-0377
Facsimile: (707) 433-0379
5
Attorneys for Defendants
Attorneys for Defendants, DALE DAVIS sued as DOE 4
JAMES NORD aka JIM NORD as an individual and on behalf
of the Patrick Trust and Mein Trust sued as DOE 5, BILL HING SUED AS DOE 8
0
LENORA VERNE FUNG SUED AS DOE 9
JUSTIN POENG SUED AS DOE 11
MATTHEW ZDANEK SUED AS DOE 16,
JACINDA DUVAL SUED AS DOE 7
10
SUPERIOR COURT OF THE STATE OF CALIFORNIA
12 FOR THE COUNTY OF SONOMA
RICHARD ABEL, an individual, ) CASE NO. SCV-263456
14 )
Plaintiff, ) DOK DEFENDANTS'BJECTIONS
15 ) TO RICHARD ABEL'S JULY 14& 2022
) DECLARATION TO FILE SECOND
vs. ) AMENDED COMPLAINT
16
)
17 B. EDWARD McCUTCHAN, JR. an ) Date: December 5, 2022 (formerly October 31,
individual; SUNDERLAND )
McCUTCHAN, 2022)
10 )
LLP, a general partnership; and DOES I
) Time: I:30 p.m.
19
through 100, inclusive, ) Dept.: 10
) Trial: January 13,2023
20 Defendants. )
) Assigned For All Purposes to the
21 ) Honorable Christopher Honigsberg
22
23 Defendants, DALE DAVIS sued as DOE 4, JAMES NORD aka JIM NORD as an
individual and on behalf of the Patrick Trust and Mein Trust sued as DOE 5, BILL HING sued
25
as DOE 8, LENORA VERNE FUNG sued as DOE 9, JUSTIN POENG sued as DOE 11,
26
MATTHEW ZDANEK sued as DOE 16, and JACINDA DUVAL sued as DOE 7, object to
27
Richard Abel's July 14, 2022 declaration in support of his motion to file a second
DOE DEFENDANTS'BJECTIONS TO RICHARD ABEL'S JULY l4, 2022 DECLARATION ro rILE SECOND AMENDED
COMPLAINT
1
amended complaint herein where the entire basis for such is the August 4, 2021 Second
2
Amended Judgment against Robert Zuckerman in Lieblina v. Goodrich et, al. Sonoma County
3
Superior Court Case No. SCV- 245728 (Richard Abel's memorandum of points and authorities
in support of his October 31, 2022 motion to file a second amended complaint 5:17-27) on the
8 following grounds:
1. Par. 10: Lack of Relevance. The August 4, 2021 second amended judgment against
8
Robert Zuckerman is privileged under Civil Code section 47(b) and is a final judgment that
9
Richard Abel did not appeal under California Rules of Court, Rule 8.406. Its terms control. All
10
defendants in this action contend that the August 4, 2021 Second Amended Judgment against
Robert Zuckerman in Lieblinn v. Goodrich et, al. Sonoma County Superior Court Case No.
13
SCV- 245728 is correct. However, for the sake of argument, "an erroneous judgment is as
14
conclusive as a correct one." (Busisk v. Workmen's Corno. ADDeals Bd. (1972) 7 Cal. 3d 967,
15
975).
17 2. Par. 26: Conclusionaty. Fails to state any specific facts for the relief sought and is
ambiguous.
19
Date: October, 2022 SUNDERL
20
21
22
Edward McC tchan
Attorneys for 9 efendants
23 BILL HING SU D-AS-D 8
LENORA VERNE FUNG SUED AS DOE 9
JUSTIN POENG SUED AS DOE 11
25 MATTHEW ZDANEK SUED AS DOE 16
27
28
DOE DEFENDANTS'BJECTIONS TO RICHARD ABEL'S JULY 14, 2022 DECLARATION TO FILE SECOND AMENDED
COMPLAINT
2
1 PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF SONOMA
3
I am employed in the County of Sonoma, State of California. I am over the age of 18 and
4
not a party to the within action; my present address is: 1083 Vine Street, Suite 907, Healdsburg.
5
California 95448.
6
0 Otg +(,2022, t dtg f gtgd td igd DOg
7
DEFENDANTS'BJECTIONS TO RICHARD ABEL'S JULY 14t 2022 DECLARATION
8
TO FILE SECOND AMENDED COMPLAINT on the paITies by placing a tme copy thereol
9
enclosed in a sealed envelope addressed as follows:
10
SEK ATTACHED SERVICE LIST
12
13 By Regular U.S. Mail. The documents were placed for collection and mailing following
ordinaty business practice for deposit in the United States Postal Service in a sealed envelope with
I 5 postage thereon fully prepaid, addressed as stated above.
16 By personal service. I caused each such envelope to be delivered by hand to the
addressee(s) as stated above.
18 By facsimile transmitted from (707) 433-0379. The document transmission was reported as
19 and without error.
compte
28 By email or electronic transmission. Icaused the document to be sent to the persons at the
21 email addresses listed below. I did not receive within a reasonable time atter the transmission any
22 electronic message or other indication that the transmission was unsuccessful.
23
25
is true
I declare
and correct and
California.
that this declaration was executed on October ),
under penalty of perjury under the laws of the State of California that the foregoing
2022, at Healdsburgt
26
Edward McC tchan
27
28
DOE DEFENDANTS'BJECTIONS TO RICI.IARD ABEL'S JULY 14, 2022 DECLARATION TO FILE SECOND AMENDED
COMPLAINT
3
Abel v. McCutchan. et al.
Sonoma County Superior Court Case No. SCV-263456
3
Plaintiff in Pro Per: Richard Abel
Richard Abel USPS FIRST CLASS MAIL - ONLY
707 Hahman Drive, II9301
6 Santa Rosa, CA 95405-9301
Tel: (707) 340-3894
E-Mail: Dererel muail.corn
9
Defendant in Pro Per: Nansi Weil
10
Nansi Weil ELECTRONIC SERVICE - ONLY
5445 Bader Road
Santa Rosa, CA 95409
E-Mail: nansiweiICrBcomcast.net
14
Attorneys for Defendants: Sunderland t McCutchan, Inc.; Sunderland McCutchan, LLP; B.
~
Edward McCutchan, Jr.
Joseph S. Picchi, Esq. ELECTRONIC SERVICE - ONLY
Aaron T. Schultz, Esq.
17 Galloway, Lucchese, Everson Bc Picchi
A Professional COIIJoration
18 2300 Contra Costa Blvd., Suite 350
Pleasant Hill, CA 94523-2398
19
Tel. No. (925) 930-9090
20 Fax No. (925) 930-9035
E-Mail:asclnlltzAa,alattvs.corn
21
22
23
25
26
27
28
DOE DEFENDANTS'EJECllONS TO RICHAIUJ AEEL'S JULY N, 2022 DFCLARATION TO FILF SECOND AMENDED
COMPLAINT
Preview
Edward McCutchan (SBN 119376) SUNDERLAND I McCUTCHAN, LLP 1083 Vine Street, Suite 907 3 Healdsburg, California 95448 Telephone: (707) 433-0377 Facsimile: (707) 433-0379 5 Attorneys for Defendants Attorneys for Defendants, DALE DAVIS sued as DOE 4 JAMES NORD aka JIM NORD as an individual and on behalf of the Patrick Trust and Mein Trust sued as DOE 5, BILL HING SUED AS DOE 8 0 LENORA VERNE FUNG SUED AS DOE 9 JUSTIN POENG SUED AS DOE 11 MATTHEW ZDANEK SUED AS DOE 16, JACINDA DUVAL SUED AS DOE 7 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SONOMA RICHARD ABEL, an individual, ) CASE NO. SCV-263456 14 ) Plaintiff, ) DOK DEFENDANTS'BJECTIONS 15 ) TO RICHARD ABEL'S JULY 14& 2022 ) DECLARATION TO FILE SECOND vs. ) AMENDED COMPLAINT 16 ) 17 B. EDWARD McCUTCHAN, JR. an ) Date: December 5, 2022 (formerly October 31, individual; SUNDERLAND ) McCUTCHAN, 2022) 10 ) LLP, a general partnership; and DOES I ) Time: I:30 p.m. 19 through 100, inclusive, ) Dept.: 10 ) Trial: January 13,2023 20 Defendants. ) ) Assigned For All Purposes to the 21 ) Honorable Christopher Honigsberg 22 23 Defendants, DALE DAVIS sued as DOE 4, JAMES NORD aka JIM NORD as an individual and on behalf of the Patrick Trust and Mein Trust sued as DOE 5, BILL HING sued 25 as DOE 8, LENORA VERNE FUNG sued as DOE 9, JUSTIN POENG sued as DOE 11, 26 MATTHEW ZDANEK sued as DOE 16, and JACINDA DUVAL sued as DOE 7, object to 27 Richard Abel's July 14, 2022 declaration in support of his motion to file a second DOE DEFENDANTS'BJECTIONS TO RICHARD ABEL'S JULY l4, 2022 DECLARATION ro rILE SECOND AMENDED COMPLAINT 1 amended complaint herein where the entire basis for such is the August 4, 2021 Second 2 Amended Judgment against Robert Zuckerman in Lieblina v. Goodrich et, al. Sonoma County 3 Superior Court Case No. SCV- 245728 (Richard Abel's memorandum of points and authorities in support of his October 31, 2022 motion to file a second amended complaint 5:17-27) on the 8 following grounds: 1. Par. 10: Lack of Relevance. The August 4, 2021 second amended judgment against 8 Robert Zuckerman is privileged under Civil Code section 47(b) and is a final judgment that 9 Richard Abel did not appeal under California Rules of Court, Rule 8.406. Its terms control. All 10 defendants in this action contend that the August 4, 2021 Second Amended Judgment against Robert Zuckerman in Lieblinn v. Goodrich et, al. Sonoma County Superior Court Case No. 13 SCV- 245728 is correct. However, for the sake of argument, "an erroneous judgment is as 14 conclusive as a correct one." (Busisk v. Workmen's Corno. ADDeals Bd. (1972) 7 Cal. 3d 967, 15 975). 17 2. Par. 26: Conclusionaty. Fails to state any specific facts for the relief sought and is ambiguous. 19 Date: October, 2022 SUNDERL 20 21 22 Edward McC tchan Attorneys for 9 efendants 23 BILL HING SU D-AS-D 8 LENORA VERNE FUNG SUED AS DOE 9 JUSTIN POENG SUED AS DOE 11 25 MATTHEW ZDANEK SUED AS DOE 16 27 28 DOE DEFENDANTS'BJECTIONS TO RICHARD ABEL'S JULY 14, 2022 DECLARATION TO FILE SECOND AMENDED COMPLAINT 2 1 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SONOMA 3 I am employed in the County of Sonoma, State of California. I am over the age of 18 and 4 not a party to the within action; my present address is: 1083 Vine Street, Suite 907, Healdsburg. 5 California 95448. 6 0 Otg +(,2022, t dtg f gtgd td igd DOg 7 DEFENDANTS'BJECTIONS TO RICHARD ABEL'S JULY 14t 2022 DECLARATION 8 TO FILE SECOND AMENDED COMPLAINT on the paITies by placing a tme copy thereol 9 enclosed in a sealed envelope addressed as follows: 10 SEK ATTACHED SERVICE LIST 12 13 By Regular U.S. Mail. The documents were placed for collection and mailing following ordinaty business practice for deposit in the United States Postal Service in a sealed envelope with I 5 postage thereon fully prepaid, addressed as stated above. 16 By personal service. I caused each such envelope to be delivered by hand to the addressee(s) as stated above. 18 By facsimile transmitted from (707) 433-0379. The document transmission was reported as 19 and without error. compte 28 By email or electronic transmission. Icaused the document to be sent to the persons at the 21 email addresses listed below. I did not receive within a reasonable time atter the transmission any 22 electronic message or other indication that the transmission was unsuccessful. 23 25 is true I declare and correct and California. that this declaration was executed on October ), under penalty of perjury under the laws of the State of California that the foregoing 2022, at Healdsburgt 26 Edward McC tchan 27 28 DOE DEFENDANTS'BJECTIONS TO RICI.IARD ABEL'S JULY 14, 2022 DECLARATION TO FILE SECOND AMENDED COMPLAINT 3 Abel v. McCutchan. et al. Sonoma County Superior Court Case No. SCV-263456 3 Plaintiff in Pro Per: Richard Abel Richard Abel USPS FIRST CLASS MAIL - ONLY 707 Hahman Drive, II9301 6 Santa Rosa, CA 95405-9301 Tel: (707) 340-3894 E-Mail: Dererel muail.corn 9 Defendant in Pro Per: Nansi Weil 10 Nansi Weil ELECTRONIC SERVICE - ONLY 5445 Bader Road Santa Rosa, CA 95409 E-Mail: nansiweiICrBcomcast.net 14 Attorneys for Defendants: Sunderland t McCutchan, Inc.; Sunderland McCutchan, LLP; B. ~ Edward McCutchan, Jr. Joseph S. Picchi, Esq. ELECTRONIC SERVICE - ONLY Aaron T. Schultz, Esq. 17 Galloway, Lucchese, Everson Bc Picchi A Professional COIIJoration 18 2300 Contra Costa Blvd., Suite 350 Pleasant Hill, CA 94523-2398 19 Tel. No. (925) 930-9090 20 Fax No. (925) 930-9035 E-Mail:asclnlltzAa,alattvs.corn 21 22 23 25 26 27 28 DOE DEFENDANTS'EJECllONS TO RICHAIUJ AEEL'S JULY N, 2022 DFCLARATION TO FILF SECOND AMENDED COMPLAINT