Preview
Edward McCutchan (SBN 119376)
SUNDKRLAND I
McCUTCHAN, LLP
1083 Vine Street, Suite 907
Healdsburg, CA 95448
Telephone: (707) 433-0377
Facsimile: (707) 433-0379
5
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
0
JACINDA DUVAL SUED AS DOE 7
BILL HING SUED AS DOE 8
3 LENORA VERNE FUNG SUED AS DOE 9
JUSTIN POENG SUED AS DOE 11
MATTHEW ZDANEK SUED AS DOE 16
SUPERIOR COURT OF THE STATE OF CALIFORNIA
12
COUNTY OF SONOMA
13
RICHARD ABEL, ) CASE NO. SCV-263456
)
15 Plaintiff, PROOF OF SERVICE
)
16 Filed Notice of Joinder in Support of
vs.
Motion for Summary Judgment or in the
17 Alternative, Summary Adjudication,
B. EDWARD McCUTCHAN, JR., an Supplemental Memorandum of Points &
18 individual; SUNDERLAND McCUTCHAN,
~
) Authorities, Supplemental Request for
19
LLP, a general partnership; and DOES I
) Judicial Notice, Separate Statement of
through 100, inclusive. ) Undisputed Material Facts in Support of
20 ) Motion for Summary Judgment, Separate
Defendants. ) Statement in Support of Motion for
21 ) Summary Adjudication
22 Hearing Date: May 3, 2023
Time: 3:00 p.m.
23 Dept.: 18
Honorable Christopher Honigsberg
25
26
27
28
paoop ottsEavIGE
1
Date: December~, 2022 SUNDERLAND ~
McCUTCHAN, LLP
C2
Edward M utchan
Attorney fo efe t&ALE 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, JACINDA DUVAL
SUED AS DOE 7, BILL HING SUED AS DOE 8,
LENORA VERNE PUNG SUED AS DOE 9,
JUSTIN POENG SUED AS DOE 11, MATTHEW
ZDANEK SUED AS DOE 16
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pkooF QF SERVFOE
2
ELECTRONICALLY FILED
Edward McCutchan (SBN 119376) Superior Court of California
SUNDKRLAND i McCUTCHAN, LLP County of Sonoma
1083 Vine Street, Suite 907 11/28/2022 8:00 AII/I
Heaidsburg, CA 95448 By: Lorena Deloza, Deputy Clerk
Telephone: (707) 433-0377
Facsimile, (707) 433-0379
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
'ACINDA
DUVAL SUED AS DOE 7
BILL HING SUED AS DOE 8
LENORA VERNE PUNG SUED AS DOE 9
JUSTIN POENG SUED AS DOE 11
10
MATTHEW ZDANEK SUED AS DOE 16
SUPERIOR COURT OF THE STATE OF CALIFORNIA
12
COUNTY OF SONOMA
13
RICHARD ABEL, CASE NO. SCV-263456
15 Plaintiff, SEPARATE STATEMENT OF
UNDISPUTED MATE&RIAL FACTS IN
vs, SU+fP~&~TION
- FOR SUMMARY
17
=-;-.=:-/JN ON BEHALF OF DOK
B. EDWARD McCUTCHAN, JR„an DEFE&NDANTS DALE DAVIS sued as DOK
18 individual; SUNDERLAND ~
McCUTCHAN, 4 JAMES NORD aka JIM NORD as an
LLP, a general pa11nership; and DOES 1 individual and on behalf of the Patrick Trust
through 100, inclusive, and Mein Trust sued as DOE 5 JACINDA
20 DUVAL SUED AS DOK 7& BILL HING
Defendants. SUED AS DOK 8, LENORA VKRNK FUNG
21 SUED AS DOK 9, JUSTIN POENG SUED
AS DOE& 11& MATTHKVy ZDANKIf. SUED
22
AS DOK 16
23 5/3/23
Datel 3.pp
24 Tnnel
Dept: 23-
25 Complaint Filed: November 2, 2018
Trial; March 10, 2023
26
The Honorable Christopher Honigsberg
27
28
SEPARATE STATEMENT Oll UNDISPUTED MATEIUAL PACTS/N SUPPORT OP MOTION POR SUMMARY JUDGEMENT BY
DOE DEPENDANTS
I
ELECTRONICALLY FILED
Superior Court of California
Edward McCutchan (SBN 119376) County of Sonoma
SUNDKRLAND ) McCUTCHANi LLP 11/28/2022 8:00 AM
1083 Vine Street, Suite 907 By: Lorena Deloza, Deputy Clerk
Healdsburg, CA 95448
Telephone: (707) 433-0377
4 Facsimile: (707) 433-0379
Attorneys for Defendants
6 DALEDAVIS sued as DOE4
JAMES NORD aka JIM NORD as an individual and on behalf
of the Patrick Tntst and Mein Trust sued as DOE 5
0
JACINDA DUVAL SUED AS DOE 7
BILL HING SUED AS DOE 8
3 LENORA VERNE PUNG SUED AS DOE 9
JUSTIN POENG SUED AS DOE 11
MATTHEW ZDANEK SUED AS DOE 16
SUPERIOR COURT OF THE STATE OF CALIFORNIA
12
COUNTY OF SONOMA
13
RICHARD ABEL, CASE NO. SCV-263456
Plaintiff, SEPARATE STATEMENT OF
UNDISPUTED MATERIAL FACTS IN
16
vs. SUPPORT OF MOTION FOR SUMMARY
AD JUDUCATION ON BEHALF OF
17
B, EDWARD McCUTCHAN, JR., an DEFENDANTS DALE DAVIS sued as DOKi
individual; SUNDERLAND (
McCUTCHAN, 4, JAMES NORD aha JIM NORD as an
LLP, a general partnership; and DOES 1 individual and on behalf of the Patricl&
through 100, inclusive. Trust and Mein Trust sued as DOK 5,
20
JACINDA DUVAL SUED AS DOK 7i
Defendants, BILL HING SUED AS DOE 8, LENORA
21 VKRNK FUNG SUED AS DOK 9,
JUSTIN POKNG SUED AS DOE 11i
22 MATTHEW ZDANEI& SUEiD AS DOEi 16
23 5/3/23
Date: 3.00
Time;1 tl
Dept:
25 Complaint Filed: November 2, 2018
Trial; March 10, 2023
26
The Honorable Christopher Honigsberg
27
28
SUPPORT OF MOTION FOR SUMMARY IJGMENT ON
SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN
BEHALF OF DOE DEFENDANT
ELECTRONICALLY FILED
Edward McCutchan (SBN 119376) Superior Court of California
SUNDERLAND McCUTCHAN, LLP County of Sonoma
i
11/28/2022 8I'OO AII/I
1083 Vine Stt'eet, Suite 907 Lorena Deloza, Deputy Clerk
By:
Healdsburg, CA 95448
Telephone, (707) 433-0377
Facsimile; (707) 433-0379
5
Attorneys for Defendants
6 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
0
JACINDA DUVAL SUED AS DOE 7
BILL HING SUED AS DOE 8
9 LENORA VERNE FUNG SUED AS DOE 9
JUSTIN POENG SUED AS DOE 11
MATTHEW ZDANEK SUED AS DOE 16
SUPERIOR COURT OF THE STATE OF CALIFORNIA
12
COUNTY OF SONOMA
13
RICHARD ABEL, CASE NO. SCV-263456
15 Plaintiff, DOE DKI KNDANTS'OTICE OF
JOINDER AND JOINDER IN SUPPORT
16 OF MOTION Ir OR SUMMARY
vs,
JUDGMENT OR IN THK
17 ALTERNATIVE SUMMARY
B. EDWARD McCUTCHAN, JR., an AD JUDICATION BY B, KD7IVARD
18 individual,'UNDERLAND i McCUTCHAN, MCCUTCHANJ JR,J ROBERT J,
19
LLP, a general partnership; and DOES I SUNDERLAND, SUNDERLAND i
tlrrough 100, inclusive. MCCUTCHANJ LLP AND
20 SUNDERLAND i MCCUTCHAN, INC.
Defendants. 5/3/23
21 t
Datet
D 3 pp
Time:18
22 Dept:
Complaint Filed: Noventber 2, 2018
23 Trial: March 10,2023
The Honorable Christopher Honigsberg
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
26
Defendants, Dale Davis sued as Doe 4, Jim Nord sued as Doe 5, Jacinda Duval sued as
27
Doe 7, Bill Hing sued as Doe 8, Lenora Verne Fung sued as Doe 9, Justin Poeng sued as Doe 11,
DEPENDANTs'DTIcE QP /CINDER IN sUPPDRT oF MQTIoN I oR sUMMARY JUDDMENT oR IN THE ALTERNA IVE
r
SUMMARY-ADJUDICATION
ELECTRONICALI Y FILED
Edward McCutchan (SBN 119376) Superior Court of California
SVNDERLAND ) McCUTCHAN, LLP County of Sonoma
1083 Vine Street, Suite 907 11/28/2022 8:00 AM
By: Lorena Deloza, Deputy Clerk
3 Healdsburg, CA 95448
Telephone; (707) 433-0377
Facsimile: (707) 433-0379
5
Attorneys for Defendants
6 DALEDAVIS sued as DOE4
JAMES NORD aka JIM NORD as an individual and on behalf
of the Patrick Trust and Mein Trust sued as DOE 5
JACINDA DUVAL SUED AS DOE 7
B1LL HING SUED AS DOB 8
9 LENORA VERNE PUNG SUED AS DOE 9
JUSTIN POENG SUED AS DOE 11
MATTHEW ZDANEK SUED AS DOE 16
SUPERIOR COURT OF THE STATE OF CALIFORNIA
12
COUNTY OF SONOMA
13
RICHARD ABEL, CASE NO, SCV-263456
15 Plaintiff, SVPPLEMKNTAL MKMORANDVM OF
POINTS AND AUTHORTIES IN
16
vs, SUPPORT OF MOTION FIOR SUMMARY
17 JUDGEMENT OR IN THK
B. EDWARD McCUTCHAN, JR., an ALTERNATIVE SUMMARY
individual; SUNDERLAND (
McCUTCHAN, AD JUDUCATION ON BEHALF Ol
LLP, a genera 1 partnership; and DOES 1 DEJFIENDANTS DALE DAVIS sued as DOE
9
through 100, inclusive. 4, JAMES NORD aka JIM NORD as an
20 individual and on behalf of the Patrick
Defendants. Trust and Mein Trust sued as DOE 5,
21 JACINDA DUVAL SUED AS DOE 7,
BILL HING SUED AS DOEJ 8,
22
LKNORA VEJRNE FUNG SUED AS DOE 9
23 JUSTIN POKNG SVED AS DOK 11
MATTHEW ZDANEK SUED AS DOE 16
24
25
5/3/23
Date: 3 00
Time: 18
26
Dept:
27
Complaint Filed: Noventber 2, 2018
Trial: March 1Q,2Q23
28
The Honorable Christopher Honigsberg
DOB DBFBNDANTS'EMORANDUM OF POINTS AND AUTJJORITES IN SUPPORT OF THEIR MOTIO/EOR SUMMARY.
JIJIJOEMENT OR IN THE ALTERNATIVE, SUMhfARY ADJUDICATION
ELECTRONICALLY FILED
Edward McCutchan (SBN 119376) Superior Court of California
SUNDERLAND i McCUTCHAN, LLP County of Sonoma
1083 Vine Street, Suite 907 11/28/2022 8:00 AM
3 Healdsburg, CA 95448 By: Lorena Deloza, Deputy Clerk
Telephone: (707) 433-0377
Facsimile: (707) 433-0379
5
Attorneys for Defendants
6 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
s JACINDA DUVAL SUED AS DOE 7
BILL HING SUED AS DOE 8
3 LENORA VERNE FUNG SUED AS DOE 9
JUSTIN POENG SUED AS DOE 11
MATTHEW ZDANEK SUED AS DOE 16
SUPERIOR COURT OF THE STATE OF CALIFORNIA
12
COUNTY OF SONOMA
13
RICHARD ABEL, CASE NO, SCV-263456
14
15 Plaintiff, SUPPLEMENTAL REQUEST FOR
JUDICIAL NOTICE IN SUPPORT OF
16 MOTION FOR SUMMARY JUDGEMENT
vs
17 OR IN THK ALTKRNATIVK SUMMARY
B, EDWARD McCUTCHAN, JR., an ADJUDUCATION ON BE&HALF OF
individual; SUNDERLAND McCUTCHAN,
)
DEFENDANTS DALE DAVIS sued as DOE
LLP, a general paITnership; and DOES I 4,JAMES NORD aha JIM NORD as an
19
through 100, inclusive. individual and on behalf of the Patrick
20 Trust and Mein Trust sued as DOE 5.
Defendants, JACINDA DUVAL SUED AS DOE 7&
21 BILL HING SUED AS DOE 8.
LENORA VKRNK KUNG SUED AS DOE 9
22
JUSTIN POENG SUED AS DOK 11
23 MATTHEW ZDANKI& SUED AS DOE 16
5/3/23
Date;
25 TJniel 3:00
Dept: 13
26 Contplaint Filed: November 2, 2018
Trial: March 10, 2023
27
28 The Honorable Christopher Honigsberg
SEPARATE sTATBMENT QF UNDlsPUTED MAT/RIAL PacTs IN sUPPDRT GF MGTIGN Fok sUMMARY JIIDGMBNT QN $
BEHALF Ol'EFEN DANI'S B. BAYARD McCUTCHAN, JRS ROBERT J. SUNDERLAND; AND SUN DBRLANQMcCUTCNANjLLP
PROOF OF SERVICE
(CCP sections 1011, 1012, 1012.5, 1013)
3 STATE OF CALIFORNIA )
) ss.
COUNTY OF SONOMA )
I am a citizen of the United States and a resident of the County aforesaid; I am over the age of 18
years and not a party to the within action; my business address is: 1083 Vine Street, Suite 907,
Healdsburg, California 95448.
On this date, December
Motion for Summary
), 2022,
Judgment
I served the within Filed Notice of Joinder in Support of
or in the Alternative, Summary Adjudication,
Supplemental Memorandum of Points A Authorities, Supplemental Request for Judicial
Notice, Separate Statement of Undisputed Material Facts in Support of Mptipy for
10 for
Summary Judgment, Separate Statement in Support of Motion Summary AR'.,
on the interested parties in said action, including a true copy thereof, and served the same on the
parties/counsel addressed as follows:
12
PLEASE SEE ATTACHED SERVICE LIST
13
The following is the procedure in which service of this document was affected:
U.S. Postal Service - placing such envelope(s) with postage thereon fully prepaid
in the designated area for outgoing mail in accordance with this office's practice,
16 whereby the mail is deposited in a U.S. mailbox in the City of Healdsburg,
California, after the close of the day's business.
17
Electronic Mail - I transmitted such documents(s) to the addressees at the below
18
E-Mail addresses:
Facsimile - I transmitted such documents(s) to the addressee(s) at the following
20 facsimile number(s):
21 One Legal's electronic service program. Using One Legal's electronic
transmission program, a true and correct copy of the documents was served on all
22 counsel by e-mailing a copy to each addressee named below.
23 Personal Service - I caused to be delivered such envelope(s) to the addressee(s) at
the address(es) set forth below.
I declare under penalty of perjury that the fore~goi g is true and correct and this document
26
is executed at Healdsburg, California on December, 2022.
27
28
EDWARD M CQTCHAN~
PROOF OF SERVICE
3
SKRVICK LIST
Abel v. McCutchan. et al.
Sonoma County Superior Court Case No. SCV-263456
Plaintiff in Pro Per: Richard Abel
5
Richard Abel USPS FIRST CLASS MAIL - ONLY
6 707 Hahman Drive, 119301
Santa Rosa, CA 95405-9301
7
0
Tel: (707) 340-3894
E-Maih nererelHmnaihcom
9
10'efendant in Pro Per: Nansi Weil
Nansi Ida Weil ELECTRONIC SERVICE - ONLY
434 Fifth Avenue, Apt. 1240
Pittsburg, PA 15219
13
E-Mail:nansiweil comcast.net
14
Attorneys for Defendants: Sunderland ~
McCutchan, Inc., Sunderland ~
McCutchan, LLP,
B. Edward McCutchan, Jr.
16
17 Alexander D. Promm, Esq.
Joseph S. Picchi, Esq. ELECTRONIC MAIL - ONLY
18 Galloway, Lucchese, Everson Ec Picchi
A Professional Corporation
19 2300 Contra Costa Blvd., Suite 350
Pleasant Hill, CA 94523-2398
20
Tel: (925) 930-9090
21 Fax: (925) 930-9035
E-Mail: anrommCcbalattvs.corn
22
23
25
26
28
PROOF OF SERVICE
Preview
Edward McCutchan (SBN 119376) SUNDKRLAND I McCUTCHAN, LLP 1083 Vine Street, Suite 907 Healdsburg, CA 95448 Telephone: (707) 433-0377 Facsimile: (707) 433-0379 5 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 0 JACINDA DUVAL SUED AS DOE 7 BILL HING SUED AS DOE 8 3 LENORA VERNE FUNG SUED AS DOE 9 JUSTIN POENG SUED AS DOE 11 MATTHEW ZDANEK SUED AS DOE 16 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 COUNTY OF SONOMA 13 RICHARD ABEL, ) CASE NO. SCV-263456 ) 15 Plaintiff, PROOF OF SERVICE ) 16 Filed Notice of Joinder in Support of vs. Motion for Summary Judgment or in the 17 Alternative, Summary Adjudication, B. EDWARD McCUTCHAN, JR., an Supplemental Memorandum of Points & 18 individual; SUNDERLAND McCUTCHAN, ~ ) Authorities, Supplemental Request for 19 LLP, a general partnership; and DOES I ) Judicial Notice, Separate Statement of through 100, inclusive. ) Undisputed Material Facts in Support of 20 ) Motion for Summary Judgment, Separate Defendants. ) Statement in Support of Motion for 21 ) Summary Adjudication 22 Hearing Date: May 3, 2023 Time: 3:00 p.m. 23 Dept.: 18 Honorable Christopher Honigsberg 25 26 27 28 paoop ottsEavIGE 1 Date: December~, 2022 SUNDERLAND ~ McCUTCHAN, LLP C2 Edward M utchan Attorney fo efe t&ALE 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, JACINDA DUVAL SUED AS DOE 7, BILL HING SUED AS DOE 8, LENORA VERNE PUNG SUED AS DOE 9, JUSTIN POENG SUED AS DOE 11, MATTHEW ZDANEK SUED AS DOE 16 10 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 pkooF QF SERVFOE 2 ELECTRONICALLY FILED Edward McCutchan (SBN 119376) Superior Court of California SUNDKRLAND i McCUTCHAN, LLP County of Sonoma 1083 Vine Street, Suite 907 11/28/2022 8:00 AII/I Heaidsburg, CA 95448 By: Lorena Deloza, Deputy Clerk Telephone: (707) 433-0377 Facsimile, (707) 433-0379 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 'ACINDA DUVAL SUED AS DOE 7 BILL HING SUED AS DOE 8 LENORA VERNE PUNG SUED AS DOE 9 JUSTIN POENG SUED AS DOE 11 10 MATTHEW ZDANEK SUED AS DOE 16 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 COUNTY OF SONOMA 13 RICHARD ABEL, CASE NO. SCV-263456 15 Plaintiff, SEPARATE STATEMENT OF UNDISPUTED MATE&RIAL FACTS IN vs, SU+fP~&~TION - FOR SUMMARY 17 =-;-.=:-/JN ON BEHALF OF DOK B. EDWARD McCUTCHAN, JR„an DEFE&NDANTS DALE DAVIS sued as DOK 18 individual; SUNDERLAND ~ McCUTCHAN, 4 JAMES NORD aka JIM NORD as an LLP, a general pa11nership; and DOES 1 individual and on behalf of the Patrick Trust through 100, inclusive, and Mein Trust sued as DOE 5 JACINDA 20 DUVAL SUED AS DOK 7& BILL HING Defendants. SUED AS DOK 8, LENORA VKRNK FUNG 21 SUED AS DOK 9, JUSTIN POENG SUED AS DOE& 11& MATTHKVy ZDANKIf. SUED 22 AS DOK 16 23 5/3/23 Datel 3.pp 24 Tnnel Dept: 23- 25 Complaint Filed: November 2, 2018 Trial; March 10, 2023 26 The Honorable Christopher Honigsberg 27 28 SEPARATE STATEMENT Oll UNDISPUTED MATEIUAL PACTS/N SUPPORT OP MOTION POR SUMMARY JUDGEMENT BY DOE DEPENDANTS I ELECTRONICALLY FILED Superior Court of California Edward McCutchan (SBN 119376) County of Sonoma SUNDKRLAND ) McCUTCHANi LLP 11/28/2022 8:00 AM 1083 Vine Street, Suite 907 By: Lorena Deloza, Deputy Clerk Healdsburg, CA 95448 Telephone: (707) 433-0377 4 Facsimile: (707) 433-0379 Attorneys for Defendants 6 DALEDAVIS sued as DOE4 JAMES NORD aka JIM NORD as an individual and on behalf of the Patrick Tntst and Mein Trust sued as DOE 5 0 JACINDA DUVAL SUED AS DOE 7 BILL HING SUED AS DOE 8 3 LENORA VERNE PUNG SUED AS DOE 9 JUSTIN POENG SUED AS DOE 11 MATTHEW ZDANEK SUED AS DOE 16 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 COUNTY OF SONOMA 13 RICHARD ABEL, CASE NO. SCV-263456 Plaintiff, SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN 16 vs. SUPPORT OF MOTION FOR SUMMARY AD JUDUCATION ON BEHALF OF 17 B, EDWARD McCUTCHAN, JR., an DEFENDANTS DALE DAVIS sued as DOKi individual; SUNDERLAND ( McCUTCHAN, 4, JAMES NORD aha JIM NORD as an LLP, a general partnership; and DOES 1 individual and on behalf of the Patricl& through 100, inclusive. Trust and Mein Trust sued as DOK 5, 20 JACINDA DUVAL SUED AS DOK 7i Defendants, BILL HING SUED AS DOE 8, LENORA 21 VKRNK FUNG SUED AS DOK 9, JUSTIN POKNG SUED AS DOE 11i 22 MATTHEW ZDANEI& SUEiD AS DOEi 16 23 5/3/23 Date: 3.00 Time;1 tl Dept: 25 Complaint Filed: November 2, 2018 Trial; March 10, 2023 26 The Honorable Christopher Honigsberg 27 28 SUPPORT OF MOTION FOR SUMMARY IJGMENT ON SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN BEHALF OF DOE DEFENDANT ELECTRONICALLY FILED Edward McCutchan (SBN 119376) Superior Court of California SUNDERLAND McCUTCHAN, LLP County of Sonoma i 11/28/2022 8I'OO AII/I 1083 Vine Stt'eet, Suite 907 Lorena Deloza, Deputy Clerk By: Healdsburg, CA 95448 Telephone, (707) 433-0377 Facsimile; (707) 433-0379 5 Attorneys for Defendants 6 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 0 JACINDA DUVAL SUED AS DOE 7 BILL HING SUED AS DOE 8 9 LENORA VERNE FUNG SUED AS DOE 9 JUSTIN POENG SUED AS DOE 11 MATTHEW ZDANEK SUED AS DOE 16 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 COUNTY OF SONOMA 13 RICHARD ABEL, CASE NO. SCV-263456 15 Plaintiff, DOE DKI KNDANTS'OTICE OF JOINDER AND JOINDER IN SUPPORT 16 OF MOTION Ir OR SUMMARY vs, JUDGMENT OR IN THK 17 ALTERNATIVE SUMMARY B. EDWARD McCUTCHAN, JR., an AD JUDICATION BY B, KD7IVARD 18 individual,'UNDERLAND i McCUTCHAN, MCCUTCHANJ JR,J ROBERT J, 19 LLP, a general partnership; and DOES I SUNDERLAND, SUNDERLAND i tlrrough 100, inclusive. MCCUTCHANJ LLP AND 20 SUNDERLAND i MCCUTCHAN, INC. Defendants. 5/3/23 21 t Datet D 3 pp Time:18 22 Dept: Complaint Filed: Noventber 2, 2018 23 Trial: March 10,2023 The Honorable Christopher Honigsberg TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 26 Defendants, Dale Davis sued as Doe 4, Jim Nord sued as Doe 5, Jacinda Duval sued as 27 Doe 7, Bill Hing sued as Doe 8, Lenora Verne Fung sued as Doe 9, Justin Poeng sued as Doe 11, DEPENDANTs'DTIcE QP /CINDER IN sUPPDRT oF MQTIoN I oR sUMMARY JUDDMENT oR IN THE ALTERNA IVE r SUMMARY-ADJUDICATION ELECTRONICALI Y FILED Edward McCutchan (SBN 119376) Superior Court of California SVNDERLAND ) McCUTCHAN, LLP County of Sonoma 1083 Vine Street, Suite 907 11/28/2022 8:00 AM By: Lorena Deloza, Deputy Clerk 3 Healdsburg, CA 95448 Telephone; (707) 433-0377 Facsimile: (707) 433-0379 5 Attorneys for Defendants 6 DALEDAVIS sued as DOE4 JAMES NORD aka JIM NORD as an individual and on behalf of the Patrick Trust and Mein Trust sued as DOE 5 JACINDA DUVAL SUED AS DOE 7 B1LL HING SUED AS DOB 8 9 LENORA VERNE PUNG SUED AS DOE 9 JUSTIN POENG SUED AS DOE 11 MATTHEW ZDANEK SUED AS DOE 16 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 COUNTY OF SONOMA 13 RICHARD ABEL, CASE NO, SCV-263456 15 Plaintiff, SVPPLEMKNTAL MKMORANDVM OF POINTS AND AUTHORTIES IN 16 vs, SUPPORT OF MOTION FIOR SUMMARY 17 JUDGEMENT OR IN THK B. EDWARD McCUTCHAN, JR., an ALTERNATIVE SUMMARY individual; SUNDERLAND ( McCUTCHAN, AD JUDUCATION ON BEHALF Ol LLP, a genera 1 partnership; and DOES 1 DEJFIENDANTS DALE DAVIS sued as DOE 9 through 100, inclusive. 4, JAMES NORD aka JIM NORD as an 20 individual and on behalf of the Patrick Defendants. Trust and Mein Trust sued as DOE 5, 21 JACINDA DUVAL SUED AS DOE 7, BILL HING SUED AS DOEJ 8, 22 LKNORA VEJRNE FUNG SUED AS DOE 9 23 JUSTIN POKNG SVED AS DOK 11 MATTHEW ZDANEK SUED AS DOE 16 24 25 5/3/23 Date: 3 00 Time: 18 26 Dept: 27 Complaint Filed: Noventber 2, 2018 Trial: March 1Q,2Q23 28 The Honorable Christopher Honigsberg DOB DBFBNDANTS'EMORANDUM OF POINTS AND AUTJJORITES IN SUPPORT OF THEIR MOTIO/EOR SUMMARY. JIJIJOEMENT OR IN THE ALTERNATIVE, SUMhfARY ADJUDICATION ELECTRONICALLY FILED Edward McCutchan (SBN 119376) Superior Court of California SUNDERLAND i McCUTCHAN, LLP County of Sonoma 1083 Vine Street, Suite 907 11/28/2022 8:00 AM 3 Healdsburg, CA 95448 By: Lorena Deloza, Deputy Clerk Telephone: (707) 433-0377 Facsimile: (707) 433-0379 5 Attorneys for Defendants 6 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 s JACINDA DUVAL SUED AS DOE 7 BILL HING SUED AS DOE 8 3 LENORA VERNE FUNG SUED AS DOE 9 JUSTIN POENG SUED AS DOE 11 MATTHEW ZDANEK SUED AS DOE 16 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 COUNTY OF SONOMA 13 RICHARD ABEL, CASE NO, SCV-263456 14 15 Plaintiff, SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF 16 MOTION FOR SUMMARY JUDGEMENT vs 17 OR IN THK ALTKRNATIVK SUMMARY B, EDWARD McCUTCHAN, JR., an ADJUDUCATION ON BE&HALF OF individual; SUNDERLAND McCUTCHAN, ) DEFENDANTS DALE DAVIS sued as DOE LLP, a general paITnership; and DOES I 4,JAMES NORD aha JIM NORD as an 19 through 100, inclusive. individual and on behalf of the Patrick 20 Trust and Mein Trust sued as DOE 5. Defendants, JACINDA DUVAL SUED AS DOE 7& 21 BILL HING SUED AS DOE 8. LENORA VKRNK KUNG SUED AS DOE 9 22 JUSTIN POENG SUED AS DOK 11 23 MATTHEW ZDANKI& SUED AS DOE 16 5/3/23 Date; 25 TJniel 3:00 Dept: 13 26 Contplaint Filed: November 2, 2018 Trial: March 10, 2023 27 28 The Honorable Christopher Honigsberg SEPARATE sTATBMENT QF UNDlsPUTED MAT/RIAL PacTs IN sUPPDRT GF MGTIGN Fok sUMMARY JIIDGMBNT QN $ BEHALF Ol'EFEN DANI'S B. BAYARD McCUTCHAN, JRS ROBERT J. SUNDERLAND; AND SUN DBRLANQMcCUTCNANjLLP PROOF OF SERVICE (CCP sections 1011, 1012, 1012.5, 1013) 3 STATE OF CALIFORNIA ) ) ss. COUNTY OF SONOMA ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of 18 years and not a party to the within action; my business address is: 1083 Vine Street, Suite 907, Healdsburg, California 95448. On this date, December Motion for Summary ), 2022, Judgment I served the within Filed Notice of Joinder in Support of or in the Alternative, Summary Adjudication, Supplemental Memorandum of Points A Authorities, Supplemental Request for Judicial Notice, Separate Statement of Undisputed Material Facts in Support of Mptipy for 10 for Summary Judgment, Separate Statement in Support of Motion Summary AR'., on the interested parties in said action, including a true copy thereof, and served the same on the parties/counsel addressed as follows: 12 PLEASE SEE ATTACHED SERVICE LIST 13 The following is the procedure in which service of this document was affected: U.S. Postal Service - placing such envelope(s) with postage thereon fully prepaid in the designated area for outgoing mail in accordance with this office's practice, 16 whereby the mail is deposited in a U.S. mailbox in the City of Healdsburg, California, after the close of the day's business. 17 Electronic Mail - I transmitted such documents(s) to the addressees at the below 18 E-Mail addresses: Facsimile - I transmitted such documents(s) to the addressee(s) at the following 20 facsimile number(s): 21 One Legal's electronic service program. Using One Legal's electronic transmission program, a true and correct copy of the documents was served on all 22 counsel by e-mailing a copy to each addressee named below. 23 Personal Service - I caused to be delivered such envelope(s) to the addressee(s) at the address(es) set forth below. I declare under penalty of perjury that the fore~goi g is true and correct and this document 26 is executed at Healdsburg, California on December, 2022. 27 28 EDWARD M CQTCHAN~ PROOF OF SERVICE 3 SKRVICK LIST Abel v. McCutchan. et al. Sonoma County Superior Court Case No. SCV-263456 Plaintiff in Pro Per: Richard Abel 5 Richard Abel USPS FIRST CLASS MAIL - ONLY 6 707 Hahman Drive, 119301 Santa Rosa, CA 95405-9301 7 0 Tel: (707) 340-3894 E-Maih nererelHmnaihcom 9 10'efendant in Pro Per: Nansi Weil Nansi Ida Weil ELECTRONIC SERVICE - ONLY 434 Fifth Avenue, Apt. 1240 Pittsburg, PA 15219 13 E-Mail:nansiweil comcast.net 14 Attorneys for Defendants: Sunderland ~ McCutchan, Inc., Sunderland ~ McCutchan, LLP, B. Edward McCutchan, Jr. 16 17 Alexander D. Promm, Esq. Joseph S. Picchi, Esq. ELECTRONIC MAIL - ONLY 18 Galloway, Lucchese, Everson Ec Picchi A Professional Corporation 19 2300 Contra Costa Blvd., Suite 350 Pleasant Hill, CA 94523-2398 20 Tel: (925) 930-9090 21 Fax: (925) 930-9035 E-Mail: anrommCcbalattvs.corn 22 23 25 26 28 PROOF OF SERVICE