Legal Document: Thomas Kopitnik vs Christopher Hulme et al

On June 08, 2021 a 68262DECLA03f3be was filed involving a dispute between Kopitnik, Thomas, and Clearview Property Services Inc, Hulme, Christopher, for Unlimited Breach of Contract/Warranty (06) in the District Court of Santa Barbara County.

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1 JASON H. ANDERSON, State Bar No. 172087
janderson@stradlinglaw.com
2 ANDREW B. MASON, State Bar No. 317944
amason@stradlinglaw.com
3 STRADLING YOCCA CARLSON & RAUTH
A PROFESSIONAL CORPORATION
4 660 Newport Center Drive, Suite 1600
Newport Beach, CA 92660-6422
5 Telephone: 949 725 4000
Facsimile: 949 725 4100
6
Attorneys for Plaintiff
7 THOMAS KOPITNIK
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SANTA BARBARA - COOK
10 THOMAS KOPITNIK, an individual, CASE NO. 21CV02266
11 Plaintiff, Honorable James F Rigali.
Dept. SM2
12 vs.
DECLARATION OF DR. THOMAS
13 CLEARVIEW PROPERTY SERVICES, INC. a KOPITNIK IN SUPPORT OF HIS
California corporation; CHRISTOPHER MOTION FOR SUMMARY
14 HULME, and individual; and, DOES ADJUDICATION
1,THROUGH 10,
15
Defendant. Hearing:
16 Date: March 14, 2023
Time: 8:30 a.m.
17 Location: Dept. SM2
312-C East Cook Street
18 Santa Maria, CA 93454
19 Complaint Filed: June 8, 2021
SAC Filed: October 27, 2022
20 Trial Confirmation: March 13, 2023
Trial Date: April 24, 2023
21

28
S TRADLING Y OCCA -1-
C ARLSON & R AUTH
LAWYERS
NEWPORT BEACH
DECLARATION OF DR. THOMAS KOPITNIK
21CV02266
1 I, Dr. Thomas Kopitnik, declare as follows:

2 1. I am the Plaintiff in this action. I am making this Declaration in support of the

3 concurrently filed Motion for Summary Adjudication. I have personal knowledge of the facts

4 set forth in this declaration and, if called to testify as a witness thereto, I could and would

5 competently do so.

6 2. On or about June 28, 2019, I entered into a contract with Defendant Clearview

7 Property Services, Inc. that called for Defendant Clearview Property Services, Inc. to construct

8 a series of rock wall terraces, drainage systems, and landscape and hardscape improvements at

9 my ranch property located at 2401 U.S. Hwy. 101, Buellton, CA (the “Project”). Defendant

10 Clearview Property Services, Inc.’s president, Christopher Hulme, negotiated and signed on

11 Defendant Clearview Property Services, Inc. behalf. A true and correct copy of this

12 Agreement is attached hereto as Exhibit 1.

13 3. On July 1, 2019, I observed that representatives from Defendant Clearview

14 Property Services, Inc. arrived at my property to start working on the Project outlined in the

15 Agreement. Between July 1, 2019 and September 24, 2019, I observed representatives from

16 Defendant Clearview Property Services, Inc. conduct site preparation, grading, and rock wall

17 construction. As set forth in the invoices in Exhibit 2, infra, I was billed by Defendant

18 Clearview Property Services, Inc. for this work and paid the invoices for this work.

19 4. I ordered Defendant Clearview Property Services, Inc. to stop working on the

20 Project on or about October 13, 2020.

26 //

28
S TRADLING Y OCCA -2-
C ARLSON & R AUTH
LAWYERS
NEWPORT BEACH
DECLARATION OF DR. THOMAS KOPITNIK
21CV02266
1 5. I paid $928,503.69 to Defendant Clearview Property Services, Inc. under the

2 Agreement. Attached hereto as Exhibit 2 is a true and correct copy of my records reflecting

3 these payments.

4
5 I declare under penalty of perjury under the laws of the State of California that the

6 foregoing is true and correct.

7 Executed on .) " t-.l L 'i
l
8

9 By:

28
STR ADLING YO CCA -3-
CARL SON & R AUTH
l.AWYEU
N cw PO AT D l!ACII
DECLARATION OF DR. THOMAS KOPJTNIK
21 CV0226
Exhibit 1
HOME IMPROVEMENT CONTRACT

Date of Contract: June 28, 2019

Contractor name and address; Owner name and address;

Clearview Property Services, Inc. Tom Kopitnik
6464 Hollister Ave 2401 US Highway 10 1
Goleta, CA 93117 Buellton CA 93427

Mailing Address:
PO Box 61707 Project name and address:
Santa Barbara, CA 93 160
CA Contractors License No. 995590 Dark Star Ranch
Mail Notice c?[Cancellation 2401 US Highway 101
to this address Buellton CA 93427

You are entitled to a completely filled in copy of this agreement, signed by both you and the
Contractor, before any wo1·k may be started.

TIDS HOME IMPROVEMENT CONTRACT (this "Agreement") is made and
entered into by the Owner and Contractor identified above. At times, for purposes of complying
with certain provisions required by the California Business and Professions Code, Owner is
referred to as "buyer" and Contractor is referred to as "seller". This Agreement is comprised of
the terms and conditions set forth below and the Exhibits attached hereto and incorporated herein
by reference.

1. Description of the Project and Description of the Significant Materials to be Used
and Equipment to be Installed. The project and the materials to be used are described in the
Scope of Work attached hereto as Exhibit A (the "Work"). Unless specifically set forth
otherwise in Exhibit A, Owner shall be solely responsible for obtaining any and all permits
necessary or appropriate for Contractor to complete the Work, and Contractor shall have no
responsibility for obtaining any permits.

2. Contract Price. Subject to any adjustment pursuant to change order as provided herein,
the price of the Work to be performed by Contractor (the ''Contract Price") shall be determined
on a Time & Materials basis as follows:

a. The term "Time & Materials" shall mean costs necessarily incurred by Contractor in
the proper performance of the Work, including, but not be limited to, labor hours of
Contractor's workers and supervisory personnel at the Work site and other labor
costs, costs of materials and equipment to be used or incorporated in the Work (cont.)

Page I of 14
Exhibit 1
(including transportation, delivery, and storage), cost ofremoval and disposal of
debris from the Work site. and portable restroom rentals.

b. All costs as described above shall be reimbursable and billed by the Contractor, plus
15% markup.

c. Bi Liable labor rate will apply of $75 per hour per technician or supervisor working on
the project, including time and travel for materials from vendors and stores, meetings
with Client either in-person or over the phone, and other direct labor costs, all
rounded to tbe nearest quarter hour.

3. Schedule of Progress Payments. Owner wi 11 pay to Contractor the following amounts as
progress payments :

Dates of Bill in Amount Due

1. Down Payment - due upon acceptance of
Agreement and attached Proposal $1 000.00

2. Mid-week progress payments each working
week as follows . Each mid-week progress
payment is due on Day 3 or Wednesday of
each working week:
a. For any week when primarily a 2-
technician crew is working $5,000.00
b. For any week when primarily a 4-
technician crew is working $10,000.00
c. For any week when primarily a 6-
technician crew is working $15,000.00

3. Weekly balance due upon presentation of each weekly progress invoice, with labor
hours and billable costs added up the following week, at Time & Materials rates as
described in Section 2 of this Agreement, with the mid-week progress payment applied
accordingly . Please note, it can take several business days to a week to collect and
account for all vendor invoices and receipts each week, and week1y invoices will be sent
in a timely manner. ..:;..$T
=B=D_ __

4. Method of Payment. All payments must be made to Contractor via ACH bank debit
payment. Each invoice from Contractor will include a link to the secure online direct ACH
payment merchant processing system .

IT IS AGAJNST THE LAW FOR A CONTRACTOR TO COLLECT PAYMENT
FOR WORK NOT YET COMPLETED, OR FOR MATERIALS NOT YET
DELIVERED. HOWEVER, A CONTRACTOR MAY REQUIRE A DOWN
PAYMENT.

Page 2 of 14

Exhibit 1
5. Other Contractors. Any other specialty contractors or ranch workers ("Others") related
to the Work shall be hired by Owner and paid for directly by Owner. Contractor expects possibly
the following Others: plumber, electrician, concrete pump contractor, pool contractor, soils
engineer, and Owner's ranch workers. Contractor assumes no financial, legal, or workmanship
liability associated with Others.

6. Finance Charge. The amount of the finance charge (if any) is one and one half percent
(1.5%) per month for payments due and unpaid.

7. Down Payment. The amount of the down payment is$ 1 000.00 . THE
DOWN PAYMENT MAY NOT EXCEED $1,000 OR 10 PERCENT OF THE
CONTRACT PRICE, WIDCHEVER JS LESS.

8. Invoices. Owner shall promptly pay Contractor upon receipt of invoice or other request
for payment. Progress payments shall be considered late if not paid within one (1) business day
of invoice. Final payment to Contractor shall be made within five (5) days after substantial
completion of the Work and submission of the final invoice to Owner.

9. Approximate Start Date. Subject to the receipt of any required permits and/or funds as
required herein and Owner's granting Contractor access to the Work site, work will commence
on the following approximate date: Monday, July I, 2019.

10. Approximate Completion Date. Subject to permissible delays as set forth herein, the
Work will be completed eighteen (18) months later (the "Contract Time") on the following
approximate date: December 31, 2020. Such date is an estimate and is not a guaranteed date of
completion. Contractor shall not be responsible for any cost, expense or damages resulting from
a failure to meet the approximate completion date.

11 . Access. Owner must provide, no later than the Approximate Start Date, all necessary
access to the site or sites upon which the Work is to be performed. Owner shall continue to
provide such access until completion of the Work. Any delay in providing such access will
entitle the Contractor to an equitable adjustment in the Contract Price and the Contract Time.

12. Differing Site Conditions. Contractor will promptly, and before the following conditions
are disturbed, notify Owner in writing of any : (a) hazardous material that, because of its quantity,
concentration or physicaJ or chemicaJ characteristics, is deemed by any federal, state or local
governmental authority to pose a present or potential hazard to human health or safety or to the
environment, or that the handling of which may subject Contractor to legal liability; (b)
subsurface or latent physical conditions at the site materially different from those indicated in the
Scope of Work; or (c) unknown physical or other conditions at the site of an unusual nature,
materially different from those ordinarily encountered and generally recognized as inherent to
work of the character provided for in the Agreement including, but not limited to, hard soil ,
rock, groundwater, tree roots, pipes, abandoned utilities, and old concrete. Owner must promptly
investigate such conditions. If Owner finds that the worksite conditions do materially differ, or

Page 3 of 14
Exhibit 1
involve hazardous material, an equitable adjustment in the Contract Price and the Contract Time
for such work shall be made by change order as set forth herein.

13. Delay. Contractor shall not be responsible for any loss, damage, delay or other failure of
perfonnance on its part attributable in whole or in any material part to causes beyond the
responsible fault and control of Contractor, including but not limited to: rainy or moist weather,
significant wind, fire, flood, or other natural disaster; strikes, lockouts, slowdowns, picketing,
labor controversies, labor shortages, or other interruptions of work affecting Contractors
employees, subcontractors or suppliers; war, riot, or national emergencies; embargo delays, mill
conditions, or shortages affecting transportation equipment fuel, labor and/or materials;
accidents; breakage ofmachinery or losses or damages incurred in transit; compliance with any
applicable federal, state or local government law, regulation, or request; or any other contingency
beyond the control of Contractor. In such cases, the Contract Time shalJ be increased by an
additional amount of time commensurate with the period of such delay.

14. Mechanics Lien Releases. Upon Owner's satisfactory payment for any portion of the
Work performed, Contractor will provide unconditional mechanics lien releases for such portion
of the Work.

15. Changes In Work; Change Orders.

a. The work may be subject to changes or additions, deletions or revisions by Owner.
Contractor wi11 be notified by receipt of written additions and/or revised drawings,
specifications, exhibits or written orders. Whenever an adjustment in the Contract
Price or Contract Time is required because of Owner's request, differing site
conditions, errors in the plans and specifications, or other circumstances beyond the
control of Contractor (including, but not Ii mited to, lack of worksite access,
unforeseen underground obstacles, fires, floods, strikes, acts of God, natural disasters,
or acts of third parties} Contractor shall submit to Owner witbin a reasonable time a
change order. Pricing of the adjustment shall be in general accordance with the
pricing structure of this Agreement.

b. Contractor shall not be obligated to perfonn changes in the work or additional work
until Owner has approved, in writing, the changes to the Contract Price and the
Contract Time by written change order. Change orders shall be agreed to using the
form attached as Exhibit B. A change order form must be signed by both parties
before commencement of work on the change order.

c. Owner acknowledges that in the course of construction, certain minor change:;,
deviations, or omissions may be necessitated by job conditions, design changes by the
architect/engineer or designer, means and methods of construction, governmental
authorities, acts of God, unavailability of materials or similar conditions outside the
reasonable control of Contractor. All such changes, deviations, and omissions are
hereby authorized by Owner, provided the changes do not materially affect the Work.
Contractor expressly reserves the right to make substitutions of material.s or products
in the construction process provided that such substitutions (1) are substantially equal

Page 4 of 14
Exhibit 1
or superior to those shown in the Scope of Work and (2) do not alter the design or
aesthetic choices made by Owner.

d. The buyer may not require the contractor to perform change order work without
providing written authorization. Failure to comply with this requirement does not
preclude recovery of compensation by the contractor based on remedies designed to
prevent unjust enrichment.

16. Insurance; Destruction or Damage.

a. Owner shall procure and maintain a broad form of builders' risk insurance, inclucling
course of construction, vandalism, and malicious-mischief coverage with limits of
liability in an amount equal to the Contract Price (or the reasonable approximation of
the Contract Price) with loss payable to Owner. The insurance will name Contractor
and subcontractors as additional insureds. If Owner fails to do so for seven (7)
business days after receiving notice from Contractor, then Contractor may procure
such insurance as agent for and at the expense of Owner but is not required to do so.
A copy shall be given to Contractor.

b. In the event of substantial damage to the Project by fire, flood, earthquake, or other
such risk, whether insured or not, the Contractor shalJ be excused from further
performance under this Agreement, and will be paid the pro rat.a value of the Work
performed thirty (30) days after the date of such casualty. If the damage to the Work
is insubstantial, Contractor shall repair the damage and the Contract Price will be
increased by the reasonable value of the repairs. Damage will be deemed
" insubstantial" if the cost of repair is less than ten percent (10%) of the Contract
Price. As used in this paragraph, "repair" includes both repair to the Work performed
by Contractor, and repair to other portions ofthejobsite that is necessary to enable
Contractor to complete the performance of the Project. If the damage to the Work is
substantial, Owner will process its claims with its insurance carrier and Owner, and
Contractor will negotiate in good faith for a change order that will make appropriate
adjustments to the Contract Price. If the parties are unable to agree to the terms of a
Change Order, then Contractor will not be obligated to continue performance of the
Work.

17. Right to Suspend or Stop Work. Contractor, at its option, may suspend the Work
hereunder as a result of the following: (1) Owner's failure to timely pay sums due to the
Contractor, until such payment is made; (2) a dispute over payment for extra work, differing site
conditions, changes by Owner or other circumstances beyond Contractor's control if such
circumstance will cause the Contractor to suffer substantial financial hardship if Contractor is
required to continue the Work; or (3) Owner's failure to demonstrate Owner's ability to pay
Contractor for the Work remaining to be perfonned by Contractor. Any suspension of Work
under this Agreement will also suspend the Contract Time and completion dates set forth herein.
Contractor shall have the right to terminate the Agreement for any suspension of Work of thirty
(30) days or more caused by Owner.

Page S of 14
Exhibit 1
18. Defects. In the event Owner makes final payment under this Agreement, Owner waives
any claim that it may have against Contractor for damages from defects that are known to Owner
or apparent from reasonable inspection at the time final payment is made.

19. Indemnification. Owner hereby acknowledges and agrees that the Work site is an
ongoing construction zone with all the associated hazards common to such construction zones.
Accordingly, Owner agrees to use the utmost care when Owner is on or about the Work site, and
Owner agrees to inform any of Owner's guests or invitees who may visit the Work site of the
potential hazards. Owner further agrees to indemnify and hold harmless Contractor, its officers,
directors, representatives, agents and employees from and against any and all claims. causes of
action or suits for personal injury or property damage that Owner and/or Owner's guests or
invitees may directly or indirectly sustain. suffer or incur when on or about the Work Site, unless
such injury or damage is directly caused by the negligence of Contractor or its employees.

~O. Limitation of Liability. NO ACTION ARISING FROM OR RELATED TO THE
AGREEMENT, OR THE PERFORMANCE THEREOF, SHALL BE COMMENCED BY
EITHER PARTY AGAINST THE OTHER MORE THAN ONE (1) YEAR AFTER THE
COMPLETION OR CESSATION OF WORK. TO THE FULLEST EXTENT PERMITTED BY
LAW, AND NOT WITHSTANDING ANY OTHER PROVISION OF TIBS AGREEMENT TO
THE CONTRARY. CONTRACTOR'S TOTAL LIABILITY TO OWNER AND ANYONE
CLAIMING BY OR THROUGH THE OWNER, FOR ANY AND ALL CLAIMS. LOSSES,
COSTS ORDAMAGES,INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES
AND COSTS AND EXPERT-WilNESS FEES AND COSTS OF ANY NATURE
WHATSOEVER. WHETHER ARISING FROM BREACH OF CONTRACT, NEGLIGENCE,
OR OTHER COMMON LAW OR STATUTORY THEORY OF RECOVERY, SHALL NOT
EXCEED THE CONTRACT PRICE. IT IS INTENDED THAT THIS LIMITATION APPLY
TO ANY AND ALL LIABILITY OR CAUSE OF ACTION HOWEVER ALLEGED OR
ARISING, UNLESS OTHERWISE PROHIBITED BYLAW, INCLUDING, BUT NOT
LIMITED TO NEGLIGENCE, BREACH OF CONTRACT, OR ANY OTHER CLAIM
WHETHER IN TORT. CONTRACT OR EQUITY.

THE PARTIES AGREE IBAT TillS LIMTT ON LIABILITY HAS BEEN SPECIFICALLY
NEGOTIATED AND AGREED TO, AND THAT THEY EACH HAVE HAD AN
OPPORTIJNITY TO ACCEPT. REJECT OR MODIFY IT. AS EVIDENCED BY THE
PARTIES INITIALS BELOW:

Initialed by Ovmer

LIMITATfONS ON LIABILITY. WAIVERS AND INDEMNITIES IN THIS AGREEMENT
ARE BUSINESS UNDERSTANDINGS BETWEEN THE PARTIES AND SHALL APPLY TO
ALL LEGAL THEORIES OF RECOVERY, INCLUDING BREACH OF CONTRACT OR
WARRANTY, BREACH OF FIDUCIARY DUTY. TORT (INCLUDING NEGLIGENCE).
STRICT OR STATUTORY LIABILITY. OR ANY OTHER CAUSE OF ACTION. THE
PARTIES ALSO AGREE THAT THE OWNER WILL NOT SEEK DAMAGES IN EXCESS

Page 6 of 14

Exhibit 1
OF THE CONTRACTUALLY AGREED-UPON LIMITATIONS DIRECTLY OR
fNDIRECTLY THROUGH SUITS OR PROCEEDINGS AGAINST OTHER PARTIES WHO
MAY JOIN CONTRACTOR AS A IBIRD-PARTY DEFENDANT, INCLUDING WI1HOUT
LIMITATION, EMPLOYEES, SUBCONTRACTORS AND SUBCONSULT ANTS.

21. Signs; Images. Contractor may display its logos and signage at the Work site until
completion of the Work. All such signage will comply with applicable law. Contractor may
photograph the Work and use and publish those images, included edited and altered images, for
promotional purposes in electronic and print formats.

22. Attorneys' Fees. If the parties become involved in litigation or arbitration arising out of
this contract or the performance thereof, the court or arbitrator shall award reasonable costs and
expenses, including attorney fees, to the prevailing party.

23. Notices. Any notice required or permjtted to be given hereunder shall be in writing and
shall be deemed given: (a) on the date delivered personally, or (b) three (3) business days after
deposited w ith the United States Postal Service, postage prepaid, registered, or certified, return
receipt requested, (c) on the first business day after deposited with a national courier
guaranteeing overnight delivery, or (d) on the date of delivery if delivered by electronic mail or
facsimile; provided that delivery after 5:00 P.M. on any business day in the location of the
recipient shall be deemed to be on the following business day. "Business day" shall mean any
day other than a Saturday, Sunday or bank holiday in the state where the Work is located.

24. Waiver. No waiver of any provision of this Agreement by either party hereto shall (i) be
effective unless executed in writing, or (ii) constitute a waiver of any other provision hereof.

25. Severability. Each term or provision of this Agreement shall be valid and enforceable to
the full extent permitted by law. Should any term or provision in this Agreement be held invalid,
illegal or unenforceable, the remainder of this Agreement, including the application of such term
to the extent not invalid, illegal or unenforceable, shall not be affected thereby and this
Agreement shall be interpreted as if such term or provision, to the extent invalid, illegal or
unenforceable, did not exist.

26. Complete Agreement. This Agreement constitutes the full and complete understanding
between the parties hereto with respect to the subject matter hereof, and supersedes all prior
agreements, arrangements and understandings, oral or written, between the parties hereto with
respect to the subject matter hereof.

27. Governing Law. This Agreement shall be governed by the laws of the State of
California. In the event that any arbitration or court proceedings are commenced, such actions
shall be brought and maintained in the County of Santa Barbara.

28. Statutory Notices. The following notices are required by California law.

a. NOTICE. The owner or tenant in a home improvement contract has the right to
require the contractor to have a performance and payment bond. (If a bond is

Page 7 of 14
Exhibit 1
demanded and the contractor is unwilling to provide it, then the contractor may
decline to enter into the contract.)

b. Note About Extra Work and Change Orders. Extra Work and Change Orders
become part of the contract once the order is prepared in writing and signed by the
parties prior to the commencement of any work covered by the new change order.
Extra work or a change order is not enforceable against a buyer unless the order
describes the scope of the extra work or change, the cost to be added or subtracted
from the contract, and the effect the order will have on the schedule of progress
payments.

c. Commercial general liability (CGL) insurance. This contractor carries commercial
general liability (CGL) insurance written by Kinsale Insurance Company. You may
caU the insurance company at (805) 879-9542 to check the contractor's insurance
coverage.

d. Workers' compensation insurance. This contractor carries workers' compensation
insurance for all employees.

e. Information about the Contractors State License Board (CSLB):

CSLB is the state consumer protection agency that licenses and regulates construction
contractors. Contact CSLB for information about the licensed contractor you are
considering, including information about disclosable complaints, disciplinary actions,
and civil judgments that are reported to CSLB. Use only licensed contractors. If you
file a complaint against a licensed contractor within the legal deadline (usually 4
years), CSLB has authority to investigate the complaint. If you use an unlicensed
contractor, CSLB may not be able to help you resolve your complaint. Your only
remedy may be in civil court, and you may be liable for damages arising out of any
injuries to the unlicensed contractor or the unlicensed contractor's employees.

For more information:

Visit the CSLB website at http://www.cslb.ca.goY.
Call CSLB at (800) 321-CSLB (2752).
Write CSLB at P.O. Box 26000. Sacramento. CA 95826.

f. MECHANICS LIEN WARNING:

Anyone who helps improve your property, but who is not paid, may record what is
called a mechanics lien on your property. A mechanics lien is a claim, like a
mortgage or home equity loan, made against your property and recorded with the
county recorder.

[Signatures appear on following pageJ

Page 8 of 14
Exhibit 1
~ The law requires that the contractor give you a notice explaining your right to
~ n c e l . Initial the checkbox if the contractor bas given you a 'Notice of the Three-
Day Right to Cancel (attached as Exhibit C).

Contractor:
Owner:~

BY: .
fition
Clearview Property Services, Inc.,
a Califomi/
/
Signature:;>

Name Printed:~ ¼-)p;i:11 j }(

, Christ6pheHulme, President

G:\24026\000 I\DOCSILC8007.DOC

Page 9 of 14

Exhibit 1
Exhibit A

Scope of Work

[see attached Proposal #3366]

Page 10 of 14
Exhibit 1
Exhibit B

Change Order Form

[see attached]

Page 11 of 14
Exhibit 1
E ·hihit

Th · e-nay Ri~ht to ancd
( ' h,il ;ode §1'189.7(u)(4); Rusio.:s-. and Profo:-sion od '7159( ·) )(8))

You. the bu~ r. ha,·· the ri~bt to cunccl this confl•tu,t vithin 3 hu,.in s d p. You m·)
tnntel h. · ..--m 1ilin~. mailin •, fa\.in~. or dclivcrin~ a"' rith:n notice to the contractor at the
contractor'-. pfut • of bu inc-. h. rnidnittht of the third bu,in '!-.s d ~ 11lcr) ou rccch d·
i~o«:d aud dat •d copy of lhc contruct tlrn~ inrludcs fhi noiic . I ndudc . ·our n· me.,) our
athlrl''I, and lb dah: you r ·cd l'll the . i~ncd copy llf ttu.· contruct and thi, not kc.

If ou t·ancl'I, fht· contnH·tor mu t return to )OU nn)thin~ . ou J>ltid, ithin 10 dil) of
receiving the notic of cancellation. For )our 1rnrt, )OU mu:t m. kc 11 ·ullahl to the
contrac1nr t) our rcshJcncc. in . uh t.mthtll) u, ~ood r ndition n, }·nu r ch: d it, an)
J.!n on hm to t·t•turn Ou: AOod · at Cht ontr.i ·wr• ..· pen,,; nd
re k. 1r~'OU do makl' the good availHhlc to thl' l'Onlructor :md the tontractor doc not pitk
thl'm up ~ ithin 20 da)' of the datl' of) our noticl' of canctll tion •. ou nua~ kc ·p them
wiChour an_y rurrbc•r oblig. tion. If you t'uil lo make thl' goods ,nailahlc.• r th contractor, or
if you ngrl>e tor turn the wwd to the contr~lctor :md fail to do , o. Chen you remain liabl
fo,· pcrfo1'rttunc of all ohligutiom. unde1• the contritcf.

l>aktl ~ ,\ac\1
·na when 11,e c·omra,·t is 1ign<'d.

Pag.eI 2 ofI➔

Exhibit 1
Exhibit D-1

Notice of Cancellation (3-Day)

Date: June 28, 2019

You may cancel this transaction, without any penalty or obligation, within 3 business days
from the above date.

If you cancel, any p.-operty traded in, any payments made by you under the contract or
sale, and any negotiable instrument executed by you will be returned within 10 days
following receipt by the seller of your cancellation notice, and any security interest arising
out of the transaction will be canceled.

If you cancel, you must make available to the seller at your residence, in substantially as
good condition as when received, any good~ delivered to you under this contract or sale, or
you may, if you wi.sh, comply with the instructions of the seller regarding the return
shipment of the goods at the seller's expense and risk.

If you do make the goods available to the seller and the seller does not pick them up within
20 days of the date of your notice of cancellation, you may retain or dispose of the goods
without any further obligation. If you fail to make the goods available to the seller, or if you
agree to return the goods to the seller and fail to do so, then you remain liable for
performance of all obligations under the contract.

To cancel this transaction, mail or deliver a signed and dated copy of this cancellation
notice, or any other written notice, or send a telegram to Clearview Property Services, Inc.,
at PO Box 61707, Santa Barbara, CA 93160, not later than midnight of July 3, 2019 .

I hereby cancel this transaction.

Date:
---------- Signaturei
Name:
- - -- - - - - - - - - - -,

Page 13 of 14
Exhibit 1
Exhibit D-2

Notice of Cancellation (3-Day)

Date: June 28, 2019

You may cancel this transaction, without any penalty or obligation, within 3 business days
from the above date.

If you cancel, any property traded in, any payments made by you under the contract or
sale, and any negotiable instrument executed by you will be returned within 10 days
following receipt by the seller of your cancellation notice, and any security interest arising
out of the transaction will be canceled.

If you cancel, you must make available to the seller at your 1·esidence, in substantially as
good condition as when received, any goods delivered to you under this contract or sale, or
you may, if you wish, comply with the instructions of the seller regarding the return
shipment of the goods at the seller's expense and risk.

I hereby cancel this transaction.

Date: Signature: __

Case Info

Judge

Rigali, James F Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

December 22, 2022

Case Filing Date

June 08, 2021

County

Parties

Clearview Property Services Inc Defendant
Clearview Property Services Inc Defendant
Dyriam, Sita Attorney for the Defendant
Dyriam, S Joanna Attorney for the Defendant
Fix, Sheila E Attorney for the Defendant
Hulme, Christopher Defendant
Hulme, Christopher Defendant
Kopitnik, Thomas Plaintiff
Kopitnik, Thomas Plaintiff
Mardyrosian, Linet Attorney for the Defendant
Mason, Andrew B Attorney for the Plaintiff
Mason, Andrew B Attorney for the Plaintiff
Jason Anderson Attorneys for Plaintiffs
Sheila Schaefer Attorneys for Defendants
Robert Amundson Attorneys for Defendants

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Document for Thomas Kopitnik vs Christopher Hulme et al

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