Preview
Edward McCutchan (SBN 119376)
SUNDKRLAND i
McCUTCHAN, LLP
1083 Vine Street, Suite 907
3 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
JACINDA DUVAL SUED AS DOE 7
BILL HING SUED AS DOE 8
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, DECLARATION OF EDWARD
McCUTCHAN IN OPPOSITION
vs. TO PLAINTIFF RICHARD ABEL'S
MOTION TO COMPEL JAMES NORD'S
17 FURTHER RESPONSES TO SPECIAL
B. EDWARD McCUTCHAN, JR., an INTERROGATORIES AND FOR
18 individual; SUNDERLAND ~
McCUTCHAN, SANCTIONS (MOTION DATED
LLP, a general partnership; and DOES I 9/15/2022)
19
through 100, inclusive. Date: March 8, 2022
20 Time: 3:00 p.m.
Defendants. Dept. 18
21
Trial: March 10,2023
22 The Honorable Christopher Honigsberg
23
I, Edward McCutchan, declare that:
25 l. Iam an attorney duly licensed to practice law in the State of California. I am a
partner with the law offices of Sunderland ~
McCutchan, LLP, and am one of the attorneys for
27
DOE defendant Jim Nord in this action. If called as a witness, I am competent to testify to
28
DECLARATION OF EDWARD iilcCUTCHAN liV OPPOSITION To PLAIVi TIFF RICHARD AREL'S ialoTloiV To CoislPEL
JARIES VioRD'S FURTHER RESPoiVSES To SPECIAL INTERROGATORIES AND FOR SAiVCTIoiVS (SIOTIoiV DATED
9/IS/2022)
I
the following facts.
2
2. Attached hereto as Exhibit "A" is a true and correct copy of December 14, 2022
3
letter signed by me and addressed to plaintiff in propria person Richard Abel at his last known
4
address in this action, postage pre-paid, and deposited in a United States postal box the same
day. This December 14, 2022 mailing as of the date of this declaration has not been returned to
me.
8
3. The mailing of Exhibit "A" was done as a good faith attempt by Jim Nord to
9
resolve his continued March 8, 2022 discoveiy motion against Richard Abel. It is believed that
10
Richard Abel is holding back detrimental documents to his claims in his first amended complaint
12 such as the spread sheet referenced in his September 16, 2012 email to the Liebling plaintiffs as
13
the liaison between them and Sunderland ~
McCutchan, LLP and Richard Abel's claims in his
14
two discovery motions against Jim Nord.
15
4. The December 14, 2022 letter to Richard Abel designated as Exhibit "A" hereto
16
I7 specifically referenced his purposeful disregard of court orders to pay three monetary sanction
orders in this action, his "unclean hands" in seeking relief before this court in any matters, and
19
cited case law.
20
5. As of the date of this declaration, I have had no response from Richard Abel to
21
my December 14, 2022 letter to him.
23 6. My normal hourly rate as a licensed California attorney is $ 425.00 per hour. I
have incurred 3.7 hours in preparing Jim Nord's opposition to this March 8, 2023 discovery
25
motion by Richard Abel against Jim Nord.
26
7. I anticipate that I will incur 1.7 hours in reviewing any reply by Richard Abel to this
27
20 opposition and .70 hours in reviewing the tentative ruling on this motion and appearing at any
DECLARATION OF EDWARD NfcCUTCHAN IViOPPOSITIoiV To PLAliVTIFF RICHARD ABEL'S iSIOTION To CoiFIPEL
JAXIES iVORD'S I'URTHER RESPoiVSES To SPECIAL INTERROGATORIES AViD FOR SAiVCI'IoiVS (iXIOTIoiV DATED
9/15/2022)
2
oral argument if Richard Abel does not drop this March 8, 2023 motion that he dated September
2
5, 2022 from calendar for a total of 6.1 hours.
3
8. Total actual and anticipated hours in opposing this motion at $ 425.00 per hour is
$ 2,592.50 (6.1 hours multiplied by $ 425.00 per hour) which is requested against Richard Abel if
he does not drop this motion from calendar thirty (30) days before March 8, 2023. Should he do
so, Jim Nord will not be requesting monetary sanctions against him. If Richard Abel does not
8
drop this March 8, 2023 motion that he dated September 5, 2022 from calendar thirty (30) days
9
before March 8, 2023, Dale Davis requests the $ 2,592.50 amount against Richard Abel payable
10
within twenty (20) days after notice of the order after hearing.
12 I declare under the penalty of perjury under the laws of the State of California that the
13
above is true and correct to the best of my knowledge and belief.
14
Date: Decemberl, 2022
15
16
17 Edward McCutchafi
Attorney for Defendants DALE DAVIS sued as
18 DOE 4, JAMES NORD aka JIM NORD as an
individual and on behalf of the Patrick Trust and
19
Mein Trust sued as DOE 5, JACINDA DUVAL
20 SUED AS DOE 7, BILL HING SUED AS DOE 8,
LENORA VERNE PUNG SUED AS DOE 9,
21 JUSTIN POENG SUED AS DOE 11, MATTHEW
22
ZDANEK SUED AS DOE 16
23
25
26
28
DECLARATIoiV OF EDIVARD srcCUTCHAN IN OPPOSITION To PLAINTIFF RICHARD AREL'S NIOTION To CoirlPEL
JAiFIES iVORD'S FURTHER RESPONSES To SPECIAL livf ERROGATORIES AND FOR SANCTIoiVS (isIOTION DATED
9/15/2022)
3
CiC
SUNDERLAND I MCCUYCHANB LLP
SAII DIEGO HIEIIOSBUEG
1083 VINE SBBEEr S78. 907
HESEOSBUEG, CA 93448
PIIONEI (707) 433-0377
IIAX: (707) 433-0379
December 14, 2022
Richard Abel
707 Hahman Drive, ¹9301
Santa Rosa, CA 95405-9301
Re: Abel v, McCutchan. et al,
Sonoma County Superior Couit Case No„'CV-263456
RESPONSE TO RICHARD ABEL'S OCTOBER 29, 2022 LETTER
CONCERNING JIM NORD'S MARCH 8I 2022 MOTION TO COMPEL
DSCOVERY AND RICHARD ABEL'S TWO MARCH 8, 2022 DISCOVEIRY
MOTIONS AGAINST JIM NORD
Dear Mr. Abel:
This letter is in response to your. October 29, 2022 letter attached as Exhibit "1" with
respect Jim Nord's discoveiy motion against you now set for March 8, 2023 where
discovery referee, Victor Thuesen, has been appointed by the court as to these discovery
motions.
Document Production Owed Jim Nord
As to the documents requested to be produced by you (requests 1, 2, 3, and 4), your
October 29, 2022 letter states that such "[djocuments were already produced to you."
If such is your position as to Jim Nord's document requests upon you that are now the
subject of his March 8, 2023 discoveiy motion, then any claims by you for documents as
to Jim Nord and Dale Davis (your discovery motion against Dale Davis is March 8, 2023)
is moot because the entirety of the Lieblina v, Goodrich file was produced by Sunderland
)
McCutchan LLP through Galloway, Lucchese, Everson & Picchi as stated in the
February 11, 2021 filed order in this action signed by the Honorable Jermifer Dollard,
Attached as Exhibit "2" is your Januaiy 28, 2013 email to plaintiffs and former plaintiffs
in the Liebling action Ivlii0)1 )Uris first proiInced by you at your October 17, 2022
deposition (which has not been concluded) as document 13ate stamped '0315 and 0316,
Neither I, nor my office, ever received Exhibit "2" attached to this letter until October 17,
2022. Your January 28, 2013 does not have any email of any member of Sunderland ~
McCutchan, LLP within showing that you clearlywntended to keep what is contained in'
Richard Abel
Re; Abel v, McCutchan. etal,
December 14, 2022
Page 2 of 3
your email to the plaintiffs and former plaintiffs in the Liebling action from Sunderland )
McCutchan, LLP as to your desired "assignments."
You have produced in discovery pre-printed "7/31/2012" assigmnents of alleged former
Liebling plaintiffs that are not notarized. However, many of these former Liebling
plaintiffs have their emails listed in your January 28, 2013 email attached as Exhibit "1"
showing that you back dated your "7/31/2012" assignments of alleged former Liebling
plaintiffs that are not notarized,
Attached as Exhibit "3" to this letter is your September 16, 2012 email to the Liebling
plaintiffs referencing my September 14, 2012 weekly status letter also attached to this
letter and referencing a spreadsheet of the remaining plaintiffs in the Liebling action and
the new percentages where your email states, "37 plaintiffs have 'opted-out'nd have
been dismissed."
You need to provide this spreadsheet to Jim Nord's discovety request to you in that such
can prove that your claimed assignments of former Liebling plaintiffs are fabricated,
You held back on producing the January 28, 2013 email which most likely was
erroneously produced at your October 17, 2022 and October 18, 2022 deposition which
has not been concluded. Such conduct leads me to believe that you have other documents
responsive to Jim Nord's discovery request to you, Your claimed assigmnents
if legitimately received before any of the former Liebling plaintiffs were dismissed as
they requested do not just appear without any foundational emails, notes, or letters.
Judicial Council Form Interrogatory Answers 2.7, 6.4, 7,1, 9.1& 9.2
and 17.1 owed Jim Nord bv Richard Abel
You are claiming emotional distress in this action, As such, you have opened up your medical.
records to discovery. You are required to give Jim Nord the name, address, and telephone number
of the physician(s) you have seen as a matter of law.
The above interrogatories have been approved long ago by California's Judicial Council
and approved by California's courts. Judicial Council Form Interrogatory answers 2.7,
6,4, 7,1, 9.1, 9.2 and 17.1 owed Jim Nord by you are not "unintelligible" as you claim in
your October 29, 2022 letter.,
Your March 8. 2022 Biscoverv Motions aaainst Jim Nord
Jim Nord's discove&y responses which are the basis of your two March 8, 2022 discovery
motions are code compliant,
Richard Abel
Re; Abel v, McCutchan. etal,
December 14, 2022
Page 3 of 3
You have failed to pay three sanction orders assessed against you in this matter where
Dale Davis has recently served and filed a motion against you for failing to pay him the
$ 460.00 per the September 19, 2022 filed order in this action,
You have unclean hands to bring your March 8, 2023 discovery motions against Jim
Nord and Dale Davis in this action.
The funclean hands] doctrine demands that a plaintiff act fairly in the matter for which he
seeks a remedy. He must come into court with clean hands, and keep them clean, or he
will be denied relief, regardless of the merits of his claim." (Kendall-Jackson Wineiz.
Ltd, v, Sunerior Court (1999) 76 Cal. App. 4ia 970, 978).
All courts have the power to compel obedience to its judgments, orders, or process, "and
must necessarily have it; otherwise, they could not protect themselves from insult, or
enforce obedience to their process. Without it they would be entirely powerless."
(Securitv Trust EcSavinas Bank v, Southern Pac, R, Co, (1935) 6 Cal. App. 2d 585, 589).
There are two Motions of summary judgment or in the alternative, summary adjudication against
you set for May 3, 2023 in this action.
I request that you comply with the discovery owed Jim Nord and drop your discovery motions set
for March 8, 2023 against lun before he incurs more attorney's fees that he will ask the court to
assess against you.
cc; JimNord
Alex Promm
Nansi Weil
EXHlBIT "1"
Richard Abel
707 Hahman Drive, No, 9301
Santa Rosa, CA 95405
Teh (707) 340-3894
K-mail: pererel@smait,corn
October 29, 2022
B, Bdward McCutclia, Junior
Sunderland & McCutchan, Inc,
c/o The UPS Stoic
1083 Vine Street, FMB 907
kiealdsbuvg, CA 9S448
Re; Abel v, McCutchan Jv. el.al.
Sonoma County Supeiior Court Case No. SCV-363456
RICIIARD ABEL'S SECOND RKI'ONSK TO JIM NORD'S
POCUMKNT PRODUCTION AND I'ORM INTERROGATORIES
Dear. Mr, MoCutchan
This letter is in response to your October 19, 2022 letter where you are complaining about my second
responses to Jim Nord's first set of document production and form interrogatories that were served on
October 7, 2022 to you. My objections to Jim Nord's special inteirogatories are valid, so those
responses will not be amended,
The second responses are not deficient", and your letter provided no reasons why they me "deficient."
OCTOBEiR 7, 2022 SEiRUEiD SEiCOND REiPONSKi, TO
JliYI NORD'S RKOUKSTS lvOR PRODUCTION OI'OCUMENTS
Reauest No. 1,
Documents weve already produced to you, See Bates 0001 to 1114,
Reauest No, 2,
Documents were already produced to you, See Bates 0001 to 1114,
lie& uuestNo. 3,
Your explanation ls unintelligible, Documents were alremly produced to you, See Bates 0001
to 1114.
Heauest No, 4,
IJocuments were already produced to you, Sce Bates 0001 to 1114.
'B, Edward McCutchan Jn
Re: Abel v, ivfcCutchan, et,al.
October 29, 2022
F~ae 2
OCTOBER 7, 2022 SERVED SECOND REPONSE TO JIM NORD'S
FIRST SET OP FORM INTERROGATORIES
Form Interrouatory 2.7,
All available information was provided to you, The response was code-compliant, You are now
being harassing, This was a long time ago, over forty (40) yeats, It's not relevant,
Pornl Ii~lterro atcrv 6A.
All available information was provided to you, I don't recall the niune of the doctoi that I saiv.
That was quito a long time ago. The response was code-compliant, You are now being harassil'ig.
Porm Interronator v 7,1,
Your explanation is unintelligible, The second answers are the same as the first answers,
Fol'ill InterronatorY 9, 1,
Your explanation is unintelligible, The second answers are the same as the first answers,
Form Interrogatorv 9.2,
Your explanation is unintelligible, The second answers are the sanie as (he first iuiswers,
Form Interronatorv 17,1,
Youi explanation is unintelligible. Docunients were already produced to you, See Bates 0001
to 1114, The witness nrunes are your employees ruiil your clients, You don't know the addresses of
your oivn eniployees and clients7 Sori'y, but I do not have a cuirent list,
You were supposed to meet iuid confer MFOJt L&'ou filed your motion. Since you didn't do
that, your motion to conipel will be denied,
Richard Abel
CC
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GJ&8il Rlohard Abel &PfrJIre'J'tgJItmalldoom&
Usnlfsn v. Ooodrloli ~ yysskly Undsls
Rlsrdrd As i s « ioossii. Rd Mon, Jan 26, 2013 al 6i21 PM
Ooi dcllyot(ayobotniatf,oom, EAlblrifoaol,corn, wlldtrcut@comcast,nel, RANDY BAILEY &randyballey@comcast,nst&,
Gene 13arnss &blggsno tosbcglobal,noi&, OnDBarnssoaol,ccm, planlguyesonlo.nsl, sllsnn boyle
&lsegboytpohotmall,corn&, Jaclt Oleary &vbarovlneeoomoasl,nel&, henry &hsniyorlgteregnlatl,cont&,
daledavlspbrkfgygmafl,oom, Gary DeZorzt &gdezrgillve.corn&, Jaolndaduvaloyahoo,corn, lynmarJbQsonfcinet,
wlndowgerlnotoPsQoomoasl,nel, Craig Gregory &bsattnolosboglobal,nsl&, danttlghtoweroodfohmatf,nnt,
Jdanhtgittowerlgyginatt.corn, Bill ong Hing &bh(ng@ucdavls,edu&, Gordon Hogland &ghcgtaitrtJNJysbplspc,oom&, GARY
HQLBROOI( &gwholbrookosboglohal,nsl&, Pam Lane &llane66oaol,corn&, hlaphalndpmcnttor net,
faisonfarmlalymalf.coin, hy Llebllng &hyJunelalncntc,nst&, Vred Mann &doirsdsoelyahoo;oom&, So'bit Page
&opagblclpaobe)l,net&, eve.santlnt@obogtobsl,not, superJposngogmall,corn, rlololl@gmall.oom, The Ripple
&therlpplsfamtfyiulyahoo,corn&, Iniolayscnctnatlnks,ocnh Robert sohr &rsohrisyholmall,crim&, Mark Sohulle
&marks810oatLnst&, Ghad Ssbranek &chads ptacsradmsn.corn&, Richard Severssn &rx2snllisigmatt,coih&,
rxksallocomoast;nel, Llridy Slnolalr &tlndyothidyslnctnlr.corn&, eandosmlth@iearttillnk.conh wnplrlodol,oom,
dnstswart204ogiuatt,cern, Jeanne &r3tfordeyahoo,corn&, I(elly Townsend &towitnsnd,ttellyloomoast,nst&,
ksltowndPprodlgy,not, Jcliytllyosonto,net, Nansl Welt &nlwslliglocmonnl,net&, troy wlnslow &lroywtnstowohotmatl,corn&,
RLoulse J; Bglles &IJbetlootet tres@gmatl,oom&, weoareisysbgtobat,nel, matlhsw zdanek &maltzdaohotmall,corn&, Vtto
Lovero &vlovsroosbcglobal,nel&, r,strtokleroatt,net, Jerry slriokler &Jsrrystrtcklerlalatt,net&,
Jor/y.stitoklsrlaiworldneLatLnet, Linda Slrlokler &linda,slrlckler alLnet&, D'smile Oordellos &dsnnlscordstlpsrslgmall,oom&,
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Nnpdlrusttgdaol,corn
Ra'I"/tsslgltmsnts
'5ils,gollon Ip,nearing a oonnluslon, li you oan bnlleve Il, I Intend Io ky lo oollscl an my olnlm,
Ido nol tssl Ihal Sunderland Mcculchan would be Ihe rightoholoe lo do oollsollon work, I think
we'woqfd bs better served to use a cclleolton agency and/or auornsy thai specializes In ootlscllons,
'fhls will lake time and energy, but I realize that many In the group want nothing moro lo do wllh ibis,
lt thetis the'oade'1hlll ask thai ydu assign your olalm, and I will liy lo ccllsol li,
There will be a prove up hearing somsllme In the near lulure, Whore ws must make a deolarallon lo
the Judge lor ihe amount ot lhe loss, You can do this loo, and (here will be Inslruollcne oomlng Irom
Mr, Moculohan. You oan stay In the case, and oontlnue lo pursue your clafm Just as I am.
On ihs olher hand, II you are truly done, then please provtde me with the dollar amount ol
your prlnolpal loss, and I will do IVor you I'J rr I,
'r
There Is a space lo IIII ln tho 4 amount on Ihe attached form, Please sign II and return It lo ms.
Should you have any questions, Il would be belier to call ms perhaps, rather that write a lol of e-mails,I
Richard Abel
707 637-8286
2 attachments
asslgnrnent,pdl
@ 101(
assignment,doc
~
iin
12I(
bs&6
oi' 3/I I /2II20, '/lo I PM
Assignment of Interest
For good and valuable consideration, the receipt of which Is hereby
acknowledged, the undersigned party hereby grants, transfers,'assigns, and
sets aver unto Rlohard Abel and/ar his assignees, all of Its right, title, beneficial
Interest, and chose in action, In and arising from that certain action In Sonorna
COunty SuperlOr Court OaSe nO, SGV-24578S, Liebling Ir,GOOdrlch, tOgether With
all of its rights, title, and Interest ln and to the Promissory Note(s) therein related
to, and referred ta in the action, the money due and to become due thereon with
Interest, and all rights accrued or to accrue under said Pramlsscry Note,
The prlnaipal amount of my claim arising from the aatlon Identified abave,
which Iam assigning ls;
Dated this
X
By; (sign)
X
By, (sign)
Print names;
CC
Y
I'
12/14/22, 11:11 AM Email. Abel.Percentages.09.16.12.him
From: Richard Abel [perere 1 gmail,corn]
Sent: Sunday, September 16, 2012 2:36 PM
To: Kathy Dahl
Cc: dollyokay@hotmail,corn; EAlbini@aoLcom; wildtroutlcomcast.net; Gene Barnes; CnDBarnes@aol.corn;
plantguy sonic,net,'ileen bayle; Jack Cleaiy; henry,'aledavisperk@gmail.corn; Gary DeZorzi;
jacindaduval@yahoo,corn; Iynmarie sonic,net; windowperfectops@comcast.net; beatinoi@sbcglobaLnet;
danhightower dishmaiLnet; Hing, Bill; ghoglandlpeoplepc,corn; Gary Holbrook; Pam Lane;
hlaphamlmonitor,net; larsonfaim@ymaiLcom; hy Liebling; Vito Lovero; Napattust aol,corn; Leslie Stanton;
Fred Mann; pmarshal14191876 aoLcom; scott page; eve-santini@sbcglobal.net; superjpoenglgmail.corn;
ricioli gmaiLcom; The Ripple; Mark Schulte; Robert Sohr; chads~lacegmsn,corn; info sonomalhiks.corn;
rx2saii comcast.net; Lindy Sinclair; Sandy & Ed Smith; wspirilaol.corn; dnstewart204 gmail,corn;
r.strickler@att,net; Jeny Strickler; Jeanne; keltownwprodigy,net; jviolin sonic,net; Nansi Weil; troy winslow;
Louise J. Belle; matthew zdanek; Cheryl Bowman; Edward McCutchan; Richard Seversen; Larson, Vernon;
j danhightowerlgmai1. corn
Subject: Re; Liebling v, Goodrich - Weekly Update
Attachments: Remaining Malibu Investors - and New Percentages.pdf
According to this weekly report, 37 plaintiffs have "opted -outa and have been dismissed,
Attached is a spreadsheet of the persons remaining in the case, and the new percentages, If your name is listed
on this spreadsheet, and you really wanted to be dismissed and be aout", then contact the office of
Sunderalnd/McCutchan with your request to be dismissed.
If you see any other error in the spreadsheet, please let me know so it can be corrected,
On Fri, Sep 14, 2012 at 5:09 PM, Kathy Dahl (kdahi(rrsunmclaw.corn& wrote'.
Attached is the September 14, 2012 weekly update.
Please let us know If you have any questions. Thank you.
Kathy Dahl
SUNDERLAND i
McCUTCHAN, LLP
412 Aviation Boulevard, Suite D
Santa Rosa, CA 05403
Tet:,(~70 ) 284-5524
Fax:,(707) 284-5527
Conf ldenllal Prlvllsgad Ccmmunlcallcn
I
lde://srcavel1/clienls/Abel v. Sunderland Mcoulchan/Abel v. Suaderland.Mcculchan, LLP/EXPERT/Email.Abel. Percentages.09.1042.him 1/2
SUNDvm:&+D l McCUYcHAN. z,Lp
Ssa oksvv SIVIT4 ROSA
412 R9umokk Bcvk.RVNIO, Svns D
SSN74 Ros* C4kISORkIVI 95403
PacN 0: (707) 204-5524
B42: 1707) 28 I-5527
September 14, 2012
PRIVILEGED ATTORNEY-CLIDINT COMMUNICATION
Sent via email onlv
WEEKLY UPDATED STATUS REPORT
Re'. Lieblina. et al. v. Charlene Goodrich. et al.
Dear Clients;
This letter shall seive as a weekly updated status report with regard to this matter,
1, We received the endorsed-filed copy of the request for dismissal of the
complamt for those clients who requested to opt out of tlds matter, The clients who are
dismissed are as follows',
Randy Bailey Bileen Boyle
John and Kathleen J,Cleary Dennis Cordellos
James T. and Prancine Deering Gary and Judith DeZoni
Suki Ferl Robert and Wendy Gilman
Craig Gregory Katbryn Gregory
Gordon Hogland Gary Holbrook
Pamela and Glen Lane Ronald P. and Rosemakp B, Lapham
Vito Lovero Fredric I. Rnd Kathekine Mann
Thomas B. and Pahdcia L Marshall Amy Marshbll
Jack and Virginia Miller Leslie StantorAVe'Care Animal Rescue
Charlie Ray Moore Bvelina Peidtore
Charlotte P itois Dennis snd Cathy Ripple
Mark Rudhger Leon and Dorothy Sanders
Mary Lou Schmidt Charles Sebranek
Lindy Sinclair Ryan Strickler
Jerry snd Linda M, Strickler Marvin and Beverly J. Taylor
Steve and Kelly Marie Tovmsend Greg ge Vernon
Carmen Violin Troy and Robhk Winslow
Louise Bscher York
2, ~i A "Notice of Bkrata" was&led for Walter Spiridonog who requested not
to be dismissed despite previously signing a request to "opt-out" from this matter,
Clients
Re.'ieblina. et al. v. Charlene Goodrich. et al.
September 14, 2012
Page 2 of 2
3, Other important dates in this matter are as follows',
9~rid 0 t 0 192012 t930 ..10D eettee tlt ht— ti f 3dd
on th'e Pleadings as io Peter Skaipias and John C&vtkshank,
Thursdav. March 28. 2012 at 9 «.m, in Deuartment 19 — Zettlen9ent Conference as
to all remaming plaintiffs and defendants,
Fridav. Auril 26. 2013 at 8:30 a,m. m Deuartment 18 — Trial Call as to all
remaining plaintiffs and defendants,
4, We would like to file a motion to terminate the auswei'f Robert
Zuckeiman to the Complaint for his refusal to comply with the Court's discovery order of
August I, 2012 and our current discovery which he has not ansvrered, please let me
know your thoughts on this as soon as possible.
5. For those of you who have not yet brought your account current, I request
that you please contact Cheryl Bowman of our San Diego Office,
Should you have any questions, do not hesitate to contact our office, Thank you.
Very truly yours,
0 d tt ~d,ddeCetg L
Bdward McCutch
BMC/kmd
cc'. Cheryl Bowman
PROOF OF SERVICE
(CCP sections 1011, 1012, 1012.5, 1013)
3 STATE OF CALIFORNIA )
) ss.
COUNTY OF SONOMA )
5
I am a citizen of the United States and a resident of the County aforesaid; I am over the age of 18
6 years and not a party to the within action; my business address is: 1083 Vine Street, Suite 907,
Healdsburg, California 95448.
7
On this date, December ~~2022, I served the within DECLARATION OF EDWARD
McCUTCHAN IN OPPOSITION TO PLAINTIFF RICHARD ABEL'S MOTION TO
COMPEL JAMES NORD'S FURTHER RESPONSES TO SPECIAL
INTERROGATORIES AND FOR SANCTIONS (MOTION DATED 9/15/2022) on the
10
interested parties in said action, including a true copy thereof, and served the same on the
parties/counsel addressed as follows:
12 PLEASE SEK 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,
whereby the mail is deposited in a U.S. mailbox in the City of Healdsburg,
California, after the close of the day's business.
Electronic Mail - I transmitted such documents(s) to the addressees at the below
E-Mail addresses:
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Facsimile - I transmitted such documents(s) to the addressee(s) at the following
19
facsimile number(s):
20
One Legal's electronic service program. Using One Legal's electronic
21 transmission program, a true and correct copy of the documents was served on all
counsel by e-mailing a copy to each addressee named below.
22
Personal Service - I caused to be delivered such envelope(s) to the addressee(s) at
23 the address(es) set forth below.
24
I declare under penalty of perjury that the foregoing is true and correct and this document
is executed at Healdsburg, California on December ~7, 2022.
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28 EDWARD McC CHAN
DECLARATIOVi OF EDIVARD ElcCUTCHAN liV OPPOSITIoiV To PLAINTII'F RICHARD AREL'S EIOTIOiV To CoillPEL
3AiFIES iVORD'S FURTHER RESPONSES To SPECIAL livf ERROGATORIES AViD FOR SANCTIONS (EIOTION DATED
9/15/2022)
4
SERVICE LIST
Abel v. McCutchan. et al.
Sonoma County Superior Court Case No. SCV-263456
Plaintiff in Pro Per: Richard Abel
6 Richard Abel USPS FIRST CLASS MAIL - ONLY
707 Hahman Drive, ¹9301
Santa Rosa, CA 95405-9301
8
Tel: (707) 340-3894
9 E-Mail: DererelSRDIaibcom
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Defendant in Pro Per: Nansi Weil
11
Nansi Ida Weil ELECTRONIC SERVICE - ONLY
434 Fifth Avenue, Apt. 1240
Pittsburg, PA 15219
E-Mail:nansiweil comcast.net
15
Attorneys for Defendants: Sunderland ~
McCutchan, Inc., Sunderland McCutchan, LLP,
~
B. Edward McCutchan, Jr.
17
18 Alexander D. Promm, Esq.
Joseph S. Picchi, Esq. ELECTRONIC MAIL - ONLY
19 Galloway, Lucchese, Everson 4 Picchi
A Professional Corporation
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2300 Contra Costa Blvd., Suite 350
Pleasant Hill, CA 94523-2398
21
Tel: (925) 930-9090
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Fax: (925) 930-9035
E-Mail: anrommQRlattvs.corn
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DECLARATION OF EDWARD SlcCUTCHAN IN OPPOSITIoiN To PLAIiNTII'li RICHARD AREL'S ialoTION To COSIPEL
JASIES NORD'S I'URTHER RESPoiNSES To SPECIAL liVIERROGATORIES AND FOR SAiNCTIoiNS (SIOTION DATED
9/I 5/2022)
I
Preview
Edward McCutchan (SBN 119376) SUNDKRLAND i McCUTCHAN, LLP 1083 Vine Street, Suite 907 3 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 JACINDA DUVAL SUED AS DOE 7 BILL HING SUED AS DOE 8 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, DECLARATION OF EDWARD McCUTCHAN IN OPPOSITION vs. TO PLAINTIFF RICHARD ABEL'S MOTION TO COMPEL JAMES NORD'S 17 FURTHER RESPONSES TO SPECIAL B. EDWARD McCUTCHAN, JR., an INTERROGATORIES AND FOR 18 individual; SUNDERLAND ~ McCUTCHAN, SANCTIONS (MOTION DATED LLP, a general partnership; and DOES I 9/15/2022) 19 through 100, inclusive. Date: March 8, 2022 20 Time: 3:00 p.m. Defendants. Dept. 18 21 Trial: March 10,2023 22 The Honorable Christopher Honigsberg 23 I, Edward McCutchan, declare that: 25 l. Iam an attorney duly licensed to practice law in the State of California. I am a partner with the law offices of Sunderland ~ McCutchan, LLP, and am one of the attorneys for 27 DOE defendant Jim Nord in this action. If called as a witness, I am competent to testify to 28 DECLARATION OF EDWARD iilcCUTCHAN liV OPPOSITION To PLAIVi TIFF RICHARD AREL'S ialoTloiV To CoislPEL JARIES VioRD'S FURTHER RESPoiVSES To SPECIAL INTERROGATORIES AND FOR SAiVCTIoiVS (SIOTIoiV DATED 9/IS/2022) I the following facts. 2 2. Attached hereto as Exhibit "A" is a true and correct copy of December 14, 2022 3 letter signed by me and addressed to plaintiff in propria person Richard Abel at his last known 4 address in this action, postage pre-paid, and deposited in a United States postal box the same day. This December 14, 2022 mailing as of the date of this declaration has not been returned to me. 8 3. The mailing of Exhibit "A" was done as a good faith attempt by Jim Nord to 9 resolve his continued March 8, 2022 discoveiy motion against Richard Abel. It is believed that 10 Richard Abel is holding back detrimental documents to his claims in his first amended complaint 12 such as the spread sheet referenced in his September 16, 2012 email to the Liebling plaintiffs as 13 the liaison between them and Sunderland ~ McCutchan, LLP and Richard Abel's claims in his 14 two discovery motions against Jim Nord. 15 4. The December 14, 2022 letter to Richard Abel designated as Exhibit "A" hereto 16 I7 specifically referenced his purposeful disregard of court orders to pay three monetary sanction orders in this action, his "unclean hands" in seeking relief before this court in any matters, and 19 cited case law. 20 5. As of the date of this declaration, I have had no response from Richard Abel to 21 my December 14, 2022 letter to him. 23 6. My normal hourly rate as a licensed California attorney is $ 425.00 per hour. I have incurred 3.7 hours in preparing Jim Nord's opposition to this March 8, 2023 discovery 25 motion by Richard Abel against Jim Nord. 26 7. I anticipate that I will incur 1.7 hours in reviewing any reply by Richard Abel to this 27 20 opposition and .70 hours in reviewing the tentative ruling on this motion and appearing at any DECLARATION OF EDWARD NfcCUTCHAN IViOPPOSITIoiV To PLAliVTIFF RICHARD ABEL'S iSIOTION To CoiFIPEL JAXIES iVORD'S I'URTHER RESPoiVSES To SPECIAL INTERROGATORIES AViD FOR SAiVCI'IoiVS (iXIOTIoiV DATED 9/15/2022) 2 oral argument if Richard Abel does not drop this March 8, 2023 motion that he dated September 2 5, 2022 from calendar for a total of 6.1 hours. 3 8. Total actual and anticipated hours in opposing this motion at $ 425.00 per hour is $ 2,592.50 (6.1 hours multiplied by $ 425.00 per hour) which is requested against Richard Abel if he does not drop this motion from calendar thirty (30) days before March 8, 2023. Should he do so, Jim Nord will not be requesting monetary sanctions against him. If Richard Abel does not 8 drop this March 8, 2023 motion that he dated September 5, 2022 from calendar thirty (30) days 9 before March 8, 2023, Dale Davis requests the $ 2,592.50 amount against Richard Abel payable 10 within twenty (20) days after notice of the order after hearing. 12 I declare under the penalty of perjury under the laws of the State of California that the 13 above is true and correct to the best of my knowledge and belief. 14 Date: Decemberl, 2022 15 16 17 Edward McCutchafi Attorney for Defendants DALE DAVIS sued as 18 DOE 4, JAMES NORD aka JIM NORD as an individual and on behalf of the Patrick Trust and 19 Mein Trust sued as DOE 5, JACINDA DUVAL 20 SUED AS DOE 7, BILL HING SUED AS DOE 8, LENORA VERNE PUNG SUED AS DOE 9, 21 JUSTIN POENG SUED AS DOE 11, MATTHEW 22 ZDANEK SUED AS DOE 16 23 25 26 28 DECLARATIoiV OF EDIVARD srcCUTCHAN IN OPPOSITION To PLAINTIFF RICHARD AREL'S NIOTION To CoirlPEL JAiFIES iVORD'S FURTHER RESPONSES To SPECIAL livf ERROGATORIES AND FOR SANCTIoiVS (isIOTION DATED 9/15/2022) 3 CiC SUNDERLAND I MCCUYCHANB LLP SAII DIEGO HIEIIOSBUEG 1083 VINE SBBEEr S78. 907 HESEOSBUEG, CA 93448 PIIONEI (707) 433-0377 IIAX: (707) 433-0379 December 14, 2022 Richard Abel 707 Hahman Drive, ¹9301 Santa Rosa, CA 95405-9301 Re: Abel v, McCutchan. et al, Sonoma County Superior Couit Case No„'CV-263456 RESPONSE TO RICHARD ABEL'S OCTOBER 29, 2022 LETTER CONCERNING JIM NORD'S MARCH 8I 2022 MOTION TO COMPEL DSCOVERY AND RICHARD ABEL'S TWO MARCH 8, 2022 DISCOVEIRY MOTIONS AGAINST JIM NORD Dear Mr. Abel: This letter is in response to your. October 29, 2022 letter attached as Exhibit "1" with respect Jim Nord's discoveiy motion against you now set for March 8, 2023 where discovery referee, Victor Thuesen, has been appointed by the court as to these discovery motions. Document Production Owed Jim Nord As to the documents requested to be produced by you (requests 1, 2, 3, and 4), your October 29, 2022 letter states that such "[djocuments were already produced to you." If such is your position as to Jim Nord's document requests upon you that are now the subject of his March 8, 2023 discoveiy motion, then any claims by you for documents as to Jim Nord and Dale Davis (your discovery motion against Dale Davis is March 8, 2023) is moot because the entirety of the Lieblina v, Goodrich file was produced by Sunderland ) McCutchan LLP through Galloway, Lucchese, Everson & Picchi as stated in the February 11, 2021 filed order in this action signed by the Honorable Jermifer Dollard, Attached as Exhibit "2" is your Januaiy 28, 2013 email to plaintiffs and former plaintiffs in the Liebling action Ivlii0)1 )Uris first proiInced by you at your October 17, 2022 deposition (which has not been concluded) as document 13ate stamped '0315 and 0316, Neither I, nor my office, ever received Exhibit "2" attached to this letter until October 17, 2022. Your January 28, 2013 does not have any email of any member of Sunderland ~ McCutchan, LLP within showing that you clearlywntended to keep what is contained in' Richard Abel Re; Abel v, McCutchan. etal, December 14, 2022 Page 2 of 3 your email to the plaintiffs and former plaintiffs in the Liebling action from Sunderland ) McCutchan, LLP as to your desired "assignments." You have produced in discovery pre-printed "7/31/2012" assigmnents of alleged former Liebling plaintiffs that are not notarized. However, many of these former Liebling plaintiffs have their emails listed in your January 28, 2013 email attached as Exhibit "1" showing that you back dated your "7/31/2012" assignments of alleged former Liebling plaintiffs that are not notarized, Attached as Exhibit "3" to this letter is your September 16, 2012 email to the Liebling plaintiffs referencing my September 14, 2012 weekly status letter also attached to this letter and referencing a spreadsheet of the remaining plaintiffs in the Liebling action and the new percentages where your email states, "37 plaintiffs have 'opted-out'nd have been dismissed." You need to provide this spreadsheet to Jim Nord's discovety request to you in that such can prove that your claimed assignments of former Liebling plaintiffs are fabricated, You held back on producing the January 28, 2013 email which most likely was erroneously produced at your October 17, 2022 and October 18, 2022 deposition which has not been concluded. Such conduct leads me to believe that you have other documents responsive to Jim Nord's discovery request to you, Your claimed assigmnents if legitimately received before any of the former Liebling plaintiffs were dismissed as they requested do not just appear without any foundational emails, notes, or letters. Judicial Council Form Interrogatory Answers 2.7, 6.4, 7,1, 9.1& 9.2 and 17.1 owed Jim Nord bv Richard Abel You are claiming emotional distress in this action, As such, you have opened up your medical. records to discovery. You are required to give Jim Nord the name, address, and telephone number of the physician(s) you have seen as a matter of law. The above interrogatories have been approved long ago by California's Judicial Council and approved by California's courts. Judicial Council Form Interrogatory answers 2.7, 6,4, 7,1, 9.1, 9.2 and 17.1 owed Jim Nord by you are not "unintelligible" as you claim in your October 29, 2022 letter., Your March 8. 2022 Biscoverv Motions aaainst Jim Nord Jim Nord's discove&y responses which are the basis of your two March 8, 2022 discovery motions are code compliant, Richard Abel Re; Abel v, McCutchan. etal, December 14, 2022 Page 3 of 3 You have failed to pay three sanction orders assessed against you in this matter where Dale Davis has recently served and filed a motion against you for failing to pay him the $ 460.00 per the September 19, 2022 filed order in this action, You have unclean hands to bring your March 8, 2023 discovery motions against Jim Nord and Dale Davis in this action. The funclean hands] doctrine demands that a plaintiff act fairly in the matter for which he seeks a remedy. He must come into court with clean hands, and keep them clean, or he will be denied relief, regardless of the merits of his claim." (Kendall-Jackson Wineiz. Ltd, v, Sunerior Court (1999) 76 Cal. App. 4ia 970, 978). All courts have the power to compel obedience to its judgments, orders, or process, "and must necessarily have it; otherwise, they could not protect themselves from insult, or enforce obedience to their process. Without it they would be entirely powerless." (Securitv Trust EcSavinas Bank v, Southern Pac, R, Co, (1935) 6 Cal. App. 2d 585, 589). There are two Motions of summary judgment or in the alternative, summary adjudication against you set for May 3, 2023 in this action. I request that you comply with the discovery owed Jim Nord and drop your discovery motions set for March 8, 2023 against lun before he incurs more attorney's fees that he will ask the court to assess against you. cc; JimNord Alex Promm Nansi Weil EXHlBIT "1" Richard Abel 707 Hahman Drive, No, 9301 Santa Rosa, CA 95405 Teh (707) 340-3894 K-mail: pererel@smait,corn October 29, 2022 B, Bdward McCutclia, Junior Sunderland & McCutchan, Inc, c/o The UPS Stoic 1083 Vine Street, FMB 907 kiealdsbuvg, CA 9S448 Re; Abel v, McCutchan Jv. el.al. Sonoma County Supeiior Court Case No. SCV-363456 RICIIARD ABEL'S SECOND RKI'ONSK TO JIM NORD'S POCUMKNT PRODUCTION AND I'ORM INTERROGATORIES Dear. Mr, MoCutchan This letter is in response to your October 19, 2022 letter where you are complaining about my second responses to Jim Nord's first set of document production and form interrogatories that were served on October 7, 2022 to you. My objections to Jim Nord's special inteirogatories are valid, so those responses will not be amended, The second responses are not deficient", and your letter provided no reasons why they me "deficient." OCTOBEiR 7, 2022 SEiRUEiD SEiCOND REiPONSKi, TO JliYI NORD'S RKOUKSTS lvOR PRODUCTION OI'OCUMENTS Reauest No. 1, Documents weve already produced to you, See Bates 0001 to 1114, Reauest No, 2, Documents were already produced to you, See Bates 0001 to 1114, lie& uuestNo. 3, Your explanation ls unintelligible, Documents were alremly produced to you, See Bates 0001 to 1114. Heauest No, 4, IJocuments were already produced to you, Sce Bates 0001 to 1114. 'B, Edward McCutchan Jn Re: Abel v, ivfcCutchan, et,al. October 29, 2022 F~ae 2 OCTOBER 7, 2022 SERVED SECOND REPONSE TO JIM NORD'S FIRST SET OP FORM INTERROGATORIES Form Interrouatory 2.7, All available information was provided to you, The response was code-compliant, You are now being harassing, This was a long time ago, over forty (40) yeats, It's not relevant, Pornl Ii~lterro atcrv 6A. All available information was provided to you, I don't recall the niune of the doctoi that I saiv. That was quito a long time ago. The response was code-compliant, You are now being harassil'ig. Porm Interronator v 7,1, Your explanation is unintelligible, The second answers are the same as the first answers, Fol'ill InterronatorY 9, 1, Your explanation is unintelligible, The second answers are the same as the first answers, Form Interrogatorv 9.2, Your explanation is unintelligible, The second answers are the sanie as (he first iuiswers, Form Interronatorv 17,1, Youi explanation is unintelligible. Docunients were already produced to you, See Bates 0001 to 1114, The witness nrunes are your employees ruiil your clients, You don't know the addresses of your oivn eniployees and clients7 Sori'y, but I do not have a cuirent list, You were supposed to meet iuid confer MFOJt L&'ou filed your motion. Since you didn't do that, your motion to conipel will be denied, Richard Abel CC } Omni) - Ltetyllng O,C rloh - Weekly Updnio Iiu ps i//mnl I,znOJito cony/nlntl/o/Otikas522nn2b398,vtoyy=piPssonioh=nl I r rr 'I r r GJ&8il Rlohard Abel &PfrJIre'J'tgJItmalldoom& Usnlfsn v. Ooodrloli ~ yysskly Undsls Rlsrdrd As i s « ioossii. Rd Mon, Jan 26, 2013 al 6i21 PM Ooi dcllyot(ayobotniatf,oom, EAlblrifoaol,corn, wlldtrcut@comcast,nel, RANDY BAILEY &randyballey@comcast,nst&, Gene 13arnss &blggsno tosbcglobal,noi&, OnDBarnssoaol,ccm, planlguyesonlo.nsl, sllsnn boyle &lsegboytpohotmall,corn&, Jaclt Oleary &vbarovlneeoomoasl,nel&, henry &hsniyorlgteregnlatl,cont&, daledavlspbrkfgygmafl,oom, Gary DeZorzt &gdezrgillve.corn&, Jaolndaduvaloyahoo,corn, lynmarJbQsonfcinet, wlndowgerlnotoPsQoomoasl,nel, Craig Gregory &bsattnolosboglobal,nsl&, danttlghtoweroodfohmatf,nnt, Jdanhtgittowerlgyginatt.corn, Bill ong Hing &bh(ng@ucdavls,edu&, Gordon Hogland &ghcgtaitrtJNJysbplspc,oom&, GARY HQLBROOI( &gwholbrookosboglohal,nsl&, Pam Lane &llane66oaol,corn&, hlaphalndpmcnttor net, faisonfarmlalymalf.coin, hy Llebllng &hyJunelalncntc,nst&, Vred Mann &doirsdsoelyahoo;oom&, So'bit Page &opagblclpaobe)l,net&, eve.santlnt@obogtobsl,not, superJposngogmall,corn, rlololl@gmall.oom, The Ripple &therlpplsfamtfyiulyahoo,corn&, Iniolayscnctnatlnks,ocnh Robert sohr &rsohrisyholmall,crim&, Mark Sohulle &marks810oatLnst&, Ghad Ssbranek &chads ptacsradmsn.corn&, Richard Severssn &rx2snllisigmatt,coih&, rxksallocomoast;nel, Llridy Slnolalr &tlndyothidyslnctnlr.corn&, eandosmlth@iearttillnk.conh wnplrlodol,oom, dnstswart204ogiuatt,cern, Jeanne &r3tfordeyahoo,corn&, I(elly Townsend &towitnsnd,ttellyloomoast,nst&, ksltowndPprodlgy,not, Jcliytllyosonto,net, Nansl Welt &nlwslliglocmonnl,net&, troy wlnslow &lroywtnstowohotmatl,corn&, RLoulse J; Bglles &IJbetlootet tres@gmatl,oom&, weoareisysbgtobat,nel, matlhsw zdanek &maltzdaohotmall,corn&, Vtto Lovero &vlovsroosbcglobal,nel&, r,strtokleroatt,net, Jerry slriokler &Jsrrystrtcklerlalatt,net&, Jor/y.stitoklsrlaiworldneLatLnet, Linda Slrlokler &linda,slrlckler alLnet&, D'smile Oordellos &dsnnlscordstlpsrslgmall,oom&, r Nnpdlrusttgdaol,corn Ra'I"/tsslgltmsnts '5ils,gollon Ip,nearing a oonnluslon, li you oan bnlleve Il, I Intend Io ky lo oollscl an my olnlm, Ido nol tssl Ihal Sunderland Mcculchan would be Ihe rightoholoe lo do oollsollon work, I think we'woqfd bs better served to use a cclleolton agency and/or auornsy thai specializes In ootlscllons, 'fhls will lake time and energy, but I realize that many In the group want nothing moro lo do wllh ibis, lt thetis the'oade'1hlll ask thai ydu assign your olalm, and I will liy lo ccllsol li, There will be a prove up hearing somsllme In the near lulure, Whore ws must make a deolarallon lo the Judge lor ihe amount ot lhe loss, You can do this loo, and (here will be Inslruollcne oomlng Irom Mr, Moculohan. You oan stay In the case, and oontlnue lo pursue your clafm Just as I am. On ihs olher hand, II you are truly done, then please provtde me with the dollar amount ol your prlnolpal loss, and I will do IVor you I'J rr I, 'r There Is a space lo IIII ln tho 4 amount on Ihe attached form, Please sign II and return It lo ms. Should you have any questions, Il would be belier to call ms perhaps, rather that write a lol of e-mails,I Richard Abel 707 637-8286 2 attachments asslgnrnent,pdl @ 101( assignment,doc ~ iin 12I( bs&6 oi' 3/I I /2II20, '/lo I PM Assignment of Interest For good and valuable consideration, the receipt of which Is hereby acknowledged, the undersigned party hereby grants, transfers,'assigns, and sets aver unto Rlohard Abel and/ar his assignees, all of Its right, title, beneficial Interest, and chose in action, In and arising from that certain action In Sonorna COunty SuperlOr Court OaSe nO, SGV-24578S, Liebling Ir,GOOdrlch, tOgether With all of its rights, title, and Interest ln and to the Promissory Note(s) therein related to, and referred ta in the action, the money due and to become due thereon with Interest, and all rights accrued or to accrue under said Pramlsscry Note, The prlnaipal amount of my claim arising from the aatlon Identified abave, which Iam assigning ls; Dated this X By; (sign) X By, (sign) Print names; CC Y I' 12/14/22, 11:11 AM Email. Abel.Percentages.09.16.12.him From: Richard Abel [perere 1 gmail,corn] Sent: Sunday, September 16, 2012 2:36 PM To: Kathy Dahl Cc: dollyokay@hotmail,corn; EAlbini@aoLcom; wildtroutlcomcast.net; Gene Barnes; CnDBarnes@aol.corn; plantguy sonic,net,'ileen bayle; Jack Cleaiy; henry,'aledavisperk@gmail.corn; Gary DeZorzi; jacindaduval@yahoo,corn; Iynmarie sonic,net; windowperfectops@comcast.net; beatinoi@sbcglobaLnet; danhightower dishmaiLnet; Hing, Bill; ghoglandlpeoplepc,corn; Gary Holbrook; Pam Lane; hlaphamlmonitor,net; larsonfaim@ymaiLcom; hy Liebling; Vito Lovero; Napattust aol,corn; Leslie Stanton; Fred Mann; pmarshal14191876 aoLcom; scott page; eve-santini@sbcglobal.net; superjpoenglgmail.corn; ricioli gmaiLcom; The Ripple; Mark Schulte; Robert Sohr; chads~lacegmsn,corn; info sonomalhiks.corn; rx2saii comcast.net; Lindy Sinclair; Sandy & Ed Smith; wspirilaol.corn; dnstewart204 gmail,corn; r.strickler@att,net; Jeny Strickler; Jeanne; keltownwprodigy,net; jviolin sonic,net; Nansi Weil; troy winslow; Louise J. Belle; matthew zdanek; Cheryl Bowman; Edward McCutchan; Richard Seversen; Larson, Vernon; j danhightowerlgmai1. corn Subject: Re; Liebling v, Goodrich - Weekly Update Attachments: Remaining Malibu Investors - and New Percentages.pdf According to this weekly report, 37 plaintiffs have "opted -outa and have been dismissed, Attached is a spreadsheet of the persons remaining in the case, and the new percentages, If your name is listed on this spreadsheet, and you really wanted to be dismissed and be aout", then contact the office of Sunderalnd/McCutchan with your request to be dismissed. If you see any other error in the spreadsheet, please let me know so it can be corrected, On Fri, Sep 14, 2012 at 5:09 PM, Kathy Dahl (kdahi(rrsunmclaw.corn& wrote'. Attached is the September 14, 2012 weekly update. Please let us know If you have any questions. Thank you. Kathy Dahl SUNDERLAND i McCUTCHAN, LLP 412 Aviation Boulevard, Suite D Santa Rosa, CA 05403 Tet:,(~70 ) 284-5524 Fax:,(707) 284-5527 Conf ldenllal Prlvllsgad Ccmmunlcallcn I lde://srcavel1/clienls/Abel v. Sunderland Mcoulchan/Abel v. Suaderland.Mcculchan, LLP/EXPERT/Email.Abel. Percentages.09.1042.him 1/2 SUNDvm:&+D l McCUYcHAN. z,Lp Ssa oksvv SIVIT4 ROSA 412 R9umokk Bcvk.RVNIO, Svns D SSN74 Ros* C4kISORkIVI 95403 PacN 0: (707) 204-5524 B42: 1707) 28 I-5527 September 14, 2012 PRIVILEGED ATTORNEY-CLIDINT COMMUNICATION Sent via email onlv WEEKLY UPDATED STATUS REPORT Re'. Lieblina. et al. v. Charlene Goodrich. et al. Dear Clients; This letter shall seive as a weekly updated status report with regard to this matter, 1, We received the endorsed-filed copy of the request for dismissal of the complamt for those clients who requested to opt out of tlds matter, The clients who are dismissed are as follows', Randy Bailey Bileen Boyle John and Kathleen J,Cleary Dennis Cordellos James T. and Prancine Deering Gary and Judith DeZoni Suki Ferl Robert and Wendy Gilman Craig Gregory Katbryn Gregory Gordon Hogland Gary Holbrook Pamela and Glen Lane Ronald P. and Rosemakp B, Lapham Vito Lovero Fredric I. Rnd Kathekine Mann Thomas B. and Pahdcia L Marshall Amy Marshbll Jack and Virginia Miller Leslie StantorAVe'Care Animal Rescue Charlie Ray Moore Bvelina Peidtore Charlotte P itois Dennis snd Cathy Ripple Mark Rudhger Leon and Dorothy Sanders Mary Lou Schmidt Charles Sebranek Lindy Sinclair Ryan Strickler Jerry snd Linda M, Strickler Marvin and Beverly J. Taylor Steve and Kelly Marie Tovmsend Greg ge Vernon Carmen Violin Troy and Robhk Winslow Louise Bscher York 2, ~i A "Notice of Bkrata" was&led for Walter Spiridonog who requested not to be dismissed despite previously signing a request to "opt-out" from this matter, Clients Re.'ieblina. et al. v. Charlene Goodrich. et al. September 14, 2012 Page 2 of 2 3, Other important dates in this matter are as follows', 9~rid 0 t 0 192012 t930 ..10D eettee tlt ht— ti f 3dd on th'e Pleadings as io Peter Skaipias and John C&vtkshank, Thursdav. March 28. 2012 at 9 «.m, in Deuartment 19 — Zettlen9ent Conference as to all remaming plaintiffs and defendants, Fridav. Auril 26. 2013 at 8:30 a,m. m Deuartment 18 — Trial Call as to all remaining plaintiffs and defendants, 4, We would like to file a motion to terminate the auswei'f Robert Zuckeiman to the Complaint for his refusal to comply with the Court's discovery order of August I, 2012 and our current discovery which he has not ansvrered, please let me know your thoughts on this as soon as possible. 5. For those of you who have not yet brought your account current, I request that you please contact Cheryl Bowman of our San Diego Office, Should you have any questions, do not hesitate to contact our office, Thank you. Very truly yours, 0 d tt ~d,ddeCetg L Bdward McCutch BMC/kmd cc'. Cheryl Bowman PROOF OF SERVICE (CCP sections 1011, 1012, 1012.5, 1013) 3 STATE OF CALIFORNIA ) ) ss. COUNTY OF SONOMA ) 5 I am a citizen of the United States and a resident of the County aforesaid; I am over the age of 18 6 years and not a party to the within action; my business address is: 1083 Vine Street, Suite 907, Healdsburg, California 95448. 7 On this date, December ~~2022, I served the within DECLARATION OF EDWARD McCUTCHAN IN OPPOSITION TO PLAINTIFF RICHARD ABEL'S MOTION TO COMPEL JAMES NORD'S FURTHER RESPONSES TO SPECIAL INTERROGATORIES AND FOR SANCTIONS (MOTION DATED 9/15/2022) on the 10 interested parties in said action, including a true copy thereof, and served the same on the parties/counsel addressed as follows: 12 PLEASE SEK 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, whereby the mail is deposited in a U.S. mailbox in the City of Healdsburg, California, after the close of the day's business. Electronic Mail - I transmitted such documents(s) to the addressees at the below E-Mail addresses: 18 Facsimile - I transmitted such documents(s) to the addressee(s) at the following 19 facsimile number(s): 20 One Legal's electronic service program. Using One Legal's electronic 21 transmission program, a true and correct copy of the documents was served on all counsel by e-mailing a copy to each addressee named below. 22 Personal Service - I caused to be delivered such envelope(s) to the addressee(s) at 23 the address(es) set forth below. 24 I declare under penalty of perjury that the foregoing is true and correct and this document is executed at Healdsburg, California on December ~7, 2022. 26 27 28 EDWARD McC CHAN DECLARATIOVi OF EDIVARD ElcCUTCHAN liV OPPOSITIoiV To PLAINTII'F RICHARD AREL'S EIOTIOiV To CoillPEL 3AiFIES iVORD'S FURTHER RESPONSES To SPECIAL livf ERROGATORIES AViD FOR SANCTIONS (EIOTION DATED 9/15/2022) 4 SERVICE LIST Abel v. McCutchan. et al. Sonoma County Superior Court Case No. SCV-263456 Plaintiff in Pro Per: Richard Abel 6 Richard Abel USPS FIRST CLASS MAIL - ONLY 707 Hahman Drive, ¹9301 Santa Rosa, CA 95405-9301 8 Tel: (707) 340-3894 9 E-Mail: DererelSRDIaibcom 10 Defendant in Pro Per: Nansi Weil 11 Nansi Ida Weil ELECTRONIC SERVICE - ONLY 434 Fifth Avenue, Apt. 1240 Pittsburg, PA 15219 E-Mail:nansiweil comcast.net 15 Attorneys for Defendants: Sunderland ~ McCutchan, Inc., Sunderland McCutchan, LLP, ~ B. Edward McCutchan, Jr. 17 18 Alexander D. Promm, Esq. Joseph S. Picchi, Esq. ELECTRONIC MAIL - ONLY 19 Galloway, Lucchese, Everson 4 Picchi A Professional Corporation 20 2300 Contra Costa Blvd., Suite 350 Pleasant Hill, CA 94523-2398 21 Tel: (925) 930-9090 22 Fax: (925) 930-9035 E-Mail: anrommQRlattvs.corn 23 25 26 27 28 DECLARATION OF EDWARD SlcCUTCHAN IN OPPOSITIoiN To PLAIiNTII'li RICHARD AREL'S ialoTION To COSIPEL JASIES NORD'S I'URTHER RESPoiNSES To SPECIAL liVIERROGATORIES AND FOR SAiNCTIoiNS (SIOTION DATED 9/I 5/2022) I