Request,Application: Abel vs McCutchan, JR

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                                Edward McCutchan (SBN 119376)
     SUNDKRLAND McCUTCHANJ LLP
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     1083 Vine Street, Suite 907
 3   Healdsburg, CA 95448
     Telephone: (707) 433-0377
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     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
 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
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                                          COUNTY OF SONOMA
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     RICHARD ABEL,                                     ) CASE NO. SCV-263456
                                                       )
15                  Plaintiff,                                  JAMES NORD'S REQUEST FOR
                                                                JUDICAL NOTCK IN OPPOSITION
16                                                              TO PLAINTIFF RICHARD ABEL'S
            vs                                                  MOTION TO COMPEL JAMES NORDJS
17                                                              FURTHER RESPONSES TO SPECIAL
     B. EDWARD McCUTCHAN, JR., an                               INTERROGATORIES AND FOR
     individual; SUNDERLAND McCUTCHAN,
                                   ~                   ))
                                                                SANCTIONS (DATED MOTION 9/5/2022)
     LLP, a general partnership; and DOES I                     Date: March 8, 2022
     through 100, inclusive.                                    Time: 3:00 p.m.
20                                                              Dept. 18
                    Defendants.                        )
21                                                     )        Trial: March 10,2023
                                                                Honorable Christopher Honigsberg
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     TO THE COURT, ALL PARTIES HEREIN, AND THEIR ATTORNEYS OF RECORD:
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            Pursuant to Evidence Code section 450 et seq., and the holding of Traders Snorts. Inc. v.
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     Citv of San Leandro (2001) 93 Cal. App.     4"'7, JAMES NORD aka JIM NORD as an individual
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     and on behalf of the Patrick Trust and Mein Trust sued as DOE 5, requests that this court take
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20   judicial notice of the following facts and documents in this action in support of his opposition to



     JAMFS NORD'S REQUEST FOR JUDICAL NOTCE IN OPPOSITION TO PLAINTIFP RICHARD ABEL'S MOTION TO COMPEL JAMES
     NORD'S PURTHER RESPONSES TO SPECIAL INTERltOGATORIES AND FOR SANCTIONS (DATED MOTION 9/512022)
                                                            I
        plaintiff Richard Abel's September 5, 2022 dated discoveiy motion against him set for March 8,
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        2023 at 3:00 pm. in Sonoma County Superior Court Department 18.
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               1.   December 5, 2022 minute order in this action where in pro per plaintiff Richard Abel

        was ordered to pay $ 1,490.00 and $ 555.00 in long overdue monetary sanctions within thirty (30)

        days of the service of this December 5, 2022 minute order.

               Relevance: Richard Abel is coming before this court with unclean hands having violated
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        two monetary sanction orders assessed against him. The [unclean hands] doctrine demands that a
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        plaintiff act fairly in the matter for which he seeks a remedy. He must come into court with clean
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        hands, and keep them clean, or he will be denied relief, regardless of the merits of his claim."

12      (Kendall-Jackson Wineiv. Ltd. v. Sunerior Court (1999) 76 Cal. App. 4'" 970, 978).

               All courts have the power to compel obedience to its judgments, orders, or process, "and
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        must necessarily have it; otherwise, they could not protect themselves from insult, or enforce
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        obedience to their process. Without it they would be entirely powerless." (Securitv Trust
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I   7   &Savinas Bank v. Southern Pac. R. Co. (1935) 6 Cal. App. 2d 585, 589).

18             2. September 19, 2022 filed order in this action where in pro per plaintiff Richard Abel
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        was ordered to pay $ 460.00 in monetary sanctions to Dale Davis within twenty (20) days of the
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        service of this September 19, 2022 filed order and Dale Davis'ecember 2022 filed motion to
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        compel Richard Abel's payment of the overdue payment of the $ 460.00 in monetary sanctions

23      assessed against him and for additional monetaiy sanctions against him.

               Relevance: Richard Abel is coming before this court with unclean hands having violated
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        three monetary sanction orders assessed against him. The [unclean hands] doctrine demands that
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        a plaintiff act fairly in the matter for which he seeks a remedy. He must come into court with
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        clean hands, and keep them clean, or he will be denied relief, regardless of the merits of his



        JAMES NORD'S REQUEST FOR JUDICAL NOTCE IN OPPOSITION TO PLAINTIFF RICI IARD ABEL'S MOTION TO COMPEL JAMES
        NORD'S FURTHEIf RESPONSES TO SPECIAL INTERIIOGATORIES AND FOR SANCTIONS (DXTED MOTION 9/5/2022)
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     claim." (Kendall-Jackson Wineiv. Ltd. v. Sunerior Court (1999) 76 Cal. App.          4"'70, 978).
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               All courts have the power to compel obedience to its judgments, orders, or process, "and
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     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 k,

 6   Savinas Bank v. Southern Pac. R. Co. (1935) 6 Cal. App. 2d 585, 589).

               3. The May 6, 2021 filed order in in Lieblinu v. Goodrich, Sonoma County Superior
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     Court Case No. SCV-245738.
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               Relevance: Richard Abel was given an opportunity to bring a motion in the Lieblinu
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     matter to demonstrate with competent evidence that his claimed assignments of former plaintiffs

     in the Lieblina action were obtained before the former plaintiffs were dismissed as requested.
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     His failure to do so creates an inference that the dates on the claimed assignments by Richard
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     Abel are backdated and the signatures may not be those of the foiTner plaintiffs in the Lieblin)2
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     matter.
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17             4. The August 31, 2021 filed notice    of the Second Amended Judgment against Robert

     Zuckerman in Lieblinu v. Goodrich, Sonoma County Superior Couit Case No. SCV-245738 and
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     the August 4, 2021 filed Second Amended Judgment against Robert Zuckerman which is in the
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     court's file in this action.
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               Relevance: The allegations of Richard Abel's first amended complaint have been

23   eliminated by the August 4, 2021 filed Second Amended Judgment against Robert Zuckerman in

     Lieblina v. Goodrich, Sonoma County Superior Court Case No. SCV-245738 as to all claims
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     pertaining to the October 6, 2016 Judgment and the March 20, 2017 First Amended Judgment
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     against Robert Zuckerman by operation of law. August 4, 2021 second amended judgment
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     against Robert Zuckerman is privileged under Civil Code section 47(b).



     JAlvlES NORD'S REQUEST FOR JUDICAL NOTCE IN OPPOSITION TO PLAINTIPP RICI.IARD ABEL'S MOTION TO COMPEL JAMES
     NORD'S FURTI IER RESPONSES TO SPECIAL INTERROGA I'DRIES AND FOR SANCTIONS (DATED MOTION 9/5/2022)
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             5. Richard Abel's failure to appeal the Second Amended Judgment against Robert
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     Zuckerman in Lieblinu v. Goodrich, Sonoma County Superior Court Case No. SCV-245738.
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             Relevance: The Second Amended Judgment against Robert Zuckerman in Lieblinu v.

     Goodrich, Sonoma County Superior Court Case No. SCV-245738 is a final judgment and is not

 6   subject to an appeal. Its terms control where Richard Abel has been representing himself in the

     Lieblinu action in propria persona since November 2017. An erroneous judgment is as
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     conclusive as a correct one. (Panos v. Great Western Packinu Co. (1943) 21 Cal. 2d 636, 640).

     Jim Nord contends that the August 4, 2021 second amended judgment in Lieblina v. Goodrich,
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     Sonoma County Superior Court Case No. SCV-245738 controls despite Richard Abel's contrary

12   position and that the discovery that Richard Abel continues to serve on the defendants in this
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     action is based upon a moot First Amended Complaint of Richard Abel in light of the August 4,
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     2021 Second Amended Judgment against Robert Zuckerman in the Liebling action.
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             6. The March 5, 2021 filed Notice     of Order AAer Hearing with the filed Februaiy      11,

     2021 Order After Hearing Attached in this action.

18           Relevance: Richard Abel has already been given the entirety of Sunderland McCutchan,
                                                                                              ~




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     LLP's file in the Lieblina v. Goodrich, Sonoma County Superior Court Case No. SCV-245738
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     action. He is collaterally estopped from seeking such in his motion to compel against Jim Nord
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     fiom this Februaiy 11, 2021 order. The court may infer that Richard Abel's filing of this

23   discovely motion and his repeated filed discoveiy motions in this action is the act of a vexatious

     litigant.
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     ///
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     ///
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     JAMES NORD'S REQUES'f POR JUDICAL NOTCE IN OPPOSITION TO PLAINTIPP RICHARD ABEL'S MOTION To COMPEL JAMES
     NORD'S FURTHER RE4ONSES To SPECIAL INTERROGATORIES AND POR SANCTIONS (DATED MOTION 9/5/2022)
     Date: December    Z~, 2022                     SUNDERLAND M       i




                                                    Edward McCutc n
                                                    Attorney for De endants D      E DAVIS sued as
                                                    DOE4,JAMES 0            a a JIMNORDas an
                                                    individual and on behalf of the Patrick Trust and
                                                    Mein TI&Ist 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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     JAMES NORD'S REQUEST POR JUDICAL NOTCE IN OPPOSITION To PLAINTIFF IUCHARD ABEL'S MOTION To COMPEL JAMES
     NORD'S PUKI'HER RESPONSES TO SPFCIAL INTERROOATORl5S AND FOR SANCTIONS (DATED MOTION 9/512022)
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                                              PROOF OI'ERVICE
                                   (CCP sections 1011, 1012, 1012.5, 1013)

 3    STATE OF CALIFORNIA             )
                                      ) ss.
      COUNTY OF SONOMA                )
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      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.

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      On this date, December            2022, I served JAMES NORD'S REQUEST FOR JUDICIAL
      NOTICE IN OPPOSITION TO PLAINTIFF RICHARD ABEL'S MOTION TO COMPEL
      JAMES NORD'S FURTHER RESPONSES TO SPECIAL INTERROGATORIES AND
      FOR SANCTIONS (DATED MOTION 9/5/2022) on the interested parties in said action,
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      including a true copy thereof, and sekved the same on the parties/counsel addressed as follows:

                               PLEASE SKE ATTACHED SERVICE LIST
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      The following is the procedure in which sen ice of this document was affected:
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     v'5             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.
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                     Electronic Mail - I transmitted such documents(s) to the addressees at the below
17                   E-Mail addresses:
18                   Facsimile - I transmitted such documents(s) to the addressee(s) at the following
                     facsimile number(s):
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                     One Legal's electronic service program.         Using One Legal's electronic
20                   transmission program, a true and correct copy of the documents was served on all
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                     counsel by e-mailing a copy to each addressee named below.

22                   Personal Sets ice - I caused to be delivered such envelope(s) to the addressee(s) at
                     the address(es) set forth below.
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              I declare under penalty   of perjury that the foregoing is true and correct and this document
      is executed at Healdsburg, California on December       Z ~2022.
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                                                              EDWARD Mc UTCHA             i

      JAMFS NORD'S REQUEST FOR JUDICAL NOTCE IN OPPOSITION TO PLAINTIFP RICHARD ABEL'S MOTION TO COMPEL JAMES
      NORD'S FURTHElk RESPONSES TO SPECIAL INTERROGATORIES AND FOR SANCTIONS (DATED MOFION 9/5/2022)
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                                                  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
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     Tel: (707) 340-3894
 9   E-Maih DererelQEInaihcom
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     Defendant in Pro Per: Nansi Weil
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     Nansi Ida Weil                                         ELECTRONIC SERVICE - ONLY
     434 Fifth Avenue, Apt. 1240
13   Pittsburg, PA 15219

     E-Mail:nansiweil comcast.net
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     Attorneys for Defendants: Sunderland McCutchan, Inc., Sunderland McCutchan, LLP,
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     B. Edward McCutchan, Jr.
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     Alexander D. Promm, Esq.
     Joseph S. Picchi, Esq.                                 ELECTRONIC MAIL - ONLY
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     Galloway, Lucchese, Everson & Picchi
     A Professional Corporation
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     2300 Contra Costa Blvd., Suite 350
     Pleasant Hill, CA 94523-2398
     Tel: (925) 930-9090
     Fax: (925) 930-9035
     E-Maih anrommQElattvs.corn
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     JAMES NORD'S REQUEST FOR JUDICAL NOTCH IN OPPOSITION TO PLAINTIFF RICHARD AEEL'S MOTION To COMPEL JAMES
     NUIT'8 PURTHER REsPDNsss To sPEcIAL INTERRDOATDRIEs AND Fok sANcTIDNs (DATED MDTIDN 9/5/2022)
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