Preview
Edward McCutchan (SBN 119376)
SUNDKRLAND ~
McCUTCHAN, LLP
1083 Vine Street, Suite 907
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
5 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, SEPARATE STATEMENT IN
OPPOSITION TO PLAINTIFF
vs RICHARD ABEL'S MOTION TO
COMPEL JAMES NORD'S FURTHER
17 ) RESPONSES TO DISCOVERY AND FOR
B. EDWARD McCUTCHAN, JR., an ) SANCTIONS (DATED OCTOBER 14,
individual; SUNDERLAND ~
McCUTCHAN, 2022)
LL P, a g e n e r a I p a r t n e r s h i p; a nd D 0 E S
I
I5
through 100, inclusive.
Hearing Date: March 8, 2023
Time: 3:00 p.m.
20 Dept.: 18
Defendants. )
21 ) The Honorable Christopher Honigsberg
22
23 TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:
This separate statement is hereby submitted by Defendant, Jim Nord ("hereinafter
25
"NORD" sued as DOE 5), in opposition to in propria persona plaintiff Richard Abel's
26
(hereinafter "ABEL") motion to compel written discovety that he dated October 14, 2022.
27
28
SEPARATE STATEMENT IN OPPOSITION TO PLAINTIFF RICHARD ABEL'S MOTION TO COMPEL JAMES NORD'S FURTHER
RESPONSES TO DISCOVERY AND FOR SANCTIONS (DATED OCTOBER 14, 2022)
I
JIM NORD'S AUGUST 31, 2022 SERVED RESPONSES TO
RICHARD ABEL'S SPECIAL INTERROGATORIES SKT ONK
SPECIAL INTERROGATORY NO. 1: Please IDENTIFY each action that Edward
McCutchan took in Sonoma County Superior Court Case mimber SCV-245738 entitled Liebling
5
v. Goodrich (herein referred to as the "LIKBLING ACTION" ) which YOU did not authorize
(The term "YOU" herein means Jim Nord).
7
Response: Objection. The terms "authorize" and "action" are overbroad and not
9 specifically directed to a specific event, pleading, letter and the like. The question needs to be
specifically asked.
11
Whv a further response should not be ordered: Special interrogatory number 1 is subject to
12
proper objections as stated. Plaintiff, in propria person Richard Abel (hereinafter ABEL), has
unclean hands to bring this March 8, 2023 discovery motions against Jim Nord and Dale Davis
14
in this action. (See accompanying request for judicial notice items 1 and 2).
15
The [unclean hands] doctrine demands that a plaintiff act fairly in the matter for which he
16
seeks a remedy. He must come into court with clean hands, and keep them clean, or he will be
17
denied relief, regardless of the merits ofhis claim." (Kendall-Jackson Wineiv, Ltd. v. Superior
18
Court (1999) 76 Cal. App. 4"'70, 978).
19
All courts have the power to compel obedience to its judgments, orders, or process, "and
20
must necessarily have it; otherwise, they could not protect themselves from insult, or enforce
21
obedience to their process. Without it they would be entirely powerless." (Securitv Trust Ec
Savinvs Bank v. Southern Pac. R. Co. (1935) 6 Cal. App. 2d 585, 589).
24
SPECIAL INTERROGATORY NO. 2: Please IDENTIFY all fee agreements that YOU
25
signed with Sunderland/McCutchan for representing YOU in the LIKBLING ACTION by the
26
d a te o f e ac h
20 Response: The 2009 retainer agreement that all of the plaintiffs in the Lieblina action
SEPARATE STATEMENT IN OPPOSITION To PLAINTIFF RICHARD ABEL'S MOTION TO COMPEL JAMES NORD'S FURTHER
RESPONSES To DISCOVERY AND FOR SANCTIONS (DATED OCTOBER l4, 2022)
2
signed for the litigation aspect including Richard Abel who has a copy of such agreement. Any
2
other agreement pertaining to the Lieblinu lawsuit such as for collection or appeal is objected to
3
on my Constitutional Right of Privacy and attorney client privilege.
Whv a further resnonse should not be ordered: Special interrogatory number 2 is subject to
proper objections as stated. It was properly answered by Jim Nord. Plaintiff, in propria persona
7
Richard Abel (hereinafter ABEL), has unclean hands to bring this March 8, 2023 discovery
motions against Jim Nord and Dale Davis in this action. (See accompanying request for judicial
notice items 1 and 2).
10 The [unclean 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." (Kend all- Jackson Winerv. Ltd. v. Sunerior
I3
Court ( 1 999) 76 Cal. App. 4"'70, 978)
All courts have the power to compel obedience to its judgments, orders, or process, "and
15 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 //6
17
Savinas Bank v. Southern Pac. R. Co. (1935) 6 Cal. App. 2d 585, 589).
18
SPECIAL INTERROGATORY NO. 4: Please STATE all the reasons why YOU are still
19
paying Sunderland/McCutchan to represent YOU in the LIKBLING ACTION.
21 Resnonse: Objection. This question violates my Constitutional Right of Privacy and the
22
attorney client privilege.
23
Whv a further resnonse should not be ordered: Special interrogatory number 4 is subject to
24
proper objections as stated. Plaintiff, in propria persona Richard Abel (hereinafter ABEL), has
25
unclean hands to bring this March 8, 2023 discovery motions against Jim Nord and Dale Davis
26
in this action. (See accompanying request for judicial notice items 1 and 2).
27
The [unclean hands] doctrine demands that a plaintiff act fairly in the matter for which he
28
SEPARATE STATEMENT IN OPPOSITION TO PLAINTIPP RICI.IARD ABEL'S MOTION TO COMPEL JAMES NORD'S PURTHER
RESPONSES TO DISCOVERY AND POR SANCTIONS (DATED OCTOBER 14, 2022)
3
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 Winetv. Ltd. v. Sunerior
Court (1999) 76 Cal 4IR 970 978)
App
All courts have the power to compel obedience to its judgments, orders, or process, "and
5
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 &
7
Savinvs Bank v. Southern Pac. R. Co. (1935) 6 Cal. App. 2d 585, 589).
9 SPECIAL INTERROGATORY NO. 5: Please STATE all the reasons why YOU paid
Sunderland/McCutchan to write an appeal brief for YOU in 2022 for Robert Zuckerman's
11
appeal.
12
Resnonse: Objection. This question invades the attorney client and work product
13
I 4 Privileges and violates my Constitutional Right of Privacy.
Whv a further resnonse should not be ordered: Special interrogatory number 5 is subject to
J6 proper objections as stated. Plaintiff, in propria persona Richard Abel (hereinafter ABEL), has
unclean hands to bring this March 8, 2023 discovery motions against Jim Nord and Dale Davis
ts in this action. (See accompanying request for judicial notice items 1 and 2).
The [unclean hands] doctrine demands that a plaintiff act fairly in the matter for which he
2c seeks a remedy. He must come into court with clean hands, and keep them clean, or he will be
2J denied relief, regardless of the merits ofhis claim." (Kendall-Jackson Winerv, Ltd. v. Sunerior
22 Court (1999) 76 Cal. App. 4'" 970, 978).
23 All courts have the power to compel obedience to its judgments, orders, or process, "and
24
must necessarily have it; otherwise, they could not protect themselves from insult, or enforce
25
obedience to their process. Without it they would be entirely powerless." (Securitv Trust &
26
Savinas Bank v. Southern Pac. R. Co. (1935) 6 Cal. App. 2d 585, 589).
27
SPECIAL INTERROGATORY NO. 6: Please IDENTIFY all PERSONS who YOU contend
SEPARATE STATEMENT IN OPPOSITION TO PLAINTIPP RICHARD ABEL'S MOTION TO COMPEL JAMES NORD'S FURTHER
RESPONSES TO DISCOVERY AND FOR SANCTIONS (DATED OCTOBER 14, 2022)
4
made the errors in drafting the proposed judgments in the LIKBLING ACTION.
2
Response: Objection. This question assumes that there were errors in any proposed
3
Judgment in the Lieblina litigation matter. The August 4, 2021 Second Amended judgement in
4
the litigated Liebline action is a final judgment and controls that Richard Abel did not appeal.
5 Richard Abel claims assignments from former plaintiffs who requested to be dismissed from the
Liebline action and were dismissed as stated in weekly status reports and billings. Richard Abel
8
has yet to provide any proof that his claimed written assignments that are not notarized were
9
obtained before these plaintiffs were dismissed. Many of Richard Abel's claimed signed
10
assignments that are not notarized are dated after the named former plaintiff was dismissed in the
Lieblinu action. Richard Abel received the proposed October 2016 judgment in an email before
13
it was submitted to the court for review, signature, and filing. Richard Abel never voiced any
14
criticisms regarding the October 2016 proposed judgment or the first amended March 20, 2017
15
16
judgment until years later.
I 7 Whv a further resnonse should not be ordered: Jim Nord properly answered special
10 interrogatoiy number 6. Plaintiff, in propria persona Richard Abel (hereinafter ABEL), has
unclean hands to bring this March 8, 2023 discovery motions against Jim Nord and Dale Davis
20 in this action. (See accompanying request for judicial notice items I and 2).
21 The [unclean 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
23 denied relief, regardless of the merits of his claim." (Kendall-Jackson Winetv, Ltd. v. Sunerior
24 Court (1999) 76 Cal. App. 4@ 970, 978).
25 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
27
obedience to their process. Without it they would be entirely powerless." (Securitv Trust Bc
28
Savinas Bank v. Southern Pac. R. Co. (1935) 6 Cal. App. 2d 585, 589).
SEPARATE STATEMENT IN OPPOSITION TO PLAINTIPP RICHARD ABEL'S MOTION TO COMPEL JAMES NORD'S FUITTI.IER
RESPONSES TO DISCOVERY AND FOR SANCTIONS (DATED OCTOBER 14, 2022)
5
SPECIAL INTERROGATORY NO. 7: Please STATK all facts supporting YOUR reasons
2
for why YOU are still pursuing Robert Zuckeiman after he filed bankruptcy in 2018.
3
Resnonse: Objection. This question invades the attorney client and work product
privileges and violates my Constitutional Right of Privacy,
Whv a further resnonse should not be ordered: Special interrogatory number 7 is subject to
7 proper objections as stated. Plaintiff, in propria person Richard Abel (hereinafter ABEL), has
s unclean hands to bring this March 8, 2023 discoveiy motions against Jim Nord and Dale Davis
9 in this action. (See accompanying request for judicial notice items 1 and 2).
10 The [unclean 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
12 denied relief, regardless of the merits of his claim." (Kendall-Jackson Winerv. Ltd. v. Sunerior
13 Court (1999) 76 Cal. App. 4'" 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
16
obedience to their process. Without it they would be entirely powerless." (Securitv Trust k,
17
Savinas Bank v. Southern Pac. R. Co. (1935) 6 Cal. App. 2d 585, 589).
18
SPKCIAL INTERROGATORY NO. 9: Please IDKNTIFY which defendants in the
20 LIKBLING ACTION did not file bankruptcy.
21
Resnonse: I do not remember all. Peter Skarpias, John Cruikshank, the Nevada Limited
22
Liability Companies, Fidelity Title, Jeff Greene, Charles Reeder are some.
23
24
Whv a further resnonse should not be ordered: Special interrogatoty number 9 was properly
answered by Jim Nord. Plaintiff, in propria persona Richard Abel (hereinafter ABEL), has
25
unclean hands to bring this March 8, 2023 discoveiy motions against Jim Nord and Dale Davis
26
in this action. (See accompanying request for judicial notice items I and 2).
27
The [unclean hands] doctrine demands that a plaintiff act fairly in the matter for which he
28
SEPARATE STATEMENT IN OPPOSITION TO PLAINTIPP RICHARD ABEL'S MOTION TO COMPEL JAMES NORD'S PURTHER
RESPONSES TO DISCOVERY AND FOR SANCTIONS (DATED OCTOBER 14, 2022)
6
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 Winerv, Ltd. v. Sunerior
Court (1999) 76 Cal. App. 4"'70, 978).
All courts have the power to compel obedience to its judgments, orders, or process, "and
5
must necessarily have it; otherwise, they could not protect themselves from insult, or enforce
6
obedience to their process. Without it they would be entirely powerless." (Securitv Tmst &
7
Savinas Bank v. Southern Pac. R. Co. (1935) 6 Cal. App. 2d 585, 589).
SPECIAL INTERROGATORY NO. 10: Please STATE the percentage (%) of any monetary
recovery in the LIKBLING ACTION that YOU think would be a reasonable fee for
11
Sunderland/McCutchan.
12
Resnonse: The $ 250.00 hourly rate plus 15% of what was recovered in settlement as
13
agreed to in the 2009 fee agreement.
Whv a further resnonse should not be ordered: Special interrogatory number 10 was properly
I-6 answered by Jim Nord. Plaintiff, in propria persona Richard Abel (hereinafter ABEL), has
unclean hands to bring this March 8, 2023 discovery motions against Jim Nord and Dale Davis
ra in this action. (See accompanying request for judicial notice items 1 and 2).
The [unclean hands] doctrine demands that a plaintiff act fairly in the matter for which he
2e seeks a remedy. He must come into court with clean hands, and keep them clean, or he will be
22 denied relief, regardless of the merits of his claim." (Kendall-Jackson Winetv. Ltd. v. Suoerior
22 Court (1999) 76 Cal. App. 4ra970, 978).
23 All courts have the power to compel obedience to its judgments, orders, or process, "and
24
must necessarily have it; otherwise, they could not protect themselves from insult, or enforce
25
obedience to their process. Without it they would be entirely powerless." (Securitv Trust &
26
Savinas Bank v. Southern Pac. R. Co. (1935) 6 Cal. App. 2d 585, 589).
27
SPECIAL INTERROGATORY NO. 16: Please STATE the amount YOU think is a
SEPARATE STATEMENT IN OPPOSITION To PLAINTIFF RICHARD ABEL'S MOTION TO COMPEL JAMES NORD'S FURTHER
RESPONSES TO DISCOVERY AND FOR SANCTIONS (DATED OCTOBER 14, 2022)
7
reasonable fee based on quantum meruit for Sunderland/McCutchan in the LIEBLING
ACTION.
3
Resnonse: $ 350.00 per hour or more.
4
Whv a further resnonse should not be ordered: Jim Nord properly answered special
interrogatory number 16. Plaintiff, in propria persona Richard Ab'el (hereinafter ABEL), has
7
unclean hands to bring this March 8, 2023 discovery motions against Jim Nord and Dale Davis
in this action. (See accompanying request for judicial notice items I and 2).
The [unclean handsj doctrine demands that a plaintiff act fairly in the matter for which he
18 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 Winerv, Ltd. v. Sunerior
Court (1999) 76 Cal. App. 4'" 970, 978).
13 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 k,
16
Savinas Bank v. Southern Pac. R. Co. (1935) 6 Cal. App. 2d 585, 589).
17
SPECIAL INTERROGATORY NO. 24: Please DESCRIBE all facts supporting YOUR
18
I 9 reasons for not seeking a refund from Sunderland/McCutchan.
20 Resnonse: Objection. This request violates my Constitutional Right of Privacy and the
21
attorney client privilege. Without waiving this objection, I do not believe that I am owed a refund
22
from Sunderland i
McCutchan, LLP.
23
Whv a further resnonse should not be ordered: Special interrogatory number 24 is subject to
24
proper objections as stated. It was properly answered by Jim Nord. Plaintiff, in propria persona
25
Richard Abel (hereinafter ABEL), has unclean hands to bring this March 8, 2023 discovety
26
motions against Jim Nord and Dale Davis in this action. (See accompanying request for judicial
27
notice items I and 2).
28
SEPARATE STATEMENT IN OPPOSITION TO PLAINTIFF RICHARD ABEL'S MOTION TO COMPEL JAMES NORD'S PURTHER
RESPONSES TO DISCOVERY AND FOR SANCTIONS (DATED OCTOBER l4, 2022)
8
1 The [unclean 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 Winerv. Ltd. v. Sunerior
Court (1999) 76 Cal. 418 970, 978).
App.
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
7
obedience to their process. Without it they would be entirely powerless." (Securitv Trust &
8
9Savinvs Bank v.Southern Pac.R.Co.(1935)6Cal.App.2d 585,589).
18 SPECIAL INTERROGATORY NO. 28: Please DESCRIBE all facts that explain YOUR
reasons for why YOU continued to pursue Robert Zuckerman in litigation after April 2, 2014.
12
Resnonse: Objection, This request violates my Constitutional Right of Privacy and the
13
attorney client privilege.
14
Whv a further resnonse should not be ordered: Special interrogatory number 28 is subject to
proper objections as stated. Plaintiff, in propria persona Richard Abel (hereinafter ABEL), has
7 unclean hands to bring this March 8, 2023 discovery motions against Jim Nord and Dale Davis
in this action. (See accompanying request for judicial notice items 1 and 2).
19 The [unclean 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 Winetv. Ltd. v. Sunerior
Court (1999) 76 Cal. App. 4"'70, 978).
23 All courts have the power to compel obedience to its judgments, orders, or process, "and
24 must necessarily have it; otherwise, they could not protect themselves from insult, or enforce
25
obedience to their process. Without it they would be entirely powerless." (Securitv Trust &
26
Savinas Bank v. Southern Pac. R. Co. (1935) 6 Cal. App. 2d 585, 589).
27
SPECIAL INTERROGATORY NO. 31: Please IDKNTIITY all plaintiffs in the LIKBLING
28
SEPARATE STATEMENT IN OPPOSITION TO PLAINTIPP RICHARD ABEL'S MOTION TO COMPEL JAMES NORD'S FURTHER
RESPONSES TO DISCOVERY AND FOR SANCTIONS (DATED OCTOBER 14, 2022)
9
ACTION that YOU never met in person.
2
Resnonse: Objection. The question is overly burdensome. There are so many, I do not
3
remember, and I would be speculating.
4
Whv a further resnonse should not be ordered: Special interrogatory number 31 is subject to
proper objections as stated. It was properly answered by Jim Nord. Plaintiff, in propria persona
7
Richard Abel (hereinafter ABEL), has unclean hands to bring this March 8, 2023 discovery
motions against Jim Nord and Dale Davis in this action. (See accompanying request for judicial
notice items 1 and 2).
10 The [unclean 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 WineIv, Ltd. v. Sunerior
I3
Court ( 1 999) 76 Cal. App. 4'" 970, 978).
14
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 k
17
Savinas Bank v. Southern Pac. R. Co. (1935) 6 Cal. App. 2d 585, 589).
18
SPECIAL INTKRROGATORY NO. 32: Please IDKNTIKY all plaintiffs in the LIKBLING
19
20 ACTION that YOU have never spoken to.
21 Resnonse: Objection. The question is overly burdensome. There are so many, I do not
22
remember, and I would be speculating.
23
Whv a further resnonse should not be ordered: Special interrogatory number 32 is subject to
24
proper objections as stated. It was properly answered by Jim Nord. Plaintiff, in propria persona
25
Richard Abel (hereinafter ABEL), has unclean hands to bring this March 8, 2023 discovery
26
motions against Jim Nord and Dale Davis in this action. (See accompanying request for judicial
27
notice items 1 and 2).
28
SEPARATE STATEMENT IN OPPOSITION TO PLAINTIFF RICHARD ABEL'S MOTION To COMPEL JAMES NORD'S FURTHER
RESPONSES TO DISCOVERY AND FOR SANCTIONS (DATED OCTOBER 14, 2022)
10
The [unclean handsj 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 ofhis claim." (Kendall-Jackson Winerv. Ltd. v. Sunerior
Court (1999) 76 Cal. App. 4"'70, 978).
All courts have the power to compel obedience to its judgments, orders, or process, "and
6
must necessarily have it; otherwise, they could not protect themselves from insult, or enforce
7
obedience to their process. Without it they would be entirely powerless." (Securitv Trust &
8
9
Savinas Bank v. Southern Pac. R. Co. (I 935) 6 Cal. App. 2d 585, 589).
10 SPECIAL INTERROGATORY NO. 33: Please IDENTIFY all plaintiffs in the LIKBLING
ACTION that have never sent YOU any forms of written communication, such as an e-mail.
12
Resnonse: Objection. The question is overly burdensome. There are so many, I do not
13
remember, and I would be speculating.
14
Whv a further resnonse should not be ordered: Special interrogatory number 33 is subject to
proper objections as stated. It was properly answered by Jim Nord. Plaintiff, in propria persona
Richard Abel (hereinafter ABEL), has unclean hands to bring this March 8, 2023 discovery
I7
motions against Jim Nord and Dale Davis in this action. (See accompanying request for judicial
I 9 notice items I and 2).
20 The [unclean 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 Winerv, Ltd. v. Sunerior
23 Court (1999) 76 Cal. App. 4"'70, 978).
All courts have the power to compel obedience to its judgments, orders, or process, "and
26 must necessarily have it; otherwise, they could not protect themselves from insult, or enforce
26
obedience to their process. Without it they would be entirely powerless." (Securitv Trust &
27
Savinas Bank v. Southern Pac. R. Co. (1935) 6 Cal. App. 2d 585, 589).
28
SEPARATE STATEMENT IN OPPOSITION TO PLAINTIFF RICHARD ABEL'S MOTION TO COMPEL JAMES NORD'S FORTHER
RFSPONSES TO DISCOVERY AND FOR SANCTIONS (DATED OCTOBER 14, 2022)
ll
SPECIAL INTKRROGATORY NO. 34: Please STATK with particularity each of the reasons
2
why YOUR lawyer rejected the Second Amended Judgment that Richard Abel drafted in 2020
3
for the LIKBLING ACTION.
Resnonse: Objection. This question invades the attorney client and work product
6 privileges. Without waiving such objections, Richard Abel failed to comply with the terms of the
court order to draft a proper second amended judgment against Robert Zuckerman.
Whv a further resnonse should not be ordered: Special interrogatory number 34 is subject to
proper objections as stated. It was properly answered by Jim Nord. Plaintiff, in propria persona
10
Richard Abel (hereinafter ABEL), has unclean hands to bring this March 8, 2023 discovery
motions against Jim Nord and Dale Davis in this action. (See accompanying request for judicial
12
notice items 1 and 2).
13
The [unclean hands] doctrine demands that a plaintiff act fairly in the matter for which he
14
seeks a remedy. He must come into court with clean hands, and keep them clean, or he will be
15
denied relief, regardless of the merits of his claim." (Kendall-Jackson Winerv, Ltd. v. Sunerior
16
Court (1999) 76 Cal. App. 4"'70, 978).
17
All courts have the power to compel obedience to its judgments, orders, or process, "and
18
must necessarily have it; otherwise, they could not protect themselves from insult, or enforce
19
2&,
obedience to their process. Without it they would be entirely powerless." (Securitv Trust &
21 Savinas Bank v. Southern Pac. R. Co. (1935) 6 Cal. App. 2d 585, 589).
SPECIAL INTERROGATORY NO. 35: Please IDENTIFY all PERSONS who would receive
23
money as their share of a settlement if a settlement agreement is reached in the LIKBLING
24
ACTION with Robert Zuckerman. (IDKNTIFY here means to identify each by name, address,
25
26 and telephone number.)
27 Resnonse: Objection. This calls for a legal conclusion and analysis and is speculative.
28
Whv a further resnonse should not be ordered: Special interrogatory number 35 is subject to
NORD'S PURTHER
SEPARATE STATEMENT IN OPPOSITION TO PLAINTIPP RICHARD ABEL'S MOTION TO COMPEL JAMES
RESPONSES TO DISCOVERY AND POR SANCTIONS (DATED OCTOBER 14, 2022)
12
proper objections as stated. Plaintiff, in propria persona Richard Abel (hereinafter ABEL), has
unclean hands to bring this March 8, 2023 discovery motions against Jim Nord and Dale Davis
in this action. (See accompanying request for judicial notice items I and 2).
The [unclean 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 Winerv. 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
9
must necessarily have it; otherwise, they could not protect themselves from insult, or enforce
10
obedience to their process. Without it they would be entirely powerless." (Securitv Trust &
11
Savinas Bank v. Southern Pac. R. Co. (1935) 6 Cal. App. 2d 585, 589).
13
Date; December~, 2022
15
Edward Mc tchan
Attorney for ants DALE DAVIS sued as
DOE 4, JAMES NORD aka JIM NORD as an
17 individual and on behalf of the Patrick Trust and
10
Mein Trust sued as DOE 5, JACINDA DUVAL
SUED AS DOE 7, BILL HING SUED AS DOE 8,
19 LENORA VERNE PUNG SUED AS DOE 9,
JUSTIN POENG SUED AS DOE 11, MATTHEW
20 AS DOE
ZDANEK SUED 16
21
22
23
25
26
27
28
SEPARATE STATEMENT IN OPPOSITION TO PLAINTIFF RICHARD ABEL'S MOTION TO COMPEL JAMES NORD'S PURTHER
RESPONSES TO DISCOVERY AND FOR SANCTIONS (DATED OCTOBER I4, 2022)
13
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.
On this date, December &P~, 2022, I served the within SEPARATE STATEMENT IN
OPPOSITION TO PLAINTIFF RICHARD ABEL'S MOTION TO COMPEL JAMES
9 NORD'S FURTHER RESPONSES TO DISCOVERY AND FOR SANCTIONS (DATED
OCTOBER 14, 2022) on the interested parties in said action, including a nTJe copy thereof, and
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served the same on the parties/counsel addressed as follows:
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PLEASE SEE ATTACHED SERVICE LIST
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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,
15 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):
19
One Legal's electronic service program. Using One Legal's electronic
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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.
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22 Personal Service - 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 foregoi~ is true and correct and this document
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is executed at Healdsburg, California on December ~A, 2022.
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28 EDWARD McCU CHAN
SEPARATE STATEMENT IN OPPOSITION TO PLAINTIFF RICHARD ABEL'S MOTION TO COMPEL JAMES NORD'S FURTI.IER
RESPONSES TO DISCOVERY AND POR SANCTIONS (DATED OCTOBER 14, 2022)
I4
SERVICE LIST
Preview
Edward McCutchan (SBN 119376) SUNDKRLAND ~ McCUTCHAN, LLP 1083 Vine Street, Suite 907 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 5 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, SEPARATE STATEMENT IN OPPOSITION TO PLAINTIFF vs RICHARD ABEL'S MOTION TO COMPEL JAMES NORD'S FURTHER 17 ) RESPONSES TO DISCOVERY AND FOR B. EDWARD McCUTCHAN, JR., an ) SANCTIONS (DATED OCTOBER 14, individual; SUNDERLAND ~ McCUTCHAN, 2022) LL P, a g e n e r a I p a r t n e r s h i p; a nd D 0 E S I I5 through 100, inclusive. Hearing Date: March 8, 2023 Time: 3:00 p.m. 20 Dept.: 18 Defendants. ) 21 ) The Honorable Christopher Honigsberg 22 23 TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD: This separate statement is hereby submitted by Defendant, Jim Nord ("hereinafter 25 "NORD" sued as DOE 5), in opposition to in propria persona plaintiff Richard Abel's 26 (hereinafter "ABEL") motion to compel written discovety that he dated October 14, 2022. 27 28 SEPARATE STATEMENT IN OPPOSITION TO PLAINTIFF RICHARD ABEL'S MOTION TO COMPEL JAMES NORD'S FURTHER RESPONSES TO DISCOVERY AND FOR SANCTIONS (DATED OCTOBER 14, 2022) I JIM NORD'S AUGUST 31, 2022 SERVED RESPONSES TO RICHARD ABEL'S SPECIAL INTERROGATORIES SKT ONK SPECIAL INTERROGATORY NO. 1: Please IDENTIFY each action that Edward McCutchan took in Sonoma County Superior Court Case mimber SCV-245738 entitled Liebling 5 v. Goodrich (herein referred to as the "LIKBLING ACTION" ) which YOU did not authorize (The term "YOU" herein means Jim Nord). 7 Response: Objection. The terms "authorize" and "action" are overbroad and not 9 specifically directed to a specific event, pleading, letter and the like. The question needs to be specifically asked. 11 Whv a further response should not be ordered: Special interrogatory number 1 is subject to 12 proper objections as stated. Plaintiff, in propria person Richard Abel (hereinafter ABEL), has unclean hands to bring this March 8, 2023 discovery motions against Jim Nord and Dale Davis 14 in this action. (See accompanying request for judicial notice items 1 and 2). 15 The [unclean hands] doctrine demands that a plaintiff act fairly in the matter for which he 16 seeks a remedy. He must come into court with clean hands, and keep them clean, or he will be 17 denied relief, regardless of the merits ofhis claim." (Kendall-Jackson Wineiv, Ltd. v. Superior 18 Court (1999) 76 Cal. App. 4"'70, 978). 19 All courts have the power to compel obedience to its judgments, orders, or process, "and 20 must necessarily have it; otherwise, they could not protect themselves from insult, or enforce 21 obedience to their process. Without it they would be entirely powerless." (Securitv Trust Ec Savinvs Bank v. Southern Pac. R. Co. (1935) 6 Cal. App. 2d 585, 589). 24 SPECIAL INTERROGATORY NO. 2: Please IDENTIFY all fee agreements that YOU 25 signed with Sunderland/McCutchan for representing YOU in the LIKBLING ACTION by the 26 d a te o f e ac h 20 Response: The 2009 retainer agreement that all of the plaintiffs in the Lieblina action SEPARATE STATEMENT IN OPPOSITION To PLAINTIFF RICHARD ABEL'S MOTION TO COMPEL JAMES NORD'S FURTHER RESPONSES To DISCOVERY AND FOR SANCTIONS (DATED OCTOBER l4, 2022) 2 signed for the litigation aspect including Richard Abel who has a copy of such agreement. Any 2 other agreement pertaining to the Lieblinu lawsuit such as for collection or appeal is objected to 3 on my Constitutional Right of Privacy and attorney client privilege. Whv a further resnonse should not be ordered: Special interrogatory number 2 is subject to proper objections as stated. It was properly answered by Jim Nord. Plaintiff, in propria persona 7 Richard Abel (hereinafter ABEL), has unclean hands to bring this March 8, 2023 discovery motions against Jim Nord and Dale Davis in this action. (See accompanying request for judicial notice items 1 and 2). 10 The [unclean 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." (Kend all- Jackson Winerv. Ltd. v. Sunerior I3 Court ( 1 999) 76 Cal. App. 4"'70, 978) All courts have the power to compel obedience to its judgments, orders, or process, "and 15 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 //6 17 Savinas Bank v. Southern Pac. R. Co. (1935) 6 Cal. App. 2d 585, 589). 18 SPECIAL INTERROGATORY NO. 4: Please STATE all the reasons why YOU are still 19 paying Sunderland/McCutchan to represent YOU in the LIKBLING ACTION. 21 Resnonse: Objection. This question violates my Constitutional Right of Privacy and the 22 attorney client privilege. 23 Whv a further resnonse should not be ordered: Special interrogatory number 4 is subject to 24 proper objections as stated. Plaintiff, in propria persona Richard Abel (hereinafter ABEL), has 25 unclean hands to bring this March 8, 2023 discovery motions against Jim Nord and Dale Davis 26 in this action. (See accompanying request for judicial notice items 1 and 2). 27 The [unclean hands] doctrine demands that a plaintiff act fairly in the matter for which he 28 SEPARATE STATEMENT IN OPPOSITION TO PLAINTIPP RICI.IARD ABEL'S MOTION TO COMPEL JAMES NORD'S PURTHER RESPONSES TO DISCOVERY AND POR SANCTIONS (DATED OCTOBER 14, 2022) 3 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 Winetv. Ltd. v. Sunerior Court (1999) 76 Cal 4IR 970 978) App All courts have the power to compel obedience to its judgments, orders, or process, "and 5 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 & 7 Savinvs Bank v. Southern Pac. R. Co. (1935) 6 Cal. App. 2d 585, 589). 9 SPECIAL INTERROGATORY NO. 5: Please STATE all the reasons why YOU paid Sunderland/McCutchan to write an appeal brief for YOU in 2022 for Robert Zuckerman's 11 appeal. 12 Resnonse: Objection. This question invades the attorney client and work product 13 I 4 Privileges and violates my Constitutional Right of Privacy. Whv a further resnonse should not be ordered: Special interrogatory number 5 is subject to J6 proper objections as stated. Plaintiff, in propria persona Richard Abel (hereinafter ABEL), has unclean hands to bring this March 8, 2023 discovery motions against Jim Nord and Dale Davis ts in this action. (See accompanying request for judicial notice items 1 and 2). The [unclean hands] doctrine demands that a plaintiff act fairly in the matter for which he 2c seeks a remedy. He must come into court with clean hands, and keep them clean, or he will be 2J denied relief, regardless of the merits ofhis claim." (Kendall-Jackson Winerv, Ltd. v. Sunerior 22 Court (1999) 76 Cal. App. 4'" 970, 978). 23 All courts have the power to compel obedience to its judgments, orders, or process, "and 24 must necessarily have it; otherwise, they could not protect themselves from insult, or enforce 25 obedience to their process. Without it they would be entirely powerless." (Securitv Trust & 26 Savinas Bank v. Southern Pac. R. Co. (1935) 6 Cal. App. 2d 585, 589). 27 SPECIAL INTERROGATORY NO. 6: Please IDENTIFY all PERSONS who YOU contend SEPARATE STATEMENT IN OPPOSITION TO PLAINTIPP RICHARD ABEL'S MOTION TO COMPEL JAMES NORD'S FURTHER RESPONSES TO DISCOVERY AND FOR SANCTIONS (DATED OCTOBER 14, 2022) 4 made the errors in drafting the proposed judgments in the LIKBLING ACTION. 2 Response: Objection. This question assumes that there were errors in any proposed 3 Judgment in the Lieblina litigation matter. The August 4, 2021 Second Amended judgement in 4 the litigated Liebline action is a final judgment and controls that Richard Abel did not appeal. 5 Richard Abel claims assignments from former plaintiffs who requested to be dismissed from the Liebline action and were dismissed as stated in weekly status reports and billings. Richard Abel 8 has yet to provide any proof that his claimed written assignments that are not notarized were 9 obtained before these plaintiffs were dismissed. Many of Richard Abel's claimed signed 10 assignments that are not notarized are dated after the named former plaintiff was dismissed in the Lieblinu action. Richard Abel received the proposed October 2016 judgment in an email before 13 it was submitted to the court for review, signature, and filing. Richard Abel never voiced any 14 criticisms regarding the October 2016 proposed judgment or the first amended March 20, 2017 15 16 judgment until years later. I 7 Whv a further resnonse should not be ordered: Jim Nord properly answered special 10 interrogatoiy number 6. Plaintiff, in propria persona Richard Abel (hereinafter ABEL), has unclean hands to bring this March 8, 2023 discovery motions against Jim Nord and Dale Davis 20 in this action. (See accompanying request for judicial notice items I and 2). 21 The [unclean 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 23 denied relief, regardless of the merits of his claim." (Kendall-Jackson Winetv, Ltd. v. Sunerior 24 Court (1999) 76 Cal. App. 4@ 970, 978). 25 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 27 obedience to their process. Without it they would be entirely powerless." (Securitv Trust Bc 28 Savinas Bank v. Southern Pac. R. Co. (1935) 6 Cal. App. 2d 585, 589). SEPARATE STATEMENT IN OPPOSITION TO PLAINTIPP RICHARD ABEL'S MOTION TO COMPEL JAMES NORD'S FUITTI.IER RESPONSES TO DISCOVERY AND FOR SANCTIONS (DATED OCTOBER 14, 2022) 5 SPECIAL INTERROGATORY NO. 7: Please STATK all facts supporting YOUR reasons 2 for why YOU are still pursuing Robert Zuckeiman after he filed bankruptcy in 2018. 3 Resnonse: Objection. This question invades the attorney client and work product privileges and violates my Constitutional Right of Privacy, Whv a further resnonse should not be ordered: Special interrogatory number 7 is subject to 7 proper objections as stated. Plaintiff, in propria person Richard Abel (hereinafter ABEL), has s unclean hands to bring this March 8, 2023 discoveiy motions against Jim Nord and Dale Davis 9 in this action. (See accompanying request for judicial notice items 1 and 2). 10 The [unclean 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 12 denied relief, regardless of the merits of his claim." (Kendall-Jackson Winerv. Ltd. v. Sunerior 13 Court (1999) 76 Cal. App. 4'" 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 16 obedience to their process. Without it they would be entirely powerless." (Securitv Trust k, 17 Savinas Bank v. Southern Pac. R. Co. (1935) 6 Cal. App. 2d 585, 589). 18 SPKCIAL INTERROGATORY NO. 9: Please IDKNTIFY which defendants in the 20 LIKBLING ACTION did not file bankruptcy. 21 Resnonse: I do not remember all. Peter Skarpias, John Cruikshank, the Nevada Limited 22 Liability Companies, Fidelity Title, Jeff Greene, Charles Reeder are some. 23 24 Whv a further resnonse should not be ordered: Special interrogatoty number 9 was properly answered by Jim Nord. Plaintiff, in propria persona Richard Abel (hereinafter ABEL), has 25 unclean hands to bring this March 8, 2023 discoveiy motions against Jim Nord and Dale Davis 26 in this action. (See accompanying request for judicial notice items I and 2). 27 The [unclean hands] doctrine demands that a plaintiff act fairly in the matter for which he 28 SEPARATE STATEMENT IN OPPOSITION TO PLAINTIPP RICHARD ABEL'S MOTION TO COMPEL JAMES NORD'S PURTHER RESPONSES TO DISCOVERY AND FOR SANCTIONS (DATED OCTOBER 14, 2022) 6 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 Winerv, Ltd. v. Sunerior Court (1999) 76 Cal. App. 4"'70, 978). All courts have the power to compel obedience to its judgments, orders, or process, "and 5 must necessarily have it; otherwise, they could not protect themselves from insult, or enforce 6 obedience to their process. Without it they would be entirely powerless." (Securitv Tmst & 7 Savinas Bank v. Southern Pac. R. Co. (1935) 6 Cal. App. 2d 585, 589). SPECIAL INTERROGATORY NO. 10: Please STATE the percentage (%) of any monetary recovery in the LIKBLING ACTION that YOU think would be a reasonable fee for 11 Sunderland/McCutchan. 12 Resnonse: The $ 250.00 hourly rate plus 15% of what was recovered in settlement as 13 agreed to in the 2009 fee agreement. Whv a further resnonse should not be ordered: Special interrogatory number 10 was properly I-6 answered by Jim Nord. Plaintiff, in propria persona Richard Abel (hereinafter ABEL), has unclean hands to bring this March 8, 2023 discovery motions against Jim Nord and Dale Davis ra in this action. (See accompanying request for judicial notice items 1 and 2). The [unclean hands] doctrine demands that a plaintiff act fairly in the matter for which he 2e seeks a remedy. He must come into court with clean hands, and keep them clean, or he will be 22 denied relief, regardless of the merits of his claim." (Kendall-Jackson Winetv. Ltd. v. Suoerior 22 Court (1999) 76 Cal. App. 4ra970, 978). 23 All courts have the power to compel obedience to its judgments, orders, or process, "and 24 must necessarily have it; otherwise, they could not protect themselves from insult, or enforce 25 obedience to their process. Without it they would be entirely powerless." (Securitv Trust & 26 Savinas Bank v. Southern Pac. R. Co. (1935) 6 Cal. App. 2d 585, 589). 27 SPECIAL INTERROGATORY NO. 16: Please STATE the amount YOU think is a SEPARATE STATEMENT IN OPPOSITION To PLAINTIFF RICHARD ABEL'S MOTION TO COMPEL JAMES NORD'S FURTHER RESPONSES TO DISCOVERY AND FOR SANCTIONS (DATED OCTOBER 14, 2022) 7 reasonable fee based on quantum meruit for Sunderland/McCutchan in the LIEBLING ACTION. 3 Resnonse: $ 350.00 per hour or more. 4 Whv a further resnonse should not be ordered: Jim Nord properly answered special interrogatory number 16. Plaintiff, in propria persona Richard Ab'el (hereinafter ABEL), has 7 unclean hands to bring this March 8, 2023 discovery motions against Jim Nord and Dale Davis in this action. (See accompanying request for judicial notice items I and 2). The [unclean handsj doctrine demands that a plaintiff act fairly in the matter for which he 18 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 Winerv, Ltd. v. Sunerior Court (1999) 76 Cal. App. 4'" 970, 978). 13 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 k, 16 Savinas Bank v. Southern Pac. R. Co. (1935) 6 Cal. App. 2d 585, 589). 17 SPECIAL INTERROGATORY NO. 24: Please DESCRIBE all facts supporting YOUR 18 I 9 reasons for not seeking a refund from Sunderland/McCutchan. 20 Resnonse: Objection. This request violates my Constitutional Right of Privacy and the 21 attorney client privilege. Without waiving this objection, I do not believe that I am owed a refund 22 from Sunderland i McCutchan, LLP. 23 Whv a further resnonse should not be ordered: Special interrogatory number 24 is subject to 24 proper objections as stated. It was properly answered by Jim Nord. Plaintiff, in propria persona 25 Richard Abel (hereinafter ABEL), has unclean hands to bring this March 8, 2023 discovety 26 motions against Jim Nord and Dale Davis in this action. (See accompanying request for judicial 27 notice items I and 2). 28 SEPARATE STATEMENT IN OPPOSITION TO PLAINTIFF RICHARD ABEL'S MOTION TO COMPEL JAMES NORD'S PURTHER RESPONSES TO DISCOVERY AND FOR SANCTIONS (DATED OCTOBER l4, 2022) 8 1 The [unclean 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 Winerv. Ltd. v. Sunerior Court (1999) 76 Cal. 418 970, 978). App. 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 7 obedience to their process. Without it they would be entirely powerless." (Securitv Trust & 8 9Savinvs Bank v.Southern Pac.R.Co.(1935)6Cal.App.2d 585,589). 18 SPECIAL INTERROGATORY NO. 28: Please DESCRIBE all facts that explain YOUR reasons for why YOU continued to pursue Robert Zuckerman in litigation after April 2, 2014. 12 Resnonse: Objection, This request violates my Constitutional Right of Privacy and the 13 attorney client privilege. 14 Whv a further resnonse should not be ordered: Special interrogatory number 28 is subject to proper objections as stated. Plaintiff, in propria persona Richard Abel (hereinafter ABEL), has 7 unclean hands to bring this March 8, 2023 discovery motions against Jim Nord and Dale Davis in this action. (See accompanying request for judicial notice items 1 and 2). 19 The [unclean 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 Winetv. Ltd. v. Sunerior Court (1999) 76 Cal. App. 4"'70, 978). 23 All courts have the power to compel obedience to its judgments, orders, or process, "and 24 must necessarily have it; otherwise, they could not protect themselves from insult, or enforce 25 obedience to their process. Without it they would be entirely powerless." (Securitv Trust & 26 Savinas Bank v. Southern Pac. R. Co. (1935) 6 Cal. App. 2d 585, 589). 27 SPECIAL INTERROGATORY NO. 31: Please IDKNTIITY all plaintiffs in the LIKBLING 28 SEPARATE STATEMENT IN OPPOSITION TO PLAINTIPP RICHARD ABEL'S MOTION TO COMPEL JAMES NORD'S FURTHER RESPONSES TO DISCOVERY AND FOR SANCTIONS (DATED OCTOBER 14, 2022) 9 ACTION that YOU never met in person. 2 Resnonse: Objection. The question is overly burdensome. There are so many, I do not 3 remember, and I would be speculating. 4 Whv a further resnonse should not be ordered: Special interrogatory number 31 is subject to proper objections as stated. It was properly answered by Jim Nord. Plaintiff, in propria persona 7 Richard Abel (hereinafter ABEL), has unclean hands to bring this March 8, 2023 discovery motions against Jim Nord and Dale Davis in this action. (See accompanying request for judicial notice items 1 and 2). 10 The [unclean 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 WineIv, Ltd. v. Sunerior I3 Court ( 1 999) 76 Cal. App. 4'" 970, 978). 14 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 k 17 Savinas Bank v. Southern Pac. R. Co. (1935) 6 Cal. App. 2d 585, 589). 18 SPECIAL INTKRROGATORY NO. 32: Please IDKNTIKY all plaintiffs in the LIKBLING 19 20 ACTION that YOU have never spoken to. 21 Resnonse: Objection. The question is overly burdensome. There are so many, I do not 22 remember, and I would be speculating. 23 Whv a further resnonse should not be ordered: Special interrogatory number 32 is subject to 24 proper objections as stated. It was properly answered by Jim Nord. Plaintiff, in propria persona 25 Richard Abel (hereinafter ABEL), has unclean hands to bring this March 8, 2023 discovery 26 motions against Jim Nord and Dale Davis in this action. (See accompanying request for judicial 27 notice items 1 and 2). 28 SEPARATE STATEMENT IN OPPOSITION TO PLAINTIFF RICHARD ABEL'S MOTION To COMPEL JAMES NORD'S FURTHER RESPONSES TO DISCOVERY AND FOR SANCTIONS (DATED OCTOBER 14, 2022) 10 The [unclean handsj 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 ofhis claim." (Kendall-Jackson Winerv. Ltd. v. Sunerior Court (1999) 76 Cal. App. 4"'70, 978). All courts have the power to compel obedience to its judgments, orders, or process, "and 6 must necessarily have it; otherwise, they could not protect themselves from insult, or enforce 7 obedience to their process. Without it they would be entirely powerless." (Securitv Trust & 8 9 Savinas Bank v. Southern Pac. R. Co. (I 935) 6 Cal. App. 2d 585, 589). 10 SPECIAL INTERROGATORY NO. 33: Please IDENTIFY all plaintiffs in the LIKBLING ACTION that have never sent YOU any forms of written communication, such as an e-mail. 12 Resnonse: Objection. The question is overly burdensome. There are so many, I do not 13 remember, and I would be speculating. 14 Whv a further resnonse should not be ordered: Special interrogatory number 33 is subject to proper objections as stated. It was properly answered by Jim Nord. Plaintiff, in propria persona Richard Abel (hereinafter ABEL), has unclean hands to bring this March 8, 2023 discovery I7 motions against Jim Nord and Dale Davis in this action. (See accompanying request for judicial I 9 notice items I and 2). 20 The [unclean 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 Winerv, Ltd. v. Sunerior 23 Court (1999) 76 Cal. App. 4"'70, 978). All courts have the power to compel obedience to its judgments, orders, or process, "and 26 must necessarily have it; otherwise, they could not protect themselves from insult, or enforce 26 obedience to their process. Without it they would be entirely powerless." (Securitv Trust & 27 Savinas Bank v. Southern Pac. R. Co. (1935) 6 Cal. App. 2d 585, 589). 28 SEPARATE STATEMENT IN OPPOSITION TO PLAINTIFF RICHARD ABEL'S MOTION TO COMPEL JAMES NORD'S FORTHER RFSPONSES TO DISCOVERY AND FOR SANCTIONS (DATED OCTOBER 14, 2022) ll SPECIAL INTKRROGATORY NO. 34: Please STATK with particularity each of the reasons 2 why YOUR lawyer rejected the Second Amended Judgment that Richard Abel drafted in 2020 3 for the LIKBLING ACTION. Resnonse: Objection. This question invades the attorney client and work product 6 privileges. Without waiving such objections, Richard Abel failed to comply with the terms of the court order to draft a proper second amended judgment against Robert Zuckerman. Whv a further resnonse should not be ordered: Special interrogatory number 34 is subject to proper objections as stated. It was properly answered by Jim Nord. Plaintiff, in propria persona 10 Richard Abel (hereinafter ABEL), has unclean hands to bring this March 8, 2023 discovery motions against Jim Nord and Dale Davis in this action. (See accompanying request for judicial 12 notice items 1 and 2). 13 The [unclean hands] doctrine demands that a plaintiff act fairly in the matter for which he 14 seeks a remedy. He must come into court with clean hands, and keep them clean, or he will be 15 denied relief, regardless of the merits of his claim." (Kendall-Jackson Winerv, Ltd. v. Sunerior 16 Court (1999) 76 Cal. App. 4"'70, 978). 17 All courts have the power to compel obedience to its judgments, orders, or process, "and 18 must necessarily have it; otherwise, they could not protect themselves from insult, or enforce 19 2&, obedience to their process. Without it they would be entirely powerless." (Securitv Trust & 21 Savinas Bank v. Southern Pac. R. Co. (1935) 6 Cal. App. 2d 585, 589). SPECIAL INTERROGATORY NO. 35: Please IDENTIFY all PERSONS who would receive 23 money as their share of a settlement if a settlement agreement is reached in the LIKBLING 24 ACTION with Robert Zuckerman. (IDKNTIFY here means to identify each by name, address, 25 26 and telephone number.) 27 Resnonse: Objection. This calls for a legal conclusion and analysis and is speculative. 28 Whv a further resnonse should not be ordered: Special interrogatory number 35 is subject to NORD'S PURTHER SEPARATE STATEMENT IN OPPOSITION TO PLAINTIPP RICHARD ABEL'S MOTION TO COMPEL JAMES RESPONSES TO DISCOVERY AND POR SANCTIONS (DATED OCTOBER 14, 2022) 12 proper objections as stated. Plaintiff, in propria persona Richard Abel (hereinafter ABEL), has unclean hands to bring this March 8, 2023 discovery motions against Jim Nord and Dale Davis in this action. (See accompanying request for judicial notice items I and 2). The [unclean 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 Winerv. 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 9 must necessarily have it; otherwise, they could not protect themselves from insult, or enforce 10 obedience to their process. Without it they would be entirely powerless." (Securitv Trust & 11 Savinas Bank v. Southern Pac. R. Co. (1935) 6 Cal. App. 2d 585, 589). 13 Date; December~, 2022 15 Edward Mc tchan Attorney for ants DALE DAVIS sued as DOE 4, JAMES NORD aka JIM NORD as an 17 individual and on behalf of the Patrick Trust and 10 Mein Trust sued as DOE 5, JACINDA DUVAL SUED AS DOE 7, BILL HING SUED AS DOE 8, 19 LENORA VERNE PUNG SUED AS DOE 9, JUSTIN POENG SUED AS DOE 11, MATTHEW 20 AS DOE ZDANEK SUED 16 21 22 23 25 26 27 28 SEPARATE STATEMENT IN OPPOSITION TO PLAINTIFF RICHARD ABEL'S MOTION TO COMPEL JAMES NORD'S PURTHER RESPONSES TO DISCOVERY AND FOR SANCTIONS (DATED OCTOBER I4, 2022) 13 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. On this date, December &P~, 2022, I served the within SEPARATE STATEMENT IN OPPOSITION TO PLAINTIFF RICHARD ABEL'S MOTION TO COMPEL JAMES 9 NORD'S FURTHER RESPONSES TO DISCOVERY AND FOR SANCTIONS (DATED OCTOBER 14, 2022) on the interested parties in said action, including a nTJe copy thereof, and 10 served the same on the parties/counsel addressed as follows: 11 PLEASE SEE ATTACHED SERVICE LIST 12 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, 15 whereby the mail is deposited in a U.S. mailbox in the City of Healdsburg, California, after the close of the day's business. 16 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): 19 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 counsel by e-mailing a copy to each addressee named below. 21 22 Personal Service - I caused to be delivered such envelope(s) to the addressee(s) at the address(es) set forth below. 23 I declare under penalty of perjury that the foregoi~ is true and correct and this document 25 is executed at Healdsburg, California on December ~A, 2022. 26 27 28 EDWARD McCU CHAN SEPARATE STATEMENT IN OPPOSITION TO PLAINTIFF RICHARD ABEL'S MOTION TO COMPEL JAMES NORD'S FURTI.IER RESPONSES TO DISCOVERY AND POR SANCTIONS (DATED OCTOBER 14, 2022) I4 SERVICE LIST