Motion-Secondary: Rodney Abbott, et al vs. Ronald Paul Britschgi, et al

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     C. Athena Roussos (#192244)
                                                                    • tNDORSED
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     Attomey at Law
 2                                                                   201UUG-8 PH 12=146
     9630 Bmceville Road, Suite 106-386
 3   Elk Grove, CA 95757
     Telephone: (916)670-7901
                                                                      ^A(:f¥\MENTO COURTS
                                                                           DEPT. #53 #54
 4   Facsumle: (916)670-7921
     Email: athena(5),athenaroussoslaw.com
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     Attomey for Plaintiffs
 7   Rodney and Florentine Abbott
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 9                     SUPERIOR COURT FOR THE STATE OF CALIFORNIA

10                               FOR THE COUNTY OF SACRAMENTO

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     RODNEY ABBOTT, et al..                               CaseNo. 07AS04450
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13                 Plaintiffs,                            DECLARATION OF FLORENTINE
     vs.                                                  ABBOTT IN SUPPORT OF EX
14                                                        PARTE APPLICATION TO
15   RONALD PAUL BRITSCHGI, et al..                       CONTINUE HEARING ON
                                                          DEFENDANT'S MOTION FOR
16                 Defendants.                            ORDER COMPELLING BOND,
                                                          AND FOR LEAVE FOR
17                                                        PLAINTIFFS TO FILE LATE
18                                                        OPPOSITION

19                                                        Date:    August 9, 2011
                                                          Time:    1:30 p.m.
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                                                          Dept.:   43
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            I, Florentine Abbott, declare as follows:
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            1.      I am one of the Plaintiffs in this action, wife of Plaintiff Rodney Abbott. Except
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     where otherwise noted, I have personal knowledge of the matters stated in this declaration, and
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     if called upon to do so, could and would testify to these matters.
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                                 DECLARATION OF FLORENTINE ABBOTT. -1
 1          2.      I am requesting a continuance ofthe hearing of Defendant CA Construction's
 2 motion for an order compelling us to obtain a bond on appeal, because of extraordinary
 3 circumstances that have prevented us from being able to oppose this motion in a timely manner.
 4          3.      My brother committed suicide m early Jtme 2011, just two months ago. He shot
 5 himself right in front of my mother. Obviously, this suicide has had a terrible impact on me, my
 6 mother, and the rest ofmy family. My mother is elderly and has been in declining health, and
 7 her health has worsened considerably since my brother's suicide. While visiting my brother's
 8 grave recentiy on what would have been his 43rd birthday, my mother experienced trouble
 9 breathing and had to be taken to the emergency room. She has been diagnosed with lung failure
10 and was hospitalized for several days. She was just released from the hospital on August 4,
11   2011, but she needs an oxygen tank and requires in-home care. I have been overwhelmed
12 emotionally and physically by this whole situation. I have also had to spend a lot of time with
13 my mother, since she needs me during this difficult time.
14          4.      To make matters worse, my husband and I experienced a breakdown in our
15 relationship with our prior attomey, Stephanie Finelli, over the period from late June to mid-
16 July. Ms. Finelli requested that we agree to allow her to withdraw from the case, and imder the
17 chcumstances, we felt compelled to agree to her request. We were not aware of any motion
18 pending when we agreed to Ms. Finelli's withdrawal from the case.
19          5.      I did not receive a copy of CA Constmction's motion for an order compelling us
20 to obtain a bond on appeal until sometime in late July. I am not sure of the actual date. I was
21   not personally served with any documents on July 19, 2011 at my residence as stated in CA
22 Constmction's proof of service for the motion. My husband and I were in San Jose on July 19,
23   2011 at our son's championship baseball toumament. We did not get home until about
24 midnight that evening. I did not see any documents left for us at our residence. I later checked
25 the court's online docket and located the motion at that time. We also received a copy in the
26 mail from Ms. Finelli sometime toward the end of July.
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                                DECLARATION OF FLORENTINE ABBOTT. - 2
 1         6.     By the time we realized the motion was filed and an opposition needed to be
2 filed, there was not enough time to locate new counsel in time. I have also been overwhelmed
3 in my personal situation due to the circumstances discussed above.
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 5         I declare under penalty of perjury under the laws of the State of Califomia that the
6 foregoing is true and correct. Executed this              of August, 201i at
 7   f_A]r      Oc\tS        , California.
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 9                                               FLORENTINE ABBOTT
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                               DECLARATION OF FLORENTINE ABBOTT. - 3