Preview
1 Todd A. Jones (Bar No. 198024)
tjones@archemorris.com
2 Gregory K. Federico (Bar No. 242184)
gfederico@archemorris.com
3 ARCHER NORRIS r-^^^rpT/p l^ « ¥-» f »j l.-=«. (T^^'-'' ']
A Professional Law Corporation
4 301 University Avenue, Suite 110
Sacramento, California 95825-5537
5 Telephone: 916.646.2480 MAY 2 7 2011
Facsimile: 916.646.5696
6
Attomeys for Defendants and Cross-Defendants L WrutiiQld .
RICHARD KIRK RUYBALID, individually, and By
7 Dsputy Clerk
dba CA CONSTRUCTION
8
9 SUPERIOR COURT OF CALIFORNIA
10 COUNTY OF SACRAMENTO
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12 RODNEY ABBOTT and FLORENTINE CaseNo. 07AS04450
ABBOTT,
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Plaintiffs, NOTICE OF ENTRY OF ORDER
14 GRANTING DEFENDANT RICHARD K.
RUYBALID, INDIVIDUALLY AND DBA
15 CA CONSTRUCTION'S MOTION FOR
RONALD PAUL BRITSCHGI, et al., ATTORNEYS' FEES
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Defendants. Hearing Date: May 27, 2011
17 Time: 9:00 a.m
Dept.: 43
18 Judge: Brian Van Camp
19 Action Filed: September 24, 2007
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21 AND RELATED CROSS-ACTIONS.
22
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TO ALL PARTIES AND THEIR COUNSEL OF RECORD:
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PLEASE TAKE NOTICE that the Court entered the Order Granting Defendant Richard
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Kirk Ruybalid, individually and dba CA Constmction's Motion for Attomeys' Fees on May 27,
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2011. A copy ofthe Order is attached hereto as Exhibit "A."
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NIC341/I16I880-I 1
NOTICE OF ENTRY OF ORDER GRANTING CA CONSTRUCTION'S MOTION FOR ATTORNEYS' FEES
1 Dated: May 27, 2011 ARCHER NORRIS
2
3 M
Gregory K. Federico
4 Attomeys for Defendants and Cross-
Defendants RICHARD KIRK RUYBALID,
5 individually, and dba CA CONSTRUCTION
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NIC341/1161880-1
NOTICE OF ENTRY OF ORDER GRANTING CA CONSTRUCTION'S MOTION FOR ATTORNEYS' FEES
EXHIBIT "A
Tf A ?f
SUPERIOR COURT OF CAUFORNIA,
COUNTY OF SACRAMENTO
CIVIL
TENTATIVE RULINGS - May 24, 2011
EVENT DATE: 05/27/2011 EVENT TIME: 09:00:00 AM DEPT.: 43
JUDICIAL OFFICER:
CASE NO.: 07AS04450
CASE TITLE- RODNEY ABBOTT, ET AL VS. RONALD PAUL BRITSCHGI. ET AL
CASE CATEGORY: Civil - Unlimited CASE TYPE: Breach of ContractAA/arranty
EVENT TYPE: Motion for Attomey Fees - Post Tnal Motions
CAUSAL DOCUMENT/DATE FILED:
The motion of defendant Richard Kirk Ruybalid, individually and dba CA Construction, for an award of
contractual attorneys fees as costs pursuant to Civil Code section 1717 is granted in the amount of
$180,658.50 as set forth below.
The Court previously deferred ruling on the reasonable number of attorneys' hours claimed by
defendant to permit the parties to submit supplemental briefing on the issue. In that respect, defendant
was permitted to submit evidence of the work performed on his behalf in defense of the contract claims
in the action, and to redact all other work Included In the billing records which had only been submitted
upon defendant's reply. Plaintiff was then afforded an opportunity to respond
Defendant thereafter timely filed supplemental briefing and evidence which the Court has now
considered. Plaintiff filed a late response after the date scheduled by the Court for doing so.
Having considered the entire supplemented record now provided, and then detennining the
appropriate lodestar factors based upon that record, the Court now awards to defendant attorneys' fees
in the total amount of $180,658.50. This award is compnsed of $176,958.50 litigation defense fees, and
$3,700.00 for preparation of the fee motion. The Court has deducted from the amount claimed the sum
of $1,439.50 associated with the discovery motion prosecuted by defendant for which he was
sanctioned, and $27.00 of time conceded by defendant as to bankruptcy issues. The Court othenwise
finds that the time expended was reasonable and appropriate for the defense of the contract claims, and
that the hourly rates claimed are at or below the standard rates usually charged and awarded in this
area
The above ruling constitutes the Court's tentative decision and shall be the ruling of the Court on the
Motion, unless, by 400 pm, May 26, 2011, either party notifies the Court Clerk in Department 43, at
874-7561, to request oral argument. Such request must include the representation that the requesting
party has notified opposing counsel. If the request and affirmative representation have been made
timely, the Court will entertain oral argument on the date and time specified.
Event ID: 1560143 TENTATIVE RULINGS Calendar No
Page-1
1 PROOF OF SERVICE
2 Nameof Action: Rodney Abbott, et al. v. Ronald Paul Britschgi, et al.
Sacraniento County Superior Court Case No.: 07AS044S0
3
I, Cindy A. Ingland, declare that I am over the age of 18 years and not a party to this
4 action or proceeding. My business address is 301 University Avenue, Suite 110, Sacramento,
Califomia 95825. On May 27, 2011,1 caused the following document(s) to be served:
5
NOTICE OF ENTRY OF ORDER GRANTING DEFENDANT RICHARD K.
6 RUYBALID, INDIVIDUALLY AND DBA CA CONSTRUCTION'S MOTION FOR
ATTORNEY'S FEES
7
rn By placing a tme copy ofthe documents listed above, enclosed in a sealed envelope,
8 addressed as set forth below, for collection and mailing on the date and at the business
address shown above following our ordinary business practices. I am readily familiar
9
with this business' practice for collection and processing of correspondence for
20 mailing with the United States Postal Service. On the same day that a sealed envelope
is placed for collection and mailing, it is deposited in the ordinary course ofbusiness
11 with the United States Postal Service with postage fully prepaid.
12 j I By having a tme copy ofthe document(s) listed above transmitted by facsimile to the
person(s) at the facsimile number(s) set forth below before 5:00 p.m. The transmission
was reported as complete' without error by a report issued by the transmitting facsimile
J4 machine.
15 I3cl ^y placing a true copy ofthe document(s) listed above, in a box or other facility
regularly maintained by UPS, an express service carrier, or delivered to a courier or
16 driver authorized by the express service carrier to receive documents, in an envelope
designated by the express service carrier, with delivery fees paid or provided for,
^' addressed as set forth below
^^ Q bv having personal deliverv bv FIRST LEGAL SUPPORT SERVICES a true copv of
19 the document(s) listed above, enclosed in a sealed envelope, to the person(s) and at the
address(es) set forth below.
20
21 [SEE ATTACHED SERVICE LIST]
22 I declare under penalty ofperjury that the foregoing is tme and correct. Executed on May
27, 2011, at Sacramento, Califomia.
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(^W'^-^
r ^ CINDY A. INGLAND
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NIC341/608293-1
PROOF OF SERVICE
1 Service List
2
Stephanie Finelli PLAINTIFFS
3 Law Offices of Stephanie J. Finelli
1007 Seventh Street, Suite 500 Tel. (916)443-2144
4 Sacramento, CA 95814 Fax:(916)443-1511
E-mail- sfinelli700@yahoo.com
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Richard D. Sopp Counsel for CADRE DESIGN GROUP, INC.
6 Wheatley Sopp LLP
1004 River Rock Drive, Suite 245 Tel: (916) 988-3857
7 Folsom, CA 95630 Fax:(916)988-5296
Email rds@mwsblaw com
8
Mark Smith In Pro Per
9 8549 Willow Valley Place
Granite Bay, CA 95746
10 markdarlenesmith@gmail com
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NIC341/608293-I 2
SERVICE LIST
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1 Todd A. Jones (Bar No. 198024) tjones@archemorris.com 2 Gregory K. Federico (Bar No. 242184) gfederico@archemorris.com 3 ARCHER NORRIS r-^^^rpT/p l^ « ¥-» f »j l.-=«. (T^^'-'' '] A Professional Law Corporation 4 301 University Avenue, Suite 110 Sacramento, California 95825-5537 5 Telephone: 916.646.2480 MAY 2 7 2011 Facsimile: 916.646.5696 6 Attomeys for Defendants and Cross-Defendants L WrutiiQld . RICHARD KIRK RUYBALID, individually, and By 7 Dsputy Clerk dba CA CONSTRUCTION 8 9 SUPERIOR COURT OF CALIFORNIA 10 COUNTY OF SACRAMENTO 11 12 RODNEY ABBOTT and FLORENTINE CaseNo. 07AS04450 ABBOTT, 13 Plaintiffs, NOTICE OF ENTRY OF ORDER 14 GRANTING DEFENDANT RICHARD K. RUYBALID, INDIVIDUALLY AND DBA 15 CA CONSTRUCTION'S MOTION FOR RONALD PAUL BRITSCHGI, et al., ATTORNEYS' FEES 16 Defendants. Hearing Date: May 27, 2011 17 Time: 9:00 a.m Dept.: 43 18 Judge: Brian Van Camp 19 Action Filed: September 24, 2007 20 21 AND RELATED CROSS-ACTIONS. 22 23 TO ALL PARTIES AND THEIR COUNSEL OF RECORD: 24 PLEASE TAKE NOTICE that the Court entered the Order Granting Defendant Richard 25 Kirk Ruybalid, individually and dba CA Constmction's Motion for Attomeys' Fees on May 27, 26 2011. A copy ofthe Order is attached hereto as Exhibit "A." 27 /// 28 NIC341/I16I880-I 1 NOTICE OF ENTRY OF ORDER GRANTING CA CONSTRUCTION'S MOTION FOR ATTORNEYS' FEES 1 Dated: May 27, 2011 ARCHER NORRIS 2 3 M Gregory K. Federico 4 Attomeys for Defendants and Cross- Defendants RICHARD KIRK RUYBALID, 5 individually, and dba CA CONSTRUCTION 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22, 23 24 25 26 27 28 NIC341/1161880-1 NOTICE OF ENTRY OF ORDER GRANTING CA CONSTRUCTION'S MOTION FOR ATTORNEYS' FEES EXHIBIT "A Tf A ?f SUPERIOR COURT OF CAUFORNIA, COUNTY OF SACRAMENTO CIVIL TENTATIVE RULINGS - May 24, 2011 EVENT DATE: 05/27/2011 EVENT TIME: 09:00:00 AM DEPT.: 43 JUDICIAL OFFICER: CASE NO.: 07AS04450 CASE TITLE- RODNEY ABBOTT, ET AL VS. RONALD PAUL BRITSCHGI. ET AL CASE CATEGORY: Civil - Unlimited CASE TYPE: Breach of ContractAA/arranty EVENT TYPE: Motion for Attomey Fees - Post Tnal Motions CAUSAL DOCUMENT/DATE FILED: The motion of defendant Richard Kirk Ruybalid, individually and dba CA Construction, for an award of contractual attorneys fees as costs pursuant to Civil Code section 1717 is granted in the amount of $180,658.50 as set forth below. The Court previously deferred ruling on the reasonable number of attorneys' hours claimed by defendant to permit the parties to submit supplemental briefing on the issue. In that respect, defendant was permitted to submit evidence of the work performed on his behalf in defense of the contract claims in the action, and to redact all other work Included In the billing records which had only been submitted upon defendant's reply. Plaintiff was then afforded an opportunity to respond Defendant thereafter timely filed supplemental briefing and evidence which the Court has now considered. Plaintiff filed a late response after the date scheduled by the Court for doing so. Having considered the entire supplemented record now provided, and then detennining the appropriate lodestar factors based upon that record, the Court now awards to defendant attorneys' fees in the total amount of $180,658.50. This award is compnsed of $176,958.50 litigation defense fees, and $3,700.00 for preparation of the fee motion. The Court has deducted from the amount claimed the sum of $1,439.50 associated with the discovery motion prosecuted by defendant for which he was sanctioned, and $27.00 of time conceded by defendant as to bankruptcy issues. The Court othenwise finds that the time expended was reasonable and appropriate for the defense of the contract claims, and that the hourly rates claimed are at or below the standard rates usually charged and awarded in this area The above ruling constitutes the Court's tentative decision and shall be the ruling of the Court on the Motion, unless, by 400 pm, May 26, 2011, either party notifies the Court Clerk in Department 43, at 874-7561, to request oral argument. Such request must include the representation that the requesting party has notified opposing counsel. If the request and affirmative representation have been made timely, the Court will entertain oral argument on the date and time specified. Event ID: 1560143 TENTATIVE RULINGS Calendar No Page-1 1 PROOF OF SERVICE 2 Nameof Action: Rodney Abbott, et al. v. Ronald Paul Britschgi, et al. Sacraniento County Superior Court Case No.: 07AS044S0 3 I, Cindy A. Ingland, declare that I am over the age of 18 years and not a party to this 4 action or proceeding. My business address is 301 University Avenue, Suite 110, Sacramento, Califomia 95825. On May 27, 2011,1 caused the following document(s) to be served: 5 NOTICE OF ENTRY OF ORDER GRANTING DEFENDANT RICHARD K. 6 RUYBALID, INDIVIDUALLY AND DBA CA CONSTRUCTION'S MOTION FOR ATTORNEY'S FEES 7 rn By placing a tme copy ofthe documents listed above, enclosed in a sealed envelope, 8 addressed as set forth below, for collection and mailing on the date and at the business address shown above following our ordinary business practices. I am readily familiar 9 with this business' practice for collection and processing of correspondence for 20 mailing with the United States Postal Service. On the same day that a sealed envelope is placed for collection and mailing, it is deposited in the ordinary course ofbusiness 11 with the United States Postal Service with postage fully prepaid. 12 j I By having a tme copy ofthe document(s) listed above transmitted by facsimile to the person(s) at the facsimile number(s) set forth below before 5:00 p.m. The transmission was reported as complete' without error by a report issued by the transmitting facsimile J4 machine. 15 I3cl ^y placing a true copy ofthe document(s) listed above, in a box or other facility regularly maintained by UPS, an express service carrier, or delivered to a courier or 16 driver authorized by the express service carrier to receive documents, in an envelope designated by the express service carrier, with delivery fees paid or provided for, ^' addressed as set forth below ^^ Q bv having personal deliverv bv FIRST LEGAL SUPPORT SERVICES a true copv of 19 the document(s) listed above, enclosed in a sealed envelope, to the person(s) and at the address(es) set forth below. 20 21 [SEE ATTACHED SERVICE LIST] 22 I declare under penalty ofperjury that the foregoing is tme and correct. Executed on May 27, 2011, at Sacramento, Califomia. 23 24 25 (^W'^-^ r ^ CINDY A. INGLAND 26 27 28 NIC341/608293-1 PROOF OF SERVICE 1 Service List 2 Stephanie Finelli PLAINTIFFS 3 Law Offices of Stephanie J. Finelli 1007 Seventh Street, Suite 500 Tel. (916)443-2144 4 Sacramento, CA 95814 Fax:(916)443-1511 E-mail- sfinelli700@yahoo.com 5 Richard D. Sopp Counsel for CADRE DESIGN GROUP, INC. 6 Wheatley Sopp LLP 1004 River Rock Drive, Suite 245 Tel: (916) 988-3857 7 Folsom, CA 95630 Fax:(916)988-5296 Email rds@mwsblaw com 8 Mark Smith In Pro Per 9 8549 Willow Valley Place Granite Bay, CA 95746 10 markdarlenesmith@gmail com 11 12 13 14 15 ,'5^ 16 17 "J • 18 19 20 21 22 23 24 25 26 „. 27 28 NIC341/608293-I 2 SERVICE LIST