Preview
1 Todd A. Jones (Bar No. 198024)
Gregory K. Federico (Bar No. 242184)
2 ARCHER NORRIS
A Professional Law Corporation Fl LED ENDORSED
3 655 University Avenue, Suite 225
Sacramento, California 95825-6747
4 Telephone: 916.646.2480 OCT -7 2009
Facsimile: 916.646.5696
5
Attorneys for Defendants and Cross-Defendants L KENNEDY
DEPUTE CLERK
6 RICHARD KIRK RUYBALID, individually, and
dba CA CONSTRUCTION
7
8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF SACRAMENTO
10 BY FAX
11 RODNEY ABBOTT and FLORENTINE Case No. 07AS04450
ABBOTT,
12 AMENDED REQUEST FOR JUDICIAL
Plaintiffs, NOTICE IN SUPPORT OF DEFENDANT
13 CA CONSTRUCTION'S DEMURRER TO
v. PLAINTIFFS' UNVERIFIED FIRST
14 AMENDED COMPLAINT;
RONALD PAUL BRITSCHGI, et al., DECLARATION OF GREGORY K.
15 FEDERICO
Defendants.
16 Date: November 17,2009
Time: 9:00 a.m.
17 Dept: 54
18 Action Filed: September 24, 2007
19 AND ALL RELATED CROSS-ACTIONS.
20
21 Pursuant to Evidence Code §§452(c), 452(h), and Business and Professions Code
22 §703 l(d), Defendant and Cross-Defendant RICHARD KIRK RUYBALID, individually, and dba
23 CA CONSTRUCTION (hereinafter "CA CONSTRUCTION"), in support of its demurrer, hereby
24 requests that the Court take judicial notice of the fact that CA CONSTRUCTION, at all times
25 referenced in the First Amended Complaint, had an active and valid contractors license through
26 the California Contractors State License Board (hereinafter "CSLB").
27 In its demurrer to Plaintiffs' First Amended Complaint, which is scheduled for hearing on
28 November 17, 2009, CA CONSTRUCTION stated that it had made a request to the CSLB for a
NIC341/858217-1
AMENDED REQUEST FOR JUDICIAL NOTICE (DEMURRER);
DECLARATION OF GREGORY K. FEDERICO
1 Verified Certificate of License History and indicated that it would provide the Court with the
2 Verified Certificate of License History upon receipt of the same from the CSLB. Accordingly,
3 CA CONSTRUCTION attaches its Verified Certificate of License History hereto as Exhibit "A"
4 and requests that the Court take judicial notice of the fact that CA CONSTRUCTION, at all times
5 referenced in the First Amended Complaint, had an active and valid contractors license, for the
6 following reasons:
7 1. Business and Professions Code §7031 provides a remedy for persons who have
8 utilized the services of an unlicensed contractor. Business and Professions Code §703 l(b) states
9 that if "licensure or proper licensure is controverted, then proof of licensure pursuant to this
10 section shall be made by production of a verified certificate of licensure from the Contractors'
11 State License Board which establishes that the individual or entity bringing the action was duly
12 licensed in the proper classification of contractors at all times during the performance of any act
13 or contract covered by the action."
14 2. Pursuant to Evidence Code §452(c), judicial notice may be taken of "official acts
15 of the legislative, executive, and judicial departments of the United States and of any state of the
16 United States." Records, reports, and orders of administrative agencies are "official acts" of
17 which a court may take judicial notice. Rodas v. Spiegel (2001) 87 Cal.App.4th 513, 518. The
18 CSLB is an administrative agency that is part of the Department of Consumer Affairs. The CSLB
19 is charged with licensing and regulating contractors in 43 different classifications in the
20 construction industry in California. The Verified License History from the CSLB, which
21 establishes the validity of CA CONSTRUCTION'S contractors license during the 2005 and 2006
22 time frame, is an official act of which this Court may take judicial notice.
23 3. In the alternative, pursuant to Evidence Code §452(h), judicial notice may be taken
24 of "facts and propositions that are not reasonably subject to dispute and are capable of immediate
25 and accurate determination by resort to sources of reasonably indisputable accuracy." CA
26 CONSTRUCTION'S valid licensure during the 2005 and 2006 time frame is a fact that is capable
27 of immediate and accurate determination by resort to the CSLB's Verified Certificate of License
28 History, or by contacting the CSLB, a source of reasonably indisputable accuracy. Based on
NIC341/858217-1 2
AMENDED REQUEST FOR JUDICIAL NOTICE (DEMURRER);
DECLARATION OF GREGORY K. FEDERICO
1 these grounds, the Court may take judicial notice of CA CONSTRUCTION'S valid licensure with
2 the CSLB.
3 4. Pursuant to Evidence Code §453, a trial court must take judicial notice of any
4 matter specified in Evidence Code §452 upon a party's request if the party: "(a) gives all adverse
5 parties sufficient notice of the request, through pleadings or otherwise, to enable them to meet the
6 request; and (2) furnishes the court with sufficient information to enable it to take judicial notice
7 of the matter." Defendant CA CONSTRUCTION has provided all adverse parties with sufficient
8 notice of its request for judicial notice through the pleadings. Defendant CA CONSTRUCTION
9 has also provided the Court with sufficient information to enable it to take judicial notice of the
10 requested facts. Attached hereto as Exhibit "A" is a Verified Certificate of License History from
11 the CSLB showing that CA CONSTRUCTION held a valid and active license from January 1 ,
12 2004 through September 2, 2004, and then again from September 4, 2004 through July 3 1 , 2008,
13 which includes the time period relevant to this action, January 1 , 2005 through December 3 1 ,
14 2006.
15 Based on the foregoing, Defendant CA CONSTRUCTION respectfully requests that this
16 Court take judicial notice of the fact that Defendant CA CONSTRUCTION held a valid and
17 active contractors license in 2005 and 2006.
18
Dated: October T ,2009 ARCHER NORRIS
19
20
Gregory K. Federico "/
Attorneys for Defendants and Cross-
22
Defendants RICHARD KIRK RUYBALID,
individually, and dba CA CONSTRUCTION
24 DECLARATION OF GREGORY K. FEDERICO
25 I, Gregory. K. Federico, declare as follows:
26 1. I am an attorney duly licensed to practice before all the Courts in the State of
27 California and am an associate with Archer Norris, attorneys of record for Defendant RICHARD
28
NIC341/858217-1 3
AMENDED REQUEST FOR JUDICIAL NOTICE (DEMURRER);
DECLARATION OF GREGORY K. FEDERICO
1 KIRK RUYBALID, individually, and dba CA CONSTRUCTION ("CA CONSTRUCTION"). I
2 have personal knowledge of the matters set forth herein except where stated on information and
3 belief. If called upon as a witness in this matter, I could and would competently testify thereto.
4 2. On August 26,2009,1 requested that the California Contractors State License
5 Board provide a Verified Certificate of License History showing that CA CONSTRUCTION,
6 License No. 536735, held an active and valid license for the period of January 1,2004 through
7 September 2,2004, and then again from September 4,2004 through July 31,2008.
8 3. Attached hereto as Exhibit "A" is a copy of the Verified Certificate of License
9 History for CA CONSTRUCTION'S contractors license, showing that the license was active from
10 January 1, 2004 through September 2, 2004, and then again from September 4, 2004 through July
11 31,2008, which includes the time period relevant to this action, January 1,2005 through
12 December 31, 2006. The original document remains on file with this office and can and will be
13 provided to the Court at the hearing upon request.
14 I declare under penalty of perjury under the laws of the State of California that the
15 foregoing is true and correct. Executed this 7th day of October 200J9^aisSacramento, California.
16
17 H
10 GREGORY'K. FEDERICO
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NIC341/858217-1 4
AMENDED REQUEST FOR JUDICIAL NOTICE (DEMURRER);
DECLARATION OF GREGORY K. FEDERICO
CONTRACTORS L VTE LICENSE BOARD STATE OF CALIFORNIA
9821 Business Park Drive, Sacramento, California 95827 Arnold Schwarzenegger, Governor
Mailing Address: P.O. Box 23000, Sacramento, CA 95826
800-321-CSLB (2752)
www.cslti.ca.gov
CERTIFICATION OF RECORDS
I HEREBY CERTIFY under penalty of perjury under the laws of the State of California that I am duly authorized by the Registrar of
Contractors, the official custodian of records of the Contractors State License Board, to certify to the contents of said records pursuant
to Section 162 of the Business and Professions Code, and Section 1280 and 1284 of the Evidence Code. The following contractor was
licensed under the provisions of law administered by said Board as outlined below:
CA Construction License Number: 536735
9332 Fair Oaks Boulevard License Type: Sole Owner
Fair Oaks, California 95628 Issued: 07/29/88
Classifications: Effective:
B General Building Contractor Issuance
Personnel: Effective:
Richard Kirk Ruybalid, Owner 01/01/04
History
01/01/04 In Effect
09/02/04 Suspended 7071.17 (Judgment #04SC01586)
09/07/04 Reinstated
07/31/08 End of Active Period
08/01/08 Renewed Inactive*
09/03/09
Additional Information
Section references are: Business and Professions Code, Code of Civil Procedure, Welfare and Institution Code.
*A Contractor's Bond and Proof of Workers' Compensation or Exemption are not required on an inactive
license.
This license has a Certificate of Workers' Compensation Insurance (policy providing coverage for leased
employees only) on file.
This certificate covers the period 01/01/04 to 09/03/09; however the classification information covers the entire
licensing period.
This,license is renewed to 07/31/12.
WITNESS MY HAND and seal of said Board this 3rd day of September 2009 at Sacramento, California.
SUSAN STIREWALT
CUSTODIAN OF RECORDS
kt/f
13L-3 (Rev. 7-05}
Page 1 of 1 EXHIBIT. A-
Servinq
Cafijorma
CONTRACTORS STATE LICENSE BOARD STATE OF CALIFORNIA
9821 Business Park Drive, Sacramento, California 95827 Arnold Schwarzenegger, Governor
Mailing Address: P.O. Box 26000, Sacramento. CA 95826
800-321-CSLB (2752)
www.cslb.ca.gov
SEPTEMBER 3, 2009
GREGORY K FEDERICO
655 UNIVERSITY AVE STE 225
SACRAMENTO. CA 95691
In accordance with your request received September 01, 2009 we have provided the following:
Verified Certificate of License History for License #536735
The enclosed Certified License History contains information regarding any legal action filed against this license. If
you are interested in public complaint disclosure for this license, you may call 1-800-321-CSLB (2752) or visit our
web site at www.cslb.ca.gov.
If you have any questions or need further assistance, please contact me at the above address or telephone
number.
Sincerely,
Hotty 'Young
Holly Young
Management Services Technician
Record Certification Unit
(916) 255-2509
1 PROOF OF SERVICE
2 Name of Action: Rodney Abbott, et al. v. Ronald Paul Britschgi, et al.
Court and Action No: Sacramento County Superior No. 07AS04450
3
I, Marie Cantrell, declare that I am over the age of 18 years and not a party to this action
4 or proceeding. My business address is 655 University Avenue, Suite 225, Sacramento, California
95825. On October 7, 2009,1 caused the following document(s) to be served:
5
AMENDED REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT
6 CA CONSTRUCTION'S DEMURRER TO PLAINTIFFS' UNVERIFIED FIRST
AMENDED COMPLAINT; DECLARATION OF GREGORY K. FEDERICO
7
by placing a true copy of the documents listed above, enclosed in a sealed envelope,
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
with this business' practice for collection and processing of correspondence for
IQ 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 of business
I1 with the United States Postal Service with postage fully prepaid.
12 r~j by having a true copy of the 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
]4 machine.
15 I3cl by placing a true copy of the 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.
18 B
t [SEE ATTACHED SERVICE LIST]
20
I declare under penalty of perjury that the foregoing is true and correct. Executed on
October 7, 2009, at Sacramento, California.
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24 ' Marie Cantrell
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NIC34 1/608293-1
PROOF OF SERVICE
1 Service List
2
VIA OVERNIGHT MAIL
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Stephanie Finelli PLAINTIFFS
4 Law Offices of Stephanie J. Finelli
1007 Seventh Street, Suite 500 Tel: (916) 443-2144
5 Sacramento, CA95814 Fax:(916)443-1511
E-mail: sfinelli700@yahoo.com
6
7 VIA REGULAR MAIL
8 Craig N. Lundgren Counsel for RONALD PAUL BRITSCHGI,
LUNDGREN & REYNOLDS, LLP INDIVIDUALLY AND DBA BRITSCHGI
9 424 Second Street, Suite A CORPORATION
Davis, CA 95616
10 Tel: (530)297-5030
Fax: (530) 297-5077
11 E-mail: clundgren@lr-law.net
12 Richard D. Sopp Counsel for CADRE DESIGN GROUP, INC.
Wheatley Sopp LLP
13 1004 River Rock Drive, Suite 245 Tel: .(916) 988-3857
Folsom, CA 95630 Fax:(916)988-5296
14 Email: rds@mwsblaw.com
15 Sean D. Schwerdtfeger Counsel for CONSTRUCTION TESTING &
Joyati Tanya Schomee ENGINEERING, INC.
16 L/O OF SEAN D. SCHWERDTFEGER
501 West Broadway, Suite 1700 Tel: (619) 595-3403
17 San Diego, CA92101 Fax: (619) 595-3404
Email: sean.schwerdtfeger@gmail.com
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NIC341/608293-1
SERVICE LIST
Preview
1 Todd A. Jones (Bar No. 198024) Gregory K. Federico (Bar No. 242184) 2 ARCHER NORRIS A Professional Law Corporation Fl LED ENDORSED 3 655 University Avenue, Suite 225 Sacramento, California 95825-6747 4 Telephone: 916.646.2480 OCT -7 2009 Facsimile: 916.646.5696 5 Attorneys for Defendants and Cross-Defendants L KENNEDY DEPUTE CLERK 6 RICHARD KIRK RUYBALID, individually, and dba CA CONSTRUCTION 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 BY FAX 11 RODNEY ABBOTT and FLORENTINE Case No. 07AS04450 ABBOTT, 12 AMENDED REQUEST FOR JUDICIAL Plaintiffs, NOTICE IN SUPPORT OF DEFENDANT 13 CA CONSTRUCTION'S DEMURRER TO v. PLAINTIFFS' UNVERIFIED FIRST 14 AMENDED COMPLAINT; RONALD PAUL BRITSCHGI, et al., DECLARATION OF GREGORY K. 15 FEDERICO Defendants. 16 Date: November 17,2009 Time: 9:00 a.m. 17 Dept: 54 18 Action Filed: September 24, 2007 19 AND ALL RELATED CROSS-ACTIONS. 20 21 Pursuant to Evidence Code §§452(c), 452(h), and Business and Professions Code 22 §703 l(d), Defendant and Cross-Defendant RICHARD KIRK RUYBALID, individually, and dba 23 CA CONSTRUCTION (hereinafter "CA CONSTRUCTION"), in support of its demurrer, hereby 24 requests that the Court take judicial notice of the fact that CA CONSTRUCTION, at all times 25 referenced in the First Amended Complaint, had an active and valid contractors license through 26 the California Contractors State License Board (hereinafter "CSLB"). 27 In its demurrer to Plaintiffs' First Amended Complaint, which is scheduled for hearing on 28 November 17, 2009, CA CONSTRUCTION stated that it had made a request to the CSLB for a NIC341/858217-1 AMENDED REQUEST FOR JUDICIAL NOTICE (DEMURRER); DECLARATION OF GREGORY K. FEDERICO 1 Verified Certificate of License History and indicated that it would provide the Court with the 2 Verified Certificate of License History upon receipt of the same from the CSLB. Accordingly, 3 CA CONSTRUCTION attaches its Verified Certificate of License History hereto as Exhibit "A" 4 and requests that the Court take judicial notice of the fact that CA CONSTRUCTION, at all times 5 referenced in the First Amended Complaint, had an active and valid contractors license, for the 6 following reasons: 7 1. Business and Professions Code §7031 provides a remedy for persons who have 8 utilized the services of an unlicensed contractor. Business and Professions Code §703 l(b) states 9 that if "licensure or proper licensure is controverted, then proof of licensure pursuant to this 10 section shall be made by production of a verified certificate of licensure from the Contractors' 11 State License Board which establishes that the individual or entity bringing the action was duly 12 licensed in the proper classification of contractors at all times during the performance of any act 13 or contract covered by the action." 14 2. Pursuant to Evidence Code §452(c), judicial notice may be taken of "official acts 15 of the legislative, executive, and judicial departments of the United States and of any state of the 16 United States." Records, reports, and orders of administrative agencies are "official acts" of 17 which a court may take judicial notice. Rodas v. Spiegel (2001) 87 Cal.App.4th 513, 518. The 18 CSLB is an administrative agency that is part of the Department of Consumer Affairs. The CSLB 19 is charged with licensing and regulating contractors in 43 different classifications in the 20 construction industry in California. The Verified License History from the CSLB, which 21 establishes the validity of CA CONSTRUCTION'S contractors license during the 2005 and 2006 22 time frame, is an official act of which this Court may take judicial notice. 23 3. In the alternative, pursuant to Evidence Code §452(h), judicial notice may be taken 24 of "facts and propositions that are not reasonably subject to dispute and are capable of immediate 25 and accurate determination by resort to sources of reasonably indisputable accuracy." CA 26 CONSTRUCTION'S valid licensure during the 2005 and 2006 time frame is a fact that is capable 27 of immediate and accurate determination by resort to the CSLB's Verified Certificate of License 28 History, or by contacting the CSLB, a source of reasonably indisputable accuracy. Based on NIC341/858217-1 2 AMENDED REQUEST FOR JUDICIAL NOTICE (DEMURRER); DECLARATION OF GREGORY K. FEDERICO 1 these grounds, the Court may take judicial notice of CA CONSTRUCTION'S valid licensure with 2 the CSLB. 3 4. Pursuant to Evidence Code §453, a trial court must take judicial notice of any 4 matter specified in Evidence Code §452 upon a party's request if the party: "(a) gives all adverse 5 parties sufficient notice of the request, through pleadings or otherwise, to enable them to meet the 6 request; and (2) furnishes the court with sufficient information to enable it to take judicial notice 7 of the matter." Defendant CA CONSTRUCTION has provided all adverse parties with sufficient 8 notice of its request for judicial notice through the pleadings. Defendant CA CONSTRUCTION 9 has also provided the Court with sufficient information to enable it to take judicial notice of the 10 requested facts. Attached hereto as Exhibit "A" is a Verified Certificate of License History from 11 the CSLB showing that CA CONSTRUCTION held a valid and active license from January 1 , 12 2004 through September 2, 2004, and then again from September 4, 2004 through July 3 1 , 2008, 13 which includes the time period relevant to this action, January 1 , 2005 through December 3 1 , 14 2006. 15 Based on the foregoing, Defendant CA CONSTRUCTION respectfully requests that this 16 Court take judicial notice of the fact that Defendant CA CONSTRUCTION held a valid and 17 active contractors license in 2005 and 2006. 18 Dated: October T ,2009 ARCHER NORRIS 19 20 Gregory K. Federico "/ Attorneys for Defendants and Cross- 22 Defendants RICHARD KIRK RUYBALID, individually, and dba CA CONSTRUCTION 24 DECLARATION OF GREGORY K. FEDERICO 25 I, Gregory. K. Federico, declare as follows: 26 1. I am an attorney duly licensed to practice before all the Courts in the State of 27 California and am an associate with Archer Norris, attorneys of record for Defendant RICHARD 28 NIC341/858217-1 3 AMENDED REQUEST FOR JUDICIAL NOTICE (DEMURRER); DECLARATION OF GREGORY K. FEDERICO 1 KIRK RUYBALID, individually, and dba CA CONSTRUCTION ("CA CONSTRUCTION"). I 2 have personal knowledge of the matters set forth herein except where stated on information and 3 belief. If called upon as a witness in this matter, I could and would competently testify thereto. 4 2. On August 26,2009,1 requested that the California Contractors State License 5 Board provide a Verified Certificate of License History showing that CA CONSTRUCTION, 6 License No. 536735, held an active and valid license for the period of January 1,2004 through 7 September 2,2004, and then again from September 4,2004 through July 31,2008. 8 3. Attached hereto as Exhibit "A" is a copy of the Verified Certificate of License 9 History for CA CONSTRUCTION'S contractors license, showing that the license was active from 10 January 1, 2004 through September 2, 2004, and then again from September 4, 2004 through July 11 31,2008, which includes the time period relevant to this action, January 1,2005 through 12 December 31, 2006. The original document remains on file with this office and can and will be 13 provided to the Court at the hearing upon request. 14 I declare under penalty of perjury under the laws of the State of California that the 15 foregoing is true and correct. Executed this 7th day of October 200J9^aisSacramento, California. 16 17 H 10 GREGORY'K. FEDERICO lo 19 20 21 22 23 24 25 26 27 28 NIC341/858217-1 4 AMENDED REQUEST FOR JUDICIAL NOTICE (DEMURRER); DECLARATION OF GREGORY K. FEDERICO CONTRACTORS L VTE LICENSE BOARD STATE OF CALIFORNIA 9821 Business Park Drive, Sacramento, California 95827 Arnold Schwarzenegger, Governor Mailing Address: P.O. Box 23000, Sacramento, CA 95826 800-321-CSLB (2752) www.cslti.ca.gov CERTIFICATION OF RECORDS I HEREBY CERTIFY under penalty of perjury under the laws of the State of California that I am duly authorized by the Registrar of Contractors, the official custodian of records of the Contractors State License Board, to certify to the contents of said records pursuant to Section 162 of the Business and Professions Code, and Section 1280 and 1284 of the Evidence Code. The following contractor was licensed under the provisions of law administered by said Board as outlined below: CA Construction License Number: 536735 9332 Fair Oaks Boulevard License Type: Sole Owner Fair Oaks, California 95628 Issued: 07/29/88 Classifications: Effective: B General Building Contractor Issuance Personnel: Effective: Richard Kirk Ruybalid, Owner 01/01/04 History 01/01/04 In Effect 09/02/04 Suspended 7071.17 (Judgment #04SC01586) 09/07/04 Reinstated 07/31/08 End of Active Period 08/01/08 Renewed Inactive* 09/03/09 Additional Information Section references are: Business and Professions Code, Code of Civil Procedure, Welfare and Institution Code. *A Contractor's Bond and Proof of Workers' Compensation or Exemption are not required on an inactive license. This license has a Certificate of Workers' Compensation Insurance (policy providing coverage for leased employees only) on file. This certificate covers the period 01/01/04 to 09/03/09; however the classification information covers the entire licensing period. This,license is renewed to 07/31/12. WITNESS MY HAND and seal of said Board this 3rd day of September 2009 at Sacramento, California. SUSAN STIREWALT CUSTODIAN OF RECORDS kt/f 13L-3 (Rev. 7-05} Page 1 of 1 EXHIBIT. A- Servinq Cafijorma CONTRACTORS STATE LICENSE BOARD STATE OF CALIFORNIA 9821 Business Park Drive, Sacramento, California 95827 Arnold Schwarzenegger, Governor Mailing Address: P.O. Box 26000, Sacramento. CA 95826 800-321-CSLB (2752) www.cslb.ca.gov SEPTEMBER 3, 2009 GREGORY K FEDERICO 655 UNIVERSITY AVE STE 225 SACRAMENTO. CA 95691 In accordance with your request received September 01, 2009 we have provided the following: Verified Certificate of License History for License #536735 The enclosed Certified License History contains information regarding any legal action filed against this license. If you are interested in public complaint disclosure for this license, you may call 1-800-321-CSLB (2752) or visit our web site at www.cslb.ca.gov. If you have any questions or need further assistance, please contact me at the above address or telephone number. Sincerely, Hotty 'Young Holly Young Management Services Technician Record Certification Unit (916) 255-2509 1 PROOF OF SERVICE 2 Name of Action: Rodney Abbott, et al. v. Ronald Paul Britschgi, et al. Court and Action No: Sacramento County Superior No. 07AS04450 3 I, Marie Cantrell, declare that I am over the age of 18 years and not a party to this action 4 or proceeding. My business address is 655 University Avenue, Suite 225, Sacramento, California 95825. On October 7, 2009,1 caused the following document(s) to be served: 5 AMENDED REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT 6 CA CONSTRUCTION'S DEMURRER TO PLAINTIFFS' UNVERIFIED FIRST AMENDED COMPLAINT; DECLARATION OF GREGORY K. FEDERICO 7 by placing a true copy of the documents listed above, enclosed in a sealed envelope, 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 with this business' practice for collection and processing of correspondence for IQ 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 of business I1 with the United States Postal Service with postage fully prepaid. 12 r~j by having a true copy of the 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 ]4 machine. 15 I3cl by placing a true copy of the 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. 18 B t [SEE ATTACHED SERVICE LIST] 20 I declare under penalty of perjury that the foregoing is true and correct. Executed on October 7, 2009, at Sacramento, California. 22 23 24 ' Marie Cantrell 25 26 27 28 n NIC34 1/608293-1 PROOF OF SERVICE 1 Service List 2 VIA OVERNIGHT MAIL 3 Stephanie Finelli PLAINTIFFS 4 Law Offices of Stephanie J. Finelli 1007 Seventh Street, Suite 500 Tel: (916) 443-2144 5 Sacramento, CA95814 Fax:(916)443-1511 E-mail: sfinelli700@yahoo.com 6 7 VIA REGULAR MAIL 8 Craig N. Lundgren Counsel for RONALD PAUL BRITSCHGI, LUNDGREN & REYNOLDS, LLP INDIVIDUALLY AND DBA BRITSCHGI 9 424 Second Street, Suite A CORPORATION Davis, CA 95616 10 Tel: (530)297-5030 Fax: (530) 297-5077 11 E-mail: clundgren@lr-law.net 12 Richard D. Sopp Counsel for CADRE DESIGN GROUP, INC. Wheatley Sopp LLP 13 1004 River Rock Drive, Suite 245 Tel: .(916) 988-3857 Folsom, CA 95630 Fax:(916)988-5296 14 Email: rds@mwsblaw.com 15 Sean D. Schwerdtfeger Counsel for CONSTRUCTION TESTING & Joyati Tanya Schomee ENGINEERING, INC. 16 L/O OF SEAN D. SCHWERDTFEGER 501 West Broadway, Suite 1700 Tel: (619) 595-3403 17 San Diego, CA92101 Fax: (619) 595-3404 Email: sean.schwerdtfeger@gmail.com 18 19 20 21 22 23 24 25 26 27 28 NIC341/608293-1 SERVICE LIST