Preview
ENDORSED
1 C. Athena Roussos (#192244)
Attomey at Law
2 9630 Bruceville Road, Suite 106-386
3 Elk Grove, CA 95757
Telephone: (916)670-7901
4 Facsimile: (916)670-7921
Email: athena(a),athenaroussoslaw.com
5
6
Attomey for Plaintiffs
7 Rodney and Florentine Abbott
8
9 SUPERIOR COURT FOR THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF SACRAMENTO
11
12 RODNEY ABBOTT, et al., CaseNo. 07AS04450
13 Plaintiffs, EX PARTE APPLICATION TO
VS.
CONTINUE HEARING ON
14 DEFENDANT'S MOTION FOR
15 RONALD PAUL BRITSCHGI, et al., ORDER COMPELLING BOND,
AND FOR LEAVE FOR
16 Defendants. PLAINTIFFS TO FILE LATE
OPPOSITION; MEMORANDUM OF
17 POINTS AND AUTHORITIES;
18 DECLARATION OF C. ATHENA
ROUSSOS
19
20 Date: August 9, 2011
Time: 1:30 p.m.
21 Dept.: 43
22
23 Plaintiffs Rodney and Florentine Abbott submit this ex parte application to continue the
24 hearing on Defendant Richard Ruybalid dba CA Constmction's ("CA Construction") Motion
25 for an Order Compelling Plaintiffs Florentine and Rodney Abbott to Obtain a Bond on Appeal,
26 currently scheduled for hearing on August 12, 2011. Plaintiffs also request that the Court grant
27 them leave to file a late opposition to this motion.
28 ///
EX PARTE APPLICATION TO CONTINUE HEARING, ETC. -1
9
1 Plaintiffs bring this request due to extraordinary personal circumstances that have made
2 it difflcult for them to obtain counsel in time to oppose this motion. In particular, Florentine
3 Abbott's brother passed away recently in a suicide just than two months ago; her mother has
4 been in declining health, was hospitalized recently, and now needs care at home; and the
5 Abbotts' had a breakdown in the relationship with their last attomey and agreed to a withdrawal
6 based on her request during the same time that this motion was filed and served. Additionally,
7 the Abbotts did not receive this motion until toward the end of July, which did not give them
8 sufficient time to retain new counsel. Their new counsel is also unavailable for the hearing on
9 August 12, 2011 and needs sufficient time to prepare a response to the motion.
10 Plaintiffs request relief on an ex parte basis since the motion is scheduled to be heard on
11 August 12, 2011, and there is no time to bring a motion based on regular notice.
12 Accordingly, Plaintiffs respectfully request that the hearing be continued until at least
13 August 30, 2011, with opposition due nine court days before the hearing, so that counsel has
14 sufficient tkne to prepare a response.
15 This ex parte application is based on this application, the attached memorandum of
16 points and authorities, the attached Declaration of C. Athena Roussos, the concurrently-filed
17 declarations of Rodney Abbott and Florentine Abbott, and all of the papers and records in this
18 action and any evidence received at the hearing.
19
20 Dated: August 2011 By:_
21 C. ATHENA ROUSSOS
Attomey for Plaintiffs
22 Rodney and Florentine Abbott
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EX PARTE APPLICATION TO CONTINUE HEARING, ETC. - 2
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I. Introduction and Factual Summary
3 Plaintiffs request a continuance and permission to file a late opposition due to
4 extraordinary circumstances that have prevented them from being able to oppose the motion in a
5 timely manner and to have an attomey present at the hearing.
6 Plaintiff Florentine Abbott's brother committed suicide in early June 2011, having shot
7 himself right in front of their elderly mother. Ms. Abbott's mother has been in declining health,
8 and her brother's stiicide has had a terrible impact on her mother and the rest of the family. Her
9 mother was recently hospitalized due to lung failure. She was released fi'om the hospital, but
10 now requires an oxygen tank and in-home care.
11 To make matters worse, between late June and mid-July, Plaintiffs experienced a
12 breakdown in their relationship with their prior attomey, Stephanie Finelli, and based upon Ms.
13 Finelli's request, they agreed to allow her to withdraw from the case. Ms. Finelli filed a motion
14 to withdraw m the court of appeal on July 13, 2011; Defendant CA Construction filed its motion
15 just two days later on July 15,2011.' Because of the breakdown in communications between
16 Plaintiffs and Ms. Finelli, they did not receive a copy of the motion from her promptly after it
17 was filed. CA Constmction claims to have personally served the Abbotts with the motion on
18 July 19, 2011 by hand delivery, but the Abbotts were in San Jose for the whole day and did not
19 receive a copy of the motionfi-omCA Constmction's attomeys. Eventually Ms. Abbott found
20 the motion on the court's online docket and later received a copy from Ms. Finelli by mail. At
21 that point, however, there was not enough time for the Abbotts to obtam new counsel and
22 oppose the motion in a timely manner, particularly under their already-difficult circumstances.
23 The Abbotts retained new counsel, C. Athena Roussos, on August 4,2011. Ms. Roussos
24 contacted cotmsel for CA Constmction immediately in an attempt to stipulate to continue the
25 hearing and for leave to file a late opposition, for the reasons noted above. Ms. Roussos also
26
' Ms. Finelli officially substituted out of the superior court case on July 29, 2011. However,
27 Plaintiffs believe it was merely an oversight that the substitution was not filed in the superior
28 court earlier as it was clear from Ms. Finelli's motion in the court of appeal that she would no
longer be acting as counsel for Plaintiffs due to the breakdown in their relationship.
EX PARTE APPLICATION TO CONTINUE HEARING, ETC. - 3
1 noted that she was to be on vacation out of town on August 12 when the hearing is scheduled.
2 Counsel for CA Constmction refused to stipulate and uidicated that it would oppose this ex
3 parte application.
4 II. Argument
5 Under the circumstances, good cause exists to grant a continuance and for leave to file a
6 late opposition. The Court has discretion to grant such a request. See Code Civ. Proc. § 1054
7 (court may grant extension for good cause); Code Civ. Proc. § 128 (inherent power of court).
8 The motion was filed on July 15, 2011, to be heard on August 12, 2011. Plaintiffs did not
9 actually receive the motion until well afiter that date. At the time, they had already agreed to
10 allow their prior attomey to withdraw from the case, and they were not able to locate new
11 cotmsel in time to file a timely opposition and appear at the August 12 hearing. Plaintiffs were
12 diligent in their attempt to locate new counsel as soon as possible, particularly given the
13 difficult circumstances they have been in recently.
14 III. Conclusion
15 For these reasons. Plaintiffs respectfully request a brief continuance of the hearing on
16 this matter and for leave to file a late opposition. Plaintiffs request that the hearing be continued
17 until at least August 30, 2011, with opposition due nine court days before the hearing, so that
18 counsel has sufficient time to prepare a response.
19
20 Dated: August ^ ,2011 By:_
21 C. ATHENA ROUSSOS
Attomey for Plaintiffs
22 Rodney and Florentine Abbott
23
24
25
26
27
28
EX PARTE APPLICATION TO CONTINUE HEARING, ETC. - 4
O
1 DECLARATION OF C. ATHENA ROUSSOS
2 I, C. Athena Roussos, declare as follows:
3 1. I am an attomey at law licensed to practice in the State of California and am
4 counsel of record for Plaintiffs Rodney and Florentine Abbott in this matter. Except where
5 otherwise noted, I have personal knowledge of the matters stated in this declaration, and if
6 called upon to do so, could and would testify to these matters.
7 2. I contacted counsel for Defendant CA Constmction, Gregory Federico of Archer
8 Norris, on August 4, 2011 to let him know that the Abbotts were retaining me and that we
9 would be seeking a continuance ofhis client's motion for an order compelling a bond on appeal.
10 I also told him we would be requesting to file a late opposition. I asked Mr. Federico if he
11 would agree to stipulate to these things and explained my clients' situation to him. I also
12 mentioned that I was going to be out of town on August 12, 2011 when the hearing was
13 scheduled. I emailed Mr. Federico later in the day to confirm these requests. He replied to me
14 via email that evening stating that his client would not agree.
15 3. I provided notice of this ex parte hearing to all parties on August 5, 2011.
16 Attached as Exhibit A is a tme and correct copy of my fax and email to counsel for CA
17 Constmction. Attached as Exhibit B is a true and correct copy of my email to counsel for Cadre
18 Design Group and to Mark Smith, in pro per.
19 4. I emailed a copy of this ex parte paper application, the supporting declarations,
20 and the substitution of counsel to all parties on August 8, 2011. I also faxed a copy to Mr.
21 Federico the same day.
22 5. I will be out of town on vacation from August 10 to 14, 2011. I originaUy was
23 supposed to have the entire week off, but agreed to handle this ex parte application in lighl of
24 the Abbotts' situation and because I am not actually leaving town until the morning of
25 Wednesday, August 10. I have pre-paid all of my lodging for my trip, and I caimot obtain a
26 refund at this point.
27 6. I am requesting that the Court continue the hearing on CA Construction's motion
28 until at least August 30, 2011, to give me sufficient time to prepare an opposition to the motion
EX PARTE APPLICATION TO CONTINUE HEARING, ETC. - 5
1 nine court days before, by August 19, 2011. I will be out of town tmtil August 15, 2011, and
2 will need to spend more time becoming more familiar with the case as well as researching and
3 drafting an opposition. I have other deadlines as well. I have begun reviewing the casefileand
4 researching the issues related to the motion, but given the complexity of the issues and the long
5 history of this case, I do not believe I will have sufficient time to file a response before August
6 19, 2011. I am not aware of any prior extensions on this motion.
7
8 I declare tmder penalty of perjury under the laws of the State of Califomia that the
9 foregoing is tme and correct. Executed this " day of August, 2011 at Elk Grove,
10 Califomia.
11
12
13 C. ATHENA ROUSSOS
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EX PARTE APPLICATION TO CONTINUE HEARING, ETC. - 6
A
C. ATHENA ROUSSOS
Attomey at Law
FACSIMILE TRANSMITTAL SHEET
TO FROM:
ToddJones C. Athena Roussos
Ric Blumenthal
Gregory Federico
COMPANY- DATE-
Attorney at Law 8/5/2011
FAX NUMBER- TOTAJ, NO OF PAGES INCLUDING COVER:
(916) 646-5696 2
PHONE NUMBER. SENDER'S REFERENCE NUMBER:
n/a
RR. YOUR REFERENCE NUMBER:
Abbott V. Britschff, etal. n/a
• URGENT • FOR REVIEW • PLEASE COMMENT • PLEASE REPLY • PLEASE RECYCLE
NOTIES/COMMENTS:
Please see attached correspondence.
9630 Bruceville Road, Suite 106-386
Elk Grove, CA 95757
Phone (916) 670-7901 Fax (916) 670-7921
C. ATHENA ROUSSOS
ATTORNEY AT LAW
9630 bruceville RoaJ.
Suirc 106-386
i ;ikc;r<)vc. CA 95757
I'lionc: (916)670-7901
l-ax: (916) 670-7921
VX'cbsitc: www. atlicnaroussoslaw.com
Ismail: arlicna@ii'litnar()ussnslaw.coiTi
(:i.-rrifiL-(.l Spt-cinlist, Appellate I.aw
'1 he State 1-iar of Califoriua Brjard of Legal Specialization
August 5, 2011
Via Email and Facsimile
Todd A.Jones
Ric Blumenthal
Gregory K. Federico
ARCHERNORRIS
301 University Avenue
Sacramento, CA 95825-5537
Re: Abbott v. Britschgi, et al.
Sacramento County Superior Court, Case No. 07AS04450
Dear Counsel:
I am writing to advise you that an ex parte hearing has been scheduled in the above-
referenced case for Tuesday, August 9.2011 at 1:30 p.m. in Department 43 of the
Sacramento County Superior Court. As we have discussed, my clients will be seeking to
continue the hearing on your client's motion for an order compelling a bond on appeal
and for leave to file a late-filed opposition to the motion. I will send you the ex parte
papers and substitution of counsel in advance of the hearing. Based on Mr. Federico's
last email to me, I will advise the court that your client will be opposing the application.
C. Athena Roussos
Enclosure
cc: Rodney and Florentine Abbott
HP Officejet Pro L7500 All-in-Oi >eries Fax Log for
C. Athena Roussos
(916) 670-7921
Aug 05 2011 9:57AM
Last Transaction
Date Time Type Station ID Duration Pages Result
Aug 5 9:56AM Fax Sent 6465696 0:41 2 OK
i
Page 1 of 1
Athena Roussos
From: "Athena Roussos"
To: ;
Sent: Friday, August 05, 2011 1:30 PM
Attach: letter to Archer Norris re ex parte hearing.pdf
Subject: Fw: Abbott v. Britschgi, et al.
Dear mr, Sopp and Mr. Smith:
I am going to be substituting in as counsel for the plaintiffs in this case. As discussed in the
attached letter, we have scheduled an ex parte hearing for Tuesday, August 9 at 1:30 to seek
a continuance of the hearing on the motion for an order compelling a bond on appeal, and for
leave to file a late opposition.
I will send you the ex parte and substitution papers on Monday.
Regards,
Athena Roussos
— Original Message —
From: Athena Roussos
To: Jones, Todd A.; Biumhardt, Ric; gfederico@archemorris.com
Sent: Friday, August 05, 2011 11:43 AM
Subject: Abbott v. Britschgi, et al
Please see the attached.
C. Athena Roussos
Attorney at Law
9630 Bruceville Road,
Suite 106-386
Elk Grove, CA 95757
phone: (916) 670-7901
fax: (916)670-7921
http://www.athenaroussoslaw.com
Certified Specialist, Appellate Law
The State Bar of California Board of Legal Specialization
CONFIDENTIALITY NOTICE: This communication and any accompanying document(s) are
confidential and privileged, and are intended forthe sole use ofthe addressee. Ifyou receive
this transmission in error, any disclosure, copying, distribution, or the taking of any action in
reliance upon the communication is strictly prohibited. Moreover, any such inadvertent
disclosure shall not compromise or waive the attorney-client privilege as to this communication
or OthenA/ise. If you have received this communication in error, please contact us at (916) 670-
7901.
8/7/2011
C. ATHENA ROUSSOS
ATTORNEY AT LAW
9630 l^rucevillc Road.
.Suite 106-386
l-:ikC;r<)ve,CA 95757
I'litine: (916) 670-7901
l-ax. (916)670-7921
VC'ebsire: www. ntlicnaroussoslaw.coin
I Miiail: arliena@athenaroussoslaw.com
f lertitleil Specialist, Appellate Law
The State Bar ofCalifornia Bo.ird of Legal Specialiyation
August 5, 2011
Via Email and Facsimile
Todd A.Jones
Ric Blumenthal
Gregory K. Federico
ARCHERNORRIS
301 University Avenue
Sacramento. CA 95825-5537
Re: Abbott v. Britschgi, et al.
Sacramento County Superior Court, Case No. 07AS04450
Dear Counsel:
1 am writing to advise you that an ex parte hearing has been scheduled in the above-
referenced case for Tuesday. August 9. 2011 at 1:30 p.m. in Department 43 of the
Sacramento County Superior Court. As we have discussed, my clients will be seeking to
continue the hearing on your client's motion for an order compelling a bond on appeal
and for leave to file a late-filed opposition to the motion. 1 will send you the ex parte
papers and substitution of counsel in advance of the hearing. Based on Mr. Federico's
last email to me, I will advise the court that your client will be opposing the application.
Vemtruly yours
C. Athena Roussos
Enclosure
cc: Rodney and Florentine Abbott
Preview
ENDORSED 1 C. Athena Roussos (#192244) Attomey at Law 2 9630 Bruceville Road, Suite 106-386 3 Elk Grove, CA 95757 Telephone: (916)670-7901 4 Facsimile: (916)670-7921 Email: athena(a),athenaroussoslaw.com 5 6 Attomey for Plaintiffs 7 Rodney and Florentine Abbott 8 9 SUPERIOR COURT FOR THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF SACRAMENTO 11 12 RODNEY ABBOTT, et al., CaseNo. 07AS04450 13 Plaintiffs, EX PARTE APPLICATION TO VS. CONTINUE HEARING ON 14 DEFENDANT'S MOTION FOR 15 RONALD PAUL BRITSCHGI, et al., ORDER COMPELLING BOND, AND FOR LEAVE FOR 16 Defendants. PLAINTIFFS TO FILE LATE OPPOSITION; MEMORANDUM OF 17 POINTS AND AUTHORITIES; 18 DECLARATION OF C. ATHENA ROUSSOS 19 20 Date: August 9, 2011 Time: 1:30 p.m. 21 Dept.: 43 22 23 Plaintiffs Rodney and Florentine Abbott submit this ex parte application to continue the 24 hearing on Defendant Richard Ruybalid dba CA Constmction's ("CA Construction") Motion 25 for an Order Compelling Plaintiffs Florentine and Rodney Abbott to Obtain a Bond on Appeal, 26 currently scheduled for hearing on August 12, 2011. Plaintiffs also request that the Court grant 27 them leave to file a late opposition to this motion. 28 /// EX PARTE APPLICATION TO CONTINUE HEARING, ETC. -1 9 1 Plaintiffs bring this request due to extraordinary personal circumstances that have made 2 it difflcult for them to obtain counsel in time to oppose this motion. In particular, Florentine 3 Abbott's brother passed away recently in a suicide just than two months ago; her mother has 4 been in declining health, was hospitalized recently, and now needs care at home; and the 5 Abbotts' had a breakdown in the relationship with their last attomey and agreed to a withdrawal 6 based on her request during the same time that this motion was filed and served. Additionally, 7 the Abbotts did not receive this motion until toward the end of July, which did not give them 8 sufficient time to retain new counsel. Their new counsel is also unavailable for the hearing on 9 August 12, 2011 and needs sufficient time to prepare a response to the motion. 10 Plaintiffs request relief on an ex parte basis since the motion is scheduled to be heard on 11 August 12, 2011, and there is no time to bring a motion based on regular notice. 12 Accordingly, Plaintiffs respectfully request that the hearing be continued until at least 13 August 30, 2011, with opposition due nine court days before the hearing, so that counsel has 14 sufficient tkne to prepare a response. 15 This ex parte application is based on this application, the attached memorandum of 16 points and authorities, the attached Declaration of C. Athena Roussos, the concurrently-filed 17 declarations of Rodney Abbott and Florentine Abbott, and all of the papers and records in this 18 action and any evidence received at the hearing. 19 20 Dated: August 2011 By:_ 21 C. ATHENA ROUSSOS Attomey for Plaintiffs 22 Rodney and Florentine Abbott 23 24 25 26 27 28 EX PARTE APPLICATION TO CONTINUE HEARING, ETC. - 2 1 MEMORANDUM OF POINTS AND AUTHORITIES 2 I. Introduction and Factual Summary 3 Plaintiffs request a continuance and permission to file a late opposition due to 4 extraordinary circumstances that have prevented them from being able to oppose the motion in a 5 timely manner and to have an attomey present at the hearing. 6 Plaintiff Florentine Abbott's brother committed suicide in early June 2011, having shot 7 himself right in front of their elderly mother. Ms. Abbott's mother has been in declining health, 8 and her brother's stiicide has had a terrible impact on her mother and the rest of the family. Her 9 mother was recently hospitalized due to lung failure. She was released fi'om the hospital, but 10 now requires an oxygen tank and in-home care. 11 To make matters worse, between late June and mid-July, Plaintiffs experienced a 12 breakdown in their relationship with their prior attomey, Stephanie Finelli, and based upon Ms. 13 Finelli's request, they agreed to allow her to withdraw from the case. Ms. Finelli filed a motion 14 to withdraw m the court of appeal on July 13, 2011; Defendant CA Construction filed its motion 15 just two days later on July 15,2011.' Because of the breakdown in communications between 16 Plaintiffs and Ms. Finelli, they did not receive a copy of the motion from her promptly after it 17 was filed. CA Constmction claims to have personally served the Abbotts with the motion on 18 July 19, 2011 by hand delivery, but the Abbotts were in San Jose for the whole day and did not 19 receive a copy of the motionfi-omCA Constmction's attomeys. Eventually Ms. Abbott found 20 the motion on the court's online docket and later received a copy from Ms. Finelli by mail. At 21 that point, however, there was not enough time for the Abbotts to obtam new counsel and 22 oppose the motion in a timely manner, particularly under their already-difficult circumstances. 23 The Abbotts retained new counsel, C. Athena Roussos, on August 4,2011. Ms. Roussos 24 contacted cotmsel for CA Constmction immediately in an attempt to stipulate to continue the 25 hearing and for leave to file a late opposition, for the reasons noted above. Ms. Roussos also 26 ' Ms. Finelli officially substituted out of the superior court case on July 29, 2011. However, 27 Plaintiffs believe it was merely an oversight that the substitution was not filed in the superior 28 court earlier as it was clear from Ms. Finelli's motion in the court of appeal that she would no longer be acting as counsel for Plaintiffs due to the breakdown in their relationship. EX PARTE APPLICATION TO CONTINUE HEARING, ETC. - 3 1 noted that she was to be on vacation out of town on August 12 when the hearing is scheduled. 2 Counsel for CA Constmction refused to stipulate and uidicated that it would oppose this ex 3 parte application. 4 II. Argument 5 Under the circumstances, good cause exists to grant a continuance and for leave to file a 6 late opposition. The Court has discretion to grant such a request. See Code Civ. Proc. § 1054 7 (court may grant extension for good cause); Code Civ. Proc. § 128 (inherent power of court). 8 The motion was filed on July 15, 2011, to be heard on August 12, 2011. Plaintiffs did not 9 actually receive the motion until well afiter that date. At the time, they had already agreed to 10 allow their prior attomey to withdraw from the case, and they were not able to locate new 11 cotmsel in time to file a timely opposition and appear at the August 12 hearing. Plaintiffs were 12 diligent in their attempt to locate new counsel as soon as possible, particularly given the 13 difficult circumstances they have been in recently. 14 III. Conclusion 15 For these reasons. Plaintiffs respectfully request a brief continuance of the hearing on 16 this matter and for leave to file a late opposition. Plaintiffs request that the hearing be continued 17 until at least August 30, 2011, with opposition due nine court days before the hearing, so that 18 counsel has sufficient time to prepare a response. 19 20 Dated: August ^ ,2011 By:_ 21 C. ATHENA ROUSSOS Attomey for Plaintiffs 22 Rodney and Florentine Abbott 23 24 25 26 27 28 EX PARTE APPLICATION TO CONTINUE HEARING, ETC. - 4 O 1 DECLARATION OF C. ATHENA ROUSSOS 2 I, C. Athena Roussos, declare as follows: 3 1. I am an attomey at law licensed to practice in the State of California and am 4 counsel of record for Plaintiffs Rodney and Florentine Abbott in this matter. Except where 5 otherwise noted, I have personal knowledge of the matters stated in this declaration, and if 6 called upon to do so, could and would testify to these matters. 7 2. I contacted counsel for Defendant CA Constmction, Gregory Federico of Archer 8 Norris, on August 4, 2011 to let him know that the Abbotts were retaining me and that we 9 would be seeking a continuance ofhis client's motion for an order compelling a bond on appeal. 10 I also told him we would be requesting to file a late opposition. I asked Mr. Federico if he 11 would agree to stipulate to these things and explained my clients' situation to him. I also 12 mentioned that I was going to be out of town on August 12, 2011 when the hearing was 13 scheduled. I emailed Mr. Federico later in the day to confirm these requests. He replied to me 14 via email that evening stating that his client would not agree. 15 3. I provided notice of this ex parte hearing to all parties on August 5, 2011. 16 Attached as Exhibit A is a tme and correct copy of my fax and email to counsel for CA 17 Constmction. Attached as Exhibit B is a true and correct copy of my email to counsel for Cadre 18 Design Group and to Mark Smith, in pro per. 19 4. I emailed a copy of this ex parte paper application, the supporting declarations, 20 and the substitution of counsel to all parties on August 8, 2011. I also faxed a copy to Mr. 21 Federico the same day. 22 5. I will be out of town on vacation from August 10 to 14, 2011. I originaUy was 23 supposed to have the entire week off, but agreed to handle this ex parte application in lighl of 24 the Abbotts' situation and because I am not actually leaving town until the morning of 25 Wednesday, August 10. I have pre-paid all of my lodging for my trip, and I caimot obtain a 26 refund at this point. 27 6. I am requesting that the Court continue the hearing on CA Construction's motion 28 until at least August 30, 2011, to give me sufficient time to prepare an opposition to the motion EX PARTE APPLICATION TO CONTINUE HEARING, ETC. - 5 1 nine court days before, by August 19, 2011. I will be out of town tmtil August 15, 2011, and 2 will need to spend more time becoming more familiar with the case as well as researching and 3 drafting an opposition. I have other deadlines as well. I have begun reviewing the casefileand 4 researching the issues related to the motion, but given the complexity of the issues and the long 5 history of this case, I do not believe I will have sufficient time to file a response before August 6 19, 2011. I am not aware of any prior extensions on this motion. 7 8 I declare tmder penalty of perjury under the laws of the State of Califomia that the 9 foregoing is tme and correct. Executed this " day of August, 2011 at Elk Grove, 10 Califomia. 11 12 13 C. ATHENA ROUSSOS 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EX PARTE APPLICATION TO CONTINUE HEARING, ETC. - 6 A C. ATHENA ROUSSOS Attomey at Law FACSIMILE TRANSMITTAL SHEET TO FROM: ToddJones C. Athena Roussos Ric Blumenthal Gregory Federico COMPANY- DATE- Attorney at Law 8/5/2011 FAX NUMBER- TOTAJ, NO OF PAGES INCLUDING COVER: (916) 646-5696 2 PHONE NUMBER. SENDER'S REFERENCE NUMBER: n/a RR. YOUR REFERENCE NUMBER: Abbott V. Britschff, etal. n/a • URGENT • FOR REVIEW • PLEASE COMMENT • PLEASE REPLY • PLEASE RECYCLE NOTIES/COMMENTS: Please see attached correspondence. 9630 Bruceville Road, Suite 106-386 Elk Grove, CA 95757 Phone (916) 670-7901 Fax (916) 670-7921 C. ATHENA ROUSSOS ATTORNEY AT LAW 9630 bruceville RoaJ. Suirc 106-386 i ;ikc;r<)vc. CA 95757 I'lionc: (916)670-7901 l-ax: (916) 670-7921 VX'cbsitc: www. atlicnaroussoslaw.com Ismail: arlicna@ii'litnar()ussnslaw.coiTi (:i.-rrifiL-(.l Spt-cinlist, Appellate I.aw '1 he State 1-iar of Califoriua Brjard of Legal Specialization August 5, 2011 Via Email and Facsimile Todd A.Jones Ric Blumenthal Gregory K. Federico ARCHERNORRIS 301 University Avenue Sacramento, CA 95825-5537 Re: Abbott v. Britschgi, et al. Sacramento County Superior Court, Case No. 07AS04450 Dear Counsel: I am writing to advise you that an ex parte hearing has been scheduled in the above- referenced case for Tuesday, August 9.2011 at 1:30 p.m. in Department 43 of the Sacramento County Superior Court. As we have discussed, my clients will be seeking to continue the hearing on your client's motion for an order compelling a bond on appeal and for leave to file a late-filed opposition to the motion. I will send you the ex parte papers and substitution of counsel in advance of the hearing. Based on Mr. Federico's last email to me, I will advise the court that your client will be opposing the application. C. Athena Roussos Enclosure cc: Rodney and Florentine Abbott HP Officejet Pro L7500 All-in-Oi >eries Fax Log for C. Athena Roussos (916) 670-7921 Aug 05 2011 9:57AM Last Transaction Date Time Type Station ID Duration Pages Result Aug 5 9:56AM Fax Sent 6465696 0:41 2 OK i Page 1 of 1 Athena Roussos From: "Athena Roussos" To: ; Sent: Friday, August 05, 2011 1:30 PM Attach: letter to Archer Norris re ex parte hearing.pdf Subject: Fw: Abbott v. Britschgi, et al. Dear mr, Sopp and Mr. Smith: I am going to be substituting in as counsel for the plaintiffs in this case. As discussed in the attached letter, we have scheduled an ex parte hearing for Tuesday, August 9 at 1:30 to seek a continuance of the hearing on the motion for an order compelling a bond on appeal, and for leave to file a late opposition. I will send you the ex parte and substitution papers on Monday. Regards, Athena Roussos — Original Message — From: Athena Roussos To: Jones, Todd A.; Biumhardt, Ric; gfederico@archemorris.com Sent: Friday, August 05, 2011 11:43 AM Subject: Abbott v. Britschgi, et al Please see the attached. C. Athena Roussos Attorney at Law 9630 Bruceville Road, Suite 106-386 Elk Grove, CA 95757 phone: (916) 670-7901 fax: (916)670-7921 http://www.athenaroussoslaw.com Certified Specialist, Appellate Law The State Bar of California Board of Legal Specialization CONFIDENTIALITY NOTICE: This communication and any accompanying document(s) are confidential and privileged, and are intended forthe sole use ofthe addressee. Ifyou receive this transmission in error, any disclosure, copying, distribution, or the taking of any action in reliance upon the communication is strictly prohibited. Moreover, any such inadvertent disclosure shall not compromise or waive the attorney-client privilege as to this communication or OthenA/ise. If you have received this communication in error, please contact us at (916) 670- 7901. 8/7/2011 C. ATHENA ROUSSOS ATTORNEY AT LAW 9630 l^rucevillc Road. .Suite 106-386 l-:ikC;r<)ve,CA 95757 I'litine: (916) 670-7901 l-ax. (916)670-7921 VC'ebsire: www. ntlicnaroussoslaw.coin I Miiail: arliena@athenaroussoslaw.com f lertitleil Specialist, Appellate Law The State Bar ofCalifornia Bo.ird of Legal Specialiyation August 5, 2011 Via Email and Facsimile Todd A.Jones Ric Blumenthal Gregory K. Federico ARCHERNORRIS 301 University Avenue Sacramento. CA 95825-5537 Re: Abbott v. Britschgi, et al. Sacramento County Superior Court, Case No. 07AS04450 Dear Counsel: 1 am writing to advise you that an ex parte hearing has been scheduled in the above- referenced case for Tuesday. August 9. 2011 at 1:30 p.m. in Department 43 of the Sacramento County Superior Court. As we have discussed, my clients will be seeking to continue the hearing on your client's motion for an order compelling a bond on appeal and for leave to file a late-filed opposition to the motion. 1 will send you the ex parte papers and substitution of counsel in advance of the hearing. Based on Mr. Federico's last email to me, I will advise the court that your client will be opposing the application. Vemtruly yours C. Athena Roussos Enclosure cc: Rodney and Florentine Abbott