Preview
Todd A. Jones (BarNo. 198024)
tj ones@archemorris.com
Gregory K. Federico (BarNo. 242184)
gfederico@archemoms.com
3 ARCHERNORRIS
A Professional Law Corporation
4 655 University Avenue, Suite 225
Sacramento, Califomia 95825-6747
5 Telephone: 916.646.2480
Facsimile: 916.646.5696
6
Attomeys for Defendant
7 R4C0RP, INC., a Califomia Corporation
8
SUPERIOR COURT OF CALIFORNIA
9
COUNTY OF SACRAMENTO
10
11
RODNEY ABBOTT and FLORENTINE CaseNo. 07AS04450
12 ABBOTT,
REQUEST FOR JUDICIAL NOTICE IN
13 Plaintiffs, SUPPORT OF MOTION TO
QUASH/STRIKE/DISMISS SERVICE OF
14 V. AMENDED SUMMONS AND DOE
AMENDMENT ON R4C0RP, INC.
15 RONALD PAUL BRITSCHGI, et al..
Date: October 29,2010
16 Defendants Time: 2:00 p.m.
Dept: 53
17
Action Filed: September 24,2007
18
AND RELATED CROSS-ACTIONS.
19
20 TO THIS COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
21 PLEASE TAKE NOTICE THAT pursuant to Evidence Code §§ 452 and 453, Defendant
22 R4C0RP, INC. respectfiilly requests that this Court takejudicial notice ofthe following
23 documents that are on file in the official records ofthe Califomia Secretary of State, which reflect
24 the official actions ofan agency ofthe State of Califomia, as well as the action filed in the United
25 States Bankraptcy Court for the Eastem District ofCalifomia.
26 Exhibit-A: Articles of Incorporation of R4C0RP, INC. a Califomia corporation, filed
27 March 21, 2006 and as maintained by the Cahfomia Secretary o£^0ter> -- "•'•-• -> Tv
28 / / ^ - • '
i
N1C549/974782-1
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO QUASH/STRIKE SERVICE OF
AMENDED SUMMONS AND DOE AMENDMENT
Exhibit-B: Mr. Ruybalid's Chapter 13 Petition for Bankraptcyfiledin the United States
Bankraptcy Court for the Eastem District of California, filed on Febraary IS, 2010, Case No.
2010-23787.
4
Dated: June '^\ , 2010 ARCHER NORRIS
5
^Ki^r^
' Gregory K. Federico
Attomeys for Defendant
8 R4C0RP, INC., a Califomia Corporation
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NIC549/974782-1
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO QUASH/STRIKE SERVICE OF
AMENDED SUMMONS AND DOE AMENDMENT
state of California
Secretary of State
I, BRUCE McPHERSON, Secretary of State of the State of
California, hereby certify:
That the attached transcript of page(s) has been compared
with the record on file in this office, of which it purports to be a copy, and
that it is full, true and correct.
IN WITNESS WHEREOF, I execute this
certificate and affix the Great Seal of the
State of California this day of
MAR 2 1 2006
^7^^:^'^^^-^'?^
BRUCE McPHERSON
Secretary of State
u u j i luumiLUVllS,!
Sec/State Fotm CE-107 (REV 03/31/05) OSP OS 94200
t. v.; \.r » * V «r »•
ARTICLES OF INCORPORATION
R4Corp, Inc. ENDORSED - FILED
hi the office of the Secretary of State
ofthe State ofCalifornia
MAR 2 1 2006
The name ofthis corporation is R4Corp, Inc..
n
The piupose ofthe corporation is to engage in any lawful act or activity for which a corporation may be
organized undertiieGENERAL CORPORATION LAW of Califomia otiiertiiantiiebanking busmess,
the trast company business or the practice of a profession permitted to be incorporated by the Cahfomia
Corporations Code.
m
The name and address m the State of Cahfomia ofthe corporation's initial agent for service of process
is:
Name: Richard K Ruybahd
Address- 9332 Fan Oaks Blvd.
City: Fan Oaks, CA 95628
IV
This corporation is authorized to issue only one class of shares of stock; and the total number of shares
which this corporation is authorized to issue is 10,000
Date: March 18,2006
OfBdal Form 1 (i/08)
United States Bankruptcy Court
EASTEBN DISTRICT O F CAIiIFOHNIA
N a m e o f Debtor fif mdjvuial, mter Last, Piist, Middle) Name of Jomt Debtor (SpouseJtLast, Fust, Middle)
R a y b a l x d , Rxchard K.
All O t h e r N a m e s used by ' h e D e b t o r in the last 8 years All Other N a m e s used b y the Joint Debtor in t h e last S years
(mclude mamed, maiden, and trade names) (mclude mamed, maiden, and trade names)
f d b a CA C o n s t r a c t i o n , £dba Valley Cahzaeta
Lastfour digits of Soc Sec orlndvidual-TaxpayerlD (ITIN) No/Complete EIN Last four digits of Soc Sec or Indvidual-Taxpayer LD (ITIN) No/Complete EIN
Ofmoic than one, stale all) 5143 ^ m o i e than one, stste all)
Street A d d r e s s o f D e b t o r (No &. Street, Qty, and state) Street Addiess of Joutt Debtor (No & Street, City, and State)
9 3 3 2 F a u : OaJcs B l v d . .
F a i r - Oajfcs CA
ZIPCODE atCODE
95628
County of Residence or ofthe C o u n t y of Residence or o f t h e
Principal Place ofBusiness S^aramento P n n c i p a l Place of B u s m e s s
Mailing Address of Debtor 61 diEeient fiom ttreet addiess) M a i l m g Address o f Jomt D e b t o r efdiffaent fi-om street address)
SitMET
ZIPCODE
L o c a t i o n o f Prmcipal Assets o f B u s i n e s s D e b t o r
Cfdiffcrent fiom stieet address above) NOT X P P L I C K B L E
Type of D e b t o r (Foim of oiganization)
Nature of Business Chapter of Bankruptcy Code TJnder Which
(Check o n e box.) tlie Petition is Filed (Check one box)
(Check one box.)
ra I n d i v i d u a l (includes Joint D e b t o i s )
f~l Health Care Busmess n Chapter? r~l Chapter IS Petition for Recogmtion
r~l Smgle Asset Real Estate as defmed D Chapter 9 ofa Foreign Mam Proceeding
See Exhibit D on page 2 ofthis form
m i l U S C §101(51B) n Chapter 11
n Corporation (mcludes LLC and LLP) n Chapter 12 CH Chapter 15 Petition for Reoogmhon
L l Railroad of a Foreign. Nomnam Proceedmg
n Partnerehip S Chapter 13
n Stockbroker
C J Other (if debtor is not one of the above Natm-e of Debts (Check one box)
enuues, check this box and slale type of [ I Commodity Broker
K l Debts are pnmanly consumer debts, defmed Q Debts are primarily
entity below |_J Clearmg Bank in 11 U S C § 101(8) as "mcurred by an business debts
n Other mdi-vidual pnmanly for a personal, family,
or household purpose"
Tax-Exempt Entity
Chapter 11 Debtors:
(Check box, if applicable)
Check one box:
I I Debtor 13 a tax-exempt organization
D Debtor is a small busmess as defmed in 11 U.S C § 101 (51D)
under Title 26 ofthe United States
OOebtorisnotasmaUbusmessdebtoras defined m i l U S C § I01(51D)
Code (the IhteiTial Revenue Code)
Filmg Fee (Check one box) Check if.
H Full Fllmg Fee attached 1~| Debtor's aggregate noncontmgent liquidated debts (excludmg debts
I I Filing Fcc to be paid m mstallments (apphcable to mdividuals only) Musl owed to insiders or affiliates) are less than $2,190,000
attach signed application for the court's consideration certiiymg that the debtor
15 unable to pay fee except m instalhnents Rule l006(bX See OfTicial Form 3A Check all applicable boxes:
n A plan is bemg filed with this petition
n Fllmg Fee waiver tequested (apphcable to chapter 7 mdividuals onlyX Must
attach signed apphcation for the court's consideration See Ofii cial Form 3B n Acceptances ofthe plan were sohcited prepehtion fiom one or more
classes of creditors, in accordance with 11 U S C § 1126(b).
Statistical/Administrative Infonnation THIS SPACE IS FOR COURTUSE ONUY
L J Debtor estimates that funds will be available for distribution to unseeuied creditors.
S Debtor esUmates that, afler any exempt property is excluded and admimstrauve expenses paid, there will be no funds available for
distnbuuon to unsecured creditors
Estimated Number of Creditors
D n n n5,001- n D D D
1-49 n 1,000-
5,000 10,000
10.001-
23,000
25,001-
50,000
30.001-
100,000
Over
100,000
Estimated Assess
D E i n n n n n n 2010-23787
n u $100,00110 $500,001 $1,000,001 $10,000,001 $50,000,001 $100,000,001 $300,000,001 Moie Ihan FILED
soto $50,001 to $500,000 to$t toSlO toSSO to$lOO toSSOO to$lbillion $lhiIlion
$50,000 $100,000 milijon mdLon million million million F e b r u a r y 1 8 , 2010
Estimated Liabilities
D D D D 8 : 3 0 AM
D D n $1,000,001
D D
$0 to $50,001 to $100.00110 to SIO $10,000,001 $50,000,001 $100,000,001 $500,000,001 More than R E L I E F ORDERED
$500,000 $300,001 to $100 to $500 (oSlbdlion $lblllion CLERK, U S BflMKRUBTCY COURT
$50,000 $100,000 mdhon to $50
10 Sl million
million million EASTERN DISTRICT OP CALIFORNIA
million
Official Form 1(1/08) F O R M B l . Page 2
Name of Debtor(3)
Voluntary Petition
(This page must be completed and filed in every case)
Rxchard K Ruybalxd
All Pnor Bankniptcy Cases Filed Withm Last S Years (Ifmore than two, aitach additional sheet)
Locaiion Where Filed. Case Numoer Date Filed
NONE
Location "ATiera Filed- Case Numoer Date riled
Pending Bankruptcy Case Filed by any Spouse, Partner or AfBliate of this Debtor (Ifmore than one, attach additional sheet)
Name of Debtor Case Number Date Filed
NONE
Distnct Relationship Judge-
Kxhibit A Exhibit B
(To be completed if debtor is required to file penodic reports (To be completed if debtor is an individual
( e g , forms lOKand IOQ) withthe Secunties and Exchange whose debts arc pnmanly consumer debts)
Commission pursuant to Section 13 or 15(d) ofthe Secunties I, the attoiney for the petitioner named m the foregomg petition, declare that I
Exchange Actof 1934 and is requestmg rehef under Chapter 11)
havemformedthepetitionerthat [he or she] may proceed under chapter 7 , 1 1 , 1 2
or 13 of title 11, United States Code, and have explamed the relief avaitable under
each such chapter I fiirther certify that I ha-ve deh-vered to the deblor the notioe
required by U U S C §342(b)
CD Exhibit A IS attached and made a part ofthis petition X / a / Scott A CoBen 1/17/2010
Signature ofAttorney for Debtof(s)
Exhibit C
Does the debtor own or have possession ofany property that poses or is alleged to pose a threat of imminent and identifiable harm to public health
or safety'
C] Yes, and exhibit C is atlached and made a part ofthis petition
0 No
ExhibltD
(To be completed by every mdividual debtor If a j ouit pettion is filed, eaeh spouse must complete and attach a separate Exhibit D )
13 Exhibit D completed and signed by the debtor is attached and made part ofthis petitioa
If this IS ajomt petition
n Exhibit D also completed and signed by the joint debtor is attached and made a part ofthis petition
Information Regarding the Debtor - Venue
(Check any apphcable box)
K l Debtor has been domiciled or has liad a residence, prmcipal place of busmess, or prmcipal assets in this Distnct for 180 days immediately
precedmg the date ofthis petition or for a longer part ofsuch 180 days than m any other Distnct
(Zl There is a bankruptcy oase concermng debtor's aflBhate, general paitner, or partnership pending in this Distnct
L J Debtor is a debtor m a foreign proceedmg and has its pnncipal place of busmess or prmcipal assets m the Umted States in this Distnct, or has no
pnncipal place of business or assets m the United States but is a defendant m an action proceedmg [in a federal or statc court] in tins Distnct, or
the mterests ofthe parties will be served m regard to the relief sought m this DistncL
Cei-iificatton by a Debtor Who Resides as a Tenant of Residential Property
(Check all appUcable boxes )
C ] Landlord has a judgment against the debtor for possession of debtor's residence (If box checked, complete the followmg )
(Name of landlord that obtamed judgment)
(Address of landlord)
Q Debtor claims that under apphcable nonbankruptcy law, there are circumstances under which the debtor would be pemutted to cure the
entu-e monetary defaidt tliat gave nse to the judgment for possession, after the judgment for possession was entered, and
L i Debtor has mcluded -witli this petition the deposit with the oourt of any rent tliat would become due durmg the 30-day
period after the filmg ofthe petition.
LJ Debtor certifies that he/she has served the Landlord witli this certificatioa (11 U S C § 362(1))
Official F o r m 1(1/08) F O R M B l , Page 3
NameofDebtor(s)
Voluntary Petition
(This page must be completed and filed in every case)
Richard K. RuyJbaZad
Signatures
Signaturc(s) of Dcbtor(s) (Individual/Joint) Signature of a Foreign Representative
I declare under penalty ofperjury that the information provided m this
petition JS true and correct I declare underpenalty ofperjury that the infonmation provided m this
[If petitioner ts an mdividual whose debts are pnmanly consumer debts pettion IS true and correct, that I am the foreign representative ofa debtor
and has chosen to file under chapter 7] I am aware tbat I may proceed m aforeign proceedmg, and thatl am authorized to file this petition
under chapter 7 , 1 1 , 1 2 , or 13 of ttie 11, Umted States Code,
understand the relief available under each such chapter, and choose to (Check only one box )
proceed under chapter 7
Q I request reliefm accordance with chapter ISoftitle 11, Umted States
ftf no attoraey tBpresenb me and no bankruptcy petition preparer
Code Certified copies ofthe documents required by 11 U S C § 1515
signs the petition] I have obtamed and read the notice required by
are attached
I I U S C §342(b)
• Puisuant t o l l U S C §1511,1 request reliefm accordance with the
I request relief m accordance with the chapter of title 11, Umted States chapter of title 11 specified m this petition A certtfied copy ofthe
Ctode, specified mthis petition order grantmg recogmton ofthe foreign mam proceedmg is attached.
X / s / R i c i i a i - d K. Raybslxd.
Signature of Debtor X
(Signature of Foreign Representatve)
X
Signature ofjoint Debtor
(Pnnted name of Foreign Representatve)
Telephone Number (ifnot represented by attomey)
1/17/2010
1/17/2010 (Dats)
Date
Signature ofAttorney*
Signature of Non-Attorney Bankruptcy Petition Preparer
X / s / S c o t t A. CoBen I declare under penaity ofperjury that (1) I am a bankruptcy petition
Signature ofAttorney for DebtoiXsi preparer as defmed m l l U S C §110, (2)1 prepared this document for
compensation and have pro'vided the debtor with a copy ofthis document
S c o t t A. CoBen 1 5 5 1 6 0 and the notices and infoimaton required under 11 U S C §§ 110(b), 110
Pnnted Name of Attomey foi Dcbtor(s) (h), and 342(b), and, (3) if rules or gmdelmes have been promulgated
COBEN & A S S O C I A T E S pursuant to 11 U S C § 110(h) setting a maximum fee for services
Fum Name bankiuptcy p e t t o n preparers, I have given the debtor notce ofthe
maximum amount before preparmg any document for fihng for a debtor
1214 F Street or acceptmg any fee from the debtor, as required m that section QfSciat
Address Foim 19 IS attached
S a c r a i n e n t o CA 95814
Pnnted Name and title, if any, of Bankmptcy Petton Preparer
(916) 492-9010
Telephone Nmnber Social-Seounty number (If Ihe bankruptcy petition preparer is not an
mdmdual, state the Social-Secunty number ofthe officer, prmcipal,
1/17/2010 responsible peison or partner ofthe bankiuptcy pettion preparer)
Date
(RequiredbyllUSC §110)
•In a case m which § 707(b)(4XD) applies, this signature also
constitutes a certification that the attomey has no knowledge
after an mquiry that the informaton m the schedules is mcorred /iddress
Signatnre of Debtor (Corporation/Partnership)
X
I declare under penaity of peijury that the information provided
m this petition is true and correct, and that I have been
authonzed to file this petiton on behalfofthe debtor Date
Signature of bankniptcy petiton preparer or ofBcer, prmcipal,
The debtor requests the rehef in accordance with the chapter of responsible person, or partier whose Social-Secunty number is provided
title 11, United Slates Code, specdied m this petition Names and Social-Security numbers ofall other mdividuals who prepared
or assisted m preparmg this document unless lhe bankruptcy peimon
preparer is not an mdividual
X
signatm-e of Aulho^^ed Individual
Pnnted Name of Authonzed bidiwdual
If more than one penon prepared this document, attach additional
sheets conforming to the appropnale official form for each person
Title of Authonzed Individual A banhvptcy petition preparer's failure to comply with the provisions of title
11 and the Federal Rules ofBankruptcy Procedure may result m fines or
1/17/2010 imprisonment or both 11 U S C §110, I S U S C § 1 5 6
Date
Preview
Todd A. Jones (BarNo. 198024) tj ones@archemorris.com Gregory K. Federico (BarNo. 242184) gfederico@archemoms.com 3 ARCHERNORRIS A Professional Law Corporation 4 655 University Avenue, Suite 225 Sacramento, Califomia 95825-6747 5 Telephone: 916.646.2480 Facsimile: 916.646.5696 6 Attomeys for Defendant 7 R4C0RP, INC., a Califomia Corporation 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 11 RODNEY ABBOTT and FLORENTINE CaseNo. 07AS04450 12 ABBOTT, REQUEST FOR JUDICIAL NOTICE IN 13 Plaintiffs, SUPPORT OF MOTION TO QUASH/STRIKE/DISMISS SERVICE OF 14 V. AMENDED SUMMONS AND DOE AMENDMENT ON R4C0RP, INC. 15 RONALD PAUL BRITSCHGI, et al.. Date: October 29,2010 16 Defendants Time: 2:00 p.m. Dept: 53 17 Action Filed: September 24,2007 18 AND RELATED CROSS-ACTIONS. 19 20 TO THIS COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 21 PLEASE TAKE NOTICE THAT pursuant to Evidence Code §§ 452 and 453, Defendant 22 R4C0RP, INC. respectfiilly requests that this Court takejudicial notice ofthe following 23 documents that are on file in the official records ofthe Califomia Secretary of State, which reflect 24 the official actions ofan agency ofthe State of Califomia, as well as the action filed in the United 25 States Bankraptcy Court for the Eastem District ofCalifomia. 26 Exhibit-A: Articles of Incorporation of R4C0RP, INC. a Califomia corporation, filed 27 March 21, 2006 and as maintained by the Cahfomia Secretary o£^0ter> -- "•'•-• -> Tv 28 / / ^ - • ' i N1C549/974782-1 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO QUASH/STRIKE SERVICE OF AMENDED SUMMONS AND DOE AMENDMENT Exhibit-B: Mr. Ruybalid's Chapter 13 Petition for Bankraptcyfiledin the United States Bankraptcy Court for the Eastem District of California, filed on Febraary IS, 2010, Case No. 2010-23787. 4 Dated: June '^\ , 2010 ARCHER NORRIS 5 ^Ki^r^ ' Gregory K. Federico Attomeys for Defendant 8 R4C0RP, INC., a Califomia Corporation 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NIC549/974782-1 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO QUASH/STRIKE SERVICE OF AMENDED SUMMONS AND DOE AMENDMENT state of California Secretary of State I, BRUCE McPHERSON, Secretary of State of the State of California, hereby certify: That the attached transcript of page(s) has been compared with the record on file in this office, of which it purports to be a copy, and that it is full, true and correct. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of MAR 2 1 2006 ^7^^:^'^^^-^'?^ BRUCE McPHERSON Secretary of State u u j i luumiLUVllS,! Sec/State Fotm CE-107 (REV 03/31/05) OSP OS 94200 t. v.; \.r » * V «r »• ARTICLES OF INCORPORATION R4Corp, Inc. ENDORSED - FILED hi the office of the Secretary of State ofthe State ofCalifornia MAR 2 1 2006 The name ofthis corporation is R4Corp, Inc.. n The piupose ofthe corporation is to engage in any lawful act or activity for which a corporation may be organized undertiieGENERAL CORPORATION LAW of Califomia otiiertiiantiiebanking busmess, the trast company business or the practice of a profession permitted to be incorporated by the Cahfomia Corporations Code. m The name and address m the State of Cahfomia ofthe corporation's initial agent for service of process is: Name: Richard K Ruybahd Address- 9332 Fan Oaks Blvd. City: Fan Oaks, CA 95628 IV This corporation is authorized to issue only one class of shares of stock; and the total number of shares which this corporation is authorized to issue is 10,000 Date: March 18,2006 OfBdal Form 1 (i/08) United States Bankruptcy Court EASTEBN DISTRICT O F CAIiIFOHNIA N a m e o f Debtor fif mdjvuial, mter Last, Piist, Middle) Name of Jomt Debtor (SpouseJtLast, Fust, Middle) R a y b a l x d , Rxchard K. All O t h e r N a m e s used by ' h e D e b t o r in the last 8 years All Other N a m e s used b y the Joint Debtor in t h e last S years (mclude mamed, maiden, and trade names) (mclude mamed, maiden, and trade names) f d b a CA C o n s t r a c t i o n , £dba Valley Cahzaeta Lastfour digits of Soc Sec orlndvidual-TaxpayerlD (ITIN) No/Complete EIN Last four digits of Soc Sec or Indvidual-Taxpayer LD (ITIN) No/Complete EIN Ofmoic than one, stale all) 5143 ^ m o i e than one, stste all) Street A d d r e s s o f D e b t o r (No &. Street, Qty, and state) Street Addiess of Joutt Debtor (No & Street, City, and State) 9 3 3 2 F a u : OaJcs B l v d . . F a i r - Oajfcs CA ZIPCODE atCODE 95628 County of Residence or ofthe C o u n t y of Residence or o f t h e Principal Place ofBusiness S^aramento P n n c i p a l Place of B u s m e s s Mailing Address of Debtor 61 diEeient fiom ttreet addiess) M a i l m g Address o f Jomt D e b t o r efdiffaent fi-om street address) SitMET ZIPCODE L o c a t i o n o f Prmcipal Assets o f B u s i n e s s D e b t o r Cfdiffcrent fiom stieet address above) NOT X P P L I C K B L E Type of D e b t o r (Foim of oiganization) Nature of Business Chapter of Bankruptcy Code TJnder Which (Check o n e box.) tlie Petition is Filed (Check one box) (Check one box.) ra I n d i v i d u a l (includes Joint D e b t o i s ) f~l Health Care Busmess n Chapter? r~l Chapter IS Petition for Recogmtion r~l Smgle Asset Real Estate as defmed D Chapter 9 ofa Foreign Mam Proceeding See Exhibit D on page 2 ofthis form m i l U S C §101(51B) n Chapter 11 n Corporation (mcludes LLC and LLP) n Chapter 12 CH Chapter 15 Petition for Reoogmhon L l Railroad of a Foreign. Nomnam Proceedmg n Partnerehip S Chapter 13 n Stockbroker C J Other (if debtor is not one of the above Natm-e of Debts (Check one box) enuues, check this box and slale type of [ I Commodity Broker K l Debts are pnmanly consumer debts, defmed Q Debts are primarily entity below |_J Clearmg Bank in 11 U S C § 101(8) as "mcurred by an business debts n Other mdi-vidual pnmanly for a personal, family, or household purpose" Tax-Exempt Entity Chapter 11 Debtors: (Check box, if applicable) Check one box: I I Debtor 13 a tax-exempt organization D Debtor is a small busmess as defmed in 11 U.S C § 101 (51D) under Title 26 ofthe United States OOebtorisnotasmaUbusmessdebtoras defined m i l U S C § I01(51D) Code (the IhteiTial Revenue Code) Filmg Fee (Check one box) Check if. H Full Fllmg Fee attached 1~| Debtor's aggregate noncontmgent liquidated debts (excludmg debts I I Filing Fcc to be paid m mstallments (apphcable to mdividuals only) Musl owed to insiders or affiliates) are less than $2,190,000 attach signed application for the court's consideration certiiymg that the debtor 15 unable to pay fee except m instalhnents Rule l006(bX See OfTicial Form 3A Check all applicable boxes: n A plan is bemg filed with this petition n Fllmg Fee waiver tequested (apphcable to chapter 7 mdividuals onlyX Must attach signed apphcation for the court's consideration See Ofii cial Form 3B n Acceptances ofthe plan were sohcited prepehtion fiom one or more classes of creditors, in accordance with 11 U S C § 1126(b). Statistical/Administrative Infonnation THIS SPACE IS FOR COURTUSE ONUY L J Debtor estimates that funds will be available for distribution to unseeuied creditors. S Debtor esUmates that, afler any exempt property is excluded and admimstrauve expenses paid, there will be no funds available for distnbuuon to unsecured creditors Estimated Number of Creditors D n n n5,001- n D D D 1-49 n 1,000- 5,000 10,000 10.001- 23,000 25,001- 50,000 30.001- 100,000 Over 100,000 Estimated Assess D E i n n n n n n 2010-23787 n u $100,00110 $500,001 $1,000,001 $10,000,001 $50,000,001 $100,000,001 $300,000,001 Moie Ihan FILED soto $50,001 to $500,000 to$t toSlO toSSO to$lOO toSSOO to$lbillion $lhiIlion $50,000 $100,000 milijon mdLon million million million F e b r u a r y 1 8 , 2010 Estimated Liabilities D D D D 8 : 3 0 AM D D n $1,000,001 D D $0 to $50,001 to $100.00110 to SIO $10,000,001 $50,000,001 $100,000,001 $500,000,001 More than R E L I E F ORDERED $500,000 $300,001 to $100 to $500 (oSlbdlion $lblllion CLERK, U S BflMKRUBTCY COURT $50,000 $100,000 mdhon to $50 10 Sl million million million EASTERN DISTRICT OP CALIFORNIA million Official Form 1(1/08) F O R M B l . Page 2 Name of Debtor(3) Voluntary Petition (This page must be completed and filed in every case) Rxchard K Ruybalxd All Pnor Bankniptcy Cases Filed Withm Last S Years (Ifmore than two, aitach additional sheet) Locaiion Where Filed. Case Numoer Date Filed NONE Location "ATiera Filed- Case Numoer Date riled Pending Bankruptcy Case Filed by any Spouse, Partner or AfBliate of this Debtor (Ifmore than one, attach additional sheet) Name of Debtor Case Number Date Filed NONE Distnct Relationship Judge- Kxhibit A Exhibit B (To be completed if debtor is required to file penodic reports (To be completed if debtor is an individual ( e g , forms lOKand IOQ) withthe Secunties and Exchange whose debts arc pnmanly consumer debts) Commission pursuant to Section 13 or 15(d) ofthe Secunties I, the attoiney for the petitioner named m the foregomg petition, declare that I Exchange Actof 1934 and is requestmg rehef under Chapter 11) havemformedthepetitionerthat [he or she] may proceed under chapter 7 , 1 1 , 1 2 or 13 of title 11, United States Code, and have explamed the relief avaitable under each such chapter I fiirther certify that I ha-ve deh-vered to the deblor the notioe required by U U S C §342(b) CD Exhibit A IS attached and made a part ofthis petition X / a / Scott A CoBen 1/17/2010 Signature ofAttorney for Debtof(s) Exhibit C Does the debtor own or have possession ofany property that poses or is alleged to pose a threat of imminent and identifiable harm to public health or safety' C] Yes, and exhibit C is atlached and made a part ofthis petition 0 No ExhibltD (To be completed by every mdividual debtor If a j ouit pettion is filed, eaeh spouse must complete and attach a separate Exhibit D ) 13 Exhibit D completed and signed by the debtor is attached and made part ofthis petitioa If this IS ajomt petition n Exhibit D also completed and signed by the joint debtor is attached and made a part ofthis petition Information Regarding the Debtor - Venue (Check any apphcable box) K l Debtor has been domiciled or has liad a residence, prmcipal place of busmess, or prmcipal assets in this Distnct for 180 days immediately precedmg the date ofthis petition or for a longer part ofsuch 180 days than m any other Distnct (Zl There is a bankruptcy oase concermng debtor's aflBhate, general paitner, or partnership pending in this Distnct L J Debtor is a debtor m a foreign proceedmg and has its pnncipal place of busmess or prmcipal assets m the Umted States in this Distnct, or has no pnncipal place of business or assets m the United States but is a defendant m an action proceedmg [in a federal or statc court] in tins Distnct, or the mterests ofthe parties will be served m regard to the relief sought m this DistncL Cei-iificatton by a Debtor Who Resides as a Tenant of Residential Property (Check all appUcable boxes ) C ] Landlord has a judgment against the debtor for possession of debtor's residence (If box checked, complete the followmg ) (Name of landlord that obtamed judgment) (Address of landlord) Q Debtor claims that under apphcable nonbankruptcy law, there are circumstances under which the debtor would be pemutted to cure the entu-e monetary defaidt tliat gave nse to the judgment for possession, after the judgment for possession was entered, and L i Debtor has mcluded -witli this petition the deposit with the oourt of any rent tliat would become due durmg the 30-day period after the filmg ofthe petition. LJ Debtor certifies that he/she has served the Landlord witli this certificatioa (11 U S C § 362(1)) Official F o r m 1(1/08) F O R M B l , Page 3 NameofDebtor(s) Voluntary Petition (This page must be completed and filed in every case) Richard K. RuyJbaZad Signatures Signaturc(s) of Dcbtor(s) (Individual/Joint) Signature of a Foreign Representative I declare under penalty ofperjury that the information provided m this petition JS true and correct I declare underpenalty ofperjury that the infonmation provided m this [If petitioner ts an mdividual whose debts are pnmanly consumer debts pettion IS true and correct, that I am the foreign representative ofa debtor and has chosen to file under chapter 7] I am aware tbat I may proceed m aforeign proceedmg, and thatl am authorized to file this petition under chapter 7 , 1 1 , 1 2 , or 13 of ttie 11, Umted States Code, understand the relief available under each such chapter, and choose to (Check only one box ) proceed under chapter 7 Q I request reliefm accordance with chapter ISoftitle 11, Umted States ftf no attoraey tBpresenb me and no bankruptcy petition preparer Code Certified copies ofthe documents required by 11 U S C § 1515 signs the petition] I have obtamed and read the notice required by are attached I I U S C §342(b) • Puisuant t o l l U S C §1511,1 request reliefm accordance with the I request relief m accordance with the chapter of title 11, Umted States chapter of title 11 specified m this petition A certtfied copy ofthe Ctode, specified mthis petition order grantmg recogmton ofthe foreign mam proceedmg is attached. X / s / R i c i i a i - d K. Raybslxd. Signature of Debtor X (Signature of Foreign Representatve) X Signature ofjoint Debtor (Pnnted name of Foreign Representatve) Telephone Number (ifnot represented by attomey) 1/17/2010 1/17/2010 (Dats) Date Signature ofAttorney* Signature of Non-Attorney Bankruptcy Petition Preparer X / s / S c o t t A. CoBen I declare under penaity ofperjury that (1) I am a bankruptcy petition Signature ofAttorney for DebtoiXsi preparer as defmed m l l U S C §110, (2)1 prepared this document for compensation and have pro'vided the debtor with a copy ofthis document S c o t t A. CoBen 1 5 5 1 6 0 and the notices and infoimaton required under 11 U S C §§ 110(b), 110 Pnnted Name of Attomey foi Dcbtor(s) (h), and 342(b), and, (3) if rules or gmdelmes have been promulgated COBEN & A S S O C I A T E S pursuant to 11 U S C § 110(h) setting a maximum fee for services Fum Name bankiuptcy p e t t o n preparers, I have given the debtor notce ofthe maximum amount before preparmg any document for fihng for a debtor 1214 F Street or acceptmg any fee from the debtor, as required m that section QfSciat Address Foim 19 IS attached S a c r a i n e n t o CA 95814 Pnnted Name and title, if any, of Bankmptcy Petton Preparer (916) 492-9010 Telephone Nmnber Social-Seounty number (If Ihe bankruptcy petition preparer is not an mdmdual, state the Social-Secunty number ofthe officer, prmcipal, 1/17/2010 responsible peison or partner ofthe bankiuptcy pettion preparer) Date (RequiredbyllUSC §110) •In a case m which § 707(b)(4XD) applies, this signature also constitutes a certification that the attomey has no knowledge after an mquiry that the informaton m the schedules is mcorred /iddress Signatnre of Debtor (Corporation/Partnership) X I declare under penaity of peijury that the information provided m this petition is true and correct, and that I have been authonzed to file this petiton on behalfofthe debtor Date Signature of bankniptcy petiton preparer or ofBcer, prmcipal, The debtor requests the rehef in accordance with the chapter of responsible person, or partier whose Social-Secunty number is provided title 11, United Slates Code, specdied m this petition Names and Social-Security numbers ofall other mdividuals who prepared or assisted m preparmg this document unless lhe bankruptcy peimon preparer is not an mdividual X signatm-e of Aulho^^ed Individual Pnnted Name of Authonzed bidiwdual If more than one penon prepared this document, attach additional sheets conforming to the appropnale official form for each person Title of Authonzed Individual A banhvptcy petition preparer's failure to comply with the provisions of title 11 and the Federal Rules ofBankruptcy Procedure may result m fines or 1/17/2010 imprisonment or both 11 U S C §110, I S U S C § 1 5 6 Date