Preview
STEPHANIE J. FINELLI, SEN 173462
Law Office of Stephanie J. Finelli
1007-7th Street, Suite 500
Sacramento, CA 95814
tel 916-443-2144
fax 916-443-1511
Attorney for Plaintiffs,
FLO and RODNEY ABBOTT
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SACRAMENTO
9
10 FLORENTINE AND RODNEY ABBOTT, CaseNo.:07AS04450
11 Plaintiffs, EX PARTE APPLICATION FOR ORDER
SHORTENING TIME TO FILE MOTION TO
12 vs. CONTINUE TRIAL DATE
California Rules of Court, Rule 3.1202; Local
13 RONALD BRITSCHGI, et. al., Rule 2.04]
14 Defendants Date: 05/06/09
Time: 9:00 a.m.
15 Dept: 47
16 and related cross-action
17
18 Plaintiffs FLORENTINE AND RODNEY ABBOTT hereby apply ex parte for an order
19 shortening time on a motion to set continue the May 11, 2009 trial date.
20
21 EX PARTE APPLICATION FOR ORDER TO SHORTEN TIME FOR MOTION TO
22
CONTINUE TRIAL DATE:
23 The undersigned declares as follows:
24 1. I am an attorney duly licensed and practicing in the State of California,
25 represent plaintiffs Rodney and Florentine Abbott in this proceeding. If called as a witness,
26 could and would competently testify to the following.
27 2. Attached hereto is a copy of plaintiffs' Motion to Continue Trial Date, which '
28 served by email to each of the defendants on May 5, 2009 at approximately 6:20 p.m., and
which I intend to file at the ex parte hearing.
Ex Parte Request for Order Shortening Time - 1
3. Delay in hearing this matter will severely prejudice plaintiffs and cause
substantial hardship because the trial date is May 11, 2009. Unless hearing on this matter is hek
on or before May 11, 2009, plaintiffs will be prejudiced in that they will not be able to continue
the trial date.
4. Defendant Ronald Britschgi is represented by Craig Lundgren who is located at
424 2nd Street, Suite A, Davis, CA 95616, fax number 530-297-5077. Defendant CA
Construction is represented by Gregory Federico of Archer Norris, 655 University Ave., Suite
225, Sacramento, CA 95825, fax no. 916-646-5696. Cross-defendant Cadre Designs i;
9 represented by Richard Sopp of Maloney, Wheatley, Sopp & Brooks, 1004 Moon River Rock
10 Drive, Suite 245 Folsom, CA 95630, fax number 916-988-5296. On May 4, 2009,1 faxed each
11 of these attorneys a letter notifying them of the ex parte hearing and asking if they were willing
12 to stipulate to continue trial, a true and correct copy of which is attached hereto. On the morning
13 of May 5, 2009 at approximately 8:30 a.m., I emailed each of them, reiterating that I had set an
14 ex parte hearing and again asking if they were willing to stipulate to continue the trial. Craig
15 Lundgren and Gregory Federico each told me they would not so stipulate. I have not heard from
16 Mr. Sopp.
17 I declare under penalty of perjury that the foregoing is true and correct.
18
19 Date: May ln ,2009
20
Attorney for Plaintiffs
21
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25
26
27
28
Ex Parte Request for Order Shortening Time - 2
POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION
Pursuant to California Rules of Court, Rule 3.1202, this Court has the authority to grant
Plaintiffs ex parte application on good cause shown. Here, good cause is shown to justify an
order shortening time to file a motion to continue the trial date in that unless plaintiffs' motion is
heard on or before May 11, 2009, they may not be able to continue the trial date, as trial is set to
begin on May 11,2009.
Plaintiffs only recently discovered that their home may contain additional defects—to
wit, it may be sitting on uncompacted soil—that they did not realize until their experts were
being deposed. This motion to continue the trial date is being made as soon as possible aftei
10
making that discovery and after determining that additional testing will need to be done on
11
plaintiffs' house. This testing is unlikely to be completed by May 11, 2009, and even if it were,
12
such would not give plaintiffs or defendants enough time to prepare for trial based upon this new
13
information. Plaintiffs are entitled to their day in court based upon all of the evidence of all of
14 the damages they have incurred. As such, this Court should shorten time on a hearing to
15 continue the trial date.
16
17 Date: May £? ,2009 By:
STEPHANI
18 Attorney for Plaintiffs
19
20
21
22
23
24
25
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27
28
Ex Parte Request for Order Shortening Time - 3
Law Office of Stephanie J. Finem
1007 Seventh Street, Suite 500
Sacramento, California 95814
Tel (916) 443-2144
Fax (916) 443-1511
May 4, 2009
Craig Lundgren
424 2nd Street, Suite A
Davis, CA 95616
via fax only 530-297-5077
Gregory Federico
Archer Norris
655 University Ave., Suite 225
Sacramento, CA 95825
via fax only 916-646-5696
Richard Sopp
Maloney, Wheatley, Sopp & Brooks
1004 Moon River Rock Drive, Suite 245
Folsom, CA 95630
via fax only 916-988-5296
Re: Abbott v. BritschRJ, et. al., Sacramento County case no. 07AS04450
Dear Gentlemen:
I write to inform you that I have set a hearing on an ex parte motion for an order
shortening time for a motion to continue the trial date.
The hearing is on May 6, 2009 at 9:00 a.m. in Dept. 47.
I am seeking a two-month continuance of the trial date to allow for additional
discovery as to whether the soil under my clients' home was properly compacted. I may
also be seeking to amend the complaint to add such allegations. As you are aware, this is
an issue that has come up only recently in the case.
Please let me know if you ware willing to stipulate to continue the trial date.
Sincerely .yours,
\.
Stephanie J. Finelli
TRANSMISSION VERIFICATION REPORT
TIME 05/04/2809 11:38
NAME LAW OFFICES
FAX 91B4431511
TEL 9164431504
SER.tt BROL7J729626
DATE, TIME 05/B4 -,, .q?
153023750777
00:00:14
RESULT
MODE
STANDARD
ECM
Law Office of Stephanie J, Finelli
1007 Seventh Street, Suite 500
Sacramento, California 95814
Tel (916) 443-2144
Fax (916) 443-1511
May 4, 2009
Craig Lundgren
424 2nd Street, Suite A
Davis, CA 95616
via fax only 530-297-5077
Gregory Federico
Archer Morris
655 University Ave,, Suite 225
Sacramento, CA 95825
via fax only 916-646-5696
Richard Sopp
Maloney, Wheatley, Sopp & Brooks
1004 Moon River Rock Drive, Suite 245
Folsom, CA 95630
via fax only 916-988-5296
Re: Abbott v. Britschgi, et, al., Sacramento County case no. Q7AS04450
Dear Gentlemen:
I write to inform you that J have set a hearing on an ex parte motion for an order
shortening time for a motion to continue the trial date.
TRANSMISSION VERIFICATION REPORT
TIME 05/04/2809 11:39
NAME LAW OFFICES
FAX 9164431511
TEL 9164431504
SER.tt BROL7J729626
DATE,TIME 05/04 11:38
FAX NO./NAME 6465696
DURATION 00:00:14
PAGE(S) 01
RESULT OK
MODE STANDARD
ECM
Law Office of Stephanie J. Finelli
1007 Seventh Street, Suite 500
Sacramento, California 95814
Tel (91.6) 443-2144
Fax (916) 443-1511
May 4,2009
Craig Lundgren
424 2nd Street, Suite A
Davis, CA 95616
via fax only 530-297-507?
Gregory Fedcrico
Archer Nortis
655 University Ave., Suite 225
Sacramento, CA 95825
via fax only 9J6-646-5696
Richard Sopp
Maloney, Whealley, Sopp & Brooks
1004 Moon River Rock Drive, Suite 245
Folsom, CA 95630
via fax only 916-988-5296
Re: Abbott v. Britschei. et. al., Sacramento County case no. 07AS04450
Dear Gentlemen:
I write to inform you that I have set a hearing on an ex partc motion for an order
shortening time for a motion to continue the trial date.
TRANSMISSION VERIFICATION REPORT
TIME 05/64/2009 11:50
NAME LAW OFFICES
FAX 9164431511
TEL 9164431504
SER.tt BROL7J729626
DATE,TIME 05/04 11:50
FAX NO./NAME 9885296
DURATION 00:00:21
PAGE(S) 01
RESULT " OK
MODE STANDARD
ECM
Law Office of Stephanie J. Finelli
1007 Seventh Street, Suite 500
Sacramento, California 95814
Tel (916) 443-2144
Fax (£16) 443-1511
May 4, 2009
Craig Lundgren
424 2nd Street, Suite A
Davis, CA 95616
via fax only 530-297-5077
Gregory Federico
Archer Norn's
655 University Ave., Suite 225
Sacramento, CA 95825
via fax only 9J 6-646-5696
Richard Sopp
Maloney, Wheatley, Sopp & Brooks
1004 Moon River Rock Drive, Suite 245
Folsom, CA 95630
via fax only 916-988-5296
Re:
Abbott v. Britschgi. et. al., Sacramento County case no, 07AS04450
Dear Gentlemen:
I write to inform you that I have set a hearing on an ex parte motion for an order
shortening time for a motion to continue the trial date.
Preview
STEPHANIE J. FINELLI, SEN 173462 Law Office of Stephanie J. Finelli 1007-7th Street, Suite 500 Sacramento, CA 95814 tel 916-443-2144 fax 916-443-1511 Attorney for Plaintiffs, FLO and RODNEY ABBOTT IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SACRAMENTO 9 10 FLORENTINE AND RODNEY ABBOTT, CaseNo.:07AS04450 11 Plaintiffs, EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO FILE MOTION TO 12 vs. CONTINUE TRIAL DATE California Rules of Court, Rule 3.1202; Local 13 RONALD BRITSCHGI, et. al., Rule 2.04] 14 Defendants Date: 05/06/09 Time: 9:00 a.m. 15 Dept: 47 16 and related cross-action 17 18 Plaintiffs FLORENTINE AND RODNEY ABBOTT hereby apply ex parte for an order 19 shortening time on a motion to set continue the May 11, 2009 trial date. 20 21 EX PARTE APPLICATION FOR ORDER TO SHORTEN TIME FOR MOTION TO 22 CONTINUE TRIAL DATE: 23 The undersigned declares as follows: 24 1. I am an attorney duly licensed and practicing in the State of California, 25 represent plaintiffs Rodney and Florentine Abbott in this proceeding. If called as a witness, 26 could and would competently testify to the following. 27 2. Attached hereto is a copy of plaintiffs' Motion to Continue Trial Date, which ' 28 served by email to each of the defendants on May 5, 2009 at approximately 6:20 p.m., and which I intend to file at the ex parte hearing. Ex Parte Request for Order Shortening Time - 1 3. Delay in hearing this matter will severely prejudice plaintiffs and cause substantial hardship because the trial date is May 11, 2009. Unless hearing on this matter is hek on or before May 11, 2009, plaintiffs will be prejudiced in that they will not be able to continue the trial date. 4. Defendant Ronald Britschgi is represented by Craig Lundgren who is located at 424 2nd Street, Suite A, Davis, CA 95616, fax number 530-297-5077. Defendant CA Construction is represented by Gregory Federico of Archer Norris, 655 University Ave., Suite 225, Sacramento, CA 95825, fax no. 916-646-5696. Cross-defendant Cadre Designs i; 9 represented by Richard Sopp of Maloney, Wheatley, Sopp & Brooks, 1004 Moon River Rock 10 Drive, Suite 245 Folsom, CA 95630, fax number 916-988-5296. On May 4, 2009,1 faxed each 11 of these attorneys a letter notifying them of the ex parte hearing and asking if they were willing 12 to stipulate to continue trial, a true and correct copy of which is attached hereto. On the morning 13 of May 5, 2009 at approximately 8:30 a.m., I emailed each of them, reiterating that I had set an 14 ex parte hearing and again asking if they were willing to stipulate to continue the trial. Craig 15 Lundgren and Gregory Federico each told me they would not so stipulate. I have not heard from 16 Mr. Sopp. 17 I declare under penalty of perjury that the foregoing is true and correct. 18 19 Date: May ln ,2009 20 Attorney for Plaintiffs 21 22 23 24 25 26 27 28 Ex Parte Request for Order Shortening Time - 2 POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION Pursuant to California Rules of Court, Rule 3.1202, this Court has the authority to grant Plaintiffs ex parte application on good cause shown. Here, good cause is shown to justify an order shortening time to file a motion to continue the trial date in that unless plaintiffs' motion is heard on or before May 11, 2009, they may not be able to continue the trial date, as trial is set to begin on May 11,2009. Plaintiffs only recently discovered that their home may contain additional defects—to wit, it may be sitting on uncompacted soil—that they did not realize until their experts were being deposed. This motion to continue the trial date is being made as soon as possible aftei 10 making that discovery and after determining that additional testing will need to be done on 11 plaintiffs' house. This testing is unlikely to be completed by May 11, 2009, and even if it were, 12 such would not give plaintiffs or defendants enough time to prepare for trial based upon this new 13 information. Plaintiffs are entitled to their day in court based upon all of the evidence of all of 14 the damages they have incurred. As such, this Court should shorten time on a hearing to 15 continue the trial date. 16 17 Date: May £? ,2009 By: STEPHANI 18 Attorney for Plaintiffs 19 20 21 22 23 24 25 26 27 28 Ex Parte Request for Order Shortening Time - 3 Law Office of Stephanie J. Finem 1007 Seventh Street, Suite 500 Sacramento, California 95814 Tel (916) 443-2144 Fax (916) 443-1511 May 4, 2009 Craig Lundgren 424 2nd Street, Suite A Davis, CA 95616 via fax only 530-297-5077 Gregory Federico Archer Norris 655 University Ave., Suite 225 Sacramento, CA 95825 via fax only 916-646-5696 Richard Sopp Maloney, Wheatley, Sopp & Brooks 1004 Moon River Rock Drive, Suite 245 Folsom, CA 95630 via fax only 916-988-5296 Re: Abbott v. BritschRJ, et. al., Sacramento County case no. 07AS04450 Dear Gentlemen: I write to inform you that I have set a hearing on an ex parte motion for an order shortening time for a motion to continue the trial date. The hearing is on May 6, 2009 at 9:00 a.m. in Dept. 47. I am seeking a two-month continuance of the trial date to allow for additional discovery as to whether the soil under my clients' home was properly compacted. I may also be seeking to amend the complaint to add such allegations. As you are aware, this is an issue that has come up only recently in the case. Please let me know if you ware willing to stipulate to continue the trial date. Sincerely .yours, \. Stephanie J. Finelli TRANSMISSION VERIFICATION REPORT TIME 05/04/2809 11:38 NAME LAW OFFICES FAX 91B4431511 TEL 9164431504 SER.tt BROL7J729626 DATE, TIME 05/B4 -,, .q? 153023750777 00:00:14 RESULT MODE STANDARD ECM Law Office of Stephanie J, Finelli 1007 Seventh Street, Suite 500 Sacramento, California 95814 Tel (916) 443-2144 Fax (916) 443-1511 May 4, 2009 Craig Lundgren 424 2nd Street, Suite A Davis, CA 95616 via fax only 530-297-5077 Gregory Federico Archer Morris 655 University Ave,, Suite 225 Sacramento, CA 95825 via fax only 916-646-5696 Richard Sopp Maloney, Wheatley, Sopp & Brooks 1004 Moon River Rock Drive, Suite 245 Folsom, CA 95630 via fax only 916-988-5296 Re: Abbott v. Britschgi, et, al., Sacramento County case no. Q7AS04450 Dear Gentlemen: I write to inform you that J have set a hearing on an ex parte motion for an order shortening time for a motion to continue the trial date. TRANSMISSION VERIFICATION REPORT TIME 05/04/2809 11:39 NAME LAW OFFICES FAX 9164431511 TEL 9164431504 SER.tt BROL7J729626 DATE,TIME 05/04 11:38 FAX NO./NAME 6465696 DURATION 00:00:14 PAGE(S) 01 RESULT OK MODE STANDARD ECM Law Office of Stephanie J. Finelli 1007 Seventh Street, Suite 500 Sacramento, California 95814 Tel (91.6) 443-2144 Fax (916) 443-1511 May 4,2009 Craig Lundgren 424 2nd Street, Suite A Davis, CA 95616 via fax only 530-297-507? Gregory Fedcrico Archer Nortis 655 University Ave., Suite 225 Sacramento, CA 95825 via fax only 9J6-646-5696 Richard Sopp Maloney, Whealley, Sopp & Brooks 1004 Moon River Rock Drive, Suite 245 Folsom, CA 95630 via fax only 916-988-5296 Re: Abbott v. Britschei. et. al., Sacramento County case no. 07AS04450 Dear Gentlemen: I write to inform you that I have set a hearing on an ex partc motion for an order shortening time for a motion to continue the trial date. TRANSMISSION VERIFICATION REPORT TIME 05/64/2009 11:50 NAME LAW OFFICES FAX 9164431511 TEL 9164431504 SER.tt BROL7J729626 DATE,TIME 05/04 11:50 FAX NO./NAME 9885296 DURATION 00:00:21 PAGE(S) 01 RESULT " OK MODE STANDARD ECM Law Office of Stephanie J. Finelli 1007 Seventh Street, Suite 500 Sacramento, California 95814 Tel (916) 443-2144 Fax (£16) 443-1511 May 4, 2009 Craig Lundgren 424 2nd Street, Suite A Davis, CA 95616 via fax only 530-297-5077 Gregory Federico Archer Norn's 655 University Ave., Suite 225 Sacramento, CA 95825 via fax only 9J 6-646-5696 Richard Sopp Maloney, Wheatley, Sopp & Brooks 1004 Moon River Rock Drive, Suite 245 Folsom, CA 95630 via fax only 916-988-5296 Re: Abbott v. Britschgi. et. al., Sacramento County case no, 07AS04450 Dear Gentlemen: I write to inform you that I have set a hearing on an ex parte motion for an order shortening time for a motion to continue the trial date.