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1 Todd A. Jones (BarNo. 198024)
tj ones@archemorris.com
2 Gregory K. Federico (BarNo. 242184)
gfederico@archemorris.com
3 ARCHER NORRIS
A Professional Law Corporation FlLED/ENDOeSED
4 301 University Avenue, Suite 110
Sacramento, Califoniia 95825-5537
5 Telephone: 916.646.2480 MAY - 3 2011
Facsimile: 916.646.5696
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Attomeys for Defendants Bv: A MACIAS
7 DEPUTY CLERK
RICHARD KIRK RUYBALID, individually, and
dba CA CONSTRUCTION
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9 SUPERIOR COURT OF CALIFORNL\
10 COUNTY OF SACRAMENTO
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12 RODNEY ABBOTT and FLORENTINE CaseNo. 07AS04450
ABBOTT,
13 DECLARATION OF GREGORY K.
Plaintiffs, FEDERICO IN SUPPORT OF NOTICE OF
14 NON-OPPOSITION
15 Hearing Date: May 20, 2011
RONALD PAUL BRITSCHGI, et al.. Time: 9:00 a.m.
16 Dept.: 43
Defendants. Judge: Brian Van Camp
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Action Filed: September 24,2007
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20 AND RELATED CROSS-ACTIONS.
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I, Gregory K. Federico, declare as follows:
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I. I am an attomey duly licensed to practice before all the Courts in the State of
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Califomia and I am an associate with Archer Norris, attomeys of record for Defendant
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RICHARD KIRK RUYBALID, individually and dba CA CONSTRUCTION (hereinafter "CA
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CONSTRUCTION"). I have personal Imowledge ofthe pre-trial and trial proceedings in this
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action as I have handled the defense ofthis case from its inception and assisted in the defense of
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NIC341/1133366-1
DECLARATION OF GREGORY K. FEDERICO IN SUPPORT OF NOTICE OF NON-OPPOSITION
1 the case at trial. If called upon as a witness, I could and would competently testify thereto, as
2 follows:
3 2. On April 18,2011, CA CONSTRUCTION filed its supplemental points and
4 authorities and the declarations of Todd Jones and Gregory Federico in support of its Motion for
5 Attorneys' Fees. On April 18,2011, counsel for CA CONSTRUCTION also served counsel for
6 Plaintiffs RODNEY and FLORENTINE ABBOTT with its supplemental points and authorities,
7 attomey declarations and supporting documents via ovemight mail.
8 3. On or about April 15,2011,1 received the Court's final ruling denying Plaintiffs'
9 Motion to Tax Costs, which the Court served on all parties on April 13,2011.
10 4. Pursuant to both the April 7,2011 tentative ruling on the cost and attomeys' fees
11 issues, as well as the Court's April 13,2011 final mling on Plaintiffs' Motion to Tax Costs,
12 Plaintiffs were required to serve their supplemental opposition on or before Thursday, April 28,
13 2011.
14 5. As of the time of filing this notice of non-opposition, CA CONSTRUCTION has
15 not received any opposition papers from Plaintiffs.
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17 I declare under penalty ofpeijury under the laws ofthe State of Califomia that the
18 foregoing is true and correct. Executed this 3rd day of April, at Saigramento/Califomia.
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GREGORY K. FEDERICO
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NIC34I/1133366-1
DECLARATION OF GREGORY K. FEDERICO IN SUPPORT OF NOTICE OF NON-OPPOSITION
1 PROOF OF SERVICE
2 Name of Action: Rodney Abbott, et al. v. Ronald Paul Britschgi, et al.
Sacramento County Superior Court Case No.: 07AS04450
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I, Cindy A Ingland, declare that I am over the age of 18 years and not a party to this
4 action or proceeding My business address is 301 University Avenue, Suite 110, Sacramento,
Califomia 95825. On May 3, 2011,1 caused the following document(s) to be served:
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JJECLARATION OF GREGORY K. FEDERICO IN SUPPORT OF NOTICE OF
6 NON-OPPOSITION
7 j j By placing a tme copy ofthe documents listed above, enclosed in a sealed envelope,
addressed as set forth below, for collection and mailing on the date and at the business
8 address shown above following our ordinary business practices. I am readily familiar
9 with this business' practice for collection and processing of correspondence for
mailing with the United States Postal Service. On the same day that a sealed envelope
10 is placed for collection and mailing, it is deposited in the ordinary course of business
with the United States Postal Service with postage fully prepaid.
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rn By having a tme copy ofthe document(s) listed above transmitted by facsimile to the
12 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
13 machine.
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By placing a tme copy of the document(s) listed above, in a box or other facility
15 regularly maintained by UPS, an express service carrier, or delivered to a courier or
driver authonzed by the express service carrier to receive documents, in an envelope
16 designated by the express service carrier, with delivery fees paid or provided for,
addressed as set forth below.
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r-j by having personal delivery by FIRST LEGAL SUPPORT SERVICES a tme copy of
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the document(s) listed above, enclosed in a sealed envelope, to the person(s) and at the
19 address(es) set forth below.
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[SEE ATTACHED SERVICE LIST]
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I declare under penalty of perjury that the foregoing is tme and correct. Executed on May
22 3, 2011, at Sacramento, California.
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NIC341/608293-1
PROOF o r SERVICE
1 Service List
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Stephanie Finelli PLAINTIFFS
3 Law Offices of Stephanie J Finelli
1007 Seventh Street, Suite 500 Tel (916)443-2144
4 Sacramento, CA 95814 Fax:(916)443-1511
E-mail, sfinelli700@yahoo.com
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Richard D. Sopp Counsel for CADRE DESIGN GROUP, INC.
6 Wheatley Sopp LLP
1004 River Rock Drive, Suite 245 Tel (916)988-3857
7 Folsom, CA 95630 Fax: (916) 988-5296
Email' rds@mwsblaw.com
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Mark Smith In Pro Per
9 8549 Willow Valley Place
Granite Bay, CA 95746
10 markdarlenesmith@gmail com
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N1C341/608293-1
SERVICE LIST
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1 Todd A. Jones (BarNo. 198024) tj ones@archemorris.com 2 Gregory K. Federico (BarNo. 242184) gfederico@archemorris.com 3 ARCHER NORRIS A Professional Law Corporation FlLED/ENDOeSED 4 301 University Avenue, Suite 110 Sacramento, Califoniia 95825-5537 5 Telephone: 916.646.2480 MAY - 3 2011 Facsimile: 916.646.5696 6 Attomeys for Defendants Bv: A MACIAS 7 DEPUTY CLERK RICHARD KIRK RUYBALID, individually, and dba CA CONSTRUCTION 8 9 SUPERIOR COURT OF CALIFORNL\ 10 COUNTY OF SACRAMENTO 11 12 RODNEY ABBOTT and FLORENTINE CaseNo. 07AS04450 ABBOTT, 13 DECLARATION OF GREGORY K. Plaintiffs, FEDERICO IN SUPPORT OF NOTICE OF 14 NON-OPPOSITION 15 Hearing Date: May 20, 2011 RONALD PAUL BRITSCHGI, et al.. Time: 9:00 a.m. 16 Dept.: 43 Defendants. Judge: Brian Van Camp 17 Action Filed: September 24,2007 18 19 20 AND RELATED CROSS-ACTIONS. 21 22 I, Gregory K. Federico, declare as follows: 23 I. I am an attomey duly licensed to practice before all the Courts in the State of 24 Califomia and I am an associate with Archer Norris, attomeys of record for Defendant 25 RICHARD KIRK RUYBALID, individually and dba CA CONSTRUCTION (hereinafter "CA 26 CONSTRUCTION"). I have personal Imowledge ofthe pre-trial and trial proceedings in this 27 action as I have handled the defense ofthis case from its inception and assisted in the defense of 28 NIC341/1133366-1 DECLARATION OF GREGORY K. FEDERICO IN SUPPORT OF NOTICE OF NON-OPPOSITION 1 the case at trial. If called upon as a witness, I could and would competently testify thereto, as 2 follows: 3 2. On April 18,2011, CA CONSTRUCTION filed its supplemental points and 4 authorities and the declarations of Todd Jones and Gregory Federico in support of its Motion for 5 Attorneys' Fees. On April 18,2011, counsel for CA CONSTRUCTION also served counsel for 6 Plaintiffs RODNEY and FLORENTINE ABBOTT with its supplemental points and authorities, 7 attomey declarations and supporting documents via ovemight mail. 8 3. On or about April 15,2011,1 received the Court's final ruling denying Plaintiffs' 9 Motion to Tax Costs, which the Court served on all parties on April 13,2011. 10 4. Pursuant to both the April 7,2011 tentative ruling on the cost and attomeys' fees 11 issues, as well as the Court's April 13,2011 final mling on Plaintiffs' Motion to Tax Costs, 12 Plaintiffs were required to serve their supplemental opposition on or before Thursday, April 28, 13 2011. 14 5. As of the time of filing this notice of non-opposition, CA CONSTRUCTION has 15 not received any opposition papers from Plaintiffs. 16 17 I declare under penalty ofpeijury under the laws ofthe State of Califomia that the 18 foregoing is true and correct. Executed this 3rd day of April, at Saigramento/Califomia. 19 20 GREGORY K. FEDERICO 21 22 23 24 25 26 27 28 NIC34I/1133366-1 DECLARATION OF GREGORY K. FEDERICO IN SUPPORT OF NOTICE OF NON-OPPOSITION 1 PROOF OF SERVICE 2 Name of Action: Rodney Abbott, et al. v. Ronald Paul Britschgi, et al. Sacramento County Superior Court Case No.: 07AS04450 3 I, Cindy A Ingland, declare that I am over the age of 18 years and not a party to this 4 action or proceeding My business address is 301 University Avenue, Suite 110, Sacramento, Califomia 95825. On May 3, 2011,1 caused the following document(s) to be served: 5 JJECLARATION OF GREGORY K. FEDERICO IN SUPPORT OF NOTICE OF 6 NON-OPPOSITION 7 j j By placing a tme copy ofthe documents listed above, enclosed in a sealed envelope, addressed as set forth below, for collection and mailing on the date and at the business 8 address shown above following our ordinary business practices. I am readily familiar 9 with this business' practice for collection and processing of correspondence for mailing with the United States Postal Service. On the same day that a sealed envelope 10 is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service with postage fully prepaid. 11 rn By having a tme copy ofthe document(s) listed above transmitted by facsimile to the 12 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 13 machine. 14 By placing a tme copy of the document(s) listed above, in a box or other facility 15 regularly maintained by UPS, an express service carrier, or delivered to a courier or driver authonzed by the express service carrier to receive documents, in an envelope 16 designated by the express service carrier, with delivery fees paid or provided for, addressed as set forth below. 17 r-j by having personal delivery by FIRST LEGAL SUPPORT SERVICES a tme copy of 18 the document(s) listed above, enclosed in a sealed envelope, to the person(s) and at the 19 address(es) set forth below. 20 [SEE ATTACHED SERVICE LIST] 21 I declare under penalty of perjury that the foregoing is tme and correct. Executed on May 22 3, 2011, at Sacramento, California. 23 24 25 26 27 28 NIC341/608293-1 PROOF o r SERVICE 1 Service List 2 Stephanie Finelli PLAINTIFFS 3 Law Offices of Stephanie J Finelli 1007 Seventh Street, Suite 500 Tel (916)443-2144 4 Sacramento, CA 95814 Fax:(916)443-1511 E-mail, sfinelli700@yahoo.com 5 Richard D. Sopp Counsel for CADRE DESIGN GROUP, INC. 6 Wheatley Sopp LLP 1004 River Rock Drive, Suite 245 Tel (916)988-3857 7 Folsom, CA 95630 Fax: (916) 988-5296 Email' rds@mwsblaw.com 8 Mark Smith In Pro Per 9 8549 Willow Valley Place Granite Bay, CA 95746 10 markdarlenesmith@gmail com 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 N1C341/608293-1 SERVICE LIST