Appellate Materials: Rodney Abbott, et al vs. Ronald Paul Britschgi, et al

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                                1   C. Athena Roussos (#192244)
     Attorney at Law
2    9630 Bruceville Road, Suite 106-386
     Elk Grove, CA 95757
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     Telephone: (916) 670-7901
                                                                                             ZD
4    Facsimile: (916) 670-7921
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     Email: athena@athenaroussoslaw.com                                   AUG 1 6 2011
6                                                                 3V         A. MAC IAS
     Attorney for Plaintiffs                                                Deputy Clerk
7    Rodney and Florentine Abbott
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9                      SUPERIOR COURT FOR THE STATE OF CALIFORNIA

10                               FOR THE COUNTY OF SACRAMENTO

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12   RODNEY ABBOTT, et al..                             Case No. 07AS04450

13                Plaintiffs,                           DECLARATION OF C. ATHENA
     vs.                                                ROUSSOS IN OPPOSITION TO
14                                                      DEFENDANT CA CONSTRUCTION'S
15   RONALD PAUL BRITSCHGI, et al..                     MOTION FOR ORDER COMPELLING
                                                        PLAINTIFFS TO OBTAIN A BOND
16                 Defendants.                          ON APPEAL
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                                                        Date:    August 26, 2011
19                                                      Time:    9:30 a.m.
                                                        Dept.:   43
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22          I, C. Athena Roussos, declare as follows:

23          1.      I am an attorney at law licensed to practice in the State of California and am

24   counsel of record for Plaintiffs Rodney and Florentine Abbott in this matter. Except where

25   otherwise noted, I have personal knowledge of the matters stated in this declaration, and if

26   called upon to do so, could and would testify to these matters.

27          2.      I am certified as a specialist in Appellate Law by the State Bar of California

28   Board of Legal Specialization. I have often consulted with clients regarding bonds and other


                                 DECLARATION OF C. ATHENA ROUSSOS - I
 1   types of undertakings on appeal and have written about the subject. I have also assisted clients
 2 in the process of obtaining a bond or other type of imdertaking.
 3          3.        In my experience, it is very difficult for an individual to obtain a bond from an
 4 admitted surety insurer in California, unless that individual is wealthy and can provide sufficient
 5 collateral for the bond. The bond companies generally require an irrevocable letter of credit or
 6 similar type of collateral as a prerequisite for obtaining the bond. They also charge a premium
 7 of at least 1% of the value of the bond. Obtaming a bond is also a time consuming process that
 8 can take weeks to complete.
 9          4.        Based on my experience and my understanding of the Abbotts' finances, I
10 believe it would be incredibly difficult for the Abbotts to obtain a bond under these
11   circumstances.
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13          I declare under penalty of perjury under the laws of the State of California that the
14 foregoing is true and correct. Executed this          day of August, 2011 at Elk Grove, California.
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                                                    C. ATHENA ROUSSOS
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                                   DECLARATION OF C. ATHENA ROUSSOS - 2