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1 Todd A. Jones (BarNo. 198024)
Gregory K. Federico (BarNo. 242184)
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2 ARCHER NORRIS
A Professional Law Corporation NDORSED
3 301 University Avenue, Suite 110
Sacramento, California 95825
4 Telephone: 916.646.2480 ^^GAL PROCESS U 7
Facsimile: 916.646.5696
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Attomeys for Defendants
6 RICHARD KIRK RUYBALID, individually and
dba CA CONSTRUCTION; and R4C0RP., INC.
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8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF SACRAMENTO
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11 RODNEY ABBOTT and FLORENTINE CaseNo. 07AS04450
ABBOTT,
12 DECLARATION OF GREGORY K.
Plaintiffs, FEDERICO IN SUPPORT OF
13 DEFENDANTS' MOTION IN LIMINE NO.
8 TO EXCLUDE EXPERTS FROM
14 TESTIFYING TO ANY POST-
RONALD PAUL BRITSCHGI, et al. DEPOSITION WORK OR OPINIONS
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Defendants. Action Filed: September 24, 2007
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Trial Date: January 17, 2011
17 Time: 8:30 a.m.
Locafion: Department 43
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AND ALL RELATED CROSS-ACTIONS.
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I, Gregory K. Federico, hereby declare as follows;
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1. At all times relevant, I have been an attomey licensed to practice law in the State
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ofCalifomia and I am an associate with the law firm of Archer Norris, counsel of record for
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Defendants RICHARD KIRK RUYBALID, individually and dba CA CONSTRUCTION
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(hereinafter "CA CONSTRUCTION") and Defendant R4C0RP., INC. (hereinafter "R4C0RP")
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(hereinafter collectively "Defendants"). As such, I am personally familiar with the files in this
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matter and all the documents contained therein. I have personal knowledge ofthe matters stated
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herein and, if called as a witness, could and would competently testify thereto.
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NIC549/I058980-I
DECLARATION OF GREGORY K. FEDERICO IN SUPPORT OF DEFENDANTS' MOTION IN LIMINE NO 8
1 2. Attached hereto as Exhibit-A to this declaration is a tme and correct copy ofthe
2 Court's minute order dated May 28, 2009 regarding limitations on Plaintiffs' ability to conduct
3 further testing.
4 I declare under penalty ofperjury under the laws ofthe State ofCalifomia that the
5 foregoing is true and correct and that this declaration was executed in Sacramento, California,
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on December 6, 2010.
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Gregory K. Federico
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NIC549/1058980-1
DECLARATION OF GREGORY K FEDERICO IN SUPPORT OF DEFENDANTS' MOTION IN LIMINE NO 8
PROOF OF SERVICE
2 Nameof Action: Rodney Abbott, et al. v. Ronald Paul Britschgi, et al.
Court and Action No: Sacramento County Superior 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 December 6, 2010,1 caused the following document(s) to be served:
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DECLARATION OF GREGORY K. FEDERICO IN SUPPORT OF DEFENDANTS'
6 MOTION IN LIMINE NO. 8 TO EXCLUDE EXPERTS FROM TESTIFYING TO
ANY POST-DEPOSITION WORK OR OPINIONS
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n^ By placing a true copy ofthe documents listed above, enclosed in a sealed envelope,
8 addressed as set forth below, for collection and mailing on the date and at the business
address shown above following our ordinary business pracfices. I am readily familiar
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with this business' practice for collection and processing of correspondence for
JQ mailing with the United States Postal Service. On the same day that a sealed envelope
is placed for collection and mailing, it is deposited in the ordinary course ofbusiness
11 with the United States Postal Service with postage fully prepaid
12 ri By having a true copy ofthe document(s) listed above transmitted by facsimile to the
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
J4 machine.
15 I I By placing a true copy of the document(s) listed above, in a box or other facility
regularly maintained by UPS, an express service carrier, or delivered to a courier or
16 driver authorized by the express service carrier to receive documents, in an envelope
designated by the express service carrier, with delivery fees paid or provided for,
^' addressed as set forth below.
^^ rn bv having personal delivery by FIRST LEGAL SUPPORT SERVICES a true copy of
Q the document(s) listed above, enclosed in a sealed envelope, to the person(s) and at the
address(es) set forth below.
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21 [SEE ATTACHED SERVICE LIST]
22 I declare under penalty ofperjury that the foregoing is true and correct. Executed on
December 6, 2010, at Sacramento, Califomia.
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25 "CfNDY A. INGLAND
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N1C341/608293-I
PROOF OF SERVICE
1 Service List
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Stephanie Fmelli 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(gyahoo 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
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Richard W Freeman Counsel for R4C0RP
11 Scott S Brooks
WOOD SMITH HENNING & BERMAN LLP Tel (925) 356-8200
12 1401 Willow Pass Road, Suite 700 Fax: (925) 356-8250
Concord, CA 94520-7982
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NiC341/608293-i 2
SERVICE LIST
EXHIBIT A
EXHIBIT A
JUPERIOR COURT OF CALIFORN*. .
COUNTY OF SACRAMENTO
GORDON D SCHABER COURTHOUSE
MINUTE ORDER
Date: 05/28/2009 Time: 09:00:00 AM Dept: 58
Judicial Officer Presiding: Judge Brian Van Camp
Clerk: A. Brown
Bailiff/Court Attendant: A. Hughey
ERM:
Reporter: E Varela #4977
Case Init Date: 11/10/2007
Case No: 07AS04450 Case Title: RODNEY ABBOTT. ET AL VS. RONALD PAUL
BRITSCHGI. ETAL
Case Category: Civil - Unlimited
Event Type: Motion - Other - Civil Trial
Causal Document & Date Filed:
Appearances:
STEPHANIE J. FINELLI was present for the plaintiff
CRAIG N. LUNDGREN was present for defendant Britschgi
GREGORY K. FEDERICO was present for defendant CA Construction
PROCEEDINGS- PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO LIMIT TESTING WITHOUT
NOTICED MOTION
The above-entitled matter came before this Court by request of the defendant with the above-indicated
counsel present.
The Court recieved, read and considered the moving papers of the defendant and the opposition papers
of the plaintiffs.
The Court heard oral arguments of counsel
The Court DENIED defendant's application and ruled that plaintiff must give all parties 15 days notice of
the complete scope of any further testing
Moving party to serve and submit a formal order for the Court's signature within 5 days
Court was adjourned.
Date: 05/28/2009 MINUTE ORDER Page: 1
Dept: 58 Calendar No.:
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i^uii 1 Todd A. Jones (BarNo. 198024) Gregory K. Federico (BarNo. 242184) r i~ 2 ARCHER NORRIS A Professional Law Corporation NDORSED 3 301 University Avenue, Suite 110 Sacramento, California 95825 4 Telephone: 916.646.2480 ^^GAL PROCESS U 7 Facsimile: 916.646.5696 5 Attomeys for Defendants 6 RICHARD KIRK RUYBALID, individually and dba CA CONSTRUCTION; and R4C0RP., INC. 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 11 RODNEY ABBOTT and FLORENTINE CaseNo. 07AS04450 ABBOTT, 12 DECLARATION OF GREGORY K. Plaintiffs, FEDERICO IN SUPPORT OF 13 DEFENDANTS' MOTION IN LIMINE NO. 8 TO EXCLUDE EXPERTS FROM 14 TESTIFYING TO ANY POST- RONALD PAUL BRITSCHGI, et al. DEPOSITION WORK OR OPINIONS 15 Defendants. Action Filed: September 24, 2007 16 Trial Date: January 17, 2011 17 Time: 8:30 a.m. Locafion: Department 43 18 AND ALL RELATED CROSS-ACTIONS. 19 20 I, Gregory K. Federico, hereby declare as follows; 21 1. At all times relevant, I have been an attomey licensed to practice law in the State 22 ofCalifomia and I am an associate with the law firm of Archer Norris, counsel of record for 23 Defendants RICHARD KIRK RUYBALID, individually and dba CA CONSTRUCTION 24 (hereinafter "CA CONSTRUCTION") and Defendant R4C0RP., INC. (hereinafter "R4C0RP") 25 (hereinafter collectively "Defendants"). As such, I am personally familiar with the files in this 26 matter and all the documents contained therein. I have personal knowledge ofthe matters stated 27 herein and, if called as a witness, could and would competently testify thereto. 28 NIC549/I058980-I DECLARATION OF GREGORY K. FEDERICO IN SUPPORT OF DEFENDANTS' MOTION IN LIMINE NO 8 1 2. Attached hereto as Exhibit-A to this declaration is a tme and correct copy ofthe 2 Court's minute order dated May 28, 2009 regarding limitations on Plaintiffs' ability to conduct 3 further testing. 4 I declare under penalty ofperjury under the laws ofthe State ofCalifomia that the 5 foregoing is true and correct and that this declaration was executed in Sacramento, California, 6 on December 6, 2010. 7 8 Gregory K. Federico 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NIC549/1058980-1 DECLARATION OF GREGORY K FEDERICO IN SUPPORT OF DEFENDANTS' MOTION IN LIMINE NO 8 PROOF OF SERVICE 2 Nameof Action: Rodney Abbott, et al. v. Ronald Paul Britschgi, et al. Court and Action No: Sacramento County Superior 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 December 6, 2010,1 caused the following document(s) to be served: 5 DECLARATION OF GREGORY K. FEDERICO IN SUPPORT OF DEFENDANTS' 6 MOTION IN LIMINE NO. 8 TO EXCLUDE EXPERTS FROM TESTIFYING TO ANY POST-DEPOSITION WORK OR OPINIONS 7 n^ By placing a true copy ofthe documents listed above, enclosed in a sealed envelope, 8 addressed as set forth below, for collection and mailing on the date and at the business address shown above following our ordinary business pracfices. I am readily familiar 9 with this business' practice for collection and processing of correspondence for JQ mailing with the United States Postal Service. On the same day that a sealed envelope is placed for collection and mailing, it is deposited in the ordinary course ofbusiness 11 with the United States Postal Service with postage fully prepaid 12 ri By having a true copy ofthe document(s) listed above transmitted by facsimile to the 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 J4 machine. 15 I I By placing a true copy of the document(s) listed above, in a box or other facility regularly maintained by UPS, an express service carrier, or delivered to a courier or 16 driver authorized by the express service carrier to receive documents, in an envelope designated by the express service carrier, with delivery fees paid or provided for, ^' addressed as set forth below. ^^ rn bv having personal delivery by FIRST LEGAL SUPPORT SERVICES a true copy of Q the document(s) listed above, enclosed in a sealed envelope, to the person(s) and at the address(es) set forth below. 20 21 [SEE ATTACHED SERVICE LIST] 22 I declare under penalty ofperjury that the foregoing is true and correct. Executed on December 6, 2010, at Sacramento, Califomia. 23 24 W^ 25 "CfNDY A. INGLAND 26 27 28 N1C341/608293-I PROOF OF SERVICE 1 Service List 2 Stephanie Fmelli 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(gyahoo 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 Richard W Freeman Counsel for R4C0RP 11 Scott S Brooks WOOD SMITH HENNING & BERMAN LLP Tel (925) 356-8200 12 1401 Willow Pass Road, Suite 700 Fax: (925) 356-8250 Concord, CA 94520-7982 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NiC341/608293-i 2 SERVICE LIST EXHIBIT A EXHIBIT A JUPERIOR COURT OF CALIFORN*. . COUNTY OF SACRAMENTO GORDON D SCHABER COURTHOUSE MINUTE ORDER Date: 05/28/2009 Time: 09:00:00 AM Dept: 58 Judicial Officer Presiding: Judge Brian Van Camp Clerk: A. Brown Bailiff/Court Attendant: A. Hughey ERM: Reporter: E Varela #4977 Case Init Date: 11/10/2007 Case No: 07AS04450 Case Title: RODNEY ABBOTT. ET AL VS. RONALD PAUL BRITSCHGI. ETAL Case Category: Civil - Unlimited Event Type: Motion - Other - Civil Trial Causal Document & Date Filed: Appearances: STEPHANIE J. FINELLI was present for the plaintiff CRAIG N. LUNDGREN was present for defendant Britschgi GREGORY K. FEDERICO was present for defendant CA Construction PROCEEDINGS- PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO LIMIT TESTING WITHOUT NOTICED MOTION The above-entitled matter came before this Court by request of the defendant with the above-indicated counsel present. The Court recieved, read and considered the moving papers of the defendant and the opposition papers of the plaintiffs. The Court heard oral arguments of counsel The Court DENIED defendant's application and ruled that plaintiff must give all parties 15 days notice of the complete scope of any further testing Moving party to serve and submit a formal order for the Court's signature within 5 days Court was adjourned. Date: 05/28/2009 MINUTE ORDER Page: 1 Dept: 58 Calendar No.: