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CRAIG N. LUNDGREN (State Bar # 148842)
LUNDGREN & REYNOLDS, LLP
424 - 2ND Street, #A
Davis, CA 95616
3 (530) 297-5030
(530) 297-5077 FAX
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Attorneys for Defendant.
Cross-Complainant and Cross-Defendant
RONALD PAUL BRITSCHGI
Individually and dba BRITSCHGI CONSTRUCTION
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SACRAMENTO
10 RODNEY ABBOTT and FLORENTINE ) CASE NO. 07AS04450
ABBOTT,
11 ) DEFENDANT, CROSS-
Plaintiffs, ) COMPLAINANT, AND CROSS-
12 ) DEFENDANT BRITSCHGI'S
v. ) REQUEST FOR JUDICIAL NOTICE
13 ) IN SUPPORT OF DEMURRER TO
RONALD PAUL BRITSCHGI, et al., ) FIRST AMENDED COMPLAINT;
14 ) AND DECLARATION OF CRAIG N.
Defendants. ) LUNDGREN
15
) DATE: 11/17/09
16 AND RELATED CROSS-ACTIONS. ) TIME: 9:00 A.M.
) DEPT: 54
17 RESERVATION NO. 1268737
18
19 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
20 Pursuant to California Evidence Code sections 452(c), 452(h) and Business and
21 Professions Code section 703 l(d), Defendant, Cross-Complainant, and Cross-Defendant
22 RONALD PAUL BRITSCHGI (hereafter "BRITSCHGI"), dba BRITSCHGI
23 CONSTRUCTION, in support of his demurrer and motion to strike, hereby requests that the
24 Court take judicial notice of the fact that BRITSCHGI CONSTRUCTION, at all times
25 referenced in the complaint, had a valid contractors license through the California Contractors
26 State License Board.
27 In his demurrer to Plaintiffs amended complaint, scheduled for hearing on
28 November 17, 2009, Defendant BRITSCHGI stated that he had made a request to the
REQUEST FOR JUDICIAL NOTI
1 California Contractors State License Board for a Verified Certificate of License History and
2 promised to supply the Certificate to this court once received. Defendant BRITSCHGI
3 attaches said Verified Certificate of License History hereto as Exhibit A and requests that
4 judicial notice be taken of the fact that BRITSCHGI CONSTRUCTION, at all times
5 referenced in the complaint, had a valid contractors license, for the following reasons:
6 1. Business and Professions Code section 7031 provides a remedy for persons
7 who have utilized the services of an unlicensed contractor. Under subsection (d), if "licensure
8 or proper licensure is controverted, then proof of licensure pursuant to this section shall be
9 made by production of a verified certificate of licensure from the Contractors' State License
10 Board which establishes that the individual or entity bringing the action was duly licensed in
11 the proper classification of contractors at all times during the performance of any act or
12 contract covered by the action."
13 2. Pursuant to Evidence Code section 452 (c), judicial notice may be taken of
14 "official acts of the legislative, executive, and judicial departments of the United States and of
15 any state of the United States." Records, reports and orders of administrative agencies are
16 "official acts" of which a court may take judicial notice. Rodas v Spiegel (App. 2 Dist. 2001)
17 87 Cal.App.4th 513, 518. The California Contractors State License Board is an administrative
18 agency, part of the Department of Consumer Affairs charged with licensing and regulating
19 contractors in 43 classifications that constitute the construction industry in the State of
20 California. The Verified Certificate of License History from the Contractors State License
21 Board, establishing the validity of BRITSCHGI CONSTRUCTION'S contractors license
22 during 2005 and 2006, is an official act of which this Court may take judicial notice.
23 3. Alternatively, pursuant to Evidence Code section 452(h), judicial notice may
24 be taken of "facts and propositions that are not reasonably subject to dispute and are capable
25 of immediate and accurate determination by resort to sources of reasonably indisputable
26 accuracy." BRITSCHGI CONSTRUCTION'S valid licensure during 2005 and 2006 is a fact
27 that is capable of immediate and accurate determination by resort to the Contractors State
28 License Board's Verified Certificate of License History, or by contacting the Contractors
REQUEST FOR JUDICIAL NOTICE
1 State License Board, a source of reasonably indisputable accuracy. Therefore, on these
2 alternative grounds, Defendant's valid licensure is a fact of which this Court may take judicial
3 notice.
4 4. Pursuant to Evidence Code section 453, a trial court must take judicial notice
5 of any matter specified in Evidence Code section 452 upon a party's request if the party: "(a)
6 gives all adverse parties sufficient notice of the request, through the pleadings or otherwise, to
7 enable them to meet the request; and (2) furnishes the court with sufficient information to
8 enable it to take judicial notice of the matter." Defendant BRITSCHGI has provided adverse
9 parties with sufficient notice of his request for judicial notice through the pleadings.
10 Defendant BRITSCHGI has also furnished the court with sufficient information to enable
11 judicial notice. Attached hereto as Exhibit A is a Verified Certificate of License History from
12 the Contractors State License Board showing that BRITSCHGI CONSTRUCTION held a
13 valid and active license from January 1, 2005 through August 27, 2009, which includes the
14 time period relevant to this litigation, January 1, 2005 through December 31, 2006.
15 Based on the foregoing, Defendant respectfully requests that this Court take judicial
16 notice of the fact that defendant RONALD PAUL BRITSCHGI, dba BRITSCHGI
17 CONSTRUCTION, held a valid contractors license in 2005 and 2006.
18 Dated: September I /, 2009 LUNDGREN & REYNOLDS, LLP
19
By
20 CRAIG N. LUNJDGREN
Attorneys for Defendant, Cross-Compl
21 Cross-Complainant RONALD BRITSCHGI
dba BRITSCHGI CONSTRUCTION
22
23 DECLARATION OF CRAIG N. LUNDGREN
24 I, CRAIG N. LUNDGREN, declare:
25 1. I am counsel for defendant/cross-complainant/cross-defendant RONALD PAUL
26 BRITSCHGI, dba BRITSCHGI CONSTRUCTION, and am licensed before all of the courts
27 in the State of California.
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REQUEST FOR JUDICIAL NOTICE
1 2. On August 17, 2009,1 requested that the Contractors State License Board provide, on
an expedited basis, a Verified Certificate of License History showing that RONALD PAUL
BRITSCHGI, dba BRITSCHGI CONSTRUCTION, License No. 471915, held an active and
4 valid license for the period of January 1, 2005 through December 31, 2006.
5 3. Attached hereto as Exhibit A is a copy of the Verified Certificate of License History
6 for BRITSCHGI CONSTRUCTION'S Contractors License, showing that the license was
7 active from January 1,2005 through August 27,2009, which includes the relevant period of
8 January 1, 2005 through December 31,2006. The original document remains on file with this
9 office and can and will be provided to the Court at the hearing if requested.
10 I declare, under penalty of perjury, that the foregoing is true and correct and that, if
11 called as a witness, I could testify competently thereto. Executed this (^ day of September,
12 2009, in Davis, California.
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14 CRAIG N. LUNDGREN
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REQUEST FOR JUDICIAL NOTICE
EXHIBIT A
Serving
« /;/• J,
Calyorma
CONTRACTORS STA. ^ LICENSE BOARD STATE OF CALIFORNIA
9821 Business Park Dnve, Sacramento, California 95827 Arnold Schwarzenegger, Governor
Mailing Address P O Box 26000, Sacramento, CA 95826
800-321-CSLB (2752)
www cslb ca gov
CERTIFICATION OF RECORDS
I HEREBY CERTIFY under penalty of perjury under the laws of the State of California that I am duly authorized by the Registrar of
Contractors, the official custodian of records of the Contractors State License Board, to certify to the contents of said records pursuant
to Section 162 of the Business and Professions Code, and Section 1280 and 1284 of the Evidence Code The following contractor was
licensed under the provisions of law administered by said Board as outlined below
Britschgi Construction License Number. 471915
7541 Lucky Lane License Type: Sole Owner
Citrus Heights, California 95610 Issued: 04/08/85
Classifications: Effective:
B General Building Contractor Issuance
Personnel: Effective:
Ronald Paul Britschgi, Owner 01/01/05
History 01/01/05 In Effect
08/27/09
Additional Information
This license has an "Exemption from Workers' Compensation" currently on file
This certificate covers the period 01/01/05 to 08/27/09; however the classification information covers the entire
licensing period.
This license is renewed to 04/30/11.
WITNESS MY HAND and seal of said Board this 27th day of August 2009 at Sacramento, California.
SUSAN STIREWALT
CUSTODIAN OF RECORDS
cjs/F
13L-3'(Rev 7-05)
Page 1 of 1
1 Rodney Abbott, et ai V. Ronald Paul Britschgi, et al.
Sacramento County Superior Court No. 07AS04450
2
DECLARATION OF SERVICE
3
I am a citizen of the United States, over the age of 18 years, and not a party to or
4 interested in this action. I am an employee of Lundgren and Reynolds, LLP and my business
address is 424 2nd Street, Suite A, Davis, California. On this day I caused to be served the
5 following document(s):
6 DEFENDANT, CROSS-COMPLAINANT AND CROSS-DEFENDANT BRITSCHGI'S
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEMURRER TO FIRST
7 AMENDED COMPLAINT; AND DECLARATION OF CRAIG N. LUNDGREN
8 EX] By placing a true copy, in a sealed envelope, with postage fully prepaid, in the United
States Post Office mail at Davis, California, addressed as set forth below. I am
9 familiar with this firm's practice whereby the mail, after being placed in a designated
area, is given the appropriate postage and is deposited in a U.S. mail box after the
10 close of the day's business.
11 D By personal delivery of a true copy to the person indicated and at the address set forth
below.
12
I | By Federal Express Mail to the person and at the address set forth below.
13
l~~l By transmitting a true copy by facsimile to the person and at the facsimile number set
14 forth below.
15 Stephanie J. Finelli Attorney for Plaintiffs
Law Office of Stephanie J. Finelli Rodney Abbott, Florentine Abbott
16 1007 Seventh Street, Suite 500
Sacramento, CA 95814
17 FAX (916) 443-1511
18 Gregory K. Federico Attorney for defendant, cross-
Archer Norris Defendant and cross-complainant
19 655 University Avenue, #225 Richard Kirk Ruybalid, individually
Sacramento, CA 95825 and dba CA Construction
20 FAX (916) 646-5695
21 Richard D. Sopp Attorney for cross-defendant and
Wheatley Sopp, LLP cross-complainant
22 1004 River Rock Drive, Suite 245 Cadre Design Group, Inc.
Folsom, CA 95630
23 FAX (916) 988-5296
24 I declare under penalty of perjury under the laws of the State of California that the
25 foregoing is true and correct. Executed on September //£_, 2009, at Davis, California.
26
SHAULA PATCHETT
27
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I \craig's client files\bntschgi (abbott v)\pleadmgs\pser doc
PROOF OF SERVICE
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CRAIG N. LUNDGREN (State Bar # 148842) LUNDGREN & REYNOLDS, LLP 424 - 2ND Street, #A Davis, CA 95616 3 (530) 297-5030 (530) 297-5077 FAX 4 Attorneys for Defendant. Cross-Complainant and Cross-Defendant RONALD PAUL BRITSCHGI Individually and dba BRITSCHGI CONSTRUCTION 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 RODNEY ABBOTT and FLORENTINE ) CASE NO. 07AS04450 ABBOTT, 11 ) DEFENDANT, CROSS- Plaintiffs, ) COMPLAINANT, AND CROSS- 12 ) DEFENDANT BRITSCHGI'S v. ) REQUEST FOR JUDICIAL NOTICE 13 ) IN SUPPORT OF DEMURRER TO RONALD PAUL BRITSCHGI, et al., ) FIRST AMENDED COMPLAINT; 14 ) AND DECLARATION OF CRAIG N. Defendants. ) LUNDGREN 15 ) DATE: 11/17/09 16 AND RELATED CROSS-ACTIONS. ) TIME: 9:00 A.M. ) DEPT: 54 17 RESERVATION NO. 1268737 18 19 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 20 Pursuant to California Evidence Code sections 452(c), 452(h) and Business and 21 Professions Code section 703 l(d), Defendant, Cross-Complainant, and Cross-Defendant 22 RONALD PAUL BRITSCHGI (hereafter "BRITSCHGI"), dba BRITSCHGI 23 CONSTRUCTION, in support of his demurrer and motion to strike, hereby requests that the 24 Court take judicial notice of the fact that BRITSCHGI CONSTRUCTION, at all times 25 referenced in the complaint, had a valid contractors license through the California Contractors 26 State License Board. 27 In his demurrer to Plaintiffs amended complaint, scheduled for hearing on 28 November 17, 2009, Defendant BRITSCHGI stated that he had made a request to the REQUEST FOR JUDICIAL NOTI 1 California Contractors State License Board for a Verified Certificate of License History and 2 promised to supply the Certificate to this court once received. Defendant BRITSCHGI 3 attaches said Verified Certificate of License History hereto as Exhibit A and requests that 4 judicial notice be taken of the fact that BRITSCHGI CONSTRUCTION, at all times 5 referenced in the complaint, had a valid contractors license, for the following reasons: 6 1. Business and Professions Code section 7031 provides a remedy for persons 7 who have utilized the services of an unlicensed contractor. Under subsection (d), if "licensure 8 or proper licensure is controverted, then proof of licensure pursuant to this section shall be 9 made by production of a verified certificate of licensure from the Contractors' State License 10 Board which establishes that the individual or entity bringing the action was duly licensed in 11 the proper classification of contractors at all times during the performance of any act or 12 contract covered by the action." 13 2. Pursuant to Evidence Code section 452 (c), judicial notice may be taken of 14 "official acts of the legislative, executive, and judicial departments of the United States and of 15 any state of the United States." Records, reports and orders of administrative agencies are 16 "official acts" of which a court may take judicial notice. Rodas v Spiegel (App. 2 Dist. 2001) 17 87 Cal.App.4th 513, 518. The California Contractors State License Board is an administrative 18 agency, part of the Department of Consumer Affairs charged with licensing and regulating 19 contractors in 43 classifications that constitute the construction industry in the State of 20 California. The Verified Certificate of License History from the Contractors State License 21 Board, establishing the validity of BRITSCHGI CONSTRUCTION'S contractors license 22 during 2005 and 2006, is an official act of which this Court may take judicial notice. 23 3. Alternatively, pursuant to Evidence Code section 452(h), judicial notice may 24 be taken of "facts and propositions that are not reasonably subject to dispute and are capable 25 of immediate and accurate determination by resort to sources of reasonably indisputable 26 accuracy." BRITSCHGI CONSTRUCTION'S valid licensure during 2005 and 2006 is a fact 27 that is capable of immediate and accurate determination by resort to the Contractors State 28 License Board's Verified Certificate of License History, or by contacting the Contractors REQUEST FOR JUDICIAL NOTICE 1 State License Board, a source of reasonably indisputable accuracy. Therefore, on these 2 alternative grounds, Defendant's valid licensure is a fact of which this Court may take judicial 3 notice. 4 4. Pursuant to Evidence Code section 453, a trial court must take judicial notice 5 of any matter specified in Evidence Code section 452 upon a party's request if the party: "(a) 6 gives all adverse parties sufficient notice of the request, through the pleadings or otherwise, to 7 enable them to meet the request; and (2) furnishes the court with sufficient information to 8 enable it to take judicial notice of the matter." Defendant BRITSCHGI has provided adverse 9 parties with sufficient notice of his request for judicial notice through the pleadings. 10 Defendant BRITSCHGI has also furnished the court with sufficient information to enable 11 judicial notice. Attached hereto as Exhibit A is a Verified Certificate of License History from 12 the Contractors State License Board showing that BRITSCHGI CONSTRUCTION held a 13 valid and active license from January 1, 2005 through August 27, 2009, which includes the 14 time period relevant to this litigation, January 1, 2005 through December 31, 2006. 15 Based on the foregoing, Defendant respectfully requests that this Court take judicial 16 notice of the fact that defendant RONALD PAUL BRITSCHGI, dba BRITSCHGI 17 CONSTRUCTION, held a valid contractors license in 2005 and 2006. 18 Dated: September I /, 2009 LUNDGREN & REYNOLDS, LLP 19 By 20 CRAIG N. LUNJDGREN Attorneys for Defendant, Cross-Compl 21 Cross-Complainant RONALD BRITSCHGI dba BRITSCHGI CONSTRUCTION 22 23 DECLARATION OF CRAIG N. LUNDGREN 24 I, CRAIG N. LUNDGREN, declare: 25 1. I am counsel for defendant/cross-complainant/cross-defendant RONALD PAUL 26 BRITSCHGI, dba BRITSCHGI CONSTRUCTION, and am licensed before all of the courts 27 in the State of California. 28 REQUEST FOR JUDICIAL NOTICE 1 2. On August 17, 2009,1 requested that the Contractors State License Board provide, on an expedited basis, a Verified Certificate of License History showing that RONALD PAUL BRITSCHGI, dba BRITSCHGI CONSTRUCTION, License No. 471915, held an active and 4 valid license for the period of January 1, 2005 through December 31, 2006. 5 3. Attached hereto as Exhibit A is a copy of the Verified Certificate of License History 6 for BRITSCHGI CONSTRUCTION'S Contractors License, showing that the license was 7 active from January 1,2005 through August 27,2009, which includes the relevant period of 8 January 1, 2005 through December 31,2006. The original document remains on file with this 9 office and can and will be provided to the Court at the hearing if requested. 10 I declare, under penalty of perjury, that the foregoing is true and correct and that, if 11 called as a witness, I could testify competently thereto. Executed this (^ day of September, 12 2009, in Davis, California. 13 14 CRAIG N. LUNDGREN 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 REQUEST FOR JUDICIAL NOTICE EXHIBIT A Serving « /;/• J, Calyorma CONTRACTORS STA. ^ LICENSE BOARD STATE OF CALIFORNIA 9821 Business Park Dnve, Sacramento, California 95827 Arnold Schwarzenegger, Governor Mailing Address P O Box 26000, Sacramento, CA 95826 800-321-CSLB (2752) www cslb ca gov CERTIFICATION OF RECORDS I HEREBY CERTIFY under penalty of perjury under the laws of the State of California that I am duly authorized by the Registrar of Contractors, the official custodian of records of the Contractors State License Board, to certify to the contents of said records pursuant to Section 162 of the Business and Professions Code, and Section 1280 and 1284 of the Evidence Code The following contractor was licensed under the provisions of law administered by said Board as outlined below Britschgi Construction License Number. 471915 7541 Lucky Lane License Type: Sole Owner Citrus Heights, California 95610 Issued: 04/08/85 Classifications: Effective: B General Building Contractor Issuance Personnel: Effective: Ronald Paul Britschgi, Owner 01/01/05 History 01/01/05 In Effect 08/27/09 Additional Information This license has an "Exemption from Workers' Compensation" currently on file This certificate covers the period 01/01/05 to 08/27/09; however the classification information covers the entire licensing period. This license is renewed to 04/30/11. WITNESS MY HAND and seal of said Board this 27th day of August 2009 at Sacramento, California. SUSAN STIREWALT CUSTODIAN OF RECORDS cjs/F 13L-3'(Rev 7-05) Page 1 of 1 1 Rodney Abbott, et ai V. Ronald Paul Britschgi, et al. Sacramento County Superior Court No. 07AS04450 2 DECLARATION OF SERVICE 3 I am a citizen of the United States, over the age of 18 years, and not a party to or 4 interested in this action. I am an employee of Lundgren and Reynolds, LLP and my business address is 424 2nd Street, Suite A, Davis, California. On this day I caused to be served the 5 following document(s): 6 DEFENDANT, CROSS-COMPLAINANT AND CROSS-DEFENDANT BRITSCHGI'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEMURRER TO FIRST 7 AMENDED COMPLAINT; AND DECLARATION OF CRAIG N. LUNDGREN 8 EX] By placing a true copy, in a sealed envelope, with postage fully prepaid, in the United States Post Office mail at Davis, California, addressed as set forth below. I am 9 familiar with this firm's practice whereby the mail, after being placed in a designated area, is given the appropriate postage and is deposited in a U.S. mail box after the 10 close of the day's business. 11 D By personal delivery of a true copy to the person indicated and at the address set forth below. 12 I | By Federal Express Mail to the person and at the address set forth below. 13 l~~l By transmitting a true copy by facsimile to the person and at the facsimile number set 14 forth below. 15 Stephanie J. Finelli Attorney for Plaintiffs Law Office of Stephanie J. Finelli Rodney Abbott, Florentine Abbott 16 1007 Seventh Street, Suite 500 Sacramento, CA 95814 17 FAX (916) 443-1511 18 Gregory K. Federico Attorney for defendant, cross- Archer Norris Defendant and cross-complainant 19 655 University Avenue, #225 Richard Kirk Ruybalid, individually Sacramento, CA 95825 and dba CA Construction 20 FAX (916) 646-5695 21 Richard D. Sopp Attorney for cross-defendant and Wheatley Sopp, LLP cross-complainant 22 1004 River Rock Drive, Suite 245 Cadre Design Group, Inc. Folsom, CA 95630 23 FAX (916) 988-5296 24 I declare under penalty of perjury under the laws of the State of California that the 25 foregoing is true and correct. Executed on September //£_, 2009, at Davis, California. 26 SHAULA PATCHETT 27 28 I \craig's client files\bntschgi (abbott v)\pleadmgs\pser doc PROOF OF SERVICE