Preview
STEPHANIE J. FINELLI, SBN 173462 FILEO
Law Office of Stephanie J. Finelli Californiaj
2 1007 - 7th Street, Suite 500 iSyperioiT Court
Sacramento, CA 95814 SjSGrgimenta
3 tel 916-443-2144
fax 916-443-1511
4
Attomey for Plaintiffs, B^
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FLORENTINE and RODNEY ABBOTT Casa Klytnbaii';
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7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
8 IN AND FOR THE COUNTY OF SACRAMENTO
9
10 FLORENTINE AND RODNEY ABBOTT, Case No . 07AS04450
11 Plaintiffs, PLAINTIFFS' SUPPLEMENTAL MOTION
IN LIMINE 2 TO BIFURCATE THE ISSUE
12 vs. OF CA CONSTRUCTION'S B&P CODE
VIOLATIONS; DECLARATION OF
13 RONALD BRITSCHGI, et. al., STEPHANIE J FINELLI
14 Defendants Hearing on Motion: January 14, 2011
Time: 9:00 a.m.
15 Dept: 43
Trial Date: January 18, 2011
16 and related cross-complaint Judge: Brian Van Camp
17
18 L INTRODUCTION
19 Plaintiffs provide this supplemental brief in support of their Motion in Limine 2 tc
20 bifurcate the issue of CA Constructions' violations of the Business & Professions Code in light
21 of evidence that CA Construction was not licensed during the time it performed work for
22 plaintiffs as a result ofthe termination ofits worker's compensation insurance.
23
24 II. FACTS
25 On August 31, 2005, CA Construction's worker's compensation was terminated. (See
26 Exh 1 hereto.) On October 11, 2005, the CSLB sent CA Construction a notice that it intended tc
27 suspend CA's license as a result ofthe termination of worker's compensation insurance. (Exh
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Reply to Opposition to Motion in Limine - 1
1 2.) On October 26, 2005, CA Construction obtained a new worker's compensation policy,
2 effective retroactive to August 31, 2005. (Exh 3 hereto.)
3 During the time CA Construction was without worker's compensation insurance, it
4 performed work on plaintiffs property and even entered into the subject contract. CA
5 Construction's timesheets show that its workers were performing concrete work on the Abbott
6 house as early as October 10, 2005. (Exh 4 hereto.) The contract was dated October 24, 2005
7 and signed by the Abbotts on October 25,2005. (Exh 5 hereto.)
8
9 III. LEGAL ARGUMENT
10 A. As a Matter of Law, CA Construction Was Unlicensed During Its First Two Weeks
of Work on Plaintiffs Property
11
12 The law is clear: the failure of a contractor to maintain worker's compensation insurance
13 results in automatic suspension of its license as of the date such coverage lapses. (Bus. &Prof
14 Code $7125.2. Wright v. Issak (2007) 149 Cal.App.4th 1116, 1120-1121.)
15
The failure of a licensee to obtain or maintain workers' compensation insurance
16 coverage, if required under this chapter, shall result in the automatic suspension of
the license by operation of law in accordance with the provisions of this section,
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but this suspension shall not affect, alter, or limit the status of the licensee as an
18 employer for purposes of Section 3716 ofthe Labor Code.
(a) The license suspension imposed by this section is effective upon the earlier of
19 either ofthe following:
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(1) On the date that the relevant workers' compensation insurance coverage
lapses
21 (2) On the date that workers' compensation coverage is required to be obtained.
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(Bus.& Prof Code §7125.2(a).)
23
CA Construction was required to maintain workers' compensation insurance coverage
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because it had employees. (See Exh 4; Bus.& Prof Code §§ 7125(a), (b).) Because such
25
insurance lapsed on August 31, 2005 and CA did not obtain a replacement policy until October
26 26, 2005, CA Construction was unlicensed as a matter of law during that time period. (Bus.&
27 Prof Code §7125.2(a); Wright, supra at pp. 1122-1123.) That the CSLB stated that it woula
28 suspend CA Construction's license if it did not obtain a replacement policy by November 10,
Reply to Opposition to Motion in Limine - 2
2005 (see Exh 2) is irrelevant. (See Wright, supra at pp. 1121-1122 [holding that suspension of
2 license is automatic and does not require any action on the part ofthe CLSB.])
3 From August 31 to October 26, 2005, CA Construction's license was automatically
4 suspended. Thus, CA Construction was not licensed during the time it performed work from
5 October 10 to October 25, 2005, it was unlicensed as a matter of law.
6
7 B. Because CA Construction Was Unlicensed During the Initial Stages of Construction,
It Is not Entitled to Be Paid for Its Services
8
9 Business & Professions Code section 7131 provides in part as follows:
10 (a) Except as provided in subdivision (e), no person engaged in the business or
acting in the capacity of a contractor, may bring or maintain any action, or recover
11 in law or equity in any action, in any court of this state for the collection of
compensation for the performance of any act or contract where a license is
12
required by this chapter without alleging that he or she was a duly licensed
13 contractor at all times during the performance of that act or contract, regardless
of the merits of the cause of action brought by the person, except that this
14 prohibition shall not apply to contractors who are each individually licensed under
15
this chapter but who fail to comply with Section 7029.
(b) Except as provided in subdivision (e), a person who utilizes the services of an
16 unlicensed contractor may bring an action in any court of competent jurisdiction
in this state to recover all compensation paid to the unlicensed contractor for
17 performance of any act or contract.
18
(Bus.&Prof Code §7031(a), (b), emphasis added.)
19
"Where applicable, section 7031(a) bars a person from suing to recover compensation for
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any work he or she did under an agreement for services requiring a contractor's license unless
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proper licensure was in place at all times during such contractual perfonnance." (MW Erectors,
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Inc V. Niederhauser Ornamental & Metal Works Co., Inc. (2005) 36 Cal.4th 412, 419.)
23
Moreover, "Section 7031 (a) does not allow a contractor who was unlicensed at any time during
24
contractual performance nonetheless to recover compensation for individual acts performed
25
while he or she was duly licensed." (Ibid.) Thus, since CA Construction was unlicensed as a
26
matter of law for the first two weeks of work it did on plaintiffs house—and at the time it
27
entered into the contract with plaintiffs—it may not recover for any of the work it did, even
28
during the time it was licensed
Reply to Opposition to Motion in Limine - 3
This law applies even if it may work an inequity. "The Legislature's use ofthe phrase 'in
2 law or equity' and the unqualified terms 'any' and 'all' mean that section 7031, subdivision (a)
3 applies '[r]egardless ofthe equities.'" (White v. Cridlebaugh (2009) 178 Cal App.4th 506, 518
4 519, citing Hvdrotech Systems. Ltd. v. Oasis Waterpark (1991) 52 Cal.3d 988, 997.) "The
5 statutory language demonstrates the Legislature's 'intent to impose a stiff all-or-nothing penalty
6 for unlicensed work ....'" (White, supra at p. 519, citing MW Erectors, Inc., supra, at p. 426)
7 "The statute's harsh results are justified by the importance of deterring violations ofthe licensing
8 requirements." (White, supra at p. 519.)
9 Given the clear state ofthe law and the fact that CA Construction's contractor's license
10 was suspended as a matter of law during the first two weeks it performed work on the Abbott
11 house, as a matter of law, CA Construction violated the Business & Professions Code and the
12 Abbotts are entitled to a refund of all sums paid under section 7031.
13 This Court should bifurcate and determine as a matter of law whether CA Construction
14 violated the Business & Professions Codes and is thus required to disgorge all monies paid under
15 section 2031. Additionally, in making this determination, this Court can and should determine
16 the issue of attomeys fees.
17
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.11.
Dated: January |( j , 2011 By: \^.
Stephanie WFinelli,
Attomey for Plaintiffs
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DECLARATION OF STEPHANIE J. FINELLI
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I, Stephanie J. Finelli, hereby declare under penalty ofperjury, and if called as a witness,
24
would and competently testify as follows:
25
1. I am an attomey, duly licensed to practice in the State of Califomia. I represent
26
plaintiffs Florentine and Rodney Abbott herein.
27
2. Attached hereto as Exhibit 1 and incorporated herein by reference is a true and
28
correct copy of a document I received from the CSLB regarding Richard Ruybalid's CSLB file.
Reply to Opposition to Motion in Limine - 4
1 3. Attached hereto as Exhibit 2 and incorporated herein by reference is a true and
2 correct copy of a document I received from the CSLB regarding Richard Ruybalid's CSLB file
3 4. Attached hereto as Exhibit 3 and incorporated herein by reference is a true and
4 correct copy of a document I received from the CSLB regarding Richard Ruybalid's CSLB file
5 5. Attached hereto as Exhibit 4 and incorporated herein by reference are true and
6 correct copies of time sheets I received from CA Constmction.
7 6. Attached hereto as Exhibit 5 and incorporated herein by reference is a true and
8 correct copy ofthe contract between plaintiffs and CA Constmction.
9 7. Attached hereto as Exhibit 6 and incorporated herein by reference is a true and
10 correct copy ofthe authentication I received from the CSLB regarding Richard Ruybalid's CSLB
11 file, authentication 91 documents, including Exhibits 1 through 3.
12 I declare under penalty ofperjury under the laws ofthe State ofCalifomia the foregoing
13 is tme and correct.
14
Dated- January ( j , 201 1
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Reply to Opposition to Motion in Limine - 5
WORKERS COMP CANCELLATION NOTICE
License Number: 536735
Received Date: 10/07/2005
CSLB Name: CA CONSTRUCTION
STATE COMPENSATION INSURANCE FUND has cancelled policy number 1829215
effective August 31, 2005.
District: Sacramento
SCIF Name: CA CONSTRUCTION
RUYBALID. RICHARD KIRK
111
Set. I
'T-WC-CANC-NTC"
^536735* 1111'l.li.llilllliliillinillilllllllllill
'10/07/2005'
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CONTRACTORS STATE LICENSE BOARD
-^^^^
0821 Miisiiiess Piirk UrivH. Sm-rnmiMilo, Calildriii,! !l,S«''/ STATEOFtJALIKdlt.MA
Mailiii),' Address 1' 0 Box 2001MI. Siicramuntii, CA iiohlili AriKilil S( hwHrztiiu'ijijftr, Cjovpnior
}'00-;iiSl-(J.SLlU?.7,i?l
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rO: CA CONSTRUCTION DATE: 10/11/2005
9332 FAIROAKS BLVD
FAIR OAKS, CA 95628 LICENSE: 536735
NOTICE OF INTENT TO SUSPEND LICENSE
Dear Licensee:
By law. licensees who Imld an active license must have u Workers' Cimipensatiim CcrliHtate
of Insuranco on file with thc Contract4ir's State License Biiard (CSLB) as a condition of
continued maintenunce n i t h e lieense. Our records rcllctt that your Wurkers' C-ompensalmn
C('t tiricair III liiMiranc'H was ounci'lleri
Ifyou still h u e eniployuus, ynu aie lequired Ln have workers" conipetisalion coverage f(»r
thii'-e employees. Please eontacl your insurance loinpany and request that they send an
original cerlificalc of insurance lo the CSLB.
Ifyou do not oniplny any pefsnii in any manner Ui be subject t^i the Workers' Compensalinn
laws ofCalifornia, you niubt coniplotc and submit an E-xemptiiin Ir-oin Workers" Compt^nsation
certificate (Form 13L-50;. You can obtain this form from our website al www.t;?lb,ca.gov
or by contactm^j our office a l the phono number shown above. Do imt coniplett> an exemplion
certiilcate ifyou are required to have workers' cnmponsalion coverage,
Tfan a c c e p t a b l e certificate of i n s u r a n c e or e x e m p t i o n certificate is not r e c e i v e d
w i t h i n 30 d a y s from t h e d a t e o f t h i s notice, w e m u s t s u s p e n d y o u r license effective
N o v e m b e r 10, 2005. On a n d after t h a t d a t e , o u r l i c e n s e information r e c o r d s ,
a u t o m a t e d ]>hone r e s p o n s e s y s t e m and i n t e r n e t site will reflect a s u s p e n s i o n on t h e
l i c e n s e . T h e s u s p e n s i o n will r e m a i n in effect u n t i l a valid certificate of i n s u r a n c e
o r e x e m p t i o n certificate is r e c e i v e d .
Ifyou have any questions regarding Lhis notioe. please contact oui office.
Sincerely.
Workers" Compensation Unit
NOTE: The business name and license number on Ihe document you submit must be
identical to the business name and license number shown on thi.'- letter.
'T-WC-TNTNT-LTR^
txi^Z
' 536735' i:iS-n (Rev. 10/2002)
DATE (MM/DDIYYYY)
ACQRD, CERTIFICATE OF LIABILITY INSURANCE CA8S1?-7^ 10/26/05
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOr
Powers and Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
I n s u r a n c e Agents and Brokers HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P. 0 . Box 619043 L i e #0502564 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
R o s e v i l l e CA 95661-9043
Phone:916-630-8643 Pax;800-783-0083 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A StlA I n s u r a n c e Company
INSURERS
CA C o n s t r u c t i o n INSURER C
9332 F a i r Oaks B l v d INSURER D
F a i r Oaks CA 95628
INSURERE
COVERAGES
ACORD 25 (2001/08) © ACORD CORPORATION 1988
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ConstnictiDn CA eonbactoii Licewe /i336735
Geaexal BiuUimg Canttactpx
Proposal
10/24/05
$1 ibmitted To: Owner/Builder To Be Perfonned At:
I odney & Florentine Abbott 8601 Rolling Green Way
3341 Corvina Dr Fair Oaks, Ca 95628
I ,ancho Cordova, Ca 95670
851-9707 C Plans daied: u/k
S51-970S F
Project: Foundation
Scope of Wor lc Excavate, form, place andfinishconcrete for new home and garage as per plans and
specifications.
Builder or buil iters agent shall specify previous to excavation and verify previous to pour, location and elevation
offinishedfloo i, garage slab and piers. Builders certification and approval shall be in writing.
Any structural :ir layout changes shall be documented inspected and approved. CA Construction shall supply and
locate all hold- lown anchors with general contractor, ' ,
Exclosioiu: E^ Jrything not included herein, included but not limited to: Driveway and aproa Porches, patios,
""^^ walkways, ;3too [is. Grading or removal of dirtfromsite.
Total labor an I material Time & Material + 2 5 % (Not to exceed $53,000)
Schedule of pa |'TOents;$I5,000 upon request of footing inspection. Balance upon con^letion of job.
Any tmj aid debts shall be subjectto pexwlties including all legal fees, collection costs, and interest
charges in tite aa iwimt of l/365th of 18% compoimded daily commencing the due date enacted retroactive at 30
daya delinquenc I'. All invoices are due wilhin 24 hours upon receipt or as allowed for m "Schedule of payments"
if so included m this contract, and shall be payable at contractors place ofbusiness by 5:00 PM PST ofthe day
foil owmg the rei iBtpt of invoice. Failure to pay as agreed shall constitute a breech of contract at which time
contractor shall .ease work until the dispute is remedied.
Schedule of wo k: Contractor shall commence and perform the work in a timely manor. Work to commence
vithin 3 woikinj | days of receipt of contract Project shall reach substantial con3ypletion within 15 days of
•jommencement. Contractor shall oot be responsible for delays due to conditions out of our direct control
including but no limited to: change orders, building inspections, strikes, weather and unavailability of materials.
Notice: Failin-e i D commence work within 20 days ofthe approximate date specified is a violation ofthe
,!)ontractors Jftatt License Law.
1
CA- Construction/Valley Cabinets
93:12 Fair Oaks Blvd., Fair Oaks, CA 95628 Ph: 916-962-1206 Fax: 916-962-1640
SuV
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Construction CA ContraatoB LUMIBE ^35735
Geiiezd Builduig Canlxaetor
Responsibili- / of owner/builder: Cost of permits and any local, state or Federal taxes and fees. It is the
responsibility ofthe owner/builder to provide protectionfi-omloss due to, Fire, theft, vandalism and any natural
disastets. The occurrence of loss does not relieve the buyer of any financial obligation to contractor for work
completed, or: iiaterials delivered to job.
Work hy oth< irs: Contractor shall not be responsible for any work perfonned by other than its employees or
agents.
Wi3 pn I pose to perform all the labor and supply all the equipment necessaiy for the completion ofthe
above named j roject as described herein for the total sum stated hereia Anv unforeseen costs due to
inaccesaibilitv ;hiring inspection or additional work requests shall be in writing and will be billed as extras which
are due and pa i^ble upon their cotnpletion.
This quote sha I be valid for 30 days and may be withdrawn without notice at any time before acceptance.
I accept respon iibility for payment oftiie work per above schedule. In the event that it becomes necessary to
aflfect any type i)f collection proceedings, I/we hereby agree to reimburse CA Construction altomey fees and
court costs resv Iting fiom such action.
•v^ Ji
(initial)
. ^ , _I have received the required ''Notice of right to cancel" and "Notices Required By
Law" with tills contract
Date; /^>J^o<
Date; /oj^^jl^:^
Contractor Acc/>,CL^cC ^jjLijjLcuCic^ Date: / 0 / : i ^ / G . ^
lUchard Ruybalid,' iiBA CA Constiucdon
CA. Construction/Valley Cabinets
93 ::2 Fair Oalts Blvd., Fair Oaks, CA 95628 Ph: 916-962-1206 Fax: 916-962-1640
CAC00003
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CCMlStrUCtiOn CA Cmtoetog Lice«e ^^536735
Geaezal SuiMinsCa&tzaetoy
Notices Required Bv Law
Please Read Careflillv
NOTICE TO C'VVNER/BUtLDER: Under the Mechanics' Lien Law any contractor, subcontractor, laborer, supplier,
or other penor who helps to improve property and is not paid his labor, sendees or material, has the right to enforce
his claim agaii lit your propeity and to sue you in court to obtain payment. This means that after a.court hearing, your
home, lane!, an :l property could be sold by a court ofiicer and the proceeds ofthe sale used to satisfy what you owe.
Tliis can happe it even ifyou have paid your contractor in foil ifthe contractor's subcontractors, laborers, or suppliers
remain un]>aid To preserve their rights to file a claim or lien agaixvst your properfy, certain claimants such as
subconbaclors .ir material suppliers arc each required to provide you with a document called "preliminary notice."
Contractoni ant laborers who contract with owners directly do not have to provide such notice since you are aware of
their existence us an owner. A preliminaiy notice ia not a lien against yotir property. Its purpose is to notify you of
persons or siitilies that may have a right to file a lien against your property if they are not paid. In order to perfect
their lien rights a contractor, subcontractor, supplier, or laborer must file a mechanic's lien with the counfy recorder,
which then beoi imcs a recorded lien against your property. Generally, the maximum time for filling a mechanic's lien
against youc on perty is 90 days substantial completion ofyour project. "State law requires anyone who contracts to
do Constmatioj wwk to be licensed by the contractors state license board in the license category in which the
contractor ia go ug to be woiking-if thc total price of the job ia $300,00 or more (including the labor and materials.)
"^^ Licensed centra ,.torj are regulated by laws designed to protect the public. Ifyou contract with someone viho does not
have a license, he contractors' Hcense board may not bo able to assist yon with a complaint Your only remedy
against an unlic insed contractor may be in civil court, and you may be hable for damages arising out of any injuries
to the contra ctoi his employees.
You may ccntac I the contractors' state licenses board to find out ifthis contractor has a valid license. The board has
complete irfonc iation on the history of licensed contractoi3, including any possible suspensions, revocations,
judgments, and ,dtations. The board has ofBces throughout California, Please check the govemment pages of the
white pages for t le office nearest you or call 1- 800-321-CSLB for more information.
NOTICE: BY H imALING IBE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING
OUT OF Tim . ilATTBRS INCLUDED IN W E 'ARBITRAnON OF DISPUTES' PROVISION DECIDED BY
NEUTRAL ARiilTRATION AS PRO"VIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY
RIQHTS YOU 7 aGHr POSSES TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRUL. BY
[NmALING IN THE SPACE BELOW YOU ARE GIVING UP! YOUR JUDICIAL RIGHTS TO DISCO"VERY
.-VND APEAL, JNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF
DISPUTES' PRCIVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THE
?ROVISION, Yl IU MAYBE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE BUSINESS
\ND PROFFE: ISIONS CODE OR OTHER APPLICABLE LAWS. YOUR AGREEMENT TO THIS
,\RBrrRATIQN 'RO'VISION IS VOLUNTARY.
•VE/I HAVE RE ' ^ AND UNDERSTA>JD THE ABOVE PROVISION AND AGREE TO SUBMIT DISPUTES
FUSING OUT OF MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO
•>IEUTRAL ^iRB TRATION."
:USTOMER INI llAL: ^ CUSTOMER INTITAL: jS^
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CA. Construction/Valley Cabinets
93 ;I2 Fair Oate Blvd., Fair Oaks, CA 95628 Ph: 916-962-1206 Fax: 916-962-1640
CAC00004
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Construction CA Contocton Uxrm ceaures for the materials required under this contract If upon start of work, the^ contractor finds
conditions tha will not allow him to continue under this contract CA Construction may at his option present to the
Owner/builder "juyer a separate estimate for the extra woric The Owner^uilder/buyer shall have the right to hire
other contract* rs to do the work not covered imder this conttact Upon such situations CA Constructions reserves thc
right to stop V oik until tiie job site and/or the conditions are brought up to normal conditions to continue his woik
under this con :ract Fmthennore. Owner represents that he will relocate clothing personal effects and all pemonal
properfy and f I ants to bringing ofthe woik so that the Contractor has fi-ee access to portions ofthe building where
work is being :lone. In thc event that the owner fails to relocate any items as provided hereunder, Contiactor may
relocate any o;' the owner's properfy as may be required and is not responsible tor damage thereto which may result
during proa'ecu .ion of work, U ^ n movement of above items CA Constmction may charge for this work unless suoh
movementii are listed are listed in this contract
NON-RESPO^ SIBILITY: The Contractor shall not be responsible for any damage occasioned by the Owner/builder
or Owners agei L rain, wmdstoim, acts of God, or other causes beyond the control of the Contractor, unless otherwise
herein pro'iide I or unless he is obligated by the terms hereof to provide insurance against such hazards, Thc
Contractor sha) I not be responsible for the damage to existing walks, curbs, driveways, cesspools, septic tanks, sewer
lines, arches, liivnis, trees, clotheslines, personal property, telephone and electrical lines, by the Contractor, or
supplier inourrt i in the p^onnance ofthe work The Contractor shall not bc responsible for any loss of wages the
owner may inci ir due to providing Contractors access to the woric area/or Owners desire to be present while work is
being complete ,
CANCELLAT] pN: The Owner/builder is given a copy of the 'Federal Rescission notice" attached to this contract.
Once tiie «ontJ ,ict ts out of rescission, tiie Contractor will schedule the work and order thc material for the
completion of t le contract Ifthis contract is cancelled by the Owner/buildcr/buyer for any reason after the three day
recession piaiot , thc Owner/builder/buyer ia responsible ror any cost incuired by CA Constmction, including but not
limited to time went labor, materials, loss of profit and any other costs associated with this contract and attomey's
fees required to mlly enforce this contract The peimits, plans, reasonable cost for time and effort or any money spent
by CA Coiistru :tion to start and finish this contract shall be paid to CA Constmction upon cancellation, m some
cases there ma.- be two separate contracts written between CA Construction and the Owner/builder/buyer for
different ])r<:>jec n on the same home. Upon such situations if any disputes arisefix>mone contract, it sliall not have
any bcaitng ( a tiie other contracts. If Owner/builder/buyer decides to cancel one or all contracts,
Owner/builcler/t iiyer shall bo binding by each contract separately and all terms and conditions apply pcr contract
PAYMENT: Pa jment must be made on the entire outstanding balance on all contracts upon conqiletion of work to
the Foreman of .he installation crew. All checks must be made payable to CA Construction Company, On contracts
that CA Constn ;:tion Company or its agents finance, a completion certificate must be signed upon the completion of
work. A 10"/-i 0 ]arge will be accessed eveiy 30 days on all outstanding balances unless otherwise specified in tiiis
contract Osmer bmlder/buyer agrees to make all payments, progress payments and extra charges upon receiving of
bill or im'oicc.
COLLECTION: CA Construction shall have the right to stop work and keep tho job idle if paymenta are not made to
him when rlue ir as specified in this contract t£ any payments are not made to CA Construction •wiien due,
Owner/buildcr/b lyex shall pay to CA Construction an additional charge of 150/, ofthe amoiut ofsuch payment pea-
day, in the .?ver I of returned check(s), Owner/builder/buyer shall pay to CA Constmction an additional charge of
$35.00 over an* above of any other charges plus bank charges. In the event of non payment as agreed in this
contract, contrac :or will stop work as outlined above and Owner/builder/btryer must pay the full contract price before
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CA- Construction/Valley Cabinets
9 'i32 Fair Oaks B^d., Fair Oaks, CA 95628 Ph: 916-962-1206 Fax: 916-962-1640
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c i v r ^ o x - lOSv Aaron oben
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Construction CA ConlractDB License «536735
I fl«i,iavj1 BlTT^i^TTlg r r m h r a r ^ ^ f
contractor wi] 1 proceed, and Owncr/buildei/buyer shall be responsible for any and all materials left on the premises
and /or ariy d. mages to such materials. Within 10 days after execution ofthis contract, CA Construction shall have
the right to c incel this contract should it be detemuned that there is any uncertainfy that all payments under this
contract will •te made when due and/or if it is detennined by CA Constmction that the job caimot be done in
accordance of any laws, regttiations, and/or building codes. Owner/builder/buyer agrees to release CA Construction
of any lialtilit •,ts and responsibilities under this contract upon such situations outlined above. Should anylitigation be
commencttd b- itween the parties concerning lhis contract, ortiierightsand duties of CA Constmction, Owner Builder
shall bo ri»po 'sible for any and all cosb mcluding attomey's fees and court costs and all aibitration or mediation
costs.
Contractors ar i required by law to be Ucensed and regulated by the Contractors' State license board. Any questions
concemini' a c imtractor may be referred to the registrar of tho board whose address is:
Contracton St ite License Board, 9835 Goeth Road, Sacramento, CA 95826
v^
^
CA. Construction/Valley Cabmets
9 132 Fan Oaks Blvd., Fair Oaks, CA 95628 Ph: 916-962-1206 Fax: 916-962-1640
CAC00006
121007
1 0 / 2 2 / 2 0 1 4 0 7 : 1 6 FAX PAGE 7/7
V • \ ^ ^ r \ j ^ - IO- - Aaron Olsen
o
Construction CA CorfrsctoH License «536735
Geaazal BuiUii^ Cantractpv
Notice of right to cancel
Notice of cancellation
Enter date of transaction
You may cau' lel this transaction, without any penalfy or obligation, within three business daysfromthe above
date.
Ifyou cancel, imy properfy traded in, any payments made by you imder the contract or sale, and any negotiable
instmment e» cuted by you will be returned within ten days following the receipt by the seller ofyour
cancellation n itice, and any securify interest arising out oftiie transaction will be canceled.
Ifyou cancel i :>u must make available at your residence, in substantially as good condition as when received,
any goods deh i/ered to you under this contract or sale, or you may ifyou -wish, comply "with the instructions of
the seller regaj i ling the retum shipment of goods at the seller's expense and risk.
"^—^ Ifyou do maki i the goods available to the seller and the seUer does not pick them up within twenty days ofthe
date ofyour nt dee of cancellation, you may retain or dispose ofthe goods without further obligation.
Ifyou fail to n iike the goods available to the seller, or ifyou agree to retum the goods to the seller aud fail to do
so, then you re -aain liable for the performance of all obligations under the contract.
To cancel lhis - ransaction, mail or deliver a signed and dated copy ofthis cancellation notice, or any other
written notice, ;r send a telegram to: CA Construction, At: 9332 Fair Oaks Blvd., Fair Oaks, CA 95628
No laler than n .idnight following the third business day ofthe date ofthis transaction.
I hereby cancel his transaction
(Date)
(Buyer's signature)
CA. Construction/Valley Cabinets
9:132 Fair Oaks Blvd., Fair Oaks, CA 9S628 Ph: 916-962-1206 Fax: 916-962-1640
CAC00007
Timesheet
Printed on 03/25/2009
Name- Abbott, Robert
Rolling Green Way
JS 32 Install Cabinets Hourly Rate
Contracting-Indianapol
IS Radisson Cabinets
Totals ;oo 0.00 IOO 0 00 0 00 0 00 0 00 16 00
o Signature
1-^
Timesheet
Pnnted on 03/25/2009
Name. Atchison, Peter L Oct 10 to Oct 16, 2005
Service Item Payroll Item Notes M Tu W Th Sa Su Total Bill*
29 Supervision Hourly Rate ;oo iOO ;oo
Rolling Green Way
CA Contracting 29 Supervision Hourly Rate 100 3 00 11 00
Totals IOO !.00 3 00 IOO ;oo 0 00 0 00 35 00
7\
Signature
Timesheet
Pnnted on 03/25/2009
Name. Atchison, Peter L Oct 17 to Oct 23, 2005
Service Item Payroll Item Notes M Tu W Th Sa Su Total Bill*
29 Supervision Hourly Rate IOO 3 00 ;oo 6 00 00
CA Contracting 29 Supervision Hourly Rate 2 00 2 00 B
Tilton Pacific 29 Supervision Hourly Rate 5 00 5 00 B
Construction
Co Fairfield Safeway •
TPC0507
Totals !00 8 00 8.00 !00 100 0 00 0 00 33 00
Signature
OS
Timesheet
Pnnted on 03/25/2009
Name Azcarate, Martin Oct 10 to Oct 16, 2005
Customer Job Service Item Payroll Item Notes M Tu W Th Sa Su Total Bill*
04 Concrete Hourly Rate 3 00 6 00 7 00
Rolling Green Way
>
Totals 0 00 3 00 6 00 7 00 0 00 0 00 0 00 16 00
-5
Signature
5\
Timesheet
Pnnted on 03/25/2009
Name Azcarate, Martin Oct 17 to Oct 23, 2005
Customer Job Service Item Payroll Item Notes M Tu W Th Sa Su Total Bill*
04 Concrete Hourly Rate ;oo 5 50 6 50
Rolling Green Way
Totals 100 0 00 0 00 5 50 6 50 0 00 0 00 20 00
Signature
-a
Timesheet
Pnnted on 03/25/2009
Name Fisilau, Kamipeli Oct 10 to Oct 16, 2005
Customer.Job Service Item Payroll Item Notes M Tu W Th Sa Su Total Bill*
04 Concrete Hourly Rate 3 00 5 00 7 00
Rolling Green Way
Hammond, Vincent & 04 Concrete Hourly Rate 5 00 5 00
Jennifer 3981 2nd Ave
Totals 100 5 00 0 00 0.00 7 00 0 00 0 00 20 00
Signature
as
Timesheet
Printed on 03/25/2009
Name Fisilau, Kamipeli Oct 17 to Oct 23, 2005
Customer Job Service Item Payroll Item Notes M Tu W Th Sa Su Total Bill*
04 Concrete Hourly Rate 100 100 6 50 6 50
Rolling Green Way
Tilton Pacific 04 Concrete Hourly Rate 5 00 5 00
Construction
Co Safeway #1127-
Trash Enclosure
Totals 8 00 5 00 100 6 50 6 50 0 00 0 00 34 00
Signature
Timesheet
Printed on 03/25/2009
Name Hamilton, John T. Oct 10 to Oct 16, 2005
Customer Job Service Item Payroll Item Notes M Tu W Th Sa Su Total Bill*
04 Concrete Hourly Rate 3 00 5 00 100
mine 8601
Rolling Green Way
Tilton Pacific 04 Concrete Hourly Rate 4 00 4 00
Construction
Co Safeway #1127-
Trash Enclosure
Totals 4 00 3 00 0 00 5 00 0 00 0 00
;oo 20 00
Signature
Timesheet
Printed on 03/25/2009
Name- Hamilton, John T. Oct 17 to Oct 23, 2005
Customer Job Service Item Payroll Item Notes M Tu W Th Sa Su Total Bill*
04 Concrete Hourly Rate 100 100 6 50 :00
Rolling Green Way
Tilton Pacific 04 Concrete Hourly Rate 5 00 5 00
Construction
Co Safeway #1127-
Trash Enclosure
Totals 100 5 00 100 6 50 100 0 00 0 00 35 50
Signature
-J
Servinq
c 4 ^ CONTRACTORS STATE LICENSE BOARD
9821 Business Park Drive, Sacramento, California 95627 STATE OF CALIFORNIA
Mailmg Address. P O Box 26000, Sacramento, CA 95826 ARNOLD SCHWARZENEGGER, Governor
800-321-CSLB (2752)
www cslb ca gov
I HEREBY CERTIFY that I am duly a u ^ p ^ ^ m y the Registrar of Contractors, the officer in
charge of the records of the Gontractor^^tat^KcMse Board, to certify to copies of documents on
file in the office of said Board, ^ ^ g t h a ^ h e a t t ^ j e d docSctaents were prepared by and in this
office from the records on f i l e , ^ ' ^ ^ ^ t r ^ ^ n d comect copi:^^f4the onginal documents or copies
on file in the records of said^Mard ^w\ S l#f^#;^5-v
WITNESS OF MY HAND and the seal of said Board, this 13tn day of October, 2010
Bv^x .M^/K^Jj. f-atoait
\Lrrcustodian of Records
SUSAN STIREWAC
HY/13M-9(rev4/05)
PROOF OF SERVICE BY FAX AND MAIL
CASENAME: Abbottv Britschgi
CASE NUMBER- Sacramento County Superior Court 07AS04450
1 declare that 1 am a citizen of the United States and a resident of the County of
Sacramento I am, and at all times mentioned herein was, an active member of the State Bar of
Callfomia and not a party to the above-entitled cause. My business address is 1007 Seventh Street,
Suite 500, Sacramento, California 95814
On January 10,2011, pursuant to CCP §1013A(2), 1 served the following:
PLAINTIFFS' SUPPLEMENTAL MOTION IN LIMINE 2 TO BIFURCATE THE ISSUE OF
CA CONSTRUCTION'S B&P CODE VIOLATIONS; DECLARATION OF STEPHANIE J.
FINELLI
BY FAX. by faxing a copy of said document to the following-
Gregory Federico
Archer Norris
301 University Ave., Suite 110
Sacramento, CA 95825
via fax only 916-646-5696
Richard Sopp
Maloney, Wheatiey, Sopp & Brooks
1004 Moon River Rock Drive, Suite 245
Folsom, CA 95630
via fax only 916-988-5296
Richard W Freeman, Jr
Wood, Smith, Henning & Berman
1401 Willow Pass Road, Suite 700
Concord, CA 94520-7982
via fax only 925-356-8250
BY MAIL, by depositing a copy of said document in the United States mail in Sacramento,
California, in a sealed envelope, with postage ftilly prepaid, addressed as follows:
Mark Smith
8549 Willow Valley Place
Granite Bay, CA 95746
1 declare under penalty ofperjury under the laws ofthe State ofCalifomia the foregoing is
true and correct
DATED. January 10,2011
Stephanie
Preview
STEPHANIE J. FINELLI, SBN 173462 FILEO Law Office of Stephanie J. Finelli Californiaj 2 1007 - 7th Street, Suite 500 iSyperioiT Court Sacramento, CA 95814 SjSGrgimenta 3 tel 916-443-2144 fax 916-443-1511 4 Attomey for Plaintiffs, B^ 5 FLORENTINE and RODNEY ABBOTT Casa Klytnbaii'; 6 7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR THE COUNTY OF SACRAMENTO 9 10 FLORENTINE AND RODNEY ABBOTT, Case No . 07AS04450 11 Plaintiffs, PLAINTIFFS' SUPPLEMENTAL MOTION IN LIMINE 2 TO BIFURCATE THE ISSUE 12 vs. OF CA CONSTRUCTION'S B&P CODE VIOLATIONS; DECLARATION OF 13 RONALD BRITSCHGI, et. al., STEPHANIE J FINELLI 14 Defendants Hearing on Motion: January 14, 2011 Time: 9:00 a.m. 15 Dept: 43 Trial Date: January 18, 2011 16 and related cross-complaint Judge: Brian Van Camp 17 18 L INTRODUCTION 19 Plaintiffs provide this supplemental brief in support of their Motion in Limine 2 tc 20 bifurcate the issue of CA Constructions' violations of the Business & Professions Code in light 21 of evidence that CA Construction was not licensed during the time it performed work for 22 plaintiffs as a result ofthe termination ofits worker's compensation insurance. 23 24 II. FACTS 25 On August 31, 2005, CA Construction's worker's compensation was terminated. (See 26 Exh 1 hereto.) On October 11, 2005, the CSLB sent CA Construction a notice that it intended tc 27 suspend CA's license as a result ofthe termination of worker's compensation insurance. (Exh 28 Reply to Opposition to Motion in Limine - 1 1 2.) On October 26, 2005, CA Construction obtained a new worker's compensation policy, 2 effective retroactive to August 31, 2005. (Exh 3 hereto.) 3 During the time CA Construction was without worker's compensation insurance, it 4 performed work on plaintiffs property and even entered into the subject contract. CA 5 Construction's timesheets show that its workers were performing concrete work on the Abbott 6 house as early as October 10, 2005. (Exh 4 hereto.) The contract was dated October 24, 2005 7 and signed by the Abbotts on October 25,2005. (Exh 5 hereto.) 8 9 III. LEGAL ARGUMENT 10 A. As a Matter of Law, CA Construction Was Unlicensed During Its First Two Weeks of Work on Plaintiffs Property 11 12 The law is clear: the failure of a contractor to maintain worker's compensation insurance 13 results in automatic suspension of its license as of the date such coverage lapses. (Bus. &Prof 14 Code $7125.2. Wright v. Issak (2007) 149 Cal.App.4th 1116, 1120-1121.) 15 The failure of a licensee to obtain or maintain workers' compensation insurance 16 coverage, if required under this chapter, shall result in the automatic suspension of the license by operation of law in accordance with the provisions of this section, 17 but this suspension shall not affect, alter, or limit the status of the licensee as an 18 employer for purposes of Section 3716 ofthe Labor Code. (a) The license suspension imposed by this section is effective upon the earlier of 19 either ofthe following: 20 (1) On the date that the relevant workers' compensation insurance coverage lapses 21 (2) On the date that workers' compensation coverage is required to be obtained. 22 (Bus.& Prof Code §7125.2(a).) 23 CA Construction was required to maintain workers' compensation insurance coverage 24 because it had employees. (See Exh 4; Bus.& Prof Code §§ 7125(a), (b).) Because such 25 insurance lapsed on August 31, 2005 and CA did not obtain a replacement policy until October 26 26, 2005, CA Construction was unlicensed as a matter of law during that time period. (Bus.& 27 Prof Code §7125.2(a); Wright, supra at pp. 1122-1123.) That the CSLB stated that it woula 28 suspend CA Construction's license if it did not obtain a replacement policy by November 10, Reply to Opposition to Motion in Limine - 2 2005 (see Exh 2) is irrelevant. (See Wright, supra at pp. 1121-1122 [holding that suspension of 2 license is automatic and does not require any action on the part ofthe CLSB.]) 3 From August 31 to October 26, 2005, CA Construction's license was automatically 4 suspended. Thus, CA Construction was not licensed during the time it performed work from 5 October 10 to October 25, 2005, it was unlicensed as a matter of law. 6 7 B. Because CA Construction Was Unlicensed During the Initial Stages of Construction, It Is not Entitled to Be Paid for Its Services 8 9 Business & Professions Code section 7131 provides in part as follows: 10 (a) Except as provided in subdivision (e), no person engaged in the business or acting in the capacity of a contractor, may bring or maintain any action, or recover 11 in law or equity in any action, in any court of this state for the collection of compensation for the performance of any act or contract where a license is 12 required by this chapter without alleging that he or she was a duly licensed 13 contractor at all times during the performance of that act or contract, regardless of the merits of the cause of action brought by the person, except that this 14 prohibition shall not apply to contractors who are each individually licensed under 15 this chapter but who fail to comply with Section 7029. (b) Except as provided in subdivision (e), a person who utilizes the services of an 16 unlicensed contractor may bring an action in any court of competent jurisdiction in this state to recover all compensation paid to the unlicensed contractor for 17 performance of any act or contract. 18 (Bus.&Prof Code §7031(a), (b), emphasis added.) 19 "Where applicable, section 7031(a) bars a person from suing to recover compensation for 20 any work he or she did under an agreement for services requiring a contractor's license unless 21 proper licensure was in place at all times during such contractual perfonnance." (MW Erectors, 22 Inc V. Niederhauser Ornamental & Metal Works Co., Inc. (2005) 36 Cal.4th 412, 419.) 23 Moreover, "Section 7031 (a) does not allow a contractor who was unlicensed at any time during 24 contractual performance nonetheless to recover compensation for individual acts performed 25 while he or she was duly licensed." (Ibid.) Thus, since CA Construction was unlicensed as a 26 matter of law for the first two weeks of work it did on plaintiffs house—and at the time it 27 entered into the contract with plaintiffs—it may not recover for any of the work it did, even 28 during the time it was licensed Reply to Opposition to Motion in Limine - 3 This law applies even if it may work an inequity. "The Legislature's use ofthe phrase 'in 2 law or equity' and the unqualified terms 'any' and 'all' mean that section 7031, subdivision (a) 3 applies '[r]egardless ofthe equities.'" (White v. Cridlebaugh (2009) 178 Cal App.4th 506, 518 4 519, citing Hvdrotech Systems. Ltd. v. Oasis Waterpark (1991) 52 Cal.3d 988, 997.) "The 5 statutory language demonstrates the Legislature's 'intent to impose a stiff all-or-nothing penalty 6 for unlicensed work ....'" (White, supra at p. 519, citing MW Erectors, Inc., supra, at p. 426) 7 "The statute's harsh results are justified by the importance of deterring violations ofthe licensing 8 requirements." (White, supra at p. 519.) 9 Given the clear state ofthe law and the fact that CA Construction's contractor's license 10 was suspended as a matter of law during the first two weeks it performed work on the Abbott 11 house, as a matter of law, CA Construction violated the Business & Professions Code and the 12 Abbotts are entitled to a refund of all sums paid under section 7031. 13 This Court should bifurcate and determine as a matter of law whether CA Construction 14 violated the Business & Professions Codes and is thus required to disgorge all monies paid under 15 section 2031. Additionally, in making this determination, this Court can and should determine 16 the issue of attomeys fees. 17 18 19 .11. Dated: January |( j , 2011 By: \^. Stephanie WFinelli, Attomey for Plaintiffs 20 21 22 DECLARATION OF STEPHANIE J. FINELLI 23 I, Stephanie J. Finelli, hereby declare under penalty ofperjury, and if called as a witness, 24 would and competently testify as follows: 25 1. I am an attomey, duly licensed to practice in the State of Califomia. I represent 26 plaintiffs Florentine and Rodney Abbott herein. 27 2. Attached hereto as Exhibit 1 and incorporated herein by reference is a true and 28 correct copy of a document I received from the CSLB regarding Richard Ruybalid's CSLB file. Reply to Opposition to Motion in Limine - 4 1 3. Attached hereto as Exhibit 2 and incorporated herein by reference is a true and 2 correct copy of a document I received from the CSLB regarding Richard Ruybalid's CSLB file 3 4. Attached hereto as Exhibit 3 and incorporated herein by reference is a true and 4 correct copy of a document I received from the CSLB regarding Richard Ruybalid's CSLB file 5 5. Attached hereto as Exhibit 4 and incorporated herein by reference are true and 6 correct copies of time sheets I received from CA Constmction. 7 6. Attached hereto as Exhibit 5 and incorporated herein by reference is a true and 8 correct copy ofthe contract between plaintiffs and CA Constmction. 9 7. Attached hereto as Exhibit 6 and incorporated herein by reference is a true and 10 correct copy ofthe authentication I received from the CSLB regarding Richard Ruybalid's CSLB 11 file, authentication 91 documents, including Exhibits 1 through 3. 12 I declare under penalty ofperjury under the laws ofthe State ofCalifomia the foregoing 13 is tme and correct. 14 Dated- January ( j , 201 1 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Reply to Opposition to Motion in Limine - 5 WORKERS COMP CANCELLATION NOTICE License Number: 536735 Received Date: 10/07/2005 CSLB Name: CA CONSTRUCTION STATE COMPENSATION INSURANCE FUND has cancelled policy number 1829215 effective August 31, 2005. District: Sacramento SCIF Name: CA CONSTRUCTION RUYBALID. RICHARD KIRK 111 Set. I 'T-WC-CANC-NTC" ^536735* 1111'l.li.llilllliliillinillilllllllllill '10/07/2005' SiTi'/m; (\ifiJornui CONTRACTORS STATE LICENSE BOARD -^^^^ 0821 Miisiiiess Piirk UrivH. Sm-rnmiMilo, Calildriii,! !l,S«''/ STATEOFtJALIKdlt.MA Mailiii),' Address 1' 0 Box 2001MI. Siicramuntii, CA iiohlili AriKilil S( hwHrztiiu'ijijftr, Cjovpnior }'00-;iiSl-(J.SLlU?.7,i?l l( trtii.r-ilh.rii ,,'>7i rO: CA CONSTRUCTION DATE: 10/11/2005 9332 FAIROAKS BLVD FAIR OAKS, CA 95628 LICENSE: 536735 NOTICE OF INTENT TO SUSPEND LICENSE Dear Licensee: By law. licensees who Imld an active license must have u Workers' Cimipensatiim CcrliHtate of Insuranco on file with thc Contract4ir's State License Biiard (CSLB) as a condition of continued maintenunce n i t h e lieense. Our records rcllctt that your Wurkers' C-ompensalmn C('t tiricair III liiMiranc'H was ounci'lleri Ifyou still h u e eniployuus, ynu aie lequired Ln have workers" conipetisalion coverage f(»r thii'-e employees. Please eontacl your insurance loinpany and request that they send an original cerlificalc of insurance lo the CSLB. Ifyou do not oniplny any pefsnii in any manner Ui be subject t^i the Workers' Compensalinn laws ofCalifornia, you niubt coniplotc and submit an E-xemptiiin Ir-oin Workers" Compt^nsation certificate (Form 13L-50;. You can obtain this form from our website al www.t;?lb,ca.gov or by contactm^j our office a l the phono number shown above. Do imt coniplett> an exemplion certiilcate ifyou are required to have workers' cnmponsalion coverage, Tfan a c c e p t a b l e certificate of i n s u r a n c e or e x e m p t i o n certificate is not r e c e i v e d w i t h i n 30 d a y s from t h e d a t e o f t h i s notice, w e m u s t s u s p e n d y o u r license effective N o v e m b e r 10, 2005. On a n d after t h a t d a t e , o u r l i c e n s e information r e c o r d s , a u t o m a t e d ]>hone r e s p o n s e s y s t e m and i n t e r n e t site will reflect a s u s p e n s i o n on t h e l i c e n s e . T h e s u s p e n s i o n will r e m a i n in effect u n t i l a valid certificate of i n s u r a n c e o r e x e m p t i o n certificate is r e c e i v e d . Ifyou have any questions regarding Lhis notioe. please contact oui office. Sincerely. Workers" Compensation Unit NOTE: The business name and license number on Ihe document you submit must be identical to the business name and license number shown on thi.'- letter. 'T-WC-TNTNT-LTR^ txi^Z ' 536735' i:iS-n (Rev. 10/2002) DATE (MM/DDIYYYY) ACQRD, CERTIFICATE OF LIABILITY INSURANCE CA8S1?-7^ 10/26/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOr Powers and Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE I n s u r a n c e Agents and Brokers HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. 0 . Box 619043 L i e #0502564 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW R o s e v i l l e CA 95661-9043 Phone:916-630-8643 Pax;800-783-0083 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A StlA I n s u r a n c e Company INSURERS CA C o n s t r u c t i o n INSURER C 9332 F a i r Oaks B l v d INSURER D F a i r Oaks CA 95628 INSURERE COVERAGES ACORD 25 (2001/08) © ACORD CORPORATION 1988 eiln3 11002 1 0 / 2 2 / 2 0 1 4 07:13 FAI .. Aaron Olsen PAGE 2/7 iplM], •J ConstnictiDn CA eonbactoii Licewe /i336735 Geaexal BiuUimg Canttactpx Proposal 10/24/05 $1 ibmitted To: Owner/Builder To Be Perfonned At: I odney & Florentine Abbott 8601 Rolling Green Way 3341 Corvina Dr Fair Oaks, Ca 95628 I ,ancho Cordova, Ca 95670 851-9707 C Plans daied: u/k S51-970S F Project: Foundation Scope of Wor lc Excavate, form, place andfinishconcrete for new home and garage as per plans and specifications. Builder or buil iters agent shall specify previous to excavation and verify previous to pour, location and elevation offinishedfloo i, garage slab and piers. Builders certification and approval shall be in writing. Any structural :ir layout changes shall be documented inspected and approved. CA Construction shall supply and locate all hold- lown anchors with general contractor, ' , Exclosioiu: E^ Jrything not included herein, included but not limited to: Driveway and aproa Porches, patios, ""^^ walkways, ;3too [is. Grading or removal of dirtfromsite. Total labor an I material Time & Material + 2 5 % (Not to exceed $53,000) Schedule of pa |'TOents;$I5,000 upon request of footing inspection. Balance upon con^letion of job. Any tmj aid debts shall be subjectto pexwlties including all legal fees, collection costs, and interest charges in tite aa iwimt of l/365th of 18% compoimded daily commencing the due date enacted retroactive at 30 daya delinquenc I'. All invoices are due wilhin 24 hours upon receipt or as allowed for m "Schedule of payments" if so included m this contract, and shall be payable at contractors place ofbusiness by 5:00 PM PST ofthe day foil owmg the rei iBtpt of invoice. Failure to pay as agreed shall constitute a breech of contract at which time contractor shall .ease work until the dispute is remedied. Schedule of wo k: Contractor shall commence and perform the work in a timely manor. Work to commence vithin 3 woikinj | days of receipt of contract Project shall reach substantial con3ypletion within 15 days of •jommencement. Contractor shall oot be responsible for delays due to conditions out of our direct control including but no limited to: change orders, building inspections, strikes, weather and unavailability of materials. Notice: Failin-e i D commence work within 20 days ofthe approximate date specified is a violation ofthe ,!)ontractors Jftatt License Law. 1 CA- Construction/Valley Cabinets 93:12 Fair Oaks Blvd., Fair Oaks, CA 95628 Ph: 916-962-1206 Fax: 916-962-1640 SuV CAC00002 ©003 10/227,2014 0 7 : 1 4 FAX Aaron Olsen PAGE 3/7 o Construction CA ContraatoB LUMIBE ^35735 Geiiezd Builduig Canlxaetor Responsibili- / of owner/builder: Cost of permits and any local, state or Federal taxes and fees. It is the responsibility ofthe owner/builder to provide protectionfi-omloss due to, Fire, theft, vandalism and any natural disastets. The occurrence of loss does not relieve the buyer of any financial obligation to contractor for work completed, or: iiaterials delivered to job. Work hy oth< irs: Contractor shall not be responsible for any work perfonned by other than its employees or agents. Wi3 pn I pose to perform all the labor and supply all the equipment necessaiy for the completion ofthe above named j roject as described herein for the total sum stated hereia Anv unforeseen costs due to inaccesaibilitv ;hiring inspection or additional work requests shall be in writing and will be billed as extras which are due and pa i^ble upon their cotnpletion. This quote sha I be valid for 30 days and may be withdrawn without notice at any time before acceptance. I accept respon iibility for payment oftiie work per above schedule. In the event that it becomes necessary to aflfect any type i)f collection proceedings, I/we hereby agree to reimburse CA Construction altomey fees and court costs resv Iting fiom such action. •v^ Ji (initial) . ^ , _I have received the required ''Notice of right to cancel" and "Notices Required By Law" with tills contract Date; /^>J^o< Date; /oj^^jl^:^ Contractor Acc/>,CL^cC ^jjLijjLcuCic^ Date: / 0 / : i ^ / G . ^ lUchard Ruybalid,' iiBA CA Constiucdon CA. Construction/Valley Cabinets 93 ::2 Fair Oalts Blvd., Fair Oaks, CA 95628 Ph: 916-962-1206 Fax: 916-962-1640 CAC00003 •, ' ^ 21004 10/22/2014 07:14 FAX AaronOlsen PAGE4/7 J CCMlStrUCtiOn CA Cmtoetog Lice«e ^^536735 Geaezal SuiMinsCa&tzaetoy Notices Required Bv Law Please Read Careflillv NOTICE TO C'VVNER/BUtLDER: Under the Mechanics' Lien Law any contractor, subcontractor, laborer, supplier, or other penor who helps to improve property and is not paid his labor, sendees or material, has the right to enforce his claim agaii lit your propeity and to sue you in court to obtain payment. This means that after a.court hearing, your home, lane!, an :l property could be sold by a court ofiicer and the proceeds ofthe sale used to satisfy what you owe. Tliis can happe it even ifyou have paid your contractor in foil ifthe contractor's subcontractors, laborers, or suppliers remain un]>aid To preserve their rights to file a claim or lien agaixvst your properfy, certain claimants such as subconbaclors .ir material suppliers arc each required to provide you with a document called "preliminary notice." Contractoni ant laborers who contract with owners directly do not have to provide such notice since you are aware of their existence us an owner. A preliminaiy notice ia not a lien against yotir property. Its purpose is to notify you of persons or siitilies that may have a right to file a lien against your property if they are not paid. In order to perfect their lien rights a contractor, subcontractor, supplier, or laborer must file a mechanic's lien with the counfy recorder, which then beoi imcs a recorded lien against your property. Generally, the maximum time for filling a mechanic's lien against youc on perty is 90 days substantial completion ofyour project. "State law requires anyone who contracts to do Constmatioj wwk to be licensed by the contractors state license board in the license category in which the contractor ia go ug to be woiking-if thc total price of the job ia $300,00 or more (including the labor and materials.) "^^ Licensed centra ,.torj are regulated by laws designed to protect the public. Ifyou contract with someone viho does not have a license, he contractors' Hcense board may not bo able to assist yon with a complaint Your only remedy against an unlic insed contractor may be in civil court, and you may be hable for damages arising out of any injuries to the contra ctoi his employees. You may ccntac I the contractors' state licenses board to find out ifthis contractor has a valid license. The board has complete irfonc iation on the history of licensed contractoi3, including any possible suspensions, revocations, judgments, and ,dtations. The board has ofBces throughout California, Please check the govemment pages of the white pages for t le office nearest you or call 1- 800-321-CSLB for more information. NOTICE: BY H imALING IBE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF Tim . ilATTBRS INCLUDED IN W E 'ARBITRAnON OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARiilTRATION AS PRO"VIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIQHTS YOU 7 aGHr POSSES TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRUL. BY [NmALING IN THE SPACE BELOW YOU ARE GIVING UP! YOUR JUDICIAL RIGHTS TO DISCO"VERY .-VND APEAL, JNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES' PRCIVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THE ?ROVISION, Yl IU MAYBE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE BUSINESS \ND PROFFE: ISIONS CODE OR OTHER APPLICABLE LAWS. YOUR AGREEMENT TO THIS ,\RBrrRATIQN 'RO'VISION IS VOLUNTARY. •VE/I HAVE RE ' ^ AND UNDERSTA>JD THE ABOVE PROVISION AND AGREE TO SUBMIT DISPUTES FUSING OUT OF MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO •>IEUTRAL ^iRB TRATION." :USTOMER INI llAL: ^ CUSTOMER INTITAL: jS^ 3 CA. Construction/Valley Cabinets 93 ;I2 Fair Oate Blvd., Fair Oaks, CA 95628 Ph: 916-962-1206 Fax: 916-962-1640 CAC00004 i Eioos 10/22/20.1.4.07:15 FAX ^..^ * AaronOlsan PAGE5/7 vJ Construction CA Contocton Uxrm ceaures for the materials required under this contract If upon start of work, the^ contractor finds conditions tha will not allow him to continue under this contract CA Construction may at his option present to the Owner/builder "juyer a separate estimate for the extra woric The Owner^uilder/buyer shall have the right to hire other contract* rs to do the work not covered imder this conttact Upon such situations CA Constructions reserves thc right to stop V oik until tiie job site and/or the conditions are brought up to normal conditions to continue his woik under this con :ract Fmthennore. Owner represents that he will relocate clothing personal effects and all pemonal properfy and f I ants to bringing ofthe woik so that the Contractor has fi-ee access to portions ofthe building where work is being :lone. In thc event that the owner fails to relocate any items as provided hereunder, Contiactor may relocate any o;' the owner's properfy as may be required and is not responsible tor damage thereto which may result during proa'ecu .ion of work, U ^ n movement of above items CA Constmction may charge for this work unless suoh movementii are listed are listed in this contract NON-RESPO^ SIBILITY: The Contractor shall not be responsible for any damage occasioned by the Owner/builder or Owners agei L rain, wmdstoim, acts of God, or other causes beyond the control of the Contractor, unless otherwise herein pro'iide I or unless he is obligated by the terms hereof to provide insurance against such hazards, Thc Contractor sha) I not be responsible for the damage to existing walks, curbs, driveways, cesspools, septic tanks, sewer lines, arches, liivnis, trees, clotheslines, personal property, telephone and electrical lines, by the Contractor, or supplier inourrt i in the p^onnance ofthe work The Contractor shall not bc responsible for any loss of wages the owner may inci ir due to providing Contractors access to the woric area/or Owners desire to be present while work is being complete , CANCELLAT] pN: The Owner/builder is given a copy of the 'Federal Rescission notice" attached to this contract. Once tiie «ontJ ,ict ts out of rescission, tiie Contractor will schedule the work and order thc material for the completion of t le contract Ifthis contract is cancelled by the Owner/buildcr/buyer for any reason after the three day recession piaiot , thc Owner/builder/buyer ia responsible ror any cost incuired by CA Constmction, including but not limited to time went labor, materials, loss of profit and any other costs associated with this contract and attomey's fees required to mlly enforce this contract The peimits, plans, reasonable cost for time and effort or any money spent by CA Coiistru :tion to start and finish this contract shall be paid to CA Constmction upon cancellation, m some cases there ma.- be two separate contracts written between CA Construction and the Owner/builder/buyer for different ])r<:>jec n on the same home. Upon such situations if any disputes arisefix>mone contract, it sliall not have any bcaitng ( a tiie other contracts. If Owner/builder/buyer decides to cancel one or all contracts, Owner/builcler/t iiyer shall bo binding by each contract separately and all terms and conditions apply pcr contract PAYMENT: Pa jment must be made on the entire outstanding balance on all contracts upon conqiletion of work to the Foreman of .he installation crew. All checks must be made payable to CA Construction Company, On contracts that CA Constn ;:tion Company or its agents finance, a completion certificate must be signed upon the completion of work. A 10"/-i 0 ]arge will be accessed eveiy 30 days on all outstanding balances unless otherwise specified in tiiis contract Osmer bmlder/buyer agrees to make all payments, progress payments and extra charges upon receiving of bill or im'oicc. COLLECTION: CA Construction shall have the right to stop work and keep tho job idle if paymenta are not made to him when rlue ir as specified in this contract t£ any payments are not made to CA Construction •wiien due, Owner/buildcr/b lyex shall pay to CA Construction an additional charge of 150/, ofthe amoiut ofsuch payment pea- day, in the .?ver I of returned check(s), Owner/builder/buyer shall pay to CA Constmction an additional charge of $35.00 over an* above of any other charges plus bank charges. In the event of non payment as agreed in this contract, contrac :or will stop work as outlined above and Owner/builder/btryer must pay the full contract price before 4 CA- Construction/Valley Cabinets 9 'i32 Fair Oaks B^d., Fair Oaks, CA 95628 Ph: 916-962-1206 Fax: 916-962-1640 CAC00005 ©006 10/22/2014 07:15 FAX PAGE 6/7 c i v r ^ o x - lOSv Aaron oben o Construction CA ConlractDB License «536735 I fl«i,iavj1 BlTT^i^TTlg r r m h r a r ^ ^ f contractor wi] 1 proceed, and Owncr/buildei/buyer shall be responsible for any and all materials left on the premises and /or ariy d. mages to such materials. Within 10 days after execution ofthis contract, CA Construction shall have the right to c incel this contract should it be detemuned that there is any uncertainfy that all payments under this contract will •te made when due and/or if it is detennined by CA Constmction that the job caimot be done in accordance of any laws, regttiations, and/or building codes. Owner/builder/buyer agrees to release CA Construction of any lialtilit •,ts and responsibilities under this contract upon such situations outlined above. Should anylitigation be commencttd b- itween the parties concerning lhis contract, ortiierightsand duties of CA Constmction, Owner Builder shall bo ri»po 'sible for any and all cosb mcluding attomey's fees and court costs and all aibitration or mediation costs. Contractors ar i required by law to be Ucensed and regulated by the Contractors' State license board. Any questions concemini' a c imtractor may be referred to the registrar of tho board whose address is: Contracton St ite License Board, 9835 Goeth Road, Sacramento, CA 95826 v^ ^ CA. Construction/Valley Cabmets 9 132 Fan Oaks Blvd., Fair Oaks, CA 95628 Ph: 916-962-1206 Fax: 916-962-1640 CAC00006 121007 1 0 / 2 2 / 2 0 1 4 0 7 : 1 6 FAX PAGE 7/7 V • \ ^ ^ r \ j ^ - IO- - Aaron Olsen o Construction CA CorfrsctoH License «536735 Geaazal BuiUii^ Cantractpv Notice of right to cancel Notice of cancellation Enter date of transaction You may cau' lel this transaction, without any penalfy or obligation, within three business daysfromthe above date. Ifyou cancel, imy properfy traded in, any payments made by you imder the contract or sale, and any negotiable instmment e» cuted by you will be returned within ten days following the receipt by the seller ofyour cancellation n itice, and any securify interest arising out oftiie transaction will be canceled. Ifyou cancel i :>u must make available at your residence, in substantially as good condition as when received, any goods deh i/ered to you under this contract or sale, or you may ifyou -wish, comply "with the instructions of the seller regaj i ling the retum shipment of goods at the seller's expense and risk. "^—^ Ifyou do maki i the goods available to the seller and the seUer does not pick them up within twenty days ofthe date ofyour nt dee of cancellation, you may retain or dispose ofthe goods without further obligation. Ifyou fail to n iike the goods available to the seller, or ifyou agree to retum the goods to the seller aud fail to do so, then you re -aain liable for the performance of all obligations under the contract. To cancel lhis - ransaction, mail or deliver a signed and dated copy ofthis cancellation notice, or any other written notice, ;r send a telegram to: CA Construction, At: 9332 Fair Oaks Blvd., Fair Oaks, CA 95628 No laler than n .idnight following the third business day ofthe date ofthis transaction. I hereby cancel his transaction (Date) (Buyer's signature) CA. Construction/Valley Cabinets 9:132 Fair Oaks Blvd., Fair Oaks, CA 9S628 Ph: 916-962-1206 Fax: 916-962-1640 CAC00007 Timesheet Printed on 03/25/2009 Name- Abbott, Robert Rolling Green Way JS 32 Install Cabinets Hourly Rate Contracting-Indianapol IS Radisson Cabinets Totals ;oo 0.00 IOO 0 00 0 00 0 00 0 00 16 00 o Signature 1-^ Timesheet Pnnted on 03/25/2009 Name. Atchison, Peter L Oct 10 to Oct 16, 2005 Service Item Payroll Item Notes M Tu W Th Sa Su Total Bill* 29 Supervision Hourly Rate ;oo iOO ;oo Rolling Green Way CA Contracting 29 Supervision Hourly Rate 100 3 00 11 00 Totals IOO !.00 3 00 IOO ;oo 0 00 0 00 35 00 7\ Signature Timesheet Pnnted on 03/25/2009 Name. Atchison, Peter L Oct 17 to Oct 23, 2005 Service Item Payroll Item Notes M Tu W Th Sa Su Total Bill* 29 Supervision Hourly Rate IOO 3 00 ;oo 6 00 00 CA Contracting 29 Supervision Hourly Rate 2 00 2 00 B Tilton Pacific 29 Supervision Hourly Rate 5 00 5 00 B Construction Co Fairfield Safeway • TPC0507 Totals !00 8 00 8.00 !00 100 0 00 0 00 33 00 Signature OS Timesheet Pnnted on 03/25/2009 Name Azcarate, Martin Oct 10 to Oct 16, 2005 Customer Job Service Item Payroll Item Notes M Tu W Th Sa Su Total Bill* 04 Concrete Hourly Rate 3 00 6 00 7 00 Rolling Green Way > Totals 0 00 3 00 6 00 7 00 0 00 0 00 0 00 16 00 -5 Signature 5\ Timesheet Pnnted on 03/25/2009 Name Azcarate, Martin Oct 17 to Oct 23, 2005 Customer Job Service Item Payroll Item Notes M Tu W Th Sa Su Total Bill* 04 Concrete Hourly Rate ;oo 5 50 6 50 Rolling Green Way Totals 100 0 00 0 00 5 50 6 50 0 00 0 00 20 00 Signature -a Timesheet Pnnted on 03/25/2009 Name Fisilau, Kamipeli Oct 10 to Oct 16, 2005 Customer.Job Service Item Payroll Item Notes M Tu W Th Sa Su Total Bill* 04 Concrete Hourly Rate 3 00 5 00 7 00 Rolling Green Way Hammond, Vincent & 04 Concrete Hourly Rate 5 00 5 00 Jennifer 3981 2nd Ave Totals 100 5 00 0 00 0.00 7 00 0 00 0 00 20 00 Signature as Timesheet Printed on 03/25/2009 Name Fisilau, Kamipeli Oct 17 to Oct 23, 2005 Customer Job Service Item Payroll Item Notes M Tu W Th Sa Su Total Bill* 04 Concrete Hourly Rate 100 100 6 50 6 50 Rolling Green Way Tilton Pacific 04 Concrete Hourly Rate 5 00 5 00 Construction Co Safeway #1127- Trash Enclosure Totals 8 00 5 00 100 6 50 6 50 0 00 0 00 34 00 Signature Timesheet Printed on 03/25/2009 Name Hamilton, John T. Oct 10 to Oct 16, 2005 Customer Job Service Item Payroll Item Notes M Tu W Th Sa Su Total Bill* 04 Concrete Hourly Rate 3 00 5 00 100 mine 8601 Rolling Green Way Tilton Pacific 04 Concrete Hourly Rate 4 00 4 00 Construction Co Safeway #1127- Trash Enclosure Totals 4 00 3 00 0 00 5 00 0 00 0 00 ;oo 20 00 Signature Timesheet Printed on 03/25/2009 Name- Hamilton, John T. Oct 17 to Oct 23, 2005 Customer Job Service Item Payroll Item Notes M Tu W Th Sa Su Total Bill* 04 Concrete Hourly Rate 100 100 6 50 :00 Rolling Green Way Tilton Pacific 04 Concrete Hourly Rate 5 00 5 00 Construction Co Safeway #1127- Trash Enclosure Totals 100 5 00 100 6 50 100 0 00 0 00 35 50 Signature -J Servinq c 4 ^ CONTRACTORS STATE LICENSE BOARD 9821 Business Park Drive, Sacramento, California 95627 STATE OF CALIFORNIA Mailmg Address. P O Box 26000, Sacramento, CA 95826 ARNOLD SCHWARZENEGGER, Governor 800-321-CSLB (2752) www cslb ca gov I HEREBY CERTIFY that I am duly a u ^ p ^ ^ m y the Registrar of Contractors, the officer in charge of the records of the Gontractor^^tat^KcMse Board, to certify to copies of documents on file in the office of said Board, ^ ^ g t h a ^ h e a t t ^ j e d docSctaents were prepared by and in this office from the records on f i l e , ^ ' ^ ^ ^ t r ^ ^ n d comect copi:^^f4the onginal documents or copies on file in the records of said^Mard ^w\ S l#f^#;^5-v WITNESS OF MY HAND and the seal of said Board, this 13tn day of October, 2010 Bv^x .M^/K^Jj. f-atoait \Lrrcustodian of Records SUSAN STIREWAC HY/13M-9(rev4/05) PROOF OF SERVICE BY FAX AND MAIL CASENAME: Abbottv Britschgi CASE NUMBER- Sacramento County Superior Court 07AS04450 1 declare that 1 am a citizen of the United States and a resident of the County of Sacramento I am, and at all times mentioned herein was, an active member of the State Bar of Callfomia and not a party to the above-entitled cause. My business address is 1007 Seventh Street, Suite 500, Sacramento, California 95814 On January 10,2011, pursuant to CCP §1013A(2), 1 served the following: PLAINTIFFS' SUPPLEMENTAL MOTION IN LIMINE 2 TO BIFURCATE THE ISSUE OF CA CONSTRUCTION'S B&P CODE VIOLATIONS; DECLARATION OF STEPHANIE J. FINELLI BY FAX. by faxing a copy of said document to the following- Gregory Federico Archer Norris 301 University Ave., Suite 110 Sacramento, CA 95825 via fax only 916-646-5696 Richard Sopp Maloney, Wheatiey, Sopp & Brooks 1004 Moon River Rock Drive, Suite 245 Folsom, CA 95630 via fax only 916-988-5296 Richard W Freeman, Jr Wood, Smith, Henning & Berman 1401 Willow Pass Road, Suite 700 Concord, CA 94520-7982 via fax only 925-356-8250 BY MAIL, by depositing a copy of said document in the United States mail in Sacramento, California, in a sealed envelope, with postage ftilly prepaid, addressed as follows: Mark Smith 8549 Willow Valley Place Granite Bay, CA 95746 1 declare under penalty ofperjury under the laws ofthe State ofCalifomia the foregoing is true and correct DATED. January 10,2011 Stephanie