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1 CRAIG N. LUNDGREN - State Bar No. 148842
RACHEL T. ANDERSON - State Bar No. 266505
2 LUNDGREN & REYNOLDS, LLP LED/EN3CRS
424 2nd Street, Suite A
3 Davis, CA 95616
(530) 297-5030 (Voice) FEB 1 6 2010
4 (530) 297-5077 (Facsimile)
5
Attorneys for defendant, cross-complainant
6 and cross-defendant
RONALD PAUL BRITSCHGI,
7 individually and dba BRITSCHGI CONSTRUCTION
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. NOTICE OF MOTION AND
13 MOTION TO DETERMINE GOOD
RONALD PAUL BRITSCHGI et al., FAITH OF SETTLEMENT
14
Defendants. DATE: March 16,2010
15 TIME: 2:00 p.m.
DEPT: 53
16 AND RELATED CROSS-ACTIONS.
17
18 TO EACH PARTY AND TO THE COUNSEL OF RECORD FOR EACHTARTY:
19 YOU ARE HEREBY NOTIFIED THAT on March 16, 2010 at 2:00 p.m., or as soon
20 thereafter as the matter may be heard, in Department 53 of this Court, located at 800 9th
21 Street, Sacramento, California 95814, defendant RONALD PAUL BRITSCHGI dba
22 BRITSCHGI CONSTRUCTION (hereafter, "BRITSCHGI") will move pursuant to Code of
23 Civil Procedure §877.6 for a determination of the good faith of the settlement between
24 plaintiffs RODNEY ABBOTT and FLORENTINE ABBOTT (hereafter "ABBOTTS") and
25 BRITSCHGI.
26 This motion will be made on the ground that such settlement was entered into in good
27 faith within the meaning of Code of Civil Procedure §877.6, in that the settlement reached by
28 the ABBOTTS and BRITSCHGI is a reasonable approximation of BRITSCHGI's
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BRITSCHGI'S NOTICE OF MOTION TO DETERMINE GOOD FAITH OF SETTLEMENT
1 proportionate share of liability for the ABBOTTS' actual damages, and is reasonable given
2 BRITSCHGI's financial condition.
3 The parties to this action are: (a) Plaintiffs RODNEY ABBOTT and
4 FLORENTINE ABBOTT; (b) Defendant RONALD PAUL BRITSCHGI, individually and
5 dba BRITSCHGI CONSTRUCTION; (c) RICHARD KIRK RUYBALID, individually and
6 dba CA CONSTRUCTION; (d) MARK SMITH, individually and dba
7 GROUNDBREAKERS; (e) CONSTRUCTION TESTING AND ENGINEERING, INC.; and
8 (f) DOES 3 THROUGH 20, INCLUSIVE.
9 The portions of the pleadings affected by the settlement are: (a) First Cause of Action
10 (Breach of Oral Contract Against Defendant Britschgi) (Second Amended Complaint, pp. 3-
11 5); (b) Second Cause of Action (Negligence as to Defendant Britschgi) (Second Amended
12 Complaint, pp. 5-6); and (c) Third Cause of Action (Violation of Business & Professions
13 Code Against Defendant Britschgi) (Second Amended Complaint, p. 7).
14 BRITSCHGI also requests dismissal of the following portions of the pleadings: (a)
15 First Cause of Action (Breach of Oral Contract Against Defendant Britschgi) (Second
16 Amended Complaint, pp. 3-5); (b) Second Cause of Action (Negligence as to Defendant
17 Britschgi) (Second Amended Complaint, pp. 5-6); and (c) Third Cause of Action (Violation
18 of Business & Professions Code Against Defendant Britschgi) (Second Amended Complaint,
19 P- 7).
20 The motion will be based upon this notice; the memorandum in support,
21 accompanying exhibits, and declarations of RONALD BRITSCHGI and CRAIG N.
22 LUNDGREN; the files and records in this action; and any further evidence and argument that
23 the Court may receive at or before the hearing.
24 DATED: February J>^, 2010 LUNDGREN & REYNOLDS, LLP
TC
^^\ [ U'
By ^—) Y"N(A
26 CRAIG/N/LUNDGREN
Attorneys for defendant, cross-
27 complainant, and cross-defendant
RONALD PAUL BRITSCHGI,
28 individually and dba BRITSCHGI
CONSTRUCTION
2
BRITSCHGPS NOTICE OF MOTION TO DETERMINE GOOD FAITH OF SETTLEMENT
1 Rodney Abbott, etal. V. Ronald Paul Bntschgl, etal.
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
BRITSCHGPS NOTICE OF MOTION AND MOTION TO DETERMINE
7 GOOD FAITH OF SETTLEMENT
8 IXI 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
D By Federal Express Mail to the person and at the address set forth below.
13
D By transmitting a true copy by facsimile toi 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 Mark Alan Smith Defendant
Groundbreakers
25 549 Willow Valley Place
Granite Bay, CA 95746
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PROOF OF SERVICE
1 I declare under penalty of perjury under the laws of the State of California that the
2 foregoing is true and correct. Executed on February 10, 2010, at Davis, California.
3
"SHAULA PATCHETT
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I \craig's client files\bntschgi (abbott v)\pleadmgs\pser doc 2
PROOF OF SERVICE
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1 CRAIG N. LUNDGREN - State Bar No. 148842 RACHEL T. ANDERSON - State Bar No. 266505 2 LUNDGREN & REYNOLDS, LLP LED/EN3CRS 424 2nd Street, Suite A 3 Davis, CA 95616 (530) 297-5030 (Voice) FEB 1 6 2010 4 (530) 297-5077 (Facsimile) 5 Attorneys for defendant, cross-complainant 6 and cross-defendant RONALD PAUL BRITSCHGI, 7 individually and dba BRITSCHGI CONSTRUCTION 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. NOTICE OF MOTION AND 13 MOTION TO DETERMINE GOOD RONALD PAUL BRITSCHGI et al., FAITH OF SETTLEMENT 14 Defendants. DATE: March 16,2010 15 TIME: 2:00 p.m. DEPT: 53 16 AND RELATED CROSS-ACTIONS. 17 18 TO EACH PARTY AND TO THE COUNSEL OF RECORD FOR EACHTARTY: 19 YOU ARE HEREBY NOTIFIED THAT on March 16, 2010 at 2:00 p.m., or as soon 20 thereafter as the matter may be heard, in Department 53 of this Court, located at 800 9th 21 Street, Sacramento, California 95814, defendant RONALD PAUL BRITSCHGI dba 22 BRITSCHGI CONSTRUCTION (hereafter, "BRITSCHGI") will move pursuant to Code of 23 Civil Procedure §877.6 for a determination of the good faith of the settlement between 24 plaintiffs RODNEY ABBOTT and FLORENTINE ABBOTT (hereafter "ABBOTTS") and 25 BRITSCHGI. 26 This motion will be made on the ground that such settlement was entered into in good 27 faith within the meaning of Code of Civil Procedure §877.6, in that the settlement reached by 28 the ABBOTTS and BRITSCHGI is a reasonable approximation of BRITSCHGI's 1 BRITSCHGI'S NOTICE OF MOTION TO DETERMINE GOOD FAITH OF SETTLEMENT 1 proportionate share of liability for the ABBOTTS' actual damages, and is reasonable given 2 BRITSCHGI's financial condition. 3 The parties to this action are: (a) Plaintiffs RODNEY ABBOTT and 4 FLORENTINE ABBOTT; (b) Defendant RONALD PAUL BRITSCHGI, individually and 5 dba BRITSCHGI CONSTRUCTION; (c) RICHARD KIRK RUYBALID, individually and 6 dba CA CONSTRUCTION; (d) MARK SMITH, individually and dba 7 GROUNDBREAKERS; (e) CONSTRUCTION TESTING AND ENGINEERING, INC.; and 8 (f) DOES 3 THROUGH 20, INCLUSIVE. 9 The portions of the pleadings affected by the settlement are: (a) First Cause of Action 10 (Breach of Oral Contract Against Defendant Britschgi) (Second Amended Complaint, pp. 3- 11 5); (b) Second Cause of Action (Negligence as to Defendant Britschgi) (Second Amended 12 Complaint, pp. 5-6); and (c) Third Cause of Action (Violation of Business & Professions 13 Code Against Defendant Britschgi) (Second Amended Complaint, p. 7). 14 BRITSCHGI also requests dismissal of the following portions of the pleadings: (a) 15 First Cause of Action (Breach of Oral Contract Against Defendant Britschgi) (Second 16 Amended Complaint, pp. 3-5); (b) Second Cause of Action (Negligence as to Defendant 17 Britschgi) (Second Amended Complaint, pp. 5-6); and (c) Third Cause of Action (Violation 18 of Business & Professions Code Against Defendant Britschgi) (Second Amended Complaint, 19 P- 7). 20 The motion will be based upon this notice; the memorandum in support, 21 accompanying exhibits, and declarations of RONALD BRITSCHGI and CRAIG N. 22 LUNDGREN; the files and records in this action; and any further evidence and argument that 23 the Court may receive at or before the hearing. 24 DATED: February J>^, 2010 LUNDGREN & REYNOLDS, LLP TC ^^\ [ U' By ^—) Y"N(A 26 CRAIG/N/LUNDGREN Attorneys for defendant, cross- 27 complainant, and cross-defendant RONALD PAUL BRITSCHGI, 28 individually and dba BRITSCHGI CONSTRUCTION 2 BRITSCHGPS NOTICE OF MOTION TO DETERMINE GOOD FAITH OF SETTLEMENT 1 Rodney Abbott, etal. V. Ronald Paul Bntschgl, etal. 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 BRITSCHGPS NOTICE OF MOTION AND MOTION TO DETERMINE 7 GOOD FAITH OF SETTLEMENT 8 IXI 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 D By Federal Express Mail to the person and at the address set forth below. 13 D By transmitting a true copy by facsimile toi 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 Mark Alan Smith Defendant Groundbreakers 25 549 Willow Valley Place Granite Bay, CA 95746 26 27 28 I \craig's client files\bntschgi (abbott v)\pleadmgs\pser doc 1 PROOF OF SERVICE 1 I declare under penalty of perjury under the laws of the State of California that the 2 foregoing is true and correct. Executed on February 10, 2010, at Davis, California. 3 "SHAULA PATCHETT 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I \craig's client files\bntschgi (abbott v)\pleadmgs\pser doc 2 PROOF OF SERVICE