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

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                                1   Todd A. Jones (Bar No. 198024)
      tjones(^archemorris.com
 2    Gregory K. Federico (Bar No. 242184)
      gfederico@archemorris.com
 3    ARCHER NORRIS
      A Professional Law Corporation
 4    301 University Avenue, Suite 110
      Sacramento, Califomia 95825-5537
 5    Telephone: 916.646.2480
      Facsimile:     916.646.5696
 6
      Attomeys for Defendants
 7    RICHARD KIRK RUYBALID, individually, and
      dba CA CONSTRUCTION .
 8
 9                                     SUPERIOR COURT OF CALIFORNIA
10                                       COUNTY OF SACRAMENTO
11
12    RODNEY ABBOIT and FLORENTINE                     CaseNo. G7AS04450
      ABBOTT,
13                                                     DEFENDANT CA CONSTRUCTION'S
                         Plaintiffs,                   NOTICE OF MOTION AND MOTION
14                                                     FOR AN ORDER COMPELLING
                                                       PLAINTIFFS FLORENTINE AND
15                                                     RODNEY ABBOTT TO OBTAIN A BOND
      RONALD PAUL BRITSCHGI, et al.                    ON APPEAL
16
                         Defendants.                   Action Filed: September 24, 2007
17
                                                       Date:          August 12, 2011
18                                                     Time:          9:00 a.m.
                                                       Dept:          43                                   -23
19                                                     Judge:         Honorable Brian Van Camp
20
21    AND ALL RELATED CROSS-ACTIONS.
22
23             TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
24             PLEASE TAKE NOTICE that on August 12,2011 at 9:00 a.m., or as soon thereafter as
25    the matter can be heard in Department 43 of the above-entitled court, located at 720 Ninth Street,
26    Sacramento, Califomia, Defendant RICHARD KIRK RUYBALID, individually and dba CA
27.   CONSTRUCTION (hereinafter "CA CONSTRUCTION") will move and does hereby move this
28    court for an Order Compelling Plaintiffs FLORENTINE and RODNEY ABBOTT (hereinafter
      N1C341/1188889-1

       NOTICE OF MOTION AND MOTION FOR AN ORDER COMPELLING PLAINTIFFS TO OD I AIN A BOND
 1   "Plaintiffs") to Obtain a Bond in connection with their appeal cun-ently pending before the Court
 2   of Appeal of the State of Califomia, in and for the Third Appellate District (Appellate Case No'
 3   C067866).
 4            This motion is made pursuant to Code of Civil Procedure §917.9 and applicable
 5   Califomia case law. This motion is also based on Code of Civil Procedure §§ 1032 and 1033.5,
 6   Cm7 Code § 1717, Califorma Rules of Court, Rule 3.1702, this Notice of Motion, Request for
 7   Judicial Notice, Memorandum of Points anc' Authorities, the accompanying Declaration of
 8   Gregory K. Federico, and upon such other oral and/or documentary evidence as may be adduced
 9   at the hearing on this motion.
10            Pursuant to Local Rule 3.04, the court will make a tentative mling on the me-its of this
11   matter by 2:00 p.m., the court day before the hearing. You may access and download the court's
12   ruling from the court's website at http://wv\rw.saccourt.ca.gov. If you do not have online access,
13   you may obtain the tentative mling over the telephone by calling (916) 874-8142 and a deputy
14   clerk will read the mling to you. If you wish to request oral argument, you must contact the
15   courtroom clerk at (916) 874-7561 (Department 43) and the opposing party before 4:00 p.m. the

16   court day before the hearing. If you do not call the court and the opposing party by 4:00 p.m. on

17   the court day before the hearing, no hearing v«ll be held.

18   Dated: July 15, 2011                               ARCHER NORRIS

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20                                                             try
                                                        Gregory K. Federico
21                                                      Attomeys for Defendant
                                                        RICHARD KIRIC RUYBALID, individually
22                                                      and dba CA CONSTRUCTION
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     N1C341/II88S89-I

      NOTICE OF MOTION AND MOTION FOR AN • )RDER COMPELLING PLAINTIFFS TO OBTAIN A BOND