Preview
1 STEPHANIE J, FINELLI, SEN 173462
Law Office of Stephanie J. Finelli , FfLEOU,,\
2 1007-7th Street, Suite 500 •- l&^merior Court Of
Sacramento, CA 95814
3 tel 916-443-2144
fax 916-443-1511 07/30/2009
4
Attorney for Plaintiffs, By , Deputy
5 RODNEY and FLORENTINE ABBOTT
Case Mumbur:
6
7
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
8
IN AND FOR THE COUNTY OF SACRAMENTO
9
10
RODNEY ABBOTT and FLORENTINE CaseNo.:07AS04450
11
ABBOTT,
EXHIBIT A TO FIRST AMENDED
12 COMPLAINT
Plaintiffs,
13
vs.
14
RONALD PAUL BRITSCHGI, et. al.,
15
Defendants
16
17
and related cross-actions
18
19
Attached hereto is "Exhibit A" to the First Amended Complaint that was filed on July 23,
20
2009. Plaintiffs neglected to attach the Exhibit to the First Amended Complaint. This document
21
is incorporated by reference into that First Amended Complaint as Exhibit A thereto.
u^.//..
22
23
Dated: July 30, 2009 By:
24 Stephanie J. Finelli,
Attorney for Plaintiffs
25
26
27
28
Exhibit A to First Amended Complaint - 1
10/24/2005 11-57 916-962-1640 Aaron Olsen PAGE 2/7
Construction CA Contractors License #536735
Gfineial Bufliing Contractor
Proposal
10/24/05
Submitted To: Owner/Builder To Be Performed At:
Rodney & Florentine Abbott 8601 Rolling Green Way
3341 Corvina Dr Fair Oaks, Ca 95628
Rancho Cordova, Ca 95670
851-9707 C Flans dated: u/k
851-9708 F
Project: Foundation
Scope of Work: Excavate, form, place and finish concrete for new home and garage as per plans and
specifications.
Builder or builders agent shall specify previous to excavation and verify previous to pour, location and elevation
of finished floor, garage slab and piers. Builders certification and approval shall be in writing.
Any structural or layout changes shall be documented inspected and approved. CA Construction shall supply and
locate all hold-down anchors with general contractor.
Exclusions: Everything not included herein, included but not limited to: Driveway and apron. Porches, patios,
walkways, stoops. Grading or removal of dirt from site.
Total labor and material Time & Material + 25% (Not to exceed $53,000)
Schedule of payments:$ 15,000 upon request of footing inspection. Balance upon completion of job.
Any unpaid debts shall be subject to penalties including all legal fees, collection costs, and interest
charges in the amount of l/365th of 18% compounded daily commencing the due date enacted retroactive at 30
days delinquency. All invoices are due within 24 hours upon receipt or as allowed for in "Schedule of payments"
if so included in this contract, and shall be payable at contractors place of business by 5:00 PM PST of the day
following the receipt of invoice. Failure to pay as agreed shall constitute a breech of contract at which time
contractor shall cease work until the dispute is remedied.
Schedule of work: Contractor shall commence and perform the work in a timely manor. Work to commence
within 3 working days of receipt of contract. Project shall reach substantial completion within 15 days of
commencement. Contractor shall not be responsible for delays due to conditions out of our direct control
including but not limited to: change orders, building inspections, strikes, weather and unavailability of materials.
Notice: Failure to commence work within 20 days of the approximate date specified is a violation of the
; State License Law.
I
CA. Construction/Valley Cabinets
9332 Fair Oaks Blvd., Fair Oaks, CA 95628 Ph: 916-962-1206 Fax: 916-962-1640
916-962-1640 Aaron Olsen PAGE 3/7
Construction CA Contractors License #536735
General BuiMing Contractor
Responsibility of owner/builder. Cost of permits and any local, state or Federal taxes and fees. It is the
responsibility of the owner/builder to provide protection from loss due to, Fire, theft, vandalism and any natural
disasters. The occurrence of loss does not relieve the buyer of any financial obligation to contractor for work
completed or materials delivered to job.
Work by others: Contractor shall not be responsible for any work performed by other than its employees or
agents.
We propose to perform all the labor and supply all the equipment necessary for the completion of the
above named project as described herein for the total sum stated herein. Any unforeseen costs due to
inaccessibility during inspection or additional work requests shall be in writing and will be billed as extras which
are due and payable upon their completion.
This quote shall be valid for 30 days and may be withdrawn without notice at any time before acceptance.
I accept responsibility for payment of the work per above schedule. In the event that it becomes necessary to
affect any type of collection proceedings, I/we hereby agree to reimburse CA Construction attorney fees and
court costs resulting from such action.
I have received the required "Notice of right to cancel" and "Notices Required By
(initial) Law" with this contract
Owner/builder Date:
Date:
Contractor Date
cr
Richard Ruybalid, DBA CA Construction
CA. Construction/Valley Cabinets
9332 Fair Oaks Blvd., Fair Oaks, CA 95628 Ph: 916-962-1206 Fax: 916-962-1640
ABB-0547
10/24/2005 11:57 916-962-1640 Aaron Oben PAGE 4/7
Construction CA con^i0a L^™ #535735
Gensjul Building CanlractDr
Notices Required By Law
Please Read Carefully
NOTICE TO OWNER/BUILDER: Under the Mechanics' Lien Law any contractor, subcontractor, laborer, supplier,
or other person who helps to improve property and is not paid his labor, services or material, has the right to enforce
his claim against your property and to sue you in court to obtain payment. This means that after a court hearing, your
home, land, and property could be sold by a court officer and the proceeds of the sale used to satisfy what you owe.
This can happen even if you have paid your contractor in full if the contractor's subcontractors, laborers, or suppliers
remain unpaid. To preserve their rights to file a claim or lien against your property, certain claimants such as
subcontractors or material suppliers are each required to provide you with a document called "preliminary notice."
Contractors and laborers who contract with owners directly do not have to provide such notice since you are aware of
their existence as an owner. A preliminary notice is not a lien against your property. Its purpose is to notify you of
persons or entities 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 county recorder,
which then becomes a recorded lien against your property. Generally, the maximum time for filling a mechanic's lien
against your property is 90 days substantial completion of your project. "State law requires anyone who contracts to
do Construction work to be licensed by the contractors state license board in the license category in which the
contractor is going to be working-if the total price of the job is $500.00 or more (including the labor and materials.)
f
Licensed contractors are regulated by laws designed to protect the public. If you contract with someone who does not
have a license, the contractors' license board may not be able to assist you with a complaint Your only remedy
against an unlicensed contractor may be in civil court, and you may be liable for damages arising out of any injuries
to the contractor his employees.
You may contact the contractors' state licenses board to find out if this contractor has a valid license. The board has
complete information on the history of licensed contractors, including any possible suspensions, revocations,
judgments, and citations. The board has offices throughout California. Please check the government pages of the
white pages for the office nearest you or call 1- 800-321-CSLB for more information.
NOTICE: BY INITIALING THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING
OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY
NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY
RIGHTS YOU MIGHT POSSES TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY
INITIALING IN THE SPACE BELOW YOU ARE GIVING UPI YOUR JUDICIAL RIGHTS TO DISCOVERY
AND APEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF
DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THE
PROVISION, YOU MAYBE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE BUSINESS
AND PROFFESSIONS CODE OR OTHER APPLICABLE LAWS. YOUR AGREEMENT TO THIS
ARBITRATION PROVISION IS VOLUNTARY.
WE/I HAVE READ AND UNDERSTAND THE ABOVE PROVISION AMD AGREE TO SUBMIT DISPUTES
ARISING GUT OF MA1TERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO
NEUTRAL ARBITRATION."
CUSTOMER INITIAL: Jft CUSTOMER INITIAL:
3
CA Construction/Valley Cabinets
9332 Fair Oaks Blvd., Fair Oaks, CA 95628 Ph: 916-962-1206 Fax: 916-962-1640
ABB-0548
10/25/2005 0901 916-962-1640 Aaron Olsen PAGE 5/7
CA Contractors License #536735
Gensnl Buildup Contractor
LIEN RELEASE: Upon satisfactory payment being made for any portion of the work performed, the contractor shall,
prior to any further payment being made, famish to the person contracting for the home improvement a full and
unconditional release from any claim or mechanic's lien pursuant to section 3114 of the civil code for that portion of
the work for which the payment bas been made.
OWNER/BUILDER RESPONSIBILITY: Unless otherwise specified, the Contractor price is based upon the
Owner/builder's representation that there are no conditions preventing Contractor from proceeding with the usual
installation procedures for the materials required under this contract If upon start of work, the contractor finds
conditions that will not allow him to continue under this contract CA Construction may at his option present to the
Owner/builder/buyer a separate estimate for the extra work. The Owner/builder/buyer shall have the right to hire
other contractors to do the work not covered under this contract Upon such situations CA Constructions reserves the
right to stop work until the job site and/or the conditions are brought up to normal conditions to continue his work
under this contract Furthermore. Owner represents that he will relocate clothing, personal effects and all personal
property and plants to bringing of the work so that the Contractor has free access to portions of the building where
work is being done. In the event that the owner fails to relocate any items as provided hereunder, Contractor may
relocate any of the owner's property as may be required and is not responsible for damage thereto which may result
during prosecution of work. Upon movement of above items CA Construction may charge for this work unless such
movements are listed are listed in this contract.
NON-RESPONSIBILITY: The Contractor shall not be responsible for any damage occasioned by the Owner/builder
or Owners agent, ram, windstorm, acts of God, or other causes beyond the control of the Contractor, unless otherwise
herein provided or unless he is obligated by the terms hereof to provide insurance against such hazards. The
Contractor shall not be responsible for the damage to existing walks, curbs, driveways, cesspools, septic tanks, sewer
lines, arches, lawns, trees, clotheslines, personal property, telephone and electrical lines, by the Contractor, or
supplier incurred in the perfbmiance of the work. The Contractor shall not be responsible for any loss of wages the
owner may incur due to providing Contractors access to the work area/or Owners desire to be present while work is
being completed.
CANCELLATION: The Owner/builder is given a copy of the "Federal Rescission notice" attached to this contract.
Once the contract is out of rescission, tine Contractor will schedule the work and order the material for the
completion of the contract. If this contract is cancelled by the Owner/builder/buyer for any reason after the three day
recession period, the Owner/builder/buyer is responsible for any cost incurred by CA Construction, including but not
limited to time spent, labor, materials, loss of profit and any other costs associated with this contract and attorney's
fees required to fully enforce this contract. The permits, plans, reasonable cost for time and effort or any money spent
by CA Construction to start and finish this contract shall be paid to CA Construction upon cancellation. In some
cases there may be two separate contracts written between CA Construction and the Owner/builder/buyer for
different projects on the same home. Upon such situations if any disputes arise from one contract, it shall not have
any bearing on the other contracts. If Owner/builder/buyer decides to cancel one or all contracts,
Owner/builder/buyer shall be binding by each contract separately and all terms and conditions apply per contract
PAYMENT: Payment must be made on the entire outstanding balance on all contracts upon completion of work to
the Foreman of the installation crew. All checks must be made payable to CA Construction Company. On contracts
that CA Construction Company or its agents finance, a completion certificate must be signed upon the completion of
work. A 10% charge will be accessed every 30 days on afl outstanding balances unless otherwise specified in this
contract. Owner/builder/buyer agrees to make all payments, progress payments and extra charges upon receiving of
bill or invoice.
COLLECTION: CA Construction shall have the right to stop work and keep the job idle if payments are not made to
him when due or as specified in this contract If any payments are not made to CA Construction when due,
Owner/builder/buyer shall pay to CA Construction an additional charge of ISO/, of the amount of such payment per
day. In the event of returned check(s), Owner/builder/buyer shall pay to CA Construction an additional charge of
$35.00 over and above of any other charges plus bank charges. In the event of non payment as agreed in this
contract, contractor will stop work as outlined above and Owner/builder/buyer must pay the full contract price before
4
CA. Construction/Valley Cabinets
9332 Fair Oaks Blvd., Fair Oaks, CA 95628 Ph: 916-962-1206 Fax: 916-962-1640
ABB-0549
10/25/2005 0901 916-962-1640 Aaron Olsen PAGE 6/7
Construction CA Contractor: License #536715
General Building Cantiactar
contractor will proceed, and Owner/builder/buyer shall be responsible for any and all materials left on the premises
and /or any damages to such materials. Within 10 days after execution of this contract, CA Construction shall have
the right to cancel this contract should it be determined that there is any uncertainty that all payments under this
contract will be made when due and/or if it is determined by CA Construction that the job cannot be done in
accordance of any laws, regulations, and/or building codes. Owner/builder/buyer agrees to release CA Construction
of any liabilities and responsibilities under this contract upon such situations outlined above. Should any litigation be
commenced between the parties concerning this contract, or the rights and duties of CA Construction, Owner Builder
shall be responsible for any and all costs including attorney's fees and court costs and all arbitration or mediation
costs.
Contractors are required by law to be licensed and regulated by the Contractors' State license board. Any questions
concerning a contractor may be referred to the registrar of the board whose address is:
Contractors State License Board, 9835 Goeth Road, Sacramento, CA 95826
CA. Construction/Valley Cabinets
9332 Fair Oaks Blvd., Fair Oaks, CA 95628 Ph: 916-962-1206 Fax: 916-962-1640
ABB-0550
10/25/2005 09:01 916-962-1640 Aaron Olsen PAGE 7/7
Construction CA Conlracfon License #536735
General Building Contractor
Notice of right to cancel
Notice of cancellation
Enter date of transaction
You may cancel this transaction, without any penalty or obligation, within three business days from the above
date.
If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable
instrument executed by you will be returned within ten days following the receipt by the seller of your
cancellation notice, and any security interest arising out of the transaction will be canceled.
If you cancel you must make available at your residence, in substantially as good condition as when received,
any goods delivered to you under this contract or sale, or you may if you wish, comply with the instructions of
the seller regarding the return shipment of goods at the seller's expense and risk.
If you do make the goods available to the seller and the seller does not pick them up within twenty days of the
date of your notice of cancellation, you may retain or dispose of the goods without further obligation.
If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do
so, then you remain liable for the performance of all obligations under the contract
To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice, or any other
written notice, or send a telegram to: CA Construction, At: 9332 Fair Oaks Blvd., Fair Oaks, CA 95628
No later than midnight following the third business day of the date of this transaction.
I hereby cancel this transaction
(Date)
(Buyer's signature)
CA. Construction/Valley Cabinets
9332 Fair Oaks Blvd., Fair Oaks, CA 95628 Ph: 916-962-1206 Fax: 916-962-1640
ARR-0551
PROOF OF SERVICE BY MAIL
CASE NAME: Abbott v. Britschgi
CASE NUMBER: Sacramento County Superior Court 07AS04450
I declare that:
I 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 California and
not a party to the above-entitled cause. My business address is 1007 Seventh Street, Suite
500, Sacramento, California 95814.
On July 30, 2009, pursuant to CCP §1013A(2), I served the following:
EXHIBIT A TO FIRST AMENDED COMPLAINT
BY MAIL: by depositing a copy of said document in the United States mail in Sacramento,
California, in a sealed envelope, with postage fully prepaid, addressed as follows:
Craig Lundgren
424 2nd Street, Suite A
Davis, CA 95616
Gregory Federico
Archer Norris
655 University Ave., Suite 225
Sacramento, CA 95825
Richard Sopp
Maloney, Wheatley, Sopp & Brooks
1004 Moon River Rock Drive, Suite 245
Folsom, CA 95630
I declare under penalty of perjury under the laws of the State of California the
foregoing is true and correct.
DATED: July 30,2009
^ Stephanie J. Finelli
Preview
1 STEPHANIE J, FINELLI, SEN 173462 Law Office of Stephanie J. Finelli , FfLEOU,,\ 2 1007-7th Street, Suite 500 •- l&^merior Court Of Sacramento, CA 95814 3 tel 916-443-2144 fax 916-443-1511 07/30/2009 4 Attorney for Plaintiffs, By , Deputy 5 RODNEY and FLORENTINE ABBOTT Case Mumbur: 6 7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR THE COUNTY OF SACRAMENTO 9 10 RODNEY ABBOTT and FLORENTINE CaseNo.:07AS04450 11 ABBOTT, EXHIBIT A TO FIRST AMENDED 12 COMPLAINT Plaintiffs, 13 vs. 14 RONALD PAUL BRITSCHGI, et. al., 15 Defendants 16 17 and related cross-actions 18 19 Attached hereto is "Exhibit A" to the First Amended Complaint that was filed on July 23, 20 2009. Plaintiffs neglected to attach the Exhibit to the First Amended Complaint. This document 21 is incorporated by reference into that First Amended Complaint as Exhibit A thereto. u^.//.. 22 23 Dated: July 30, 2009 By: 24 Stephanie J. Finelli, Attorney for Plaintiffs 25 26 27 28 Exhibit A to First Amended Complaint - 1 10/24/2005 11-57 916-962-1640 Aaron Olsen PAGE 2/7 Construction CA Contractors License #536735 Gfineial Bufliing Contractor Proposal 10/24/05 Submitted To: Owner/Builder To Be Performed At: Rodney & Florentine Abbott 8601 Rolling Green Way 3341 Corvina Dr Fair Oaks, Ca 95628 Rancho Cordova, Ca 95670 851-9707 C Flans dated: u/k 851-9708 F Project: Foundation Scope of Work: Excavate, form, place and finish concrete for new home and garage as per plans and specifications. Builder or builders agent shall specify previous to excavation and verify previous to pour, location and elevation of finished floor, garage slab and piers. Builders certification and approval shall be in writing. Any structural or layout changes shall be documented inspected and approved. CA Construction shall supply and locate all hold-down anchors with general contractor. Exclusions: Everything not included herein, included but not limited to: Driveway and apron. Porches, patios, walkways, stoops. Grading or removal of dirt from site. Total labor and material Time & Material + 25% (Not to exceed $53,000) Schedule of payments:$ 15,000 upon request of footing inspection. Balance upon completion of job. Any unpaid debts shall be subject to penalties including all legal fees, collection costs, and interest charges in the amount of l/365th of 18% compounded daily commencing the due date enacted retroactive at 30 days delinquency. All invoices are due within 24 hours upon receipt or as allowed for in "Schedule of payments" if so included in this contract, and shall be payable at contractors place of business by 5:00 PM PST of the day following the receipt of invoice. Failure to pay as agreed shall constitute a breech of contract at which time contractor shall cease work until the dispute is remedied. Schedule of work: Contractor shall commence and perform the work in a timely manor. Work to commence within 3 working days of receipt of contract. Project shall reach substantial completion within 15 days of commencement. Contractor shall not be responsible for delays due to conditions out of our direct control including but not limited to: change orders, building inspections, strikes, weather and unavailability of materials. Notice: Failure to commence work within 20 days of the approximate date specified is a violation of the ; State License Law. I CA. Construction/Valley Cabinets 9332 Fair Oaks Blvd., Fair Oaks, CA 95628 Ph: 916-962-1206 Fax: 916-962-1640 916-962-1640 Aaron Olsen PAGE 3/7 Construction CA Contractors License #536735 General BuiMing Contractor Responsibility of owner/builder. Cost of permits and any local, state or Federal taxes and fees. It is the responsibility of the owner/builder to provide protection from loss due to, Fire, theft, vandalism and any natural disasters. The occurrence of loss does not relieve the buyer of any financial obligation to contractor for work completed or materials delivered to job. Work by others: Contractor shall not be responsible for any work performed by other than its employees or agents. We propose to perform all the labor and supply all the equipment necessary for the completion of the above named project as described herein for the total sum stated herein. Any unforeseen costs due to inaccessibility during inspection or additional work requests shall be in writing and will be billed as extras which are due and payable upon their completion. This quote shall be valid for 30 days and may be withdrawn without notice at any time before acceptance. I accept responsibility for payment of the work per above schedule. In the event that it becomes necessary to affect any type of collection proceedings, I/we hereby agree to reimburse CA Construction attorney fees and court costs resulting from such action. I have received the required "Notice of right to cancel" and "Notices Required By (initial) Law" with this contract Owner/builder Date: Date: Contractor Date cr Richard Ruybalid, DBA CA Construction CA. Construction/Valley Cabinets 9332 Fair Oaks Blvd., Fair Oaks, CA 95628 Ph: 916-962-1206 Fax: 916-962-1640 ABB-0547 10/24/2005 11:57 916-962-1640 Aaron Oben PAGE 4/7 Construction CA con^i0a L^™ #535735 Gensjul Building CanlractDr Notices Required By Law Please Read Carefully NOTICE TO OWNER/BUILDER: Under the Mechanics' Lien Law any contractor, subcontractor, laborer, supplier, or other person who helps to improve property and is not paid his labor, services or material, has the right to enforce his claim against your property and to sue you in court to obtain payment. This means that after a court hearing, your home, land, and property could be sold by a court officer and the proceeds of the sale used to satisfy what you owe. This can happen even if you have paid your contractor in full if the contractor's subcontractors, laborers, or suppliers remain unpaid. To preserve their rights to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are each required to provide you with a document called "preliminary notice." Contractors and laborers who contract with owners directly do not have to provide such notice since you are aware of their existence as an owner. A preliminary notice is not a lien against your property. Its purpose is to notify you of persons or entities 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 county recorder, which then becomes a recorded lien against your property. Generally, the maximum time for filling a mechanic's lien against your property is 90 days substantial completion of your project. "State law requires anyone who contracts to do Construction work to be licensed by the contractors state license board in the license category in which the contractor is going to be working-if the total price of the job is $500.00 or more (including the labor and materials.) f Licensed contractors are regulated by laws designed to protect the public. If you contract with someone who does not have a license, the contractors' license board may not be able to assist you with a complaint Your only remedy against an unlicensed contractor may be in civil court, and you may be liable for damages arising out of any injuries to the contractor his employees. You may contact the contractors' state licenses board to find out if this contractor has a valid license. The board has complete information on the history of licensed contractors, including any possible suspensions, revocations, judgments, and citations. The board has offices throughout California. Please check the government pages of the white pages for the office nearest you or call 1- 800-321-CSLB for more information. NOTICE: BY INITIALING THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSES TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UPI YOUR JUDICIAL RIGHTS TO DISCOVERY AND APEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THE PROVISION, YOU MAYBE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE BUSINESS AND PROFFESSIONS CODE OR OTHER APPLICABLE LAWS. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE/I HAVE READ AND UNDERSTAND THE ABOVE PROVISION AMD AGREE TO SUBMIT DISPUTES ARISING GUT OF MA1TERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." CUSTOMER INITIAL: Jft CUSTOMER INITIAL: 3 CA Construction/Valley Cabinets 9332 Fair Oaks Blvd., Fair Oaks, CA 95628 Ph: 916-962-1206 Fax: 916-962-1640 ABB-0548 10/25/2005 0901 916-962-1640 Aaron Olsen PAGE 5/7 CA Contractors License #536735 Gensnl Buildup Contractor LIEN RELEASE: Upon satisfactory payment being made for any portion of the work performed, the contractor shall, prior to any further payment being made, famish to the person contracting for the home improvement a full and unconditional release from any claim or mechanic's lien pursuant to section 3114 of the civil code for that portion of the work for which the payment bas been made. OWNER/BUILDER RESPONSIBILITY: Unless otherwise specified, the Contractor price is based upon the Owner/builder's representation that there are no conditions preventing Contractor from proceeding with the usual installation procedures for the materials required under this contract If upon start of work, the contractor finds conditions that will not allow him to continue under this contract CA Construction may at his option present to the Owner/builder/buyer a separate estimate for the extra work. The Owner/builder/buyer shall have the right to hire other contractors to do the work not covered under this contract Upon such situations CA Constructions reserves the right to stop work until the job site and/or the conditions are brought up to normal conditions to continue his work under this contract Furthermore. Owner represents that he will relocate clothing, personal effects and all personal property and plants to bringing of the work so that the Contractor has free access to portions of the building where work is being done. In the event that the owner fails to relocate any items as provided hereunder, Contractor may relocate any of the owner's property as may be required and is not responsible for damage thereto which may result during prosecution of work. Upon movement of above items CA Construction may charge for this work unless such movements are listed are listed in this contract. NON-RESPONSIBILITY: The Contractor shall not be responsible for any damage occasioned by the Owner/builder or Owners agent, ram, windstorm, acts of God, or other causes beyond the control of the Contractor, unless otherwise herein provided or unless he is obligated by the terms hereof to provide insurance against such hazards. The Contractor shall not be responsible for the damage to existing walks, curbs, driveways, cesspools, septic tanks, sewer lines, arches, lawns, trees, clotheslines, personal property, telephone and electrical lines, by the Contractor, or supplier incurred in the perfbmiance of the work. The Contractor shall not be responsible for any loss of wages the owner may incur due to providing Contractors access to the work area/or Owners desire to be present while work is being completed. CANCELLATION: The Owner/builder is given a copy of the "Federal Rescission notice" attached to this contract. Once the contract is out of rescission, tine Contractor will schedule the work and order the material for the completion of the contract. If this contract is cancelled by the Owner/builder/buyer for any reason after the three day recession period, the Owner/builder/buyer is responsible for any cost incurred by CA Construction, including but not limited to time spent, labor, materials, loss of profit and any other costs associated with this contract and attorney's fees required to fully enforce this contract. The permits, plans, reasonable cost for time and effort or any money spent by CA Construction to start and finish this contract shall be paid to CA Construction upon cancellation. In some cases there may be two separate contracts written between CA Construction and the Owner/builder/buyer for different projects on the same home. Upon such situations if any disputes arise from one contract, it shall not have any bearing on the other contracts. If Owner/builder/buyer decides to cancel one or all contracts, Owner/builder/buyer shall be binding by each contract separately and all terms and conditions apply per contract PAYMENT: Payment must be made on the entire outstanding balance on all contracts upon completion of work to the Foreman of the installation crew. All checks must be made payable to CA Construction Company. On contracts that CA Construction Company or its agents finance, a completion certificate must be signed upon the completion of work. A 10% charge will be accessed every 30 days on afl outstanding balances unless otherwise specified in this contract. Owner/builder/buyer agrees to make all payments, progress payments and extra charges upon receiving of bill or invoice. COLLECTION: CA Construction shall have the right to stop work and keep the job idle if payments are not made to him when due or as specified in this contract If any payments are not made to CA Construction when due, Owner/builder/buyer shall pay to CA Construction an additional charge of ISO/, of the amount of such payment per day. In the event of returned check(s), Owner/builder/buyer shall pay to CA Construction an additional charge of $35.00 over and above of any other charges plus bank charges. In the event of non payment as agreed in this contract, contractor will stop work as outlined above and Owner/builder/buyer must pay the full contract price before 4 CA. Construction/Valley Cabinets 9332 Fair Oaks Blvd., Fair Oaks, CA 95628 Ph: 916-962-1206 Fax: 916-962-1640 ABB-0549 10/25/2005 0901 916-962-1640 Aaron Olsen PAGE 6/7 Construction CA Contractor: License #536715 General Building Cantiactar contractor will proceed, and Owner/builder/buyer shall be responsible for any and all materials left on the premises and /or any damages to such materials. Within 10 days after execution of this contract, CA Construction shall have the right to cancel this contract should it be determined that there is any uncertainty that all payments under this contract will be made when due and/or if it is determined by CA Construction that the job cannot be done in accordance of any laws, regulations, and/or building codes. Owner/builder/buyer agrees to release CA Construction of any liabilities and responsibilities under this contract upon such situations outlined above. Should any litigation be commenced between the parties concerning this contract, or the rights and duties of CA Construction, Owner Builder shall be responsible for any and all costs including attorney's fees and court costs and all arbitration or mediation costs. Contractors are required by law to be licensed and regulated by the Contractors' State license board. Any questions concerning a contractor may be referred to the registrar of the board whose address is: Contractors State License Board, 9835 Goeth Road, Sacramento, CA 95826 CA. Construction/Valley Cabinets 9332 Fair Oaks Blvd., Fair Oaks, CA 95628 Ph: 916-962-1206 Fax: 916-962-1640 ABB-0550 10/25/2005 09:01 916-962-1640 Aaron Olsen PAGE 7/7 Construction CA Conlracfon License #536735 General Building Contractor Notice of right to cancel Notice of cancellation Enter date of transaction You may cancel this transaction, without any penalty or obligation, within three business days from the above date. If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within ten days following the receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled. If you cancel you must make available at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may if you wish, comply with the instructions of the seller regarding the return shipment of goods at the seller's expense and risk. If you do make the goods available to the seller and the seller does not pick them up within twenty days of the date of your notice of cancellation, you may retain or dispose of the goods without further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for the performance of all obligations under the contract To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice, or send a telegram to: CA Construction, At: 9332 Fair Oaks Blvd., Fair Oaks, CA 95628 No later than midnight following the third business day of the date of this transaction. I hereby cancel this transaction (Date) (Buyer's signature) CA. Construction/Valley Cabinets 9332 Fair Oaks Blvd., Fair Oaks, CA 95628 Ph: 916-962-1206 Fax: 916-962-1640 ARR-0551 PROOF OF SERVICE BY MAIL CASE NAME: Abbott v. Britschgi CASE NUMBER: Sacramento County Superior Court 07AS04450 I declare that: I 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 California and not a party to the above-entitled cause. My business address is 1007 Seventh Street, Suite 500, Sacramento, California 95814. On July 30, 2009, pursuant to CCP §1013A(2), I served the following: EXHIBIT A TO FIRST AMENDED COMPLAINT BY MAIL: by depositing a copy of said document in the United States mail in Sacramento, California, in a sealed envelope, with postage fully prepaid, addressed as follows: Craig Lundgren 424 2nd Street, Suite A Davis, CA 95616 Gregory Federico Archer Norris 655 University Ave., Suite 225 Sacramento, CA 95825 Richard Sopp Maloney, Wheatley, Sopp & Brooks 1004 Moon River Rock Drive, Suite 245 Folsom, CA 95630 I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct. DATED: July 30,2009 ^ Stephanie J. Finelli