Preview
1 *
't t. 1
Todd A. Jones (BarNo. 198024)
Gregory K. Federico (Bar No. 242184)
2 ARCHER NORRIS
A Professional Law Corporation
ENDORSED
3 301 University Avenue, Suite 110
Sacramento, Califomia 95825
4 Telephone: 916.646.2480 LtGAl. PROCESS # 7
Facsimile: 916.646.5696
5
Attorneys for Defendants
6 RICHARD KIRK RUYBALID, individually and
dba CA CONSTRUCTION; and R4C0RP., INC.
7
8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF SACRAMENTO
10
11 RODNEY ABBOTT and FLORENTINE CaseNo. 07AS04450
ABBOTT,
12 DECLARATION OF GREGORY K.
Plaintiffs, FEDERICO IN SUPPORT OF
13 DEFENDANTS' MOTION IN LIMINE NO.
V. 3 TO EXCLUDE TESTIMONY OF
14 PLAINTIFFS' EXPERT JAMES
RONALD PAUL BRITSCHGI, et al.. DILLINGHAM REI.ATWG TO THE
15 EXISTENCE OF DEFECTS NOT
Defendants. PERSONALLY OBSERVED OR TESTED
16
Action Filed: September 24, 2007
17
Trial Date: January 17, 2011
18 Time: 8:30 a.m.
Location: Department 43
19
AND ALL RELATED CROSS-ACTIONS.
20
21
I, Gregory K. Federico, hereby declare as follows;
22
1. At all times relevant, I have been an attomey licensed to practice law in the State
23
ofCalifomia and I am an associate with the law firm of Archer Norris, counsel ofrecord for
24
Defendants RICHARD KIRK RUYBALID, individually and dba CA CONSTRUCTION
25
(hereinafter "CA CONSTRUCTION") and Defendant R4C0RP., INC. (hereinafter "R4C0RP")
26
(hereinafter collectively "Defendants"). As such, I am personally familiar with the files in this
27
matter and all the documents contained therein. I have personal knowledge ofthe matters stated
28
NIC549/1058676-1
DECLARATION OF GREGORY K FEDERICO IN SUPPORT OF DEFENDANTS' MOTION IN LIMINE NO 3
1 herein and, if called as a witness, could and would competentiy testify thereto.
2 2. Attached hereto as Exhibit-A to this declaration are true and correct copies as
3 maintained in our office files in this matter ofthe excerpts ofthe deposition testimony of
4 Plaintiffs' expert, James Dillingham, P.E., taken April 27, 2009, in this matter.
5
^ I declare under penalty of perjury under the laws of the State of Califomia that the
foregoing is tme and correct and that this declaration was executed in Sacramento, California, on
8 December ^ ,2010.
10 Gregory K. Federico
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
N1C549/I058676-1 " 2
DECLARATION OF GREGORY K. FEDERICO IN SUPPORT OF DEFENDANTS' MOTION IN LIMINE NO 3
1 PROOF OF SERVICE
2 Nameof Action: Rodney Abbott, et al. v. Ronald Paul Britschgi, et al.
Court and Action No: Sacramento County Superior No. 07AS04450
3
I, Cindy A. Ingland, declare that I am over the age of 18 years and not a party to this
4 action or proceeding. My business address is 301 University Avenue, Suite 110, Sacramento,
Califomia 95825. On December 6, 2010,1 caused the following document(s) to be served:
5
DECLARATION OF GREGORY K. FEDERICO IN SUPPORT OF DEFENDANTS'
6 MOTION IN LIMINE NO. 3 TO EXCLUDE TESTIMONY OF PLAINTIFFS'
EXPERT JAMES DILLINGHAM RELATING TO THE EXISTENCE OF DEFECTS
7 NOT PERSONALLY OBSERVED OR TESTED
8 1x1 ^y placing a true copy ofthe documents listed above, enclosed in a sealed envelope,
addressed as set forth below, for collection and mailing on the date and at the business
address showoi above following our ordinary business practices. I am readily familiar
IQ with this business' practice for collection and processing of correspondence for
mailing with the United States Postal Service. On the same day that a sealed envelope
11 is placed for collection and mailing, it is deposited in the ordinary course ofbusiness
with the United States Postal Service with postage fully prepaid.
12
r~j By having a true copy ofthe document(s) listed above transmitted by facsimile to the
l-' person(s) at the facsimile number(s) set forth.below before 5:00 p.m. The transmission
. . was reported as complete without error by a report issued by the transmitting facsimile
machine.
15
I I By placing a true copy ofthe document(s) listed above, in a box or other facility
16 regularly maintained by UPS, an express service carrier, or delivered to a courier or
driver authorized by the express service carrier to receive documents, in an envelope
17 designated by the express service carrier, with delivery fees paid or provided for,
addressed as set forth below.
18
19 n bv havinR personal deliverv bv FIRST LEGAL SUPPORT SERVICES a true copy of
the document(s) listed above, enclosed in a sealed envelope, to the person(s) and at the
20 address(es) set forth below.
21
[SEE ATTACHED SERVICE LIST]
22
I declare under penalty ofperjury that the foregoing is tme and correct. Executed on
23 December^^<^lJ), at Sacramento, Califomia.
24
25
INDY A. INGLAND
26
27
28
N1C341/608293-1
PROOF OF SERVICE
1 Service List
2
Stephanie Finelli PLAINTIFFS
3 Law Offices of Stephanie J Finelli
1007 Seventh Street, Suite 500 Tel (916)443-2144
4 Sacramento, CA 95814 Fax:(916)443-1511
E-mail sfinelli700(gyahoo com
5
Richard D Sopp Counsel for CADRE DESIGN GROUP, INC.
6 Wheatley Sopp LLP
1004 River Rock Drive, Suite 245 Tel (916)988-3857
7 Folsom, CA 95630 Fax:(916)988-5296
Email rds@mwsblaw com
8
Mark Smith In Pro Per
9 8549 Willow Valley Place
Granite Bay, CA 95746
10
Richard W Freeman Counsel for R4C0RP
11 Scott S Brooks
WOOD SMITH HENNING & BERMAN LLP Tel. (925) 356-8200
12 1401 Willow Pass Road, Suite 700 Fax: (925) 356-8250
Concord, CA 94520-7982
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
N1C341/608293-1 2
SERVICE LIST
EXHIBIT A
James Dillingliam, P.E April 27, 2009
Page 1
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SACRAMENTO
RODNEY ABBOTT, FLORENTINE
ABBOTT,
Plaintiffs,
CASE NO. 07AS04450
vs.
RONALD PAUL BRITSCHGI, et al..
Defendants.
AND RELATED CROSS-ACTIONS.
DEPOSITION OF
JAMES DILLINGHAM, P.E.
April 27, 2009
10:19 a.m.
655 University Avenue
Suite 225
Sacrainento, California
Teresa C. McKinney, CSR-1008 9
EXHIBIT-L/ c
J.^—^^.s»«>il»^^Ai..i^»fi'hf*c=5a. ci
d409bc04-a327-444a-8b79-dc60afa28340
James D i l l i n g l i a m , P.E. A p r i l 27, 2009
Page 2 Page 4
APPEARANCES OF COUNSEL
For lhe Pkumiffs
1 INDEX TO EXHIBITS
LAW OFFICE OF STEPHANIE J RNELU 2
STEPHANIE J F1\ELL1.ESQ
Suie SOO
3 Exhibit Description Page
1007 7th Strcci 4
Sacramemo, Califomia 9S8I4
916 4')3 2144
5 EX 91 Notice of Taking Expert Witness
916443 1511 Fax Deposition and Request for
For CA Constniction
6 ProductionofDocuments 9
7 EX 92 Plaintiffs' Expert Witness
ARCHERNORRIS
GREGORY K FEDERICO. ESQ
Disclosure and Expert Witness
and 8 Declaration 19
TODD A. JONES, ESQ
Suite 223
9 EX 93 Three-page document of
635 Univcracy A\xnuc Deflection Limit Graphs 22
Sacrainento, California 95823 10
9I6646 24S0
916 646 3696 Fax 11
For Ronald Bmschgi-
12
LUNDGREN & REYNOLDS LLP 13
CRAIG N LUNDGREN, ESQ. 14
Suite A
424 2nd Strcct 15
Davis. California 95616
530 297 50.10
16
530 297 5077 Fax 17
18
For Cadre Design, Inc •
19
MALONEY, WHEATLEY. SOPP & BROOKS. LLP 20
RICHARD D SOPP, ESQ
Suite 245 21
1004 R m r Rock Dnve
Folsom, California 95630
22
916 988 3857 23
Also Preseni
24
Flo Abbon 25
Page 3 Page 5
1 INDEX OF EXAMINATION 1 DEPOSITION OF JAMES DILLINGHAM, P.E.
2 2 April 27,2009
3 WITNESS: JAMES DILLINGHAM, P.E. 3
4 EXAMINATION PAGE 4 JAMES DILLINGHAM, P.E.,
5 By Mr. Federico 5 5 having been first duly swom, testifies as follows:
6 By Mr. Lundgren 45 6 EXAMINATION
7 By Mr. Sopp 86 7 BY MR. FEDERICO:
8 By Mr. Federico 92 8 Q. Goodaftemoon, Mr. Dillingham. My name is
9 By Mr. Lundgren 94 9 Greg Federico, and ] represent a company called CA
10 10 Construction in this matter I just want to start out:
11 11 Have you ever had your deposition taken before?
12 12 A. Ihave, yes.
13 13 Q. For the record, can I have you state and
14 14 spell your name?
15 15 A. Sure, my name is James Dillingham. It's
16 16 J-a-m-e-s, D-i-1-l-i-n-g-h-a-m.
17 17 Q. And can I have you state your address for the
18 18 record, please?
19 19 A. My business address?
20 20 Q. Sure.
21 21 A. 4260 Motherload Drive, Suite Number 3 in
22 22 Shingle Springs, Califomia 95682.
23 23 Q. You had indicated you had your deposition
24 24 taken before. How many times?
25 25 A. I believe it's four.
2 ( P a g e s 2 t o 5)
d409bc04-a327-444a-8b79-dc60afa28340
James Dillingham, P.E A p r i l 27, 2009
Page 6 Page 8 3
1 Q. Do you feel comfortable with the ground rules 1 A. She j ust updates me on the status of the •
2 or would you like me to go over some ofthem? 2 case, and that's roughly it. I kind of clarified to her \
3 A. I'm comfortable. 3 what my position is as a structural expert. And then ]
4 Q. What type of cases have you provided testi- 4 she describes to me what she knows is gomg on from the ]
5 mony in during a deposition? 5 other experts. ^
6 A. I've testified on water penetration cases, 6 Q. Have you had any contact with Ms. Finel 1 i 5
7 both civil and just related to a plugging of a pipe by a 7 during this time period as well? ;
8 root. And secondly, IVe been testifying on structural 8 A. Yes. Over the last three or four months I've '.
9 (iefect cases which are related to just defects in 9 talked to Stephanie. i
10 improperly designed homes. 10 Q. Are you being paid directly by Ms. Abbott or '
11 Q. So those are the only types of cases you 11 by Ms. Finelli? J
12 testified on? 12 A. Well, Ms. Abbott paid me for my site visit
13 A. That's correct 13 charge, and that's the only billing I've had so far.
14 Q. Have you ever testified in court before? 14 Q. What is your houriy rate for deposition '
15 A. No. 15 testimony?
16 Q. Have you ever testified in any Contractor's 16 A. 250. \
17 State Licensing Board proceedings? 17 Q. Do you have a different rate for any other ',
18 A. No. IB type of work that you might do on the case?
19 Q. You said there were four times that you had 19 A. Yeah, 150 for other work. ;
20 testified before? 20 Q. What type of work would that be?
21 A. That's correct. 21 A. Well, 1 haven't done any yet. And I don't
22 Q. Were you hired by the Plaintiffs or the 22 know ifl need fo do any, but it would be investigative ,-
23 Defendants in that case? 23 work of plans or materials.
24 A. The Plaintiffs. 24 Q. You said your site visit was two years ago.
25 Q. Each time that you testified, it's been for 25 So it was some time-- do you remember what time of year \
Page 7 Page 9 ^
1 the Plaintiffs? 1 in 2007 it was?
2 A. That's correct. 2 MS. FINELLI: I think that misstates. He can :
3 Q. Have you ever been retained by Ms. Finelli 3 clarify. f
4 before? 4 THE WITNESS: Yeah, I'm not exactly sure when ;
5 A. No. 5 it was. It was in 2007. You know, 1 could look at my \
6 Q. Were you first contacted by Ms. Finelli or by 6 books andfigureout the exact date. ]
7 Ms. Abbott? 7 BY MR. FEDERICO: \
8 A. Ms. Abbott. 8 Q. During your site visit did you do any testing .;
9 Q. When did she first contact you? 9 on the structure? •
10 A. Almost two years ago now, I believe. 10 A. No, I did not. i
11 Q. Did she call you up? 11 Q. Have you been asked to do any testing on the ••
12 A. Yes. She called me up and had me do a site 12 structure? ^
13 visit. I went out to her house, and that was the only 13 A. No. 1 haven't :
14 time I've actually been to her house was that one time. 14 MR. FEDERICO: Let's go ahead and mark this •
15 And I witnessed the as built construction, and she 15 next in order. i
16 showed me the plans. Since that time I've just been 16 [Exhibit 91 was marked for identification]. ^
17 having phone conversations with her as she's updated me 17 BY MR. FEDERICO: I
18 with the progress ofthe condition on her house. 18 Q. I've handed you what's been marked as Exhibit }
19 Q. Can you give me an approximation of how many 19 91, the Notice of Taking Expert Deposition on Oral
20 phone calls you had with her? 20 Examination and Request for Documents. Do you recognize ]
21 A. I'd say she's checked in with me every month 21 this documenf?
22 and a half, two months - I'd get a call from her — 22 A. Yes. ?
23 over the last two years. 23 Q. You were provided this document? :
24 Q. What generally do you talk about in those 24 A. Yes. j
25 conversations? 25 Q. And ifyou tum to Page 2 there's a series of =
3 (Pages 6 t o 9)
d409bc04-a327-444a-8b79-dc60afa28340
James D i l l i n g h a m , P.E A p r i l 27, 2009
Page 10 Page 12
documents and items that I requested that you bring with 1 A. It was in earth science.
you, ifyou possessed any, to this deposition Have you 2 Q. And you said between your time at UC Santa
brought any of those referenced items? 3 Cruz and then at Cal Poly you did two years of con-
A. No. But you know, I've really done no review 4 struction?
of this job. I'm here as a structural expert, so I'm 5 A. It was more like four years.
here to talk about fixes to the jobs and what you can do 6 Q. What type of construction?
to rectify the situation structurally. 7 A. Framing mostly. Framing and foundation work.
As far as what 1 know aEout the job, the 8 Q. Do you have any construction licenses?
problem lies in the grading. So you basically have to 9 A. 1 do.
10 bring that whole garage slab up about tour teet m order 10 Q. What type of licenses?
11 to do that. The question is what do you do with the 11 A. Class B.
12 garage? And it's my opimon that the garage should be 12 Q. When did you get that?
13 rebuilt at that time. 13 A I got that in 1 think 2003.
14 Q. We're going to get into all those opinions 14 Q. So you got that after you did your Master's
15 here in a little bit. For the record, I just want to 15 at Cal Poly?
16 make sure: Have you reviewed this list of documents? I 16 A. Yeah, I was in the process, and 1finallygot
17 mean, you can take some time ifyou need to, 17 it just after I graduated.
18 A. 1 haven't reviewed anything on this job, but 18 Q. So during that four years between Santa Cruz
19 that site visit. 19 and Cal Poly were you working for a company that did
20 Q. Did you read this document though to make 20 framing or foundation work?
21 sure you didn't have any ot those documents thaTybu 21 A. Correct, different general contractors.
22 could bring to this deposition? 22 Q What location was this?
23 A. Yeah. I did not bring my billings. I think 23 A. It was in Jackson, Wyoming; Lake Tahoe, Santa
24 that would be the one thing that would apply, and that 24 Cruz; and the San Luis Obispo area,
25 would be the billing for my site visit which was a $300 25 Q. What type offoundations did you pour? Or
Page 11 Page 13
1 billing. 1 did you pour any foundations?
2 Q. So you were there approximately two hours 2 A. Yeah.
3 then at your $150 an hour rate? 3 Q. What type?
4 A. Yeah, that was approximately two hours. 4 A. Slab foundations, mat foundations. I have
5 Q. Do you have a professional resume by any 5 experience with some post tension foundations too. I've
6 chance? 6 done - now as an engineer I've been involved with all
7 A. Yes^ 7 types offoundations.
8 Q. Did you bring it with you? 8 Q. So then after you got your Master's - in
9 A. I did not. 9 2002; correct?
10 Q. Would you briefly take me ~ when did you 10 A. Uh-huh.
11 graduate from high school? 11 Q. What did you do after that?
12 A. In 1991. 12 A. 1 went to work in Shingle Springs for Carlton
13 Q. Did you go to college? 13 Engineering.
14 A. I did. 14 Q. What kind of work does Carlton Engineering
15 Q. Where did you go to college? 15 do?
16 A. I went to UC Santa Cruz. 1 did a Bachelor's, 16 A They're multifaceted, bul I was specifying in
17 graduated in '95. And then I worked in construction for 17 their structural department
18 a few years, then went back to Cal Poly in San Luis 18 Q. Would you work on primarily commercial
19 Obispo and got a Master's degree in civil engineering. 19 projects or residential projects? Both?
20 MR. LUNDGREN: When was that? 20 A. Actually it was all commercial there.
21 THE WITNESS: In 2002. 21 Q. What were your duties at Cariton Engineering?
22 MR. SOPP: 2002? 22 A. Project engineer.
23 THE WITNESS: That's correct. 23 Q. So someone would hire Cariton Engineering for
24 BY MR. FEDERICO: 24 a particular project and you would -
25 Q. What was your Bachelor's in at UC Santa Cruz? 25 A. Perform the project
4 (Pages 10 to 13)
d409bc04-a327-444a-8b79-dc60afa28340
James Dillingham, P.E A p r i l 27, 2009
Page 14 Page 16
1 Q. Have you taught or done any lecturing in 1 A. It was at least a year ago, 1 would say. Flo \
2 engineering topics? j2 was calling me and letting me know that she was going to X
3 A. No. 3 pursue it and asking me ifl was interested in being her •
4 Q. Any military experience? 4 structural expert i
5 A. No. 5 Q. Haveyouhadanycontact withany ofthe~do ;
6 Q. So how long were you at Carlton Engineering? 6 you know any of the other experts that have been I
7 A. Between a year and a half and two years. 7 retained by Ms. Abbott? ;
8 Q. Where did you go after that? 8 A. Not personally. 1 have spoken with a man *
9 A. 1 started a company with a partner, my 9 named Skip who's an owner/builder representative, on the Q
10 current company D&Z Structural Engineering. IU phone. %
11 Q. Who's your partner? 11 Q. That's Mr. Weahunt; correct? |
12 A. Jason Zwinggi. And he left two and a half 12 A. I'm not sure what his last name is. I talked >
13 years ago. I bought him out. 13 to him about the expert who was in charge of the subsite }
14 Q. How do you spell that? 14 plan and what his findings were. And that's mainly what ^
15 A. Z-w-i-n-g-g-i. 15 we were talking about Just the general gist of the i
16 Q. Now you're the sole owner of D&Z? 16 case as related to the garage itselt being too low, the ij
17 A. That's correct 17 driveway being too steep. And then he also mentioned •;
18 Q. Do you do the same type of work that you were 18 that there might be rumor of uncompacted fill that the '
19 doing at Carlton Engineering? 19 actual garage was built on top of. And I mean, just j
20 A. Yes, except we do residential work as well. 20 from being in the industry 1 know what that means.
21 Q When did you start doing residential work? 21 Q. What does that mean? \
22 Was it just with D&Z or ~ 22 A. That means that there wasn't certified fill M
23 A. I had a little bit ofexperience at Carlton 23 when the grader was doing it I'm very surprised that \
24 with it about a couple houses. And then ever since we 24 the County let that slip by. But when you've got a r
25 had D&Z we've always done residential. 25 buildingonuncertifiedfill, the only thing you can do [,
Page 15 Page 17 f|
1 Q Any particular type of residential? 1 mean 1 to rectify it is to remove it and replace it and {
2 like custom homes versus track homes? Both? 2 re-compact that fill. J
3 A. All of it 3 Q. When you say "re-certified fill," what do you r
4 Q. So you said that Ms Abbottfirstcontacted 4 mean? \
5 you roughly two years ago; correct? 5 A. I mean when you create fill on a project, you j!
6 A. Uh-huh, yes. 6 need to have it compacted and you need a soils engineer •
7 Q. Did she give you like a particular assignment 7 there testing compaction on every lift that you do which 1
8 that she wanted you to work on? 8 are typically about sbc inches. So you come up six «
9 A. No. 9 inches with dirt. You compact it. You have the soils i
10 Q. Did she convey to you what the scope ofyour 10 engineer come out there and test it and make sure that i
11 retention would be? 11 compaction is suitable.
12 A. Yes. 12 Jf it's not suitable, then that contractor j
13 Q. What was that? 13 gets to re-do that lift. Well, if the contractor \
14 A. The scope of mv retention is iust to talk 14 decides to build up soil without a soils engineer, he's \
15 about the structural capacity of the house itself and 15 breaking the code. And then ifhe doesn't do it j
16 the garage in particular. 16 correctly, then you're really in trouble because you 5
17 Q. Did she indicate to you at that point in time 17 have to rip it out and re-do it. \
18 whether 1 itigation was in process? 18 Now, if he does it and he does it correctly, '
19 A . l don't remember if she did at that time. 19 it can be tested to see if it actually meets compaction. |
20 She might have told me in previous conversations on the 20 Then that's an investigation that needs to be done by a 1
21 phone that it was her intention- she might have been at 21 soils engineer. ;
22 that time trying to settle with the contractor. I'm not 22 Q. When you use the word "fill," are you making \
23 sure. 23 any distinction between - can fill be dirt? Can it be ]
24 Q. When did youfirstfindout that this matter 24 rock? Can it be one or the other? Do you understand ^
25 was going to go into litigation? 25 what I'm saying? \
5 (Pages 14 t o 17)
d409bc04-a327-444a-8b79-dc60afa28340
James Dillingham, P.E. A p r i l 27, 2009
Page 18 Page 20
1 A. Well, the fill actually needs to be approved 1 providing a plan of repair and then actually getting
2 by the soils engineer. 2 bids to get a firm cost.
3 Q. R i ^ t . 3 Q. Outside ofthese areas that are listed here
4 A. So he's going to say whether or not he likes 4 in Paragraph 4. are there anv other areas that vou plan
5 the material that the contractor is using. Ifhe 5 to offer opinions about?
6 doesn't like it, the contractor needs to find other 6 A. m
7 material. 7 Q. Have you prepared a report?
8 Q. Can rock then be considered fill? 8 A. No.
9 A. Ifthe soils engineer allows it I mean 9 0 . Have vou been asked to prepare a report?
10 there's fill that's self-compacting rock, but it's a 10 A. No.
11 specialty material that you need to order. It's rock 11 Q. Have you been asked to not prepare a report?
12 that compacts itself 1 don't believe that's what's 12 A. No.
13 been used here. 1 think when you're talking about 13 0 . You brought some documents there with vou to
14 moving around dirt on a site, you're talking about 14 the deposition. Can you describe what documents you
15 taking the native and re-compacting it. Well, thaf s 15 brought?
16 going to be only allowable ifthe soils engineer takes a 16 A. Sure. These are documents that my office has
17 look at that native and he's okay with it. 17 generated on wall studs to aid us in our designs of
18 Q. You said if s a special type of rock. What's 18 houses. It gives you an idea of how tall a wall stud
19 the type of rock that needs to be used? 19 you can actually have. And I brought copies for you
20 A. Typically I think it's a three quarter inch 20 guys too. There's a copy for you (indicating).
21 round material that is usually granite based or some 21 Q. Thank you.
22 hard stone base. 22 A. These ones basically show you ~ I can go
23 0 . Since vou started having discussions with 23 through them step by step. The top chart is based off a
24 Ms. Finelli, have you been given any limits to your 24 two-by-six wall. And standard spacing of walls is
25 assignment or qualifications from what Ms. Abbott had 25 typically sixteen inches on center. When it says
Page 19 Page 21
1 told you eariier? 1 deflection criteria limit now that's based off the
2 A. No, just that I was going to be the 2 siding that you put on the house.
3 structural expert on this case. 3 For L over 360 that's a tighter deflection
4 MR. FEDERICO: Let's mark this as Exhibit 92. 4 criteria, and it directly correlates to having stucco.
5 [Exhibit 92 was marked for identification.] 5 So ifyou had siding instead of stucco, you'd be on the
6 BY MR. FEDERICO: 6 lower chart which would be L over 240. That's basically
7 Q. Have you seen that document? 7 in reflection to when the wind is actually hitting the
8 A. No. 8 wall, how much the wall is actually bowing back and
9 Q. Take a second and look through it 9 forth.
10 [Witness reviews document ] 10 So what this chart tells you is that ifyou
11 BY MR. FEDERICO: 11 have stucco, then you basically get to go up to about a
12 Q. If this matter were to go to trial, do you 12 thirteen foot tall wall before you need to start think-
13 intend to offer opinions on the structure ofthe house? 13 ing about going to manufactured studs or actually
14 A. Yes 14 switching to a two-by-eight wall instead of a two-by-six
15 Q. And the structure ofthe garage? 15 wall. So the reason why I brought this was to emphasize
16 A. Yes. 16 that what we have is I think at least a sixteen foot
17 Q. Will you offer opinions on whether the house 17 tall garage wall.
18 or garage are structurally sound? 18 And we've got noticeable stucco cracks on the
19 A. Yes. 19 outside. Well, that's because those studs are not
20 Q. Will you offer opinions on the manner in 20 capable by code to resist that wind force. And that
21 which they could and/or should be repaired or replaced? 21 would indicate that the walls themselves — you know.
22 A. Yes. 22 not only do you have to raise the whole floor up, but in
23 Q. And the cost of that repair and replacement? 23 fact by raising the whole floor up, you're going to be
24 A. Yeah, lean sort of add on that 1 would not 24 back to that correct hei^t that the original engineer
25 be the main person. I would think you'd be actually 25 thought the garage. It was twelve or thirteen foot tail
6 (Pages 18 t o 21)
d409bc04-a327-444a-8b79-dc60afa28340
James D i l l i n g h a m , P.E A p r i l 27, 2009
Page 22 Page 24 ;
1 studs. That would correct the whole issue ofthe drive- 1 house plans ~ were any of the last dates of revision? 1
2 way, as well as correcting the structural problem. 2 A. 1 don't no.
3 Q. You're saying raising it up would correct the 3 Q. Have you reviewed an engineer named Louie j
4 problem with the driveway? 4 Moreno's calculations for the structure? ^
5 A. Assuming you're leaving the roof in the same 5 A. No,Ihavent. ]
6 heighth; right? Then you're shortening the wall studs 6 MR SOPP: I'm Sony, what was that? ^
7 by raising up the floor with the garage. 7 THE WITNESS: I said, no, I haven't. I
8 Q. Is that your only copy of that document? 8 BY MR. FEDERICO: :
9 A. No. 9 Q. Have you reviewed any of Ms. Abbotfs job !
10 Q. Can we mark that as an exhibit then? 10 files for the contractors that worked on this project? j
11 A. Yeah, and you can have that one. 11 A. No. 1
12 Q. I've got one, thanks. But the court reporter 12 Q. You mentioned your office helped you prepare
13 will need one. 13 some documents. 1 guess these documents, Exhibit 93; is
14 A. Sure, not a problem. 14 that correct? J
15 MS. FINELLI: 93? 15 A. Thafs correct
16 THE REPORTER: Yes. 16 Q. So do you have other people in your office ^
17 [Exhibit 93 was marked for identification]. 17 that are working with you on this case? •
18 BY MR. FEDERICO: 18 A. No. This is something that we have for our ?
19 Q. So you said that you had a couple years ago 19 own design purposes, and sol just printed it out and I
20 been contacted by Ms. Abbott and you did a site inspec- 20 brought it for this case. ':
21 tion. Did you take measurements during that site 21 Q. Do you have an assistant that's been helping 1
22 inspection? 22 you on this project? ;
23 A. 1 did not, no. 23 A. On this case? No. ;
24 Q. So how do you know the wall's sixteen feet? 24 Q. So 1 want you to take me through the indivi- i
25 A. 1 don't actually know that it is sixteen 25 dual problems that you recognize with Ms. Abbott's home. ;
Page 23 Page 25 ;
1 feet It needs to be verified. But I know that it's at 1 A. Okay. ;
2 least sixteen teet trom standing there because it was 2 Q. Let's start with the first one. ';
3 well over my head. 3 A. Well, now, the individual problems that are ;
4 Q. So after that initial phone call and site 4 outside ofthe structural, other than the height of \
5 inspection and then your subsequent calls with 5 these walls that 1 brought up already, and it appears - \
6 Ms. Abbott, what else if anything have you done on this 6 now, I'm not an expert on grading, but it appears like ;
7 case? 7 the driveway is too steep. And I believe you're going ?
8 A. Nothing. 8 to have an expert who's going to testify on this. And J
9 Q. Have you been provided any documents on this 9 it was evident though by me standing in the garage that ;
10 case? 10 it would have to be a four-by-four truck in order to get
11 A. I haven't no. 11 into that garage with the way that it's pitched. A
12 Q. Any deposition transcripts? 12 normal car would just dive right into the slab of the
13 A. No. 13 garage. ;
14 Q. Any plans? 14 Q. So that's one problem'? ]
15 A. No, other than the ones that 1 reviewed with 15 A. Uh-huh. ;
16 Flo when 1 was at her house. 16 Q. Will you be offering any opinions at time of
17 Q. Do you know whether those were a complete set 17 trial as to grading on the lot?
18 of plans? 18 A. No. ;
19 A. No, I do not. 19 Q. Have you done any research into what [,
20 Q. Did you review a set of the cul-de-sac plans? 20 Sacramento County requires for the slope of a driveway? l
21 A Yes. 21 A. I have not no. i
22 Q. At the same meeting with Ms. Abbott? 22 Q. Are there other problems that you identified
23 A. Yes. 23 with Ms. Abbott's home?
24 Q. Do you remember what on that set of plans 24 A. No, not that I've identified. ^
25 that you reviewed - not the cul-de-sac plans, but the 25 Q. So what about you? Which problems have you
7 (Pages 22 t o 25)
d409bc04-a327-444a-8b79-dc60afa28340
James Dillingham, P.E April 27, 2009
Page 26 Page 28
1 identified within your scope of retention in this case? 1 too low? Is that tied into-
2 A. Well, I believe all I'm here to testify on is 2 A. No, I cannot offer an opinion on that
3 on the repair, given the fact that that slab needs to 3 Q So essentially the only area that you will be
4 come up in height and what manner of repair should be 4 offering opinions is this claim about the wall studs are
5 addressed structurally to repair and rebuild that 5 too tall to meet the deflection nsquirements for stucco?
6 garage. 6 7L! Correct, and it appears that the engineer was
7 Q. So then I guess one problem is that the slab 7 never informed ofthese heights"
8 is too low? 8 Q. What leads say you to believe that the
9 A Correct Now, then the only other really 9 engineer was never informed ofthese heights?
10 serious problem 1 see is it that slab was built on 10 A. Because it wasn't clear in the plans. Andl
11 uncompacted fill. 11 think from what Skip told me the engineer had never been
12 Q. And what would that problem be? 12 on the site before.
13 A. That means the whole garage slab needs to be 13 Q. And this was all firsthand information that
14 removed~and all the soil underneath it removed and 14 Skip knew or is this again information that he received
15 re-compacted. 15 from Mr. Lee?
16" Q. That's because it would be an unstable 16 A. Well. I believe he probably received it from
17 structure, in your opinionV
Preview
1 * 't t. 1 Todd A. Jones (BarNo. 198024) Gregory K. Federico (Bar No. 242184) 2 ARCHER NORRIS A Professional Law Corporation ENDORSED 3 301 University Avenue, Suite 110 Sacramento, Califomia 95825 4 Telephone: 916.646.2480 LtGAl. PROCESS # 7 Facsimile: 916.646.5696 5 Attorneys for Defendants 6 RICHARD KIRK RUYBALID, individually and dba CA CONSTRUCTION; and R4C0RP., INC. 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 11 RODNEY ABBOTT and FLORENTINE CaseNo. 07AS04450 ABBOTT, 12 DECLARATION OF GREGORY K. Plaintiffs, FEDERICO IN SUPPORT OF 13 DEFENDANTS' MOTION IN LIMINE NO. V. 3 TO EXCLUDE TESTIMONY OF 14 PLAINTIFFS' EXPERT JAMES RONALD PAUL BRITSCHGI, et al.. DILLINGHAM REI.ATWG TO THE 15 EXISTENCE OF DEFECTS NOT Defendants. PERSONALLY OBSERVED OR TESTED 16 Action Filed: September 24, 2007 17 Trial Date: January 17, 2011 18 Time: 8:30 a.m. Location: Department 43 19 AND ALL RELATED CROSS-ACTIONS. 20 21 I, Gregory K. Federico, hereby declare as follows; 22 1. At all times relevant, I have been an attomey licensed to practice law in the State 23 ofCalifomia and I am an associate with the law firm of Archer Norris, counsel ofrecord for 24 Defendants RICHARD KIRK RUYBALID, individually and dba CA CONSTRUCTION 25 (hereinafter "CA CONSTRUCTION") and Defendant R4C0RP., INC. (hereinafter "R4C0RP") 26 (hereinafter collectively "Defendants"). As such, I am personally familiar with the files in this 27 matter and all the documents contained therein. I have personal knowledge ofthe matters stated 28 NIC549/1058676-1 DECLARATION OF GREGORY K FEDERICO IN SUPPORT OF DEFENDANTS' MOTION IN LIMINE NO 3 1 herein and, if called as a witness, could and would competentiy testify thereto. 2 2. Attached hereto as Exhibit-A to this declaration are true and correct copies as 3 maintained in our office files in this matter ofthe excerpts ofthe deposition testimony of 4 Plaintiffs' expert, James Dillingham, P.E., taken April 27, 2009, in this matter. 5 ^ I declare under penalty of perjury under the laws of the State of Califomia that the foregoing is tme and correct and that this declaration was executed in Sacramento, California, on 8 December ^ ,2010. 10 Gregory K. Federico 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 N1C549/I058676-1 " 2 DECLARATION OF GREGORY K. FEDERICO IN SUPPORT OF DEFENDANTS' MOTION IN LIMINE NO 3 1 PROOF OF SERVICE 2 Nameof Action: Rodney Abbott, et al. v. Ronald Paul Britschgi, et al. Court and Action No: Sacramento County Superior No. 07AS04450 3 I, Cindy A. Ingland, declare that I am over the age of 18 years and not a party to this 4 action or proceeding. My business address is 301 University Avenue, Suite 110, Sacramento, Califomia 95825. On December 6, 2010,1 caused the following document(s) to be served: 5 DECLARATION OF GREGORY K. FEDERICO IN SUPPORT OF DEFENDANTS' 6 MOTION IN LIMINE NO. 3 TO EXCLUDE TESTIMONY OF PLAINTIFFS' EXPERT JAMES DILLINGHAM RELATING TO THE EXISTENCE OF DEFECTS 7 NOT PERSONALLY OBSERVED OR TESTED 8 1x1 ^y placing a true copy ofthe documents listed above, enclosed in a sealed envelope, addressed as set forth below, for collection and mailing on the date and at the business address showoi above following our ordinary business practices. I am readily familiar IQ with this business' practice for collection and processing of correspondence for mailing with the United States Postal Service. On the same day that a sealed envelope 11 is placed for collection and mailing, it is deposited in the ordinary course ofbusiness with the United States Postal Service with postage fully prepaid. 12 r~j By having a true copy ofthe document(s) listed above transmitted by facsimile to the l-' person(s) at the facsimile number(s) set forth.below before 5:00 p.m. The transmission . . was reported as complete without error by a report issued by the transmitting facsimile machine. 15 I I By placing a true copy ofthe document(s) listed above, in a box or other facility 16 regularly maintained by UPS, an express service carrier, or delivered to a courier or driver authorized by the express service carrier to receive documents, in an envelope 17 designated by the express service carrier, with delivery fees paid or provided for, addressed as set forth below. 18 19 n bv havinR personal deliverv bv FIRST LEGAL SUPPORT SERVICES a true copy of the document(s) listed above, enclosed in a sealed envelope, to the person(s) and at the 20 address(es) set forth below. 21 [SEE ATTACHED SERVICE LIST] 22 I declare under penalty ofperjury that the foregoing is tme and correct. Executed on 23 December^^<^lJ), at Sacramento, Califomia. 24 25 INDY A. INGLAND 26 27 28 N1C341/608293-1 PROOF OF SERVICE 1 Service List 2 Stephanie Finelli PLAINTIFFS 3 Law Offices of Stephanie J Finelli 1007 Seventh Street, Suite 500 Tel (916)443-2144 4 Sacramento, CA 95814 Fax:(916)443-1511 E-mail sfinelli700(gyahoo com 5 Richard D Sopp Counsel for CADRE DESIGN GROUP, INC. 6 Wheatley Sopp LLP 1004 River Rock Drive, Suite 245 Tel (916)988-3857 7 Folsom, CA 95630 Fax:(916)988-5296 Email rds@mwsblaw com 8 Mark Smith In Pro Per 9 8549 Willow Valley Place Granite Bay, CA 95746 10 Richard W Freeman Counsel for R4C0RP 11 Scott S Brooks WOOD SMITH HENNING & BERMAN LLP Tel. (925) 356-8200 12 1401 Willow Pass Road, Suite 700 Fax: (925) 356-8250 Concord, CA 94520-7982 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 N1C341/608293-1 2 SERVICE LIST EXHIBIT A James Dillingliam, P.E April 27, 2009 Page 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SACRAMENTO RODNEY ABBOTT, FLORENTINE ABBOTT, Plaintiffs, CASE NO. 07AS04450 vs. RONALD PAUL BRITSCHGI, et al.. Defendants. AND RELATED CROSS-ACTIONS. DEPOSITION OF JAMES DILLINGHAM, P.E. April 27, 2009 10:19 a.m. 655 University Avenue Suite 225 Sacrainento, California Teresa C. McKinney, CSR-1008 9 EXHIBIT-L/ c J.^—^^.s»«>il»^^Ai..i^»fi'hf*c=5a. ci d409bc04-a327-444a-8b79-dc60afa28340 James D i l l i n g l i a m , P.E. A p r i l 27, 2009 Page 2 Page 4 APPEARANCES OF COUNSEL For lhe Pkumiffs 1 INDEX TO EXHIBITS LAW OFFICE OF STEPHANIE J RNELU 2 STEPHANIE J F1\ELL1.ESQ Suie SOO 3 Exhibit Description Page 1007 7th Strcci 4 Sacramemo, Califomia 9S8I4 916 4')3 2144 5 EX 91 Notice of Taking Expert Witness 916443 1511 Fax Deposition and Request for For CA Constniction 6 ProductionofDocuments 9 7 EX 92 Plaintiffs' Expert Witness ARCHERNORRIS GREGORY K FEDERICO. ESQ Disclosure and Expert Witness and 8 Declaration 19 TODD A. JONES, ESQ Suite 223 9 EX 93 Three-page document of 635 Univcracy A\xnuc Deflection Limit Graphs 22 Sacrainento, California 95823 10 9I6646 24S0 916 646 3696 Fax 11 For Ronald Bmschgi- 12 LUNDGREN & REYNOLDS LLP 13 CRAIG N LUNDGREN, ESQ. 14 Suite A 424 2nd Strcct 15 Davis. California 95616 530 297 50.10 16 530 297 5077 Fax 17 18 For Cadre Design, Inc • 19 MALONEY, WHEATLEY. SOPP & BROOKS. LLP 20 RICHARD D SOPP, ESQ Suite 245 21 1004 R m r Rock Dnve Folsom, California 95630 22 916 988 3857 23 Also Preseni 24 Flo Abbon 25 Page 3 Page 5 1 INDEX OF EXAMINATION 1 DEPOSITION OF JAMES DILLINGHAM, P.E. 2 2 April 27,2009 3 WITNESS: JAMES DILLINGHAM, P.E. 3 4 EXAMINATION PAGE 4 JAMES DILLINGHAM, P.E., 5 By Mr. Federico 5 5 having been first duly swom, testifies as follows: 6 By Mr. Lundgren 45 6 EXAMINATION 7 By Mr. Sopp 86 7 BY MR. FEDERICO: 8 By Mr. Federico 92 8 Q. Goodaftemoon, Mr. Dillingham. My name is 9 By Mr. Lundgren 94 9 Greg Federico, and ] represent a company called CA 10 10 Construction in this matter I just want to start out: 11 11 Have you ever had your deposition taken before? 12 12 A. Ihave, yes. 13 13 Q. For the record, can I have you state and 14 14 spell your name? 15 15 A. Sure, my name is James Dillingham. It's 16 16 J-a-m-e-s, D-i-1-l-i-n-g-h-a-m. 17 17 Q. And can I have you state your address for the 18 18 record, please? 19 19 A. My business address? 20 20 Q. Sure. 21 21 A. 4260 Motherload Drive, Suite Number 3 in 22 22 Shingle Springs, Califomia 95682. 23 23 Q. You had indicated you had your deposition 24 24 taken before. How many times? 25 25 A. I believe it's four. 2 ( P a g e s 2 t o 5) d409bc04-a327-444a-8b79-dc60afa28340 James Dillingham, P.E A p r i l 27, 2009 Page 6 Page 8 3 1 Q. Do you feel comfortable with the ground rules 1 A. She j ust updates me on the status of the • 2 or would you like me to go over some ofthem? 2 case, and that's roughly it. I kind of clarified to her \ 3 A. I'm comfortable. 3 what my position is as a structural expert. And then ] 4 Q. What type of cases have you provided testi- 4 she describes to me what she knows is gomg on from the ] 5 mony in during a deposition? 5 other experts. ^ 6 A. I've testified on water penetration cases, 6 Q. Have you had any contact with Ms. Finel 1 i 5 7 both civil and just related to a plugging of a pipe by a 7 during this time period as well? ; 8 root. And secondly, IVe been testifying on structural 8 A. Yes. Over the last three or four months I've '. 9 (iefect cases which are related to just defects in 9 talked to Stephanie. i 10 improperly designed homes. 10 Q. Are you being paid directly by Ms. Abbott or ' 11 Q. So those are the only types of cases you 11 by Ms. Finelli? J 12 testified on? 12 A. Well, Ms. Abbott paid me for my site visit 13 A. That's correct 13 charge, and that's the only billing I've had so far. 14 Q. Have you ever testified in court before? 14 Q. What is your houriy rate for deposition ' 15 A. No. 15 testimony? 16 Q. Have you ever testified in any Contractor's 16 A. 250. \ 17 State Licensing Board proceedings? 17 Q. Do you have a different rate for any other ', 18 A. No. IB type of work that you might do on the case? 19 Q. You said there were four times that you had 19 A. Yeah, 150 for other work. ; 20 testified before? 20 Q. What type of work would that be? 21 A. That's correct. 21 A. Well, 1 haven't done any yet. And I don't 22 Q. Were you hired by the Plaintiffs or the 22 know ifl need fo do any, but it would be investigative ,- 23 Defendants in that case? 23 work of plans or materials. 24 A. The Plaintiffs. 24 Q. You said your site visit was two years ago. 25 Q. Each time that you testified, it's been for 25 So it was some time-- do you remember what time of year \ Page 7 Page 9 ^ 1 the Plaintiffs? 1 in 2007 it was? 2 A. That's correct. 2 MS. FINELLI: I think that misstates. He can : 3 Q. Have you ever been retained by Ms. Finelli 3 clarify. f 4 before? 4 THE WITNESS: Yeah, I'm not exactly sure when ; 5 A. No. 5 it was. It was in 2007. You know, 1 could look at my \ 6 Q. Were you first contacted by Ms. Finelli or by 6 books andfigureout the exact date. ] 7 Ms. Abbott? 7 BY MR. FEDERICO: \ 8 A. Ms. Abbott. 8 Q. During your site visit did you do any testing .; 9 Q. When did she first contact you? 9 on the structure? • 10 A. Almost two years ago now, I believe. 10 A. No, I did not. i 11 Q. Did she call you up? 11 Q. Have you been asked to do any testing on the •• 12 A. Yes. She called me up and had me do a site 12 structure? ^ 13 visit. I went out to her house, and that was the only 13 A. No. 1 haven't : 14 time I've actually been to her house was that one time. 14 MR. FEDERICO: Let's go ahead and mark this • 15 And I witnessed the as built construction, and she 15 next in order. i 16 showed me the plans. Since that time I've just been 16 [Exhibit 91 was marked for identification]. ^ 17 having phone conversations with her as she's updated me 17 BY MR. FEDERICO: I 18 with the progress ofthe condition on her house. 18 Q. I've handed you what's been marked as Exhibit } 19 Q. Can you give me an approximation of how many 19 91, the Notice of Taking Expert Deposition on Oral 20 phone calls you had with her? 20 Examination and Request for Documents. Do you recognize ] 21 A. I'd say she's checked in with me every month 21 this documenf? 22 and a half, two months - I'd get a call from her — 22 A. Yes. ? 23 over the last two years. 23 Q. You were provided this document? : 24 Q. What generally do you talk about in those 24 A. Yes. j 25 conversations? 25 Q. And ifyou tum to Page 2 there's a series of = 3 (Pages 6 t o 9) d409bc04-a327-444a-8b79-dc60afa28340 James D i l l i n g h a m , P.E A p r i l 27, 2009 Page 10 Page 12 documents and items that I requested that you bring with 1 A. It was in earth science. you, ifyou possessed any, to this deposition Have you 2 Q. And you said between your time at UC Santa brought any of those referenced items? 3 Cruz and then at Cal Poly you did two years of con- A. No. But you know, I've really done no review 4 struction? of this job. I'm here as a structural expert, so I'm 5 A. It was more like four years. here to talk about fixes to the jobs and what you can do 6 Q. What type of construction? to rectify the situation structurally. 7 A. Framing mostly. Framing and foundation work. As far as what 1 know aEout the job, the 8 Q. Do you have any construction licenses? problem lies in the grading. So you basically have to 9 A. 1 do. 10 bring that whole garage slab up about tour teet m order 10 Q. What type of licenses? 11 to do that. The question is what do you do with the 11 A. Class B. 12 garage? And it's my opimon that the garage should be 12 Q. When did you get that? 13 rebuilt at that time. 13 A I got that in 1 think 2003. 14 Q. We're going to get into all those opinions 14 Q. So you got that after you did your Master's 15 here in a little bit. For the record, I just want to 15 at Cal Poly? 16 make sure: Have you reviewed this list of documents? I 16 A. Yeah, I was in the process, and 1finallygot 17 mean, you can take some time ifyou need to, 17 it just after I graduated. 18 A. 1 haven't reviewed anything on this job, but 18 Q. So during that four years between Santa Cruz 19 that site visit. 19 and Cal Poly were you working for a company that did 20 Q. Did you read this document though to make 20 framing or foundation work? 21 sure you didn't have any ot those documents thaTybu 21 A. Correct, different general contractors. 22 could bring to this deposition? 22 Q What location was this? 23 A. Yeah. I did not bring my billings. I think 23 A. It was in Jackson, Wyoming; Lake Tahoe, Santa 24 that would be the one thing that would apply, and that 24 Cruz; and the San Luis Obispo area, 25 would be the billing for my site visit which was a $300 25 Q. What type offoundations did you pour? Or Page 11 Page 13 1 billing. 1 did you pour any foundations? 2 Q. So you were there approximately two hours 2 A. Yeah. 3 then at your $150 an hour rate? 3 Q. What type? 4 A. Yeah, that was approximately two hours. 4 A. Slab foundations, mat foundations. I have 5 Q. Do you have a professional resume by any 5 experience with some post tension foundations too. I've 6 chance? 6 done - now as an engineer I've been involved with all 7 A. Yes^ 7 types offoundations. 8 Q. Did you bring it with you? 8 Q. So then after you got your Master's - in 9 A. I did not. 9 2002; correct? 10 Q. Would you briefly take me ~ when did you 10 A. Uh-huh. 11 graduate from high school? 11 Q. What did you do after that? 12 A. In 1991. 12 A. 1 went to work in Shingle Springs for Carlton 13 Q. Did you go to college? 13 Engineering. 14 A. I did. 14 Q. What kind of work does Carlton Engineering 15 Q. Where did you go to college? 15 do? 16 A. I went to UC Santa Cruz. 1 did a Bachelor's, 16 A They're multifaceted, bul I was specifying in 17 graduated in '95. And then I worked in construction for 17 their structural department 18 a few years, then went back to Cal Poly in San Luis 18 Q. Would you work on primarily commercial 19 Obispo and got a Master's degree in civil engineering. 19 projects or residential projects? Both? 20 MR. LUNDGREN: When was that? 20 A. Actually it was all commercial there. 21 THE WITNESS: In 2002. 21 Q. What were your duties at Cariton Engineering? 22 MR. SOPP: 2002? 22 A. Project engineer. 23 THE WITNESS: That's correct. 23 Q. So someone would hire Cariton Engineering for 24 BY MR. FEDERICO: 24 a particular project and you would - 25 Q. What was your Bachelor's in at UC Santa Cruz? 25 A. Perform the project 4 (Pages 10 to 13) d409bc04-a327-444a-8b79-dc60afa28340 James Dillingham, P.E A p r i l 27, 2009 Page 14 Page 16 1 Q. Have you taught or done any lecturing in 1 A. It was at least a year ago, 1 would say. Flo \ 2 engineering topics? j2 was calling me and letting me know that she was going to X 3 A. No. 3 pursue it and asking me ifl was interested in being her • 4 Q. Any military experience? 4 structural expert i 5 A. No. 5 Q. Haveyouhadanycontact withany ofthe~do ; 6 Q. So how long were you at Carlton Engineering? 6 you know any of the other experts that have been I 7 A. Between a year and a half and two years. 7 retained by Ms. Abbott? ; 8 Q. Where did you go after that? 8 A. Not personally. 1 have spoken with a man * 9 A. 1 started a company with a partner, my 9 named Skip who's an owner/builder representative, on the Q 10 current company D&Z Structural Engineering. IU phone. % 11 Q. Who's your partner? 11 Q. That's Mr. Weahunt; correct? | 12 A. Jason Zwinggi. And he left two and a half 12 A. I'm not sure what his last name is. I talked > 13 years ago. I bought him out. 13 to him about the expert who was in charge of the subsite } 14 Q. How do you spell that? 14 plan and what his findings were. And that's mainly what ^ 15 A. Z-w-i-n-g-g-i. 15 we were talking about Just the general gist of the i 16 Q. Now you're the sole owner of D&Z? 16 case as related to the garage itselt being too low, the ij 17 A. That's correct 17 driveway being too steep. And then he also mentioned •; 18 Q. Do you do the same type of work that you were 18 that there might be rumor of uncompacted fill that the ' 19 doing at Carlton Engineering? 19 actual garage was built on top of. And I mean, just j 20 A. Yes, except we do residential work as well. 20 from being in the industry 1 know what that means. 21 Q When did you start doing residential work? 21 Q. What does that mean? \ 22 Was it just with D&Z or ~ 22 A. That means that there wasn't certified fill M 23 A. I had a little bit ofexperience at Carlton 23 when the grader was doing it I'm very surprised that \ 24 with it about a couple houses. And then ever since we 24 the County let that slip by. But when you've got a r 25 had D&Z we've always done residential. 25 buildingonuncertifiedfill, the only thing you can do [, Page 15 Page 17 f| 1 Q Any particular type of residential? 1 mean 1 to rectify it is to remove it and replace it and { 2 like custom homes versus track homes? Both? 2 re-compact that fill. J 3 A. All of it 3 Q. When you say "re-certified fill," what do you r 4 Q. So you said that Ms Abbottfirstcontacted 4 mean? \ 5 you roughly two years ago; correct? 5 A. I mean when you create fill on a project, you j! 6 A. Uh-huh, yes. 6 need to have it compacted and you need a soils engineer • 7 Q. Did she give you like a particular assignment 7 there testing compaction on every lift that you do which 1 8 that she wanted you to work on? 8 are typically about sbc inches. So you come up six « 9 A. No. 9 inches with dirt. You compact it. You have the soils i 10 Q. Did she convey to you what the scope ofyour 10 engineer come out there and test it and make sure that i 11 retention would be? 11 compaction is suitable. 12 A. Yes. 12 Jf it's not suitable, then that contractor j 13 Q. What was that? 13 gets to re-do that lift. Well, if the contractor \ 14 A. The scope of mv retention is iust to talk 14 decides to build up soil without a soils engineer, he's \ 15 about the structural capacity of the house itself and 15 breaking the code. And then ifhe doesn't do it j 16 the garage in particular. 16 correctly, then you're really in trouble because you 5 17 Q. Did she indicate to you at that point in time 17 have to rip it out and re-do it. \ 18 whether 1 itigation was in process? 18 Now, if he does it and he does it correctly, ' 19 A . l don't remember if she did at that time. 19 it can be tested to see if it actually meets compaction. | 20 She might have told me in previous conversations on the 20 Then that's an investigation that needs to be done by a 1 21 phone that it was her intention- she might have been at 21 soils engineer. ; 22 that time trying to settle with the contractor. I'm not 22 Q. When you use the word "fill," are you making \ 23 sure. 23 any distinction between - can fill be dirt? Can it be ] 24 Q. When did youfirstfindout that this matter 24 rock? Can it be one or the other? Do you understand ^ 25 was going to go into litigation? 25 what I'm saying? \ 5 (Pages 14 t o 17) d409bc04-a327-444a-8b79-dc60afa28340 James Dillingham, P.E. A p r i l 27, 2009 Page 18 Page 20 1 A. Well, the fill actually needs to be approved 1 providing a plan of repair and then actually getting 2 by the soils engineer. 2 bids to get a firm cost. 3 Q. R i ^ t . 3 Q. Outside ofthese areas that are listed here 4 A. So he's going to say whether or not he likes 4 in Paragraph 4. are there anv other areas that vou plan 5 the material that the contractor is using. Ifhe 5 to offer opinions about? 6 doesn't like it, the contractor needs to find other 6 A. m 7 material. 7 Q. Have you prepared a report? 8 Q. Can rock then be considered fill? 8 A. No. 9 A. Ifthe soils engineer allows it I mean 9 0 . Have vou been asked to prepare a report? 10 there's fill that's self-compacting rock, but it's a 10 A. No. 11 specialty material that you need to order. It's rock 11 Q. Have you been asked to not prepare a report? 12 that compacts itself 1 don't believe that's what's 12 A. No. 13 been used here. 1 think when you're talking about 13 0 . You brought some documents there with vou to 14 moving around dirt on a site, you're talking about 14 the deposition. Can you describe what documents you 15 taking the native and re-compacting it. Well, thaf s 15 brought? 16 going to be only allowable ifthe soils engineer takes a 16 A. Sure. These are documents that my office has 17 look at that native and he's okay with it. 17 generated on wall studs to aid us in our designs of 18 Q. You said if s a special type of rock. What's 18 houses. It gives you an idea of how tall a wall stud 19 the type of rock that needs to be used? 19 you can actually have. And I brought copies for you 20 A. Typically I think it's a three quarter inch 20 guys too. There's a copy for you (indicating). 21 round material that is usually granite based or some 21 Q. Thank you. 22 hard stone base. 22 A. These ones basically show you ~ I can go 23 0 . Since vou started having discussions with 23 through them step by step. The top chart is based off a 24 Ms. Finelli, have you been given any limits to your 24 two-by-six wall. And standard spacing of walls is 25 assignment or qualifications from what Ms. Abbott had 25 typically sixteen inches on center. When it says Page 19 Page 21 1 told you eariier? 1 deflection criteria limit now that's based off the 2 A. No, just that I was going to be the 2 siding that you put on the house. 3 structural expert on this case. 3 For L over 360 that's a tighter deflection 4 MR. FEDERICO: Let's mark this as Exhibit 92. 4 criteria, and it directly correlates to having stucco. 5 [Exhibit 92 was marked for identification.] 5 So ifyou had siding instead of stucco, you'd be on the 6 BY MR. FEDERICO: 6 lower chart which would be L over 240. That's basically 7 Q. Have you seen that document? 7 in reflection to when the wind is actually hitting the 8 A. No. 8 wall, how much the wall is actually bowing back and 9 Q. Take a second and look through it 9 forth. 10 [Witness reviews document ] 10 So what this chart tells you is that ifyou 11 BY MR. FEDERICO: 11 have stucco, then you basically get to go up to about a 12 Q. If this matter were to go to trial, do you 12 thirteen foot tall wall before you need to start think- 13 intend to offer opinions on the structure ofthe house? 13 ing about going to manufactured studs or actually 14 A. Yes 14 switching to a two-by-eight wall instead of a two-by-six 15 Q. And the structure ofthe garage? 15 wall. So the reason why I brought this was to emphasize 16 A. Yes. 16 that what we have is I think at least a sixteen foot 17 Q. Will you offer opinions on whether the house 17 tall garage wall. 18 or garage are structurally sound? 18 And we've got noticeable stucco cracks on the 19 A. Yes. 19 outside. Well, that's because those studs are not 20 Q. Will you offer opinions on the manner in 20 capable by code to resist that wind force. And that 21 which they could and/or should be repaired or replaced? 21 would indicate that the walls themselves — you know. 22 A. Yes. 22 not only do you have to raise the whole floor up, but in 23 Q. And the cost of that repair and replacement? 23 fact by raising the whole floor up, you're going to be 24 A. Yeah, lean sort of add on that 1 would not 24 back to that correct hei^t that the original engineer 25 be the main person. I would think you'd be actually 25 thought the garage. It was twelve or thirteen foot tail 6 (Pages 18 t o 21) d409bc04-a327-444a-8b79-dc60afa28340 James D i l l i n g h a m , P.E A p r i l 27, 2009 Page 22 Page 24 ; 1 studs. That would correct the whole issue ofthe drive- 1 house plans ~ were any of the last dates of revision? 1 2 way, as well as correcting the structural problem. 2 A. 1 don't no. 3 Q. You're saying raising it up would correct the 3 Q. Have you reviewed an engineer named Louie j 4 problem with the driveway? 4 Moreno's calculations for the structure? ^ 5 A. Assuming you're leaving the roof in the same 5 A. No,Ihavent. ] 6 heighth; right? Then you're shortening the wall studs 6 MR SOPP: I'm Sony, what was that? ^ 7 by raising up the floor with the garage. 7 THE WITNESS: I said, no, I haven't. I 8 Q. Is that your only copy of that document? 8 BY MR. FEDERICO: : 9 A. No. 9 Q. Have you reviewed any of Ms. Abbotfs job ! 10 Q. Can we mark that as an exhibit then? 10 files for the contractors that worked on this project? j 11 A. Yeah, and you can have that one. 11 A. No. 1 12 Q. I've got one, thanks. But the court reporter 12 Q. You mentioned your office helped you prepare 13 will need one. 13 some documents. 1 guess these documents, Exhibit 93; is 14 A. Sure, not a problem. 14 that correct? J 15 MS. FINELLI: 93? 15 A. Thafs correct 16 THE REPORTER: Yes. 16 Q. So do you have other people in your office ^ 17 [Exhibit 93 was marked for identification]. 17 that are working with you on this case? • 18 BY MR. FEDERICO: 18 A. No. This is something that we have for our ? 19 Q. So you said that you had a couple years ago 19 own design purposes, and sol just printed it out and I 20 been contacted by Ms. Abbott and you did a site inspec- 20 brought it for this case. ': 21 tion. Did you take measurements during that site 21 Q. Do you have an assistant that's been helping 1 22 inspection? 22 you on this project? ; 23 A. 1 did not, no. 23 A. On this case? No. ; 24 Q. So how do you know the wall's sixteen feet? 24 Q. So 1 want you to take me through the indivi- i 25 A. 1 don't actually know that it is sixteen 25 dual problems that you recognize with Ms. Abbott's home. ; Page 23 Page 25 ; 1 feet It needs to be verified. But I know that it's at 1 A. Okay. ; 2 least sixteen teet trom standing there because it was 2 Q. Let's start with the first one. '; 3 well over my head. 3 A. Well, now, the individual problems that are ; 4 Q. So after that initial phone call and site 4 outside ofthe structural, other than the height of \ 5 inspection and then your subsequent calls with 5 these walls that 1 brought up already, and it appears - \ 6 Ms. Abbott, what else if anything have you done on this 6 now, I'm not an expert on grading, but it appears like ; 7 case? 7 the driveway is too steep. And I believe you're going ? 8 A. Nothing. 8 to have an expert who's going to testify on this. And J 9 Q. Have you been provided any documents on this 9 it was evident though by me standing in the garage that ; 10 case? 10 it would have to be a four-by-four truck in order to get 11 A. I haven't no. 11 into that garage with the way that it's pitched. A 12 Q. Any deposition transcripts? 12 normal car would just dive right into the slab of the 13 A. No. 13 garage. ; 14 Q. Any plans? 14 Q. So that's one problem'? ] 15 A. No, other than the ones that 1 reviewed with 15 A. Uh-huh. ; 16 Flo when 1 was at her house. 16 Q. Will you be offering any opinions at time of 17 Q. Do you know whether those were a complete set 17 trial as to grading on the lot? 18 of plans? 18 A. No. ; 19 A. No, I do not. 19 Q. Have you done any research into what [, 20 Q. Did you review a set of the cul-de-sac plans? 20 Sacramento County requires for the slope of a driveway? l 21 A Yes. 21 A. I have not no. i 22 Q. At the same meeting with Ms. Abbott? 22 Q. Are there other problems that you identified 23 A. Yes. 23 with Ms. Abbott's home? 24 Q. Do you remember what on that set of plans 24 A. No, not that I've identified. ^ 25 that you reviewed - not the cul-de-sac plans, but the 25 Q. So what about you? Which problems have you 7 (Pages 22 t o 25) d409bc04-a327-444a-8b79-dc60afa28340 James Dillingham, P.E April 27, 2009 Page 26 Page 28 1 identified within your scope of retention in this case? 1 too low? Is that tied into- 2 A. Well, I believe all I'm here to testify on is 2 A. No, I cannot offer an opinion on that 3 on the repair, given the fact that that slab needs to 3 Q So essentially the only area that you will be 4 come up in height and what manner of repair should be 4 offering opinions is this claim about the wall studs are 5 addressed structurally to repair and rebuild that 5 too tall to meet the deflection nsquirements for stucco? 6 garage. 6 7L! Correct, and it appears that the engineer was 7 Q. So then I guess one problem is that the slab 7 never informed ofthese heights" 8 is too low? 8 Q. What leads say you to believe that the 9 A Correct Now, then the only other really 9 engineer was never informed ofthese heights? 10 serious problem 1 see is it that slab was built on 10 A. Because it wasn't clear in the plans. Andl 11 uncompacted fill. 11 think from what Skip told me the engineer had never been 12 Q. And what would that problem be? 12 on the site before. 13 A. That means the whole garage slab needs to be 13 Q. And this was all firsthand information that 14 removed~and all the soil underneath it removed and 14 Skip knew or is this again information that he received 15 re-compacted. 15 from Mr. Lee? 16" Q. That's because it would be an unstable 16 A. Well. I believe he probably received it from 17 structure, in your opinionV