Preview
FromlLUNDGREN/REYNOLDS 5302975077 07/^2009 18: P.014/026
GINAL
ENDORSED
— If '
CRAIG N. LUNDGREN, State Bar 148842
LUNDGREN & REYNOLDS, LLP
424 2nd Street, Suite A JUL 27 2009
Davis, CA 95616
530.792.8800 L KENNEDY
530.297.5077 (fax) CLERK
Attorneys for Defendant
RONALD PAUL BRITSCHGI
Individually and dba BRITSCHGI CONSTRUCTION
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SACRAMENTO
10 RODNEY ABBOTT and FLORENTINE ) CASE NO. 07AS04450
ABBOTT,
11 ) DECLARATION OF CRAIG N.
Plaintiffs, ) LUNDGREN IN SUPPORT OF
12 ) DEFENDANT BRITSCHGI'S
v. ) OPPOSITION TO PLAINTIFFS'
13 ) MOTION FOR LEAVE TO REOPEN
RONALD PAUL BRITSCHGI, individually ) DISCOVERY
14 and doing business as BRITSCHGI
CONSTRUCTION, RICHARD KIRK ) DATE: 8/7/09
15 RUYBALID, individually and doing business ) TIME: 9:00 A.M.
CA CONSTRUCTION,
as ^A i^urvaIKU\_iiuiN,SURETY
suKti i ; imri: st QV (TAX/
16 COMPANY OF THE PACIFIC, WESTERN ) TRIAL DATE: 6/7/10 DT F/V\
SURETY COMPANY and DOES 1 through 20,)
17 inclusive,
18 Defendants.
19
AND RELATED CROSS-ACTIONS.
20
21
22 I, CRAIG N. LUNDGREN, declare:
23 1. I am counsel for defendant/cross-complainant/cross-complainant RONALD PAUL
24 BRITSCHGI dba BRITSCHGI CONSTRUCTION and am licensed before all of the courts in
25 the State of California.
26 2. This is a case in which extensive discovery has already taken place. Discovery
27 began years ago with the exchange of documents between all parties and informal meetings
28 between counsel. Prior to the entry of Ms. Finelli in this case, I spoke extensively with both
DECL. OF CRAIG N. LUNDGREN IN OPPOSITION TO
FromlLUNDGREN/REYNOLDS 5302975077 07/^/2009 18:20 #062 P.015/026
MS. ABBOTT and her counsel with respect to the ABBOTT'S factual contentions. We also
exchanged all documents through informal discovery.
3. Since Ms. Finelli, counsel for plaintiffs entered the case, plaintiffs have engaged in
a systematic and complete discovery program into all aspects of the case. Counsel for
4 1
plaintiffs has deposed percipient witnesses associated with each of the defendants. In
particular, Ms. Finelli deposed, Mr. Britschgi and Pete Atchisen, who worked for Kirk
Ruybalid. Defendants have deposed other percipient witnesses involved in the case
8 including Mr. Albert Sanchez of Cadre Design Group, Inc., Dennis Youngdahl of Youngdahl
and Associates, Luis Moreno, P.E., and Don Marinovich of the Contractors State Licensing
10 Board. Plaintiffs were each deposed for two days. All percipient witness depositions were
11 completed. In total, eight percipient witnesses have been deposed, some for multiple days.
12 4. Expert discovery was completed. All of plaintiffs' experts have been deposed.
13 Plaintiffs elected not to depose any of the experts identified by any of the defendants.
14 5. I took the depositions of plaintiffs experts and am fully familiar with the
15 testimony that was offered. Plaintiffs' expert contractor, Skip Weahunt testified as to
16 existence of cracks in the house. He also testified that the felt there were cracks in the
17 foundation of the house due to inadequate compaction.
6. Plaintiffs' expert landscape architect, James Robert Lee testified that there
19 were problems due to .compaction as well.
20 7. Plaintiffs' expert appraiser Linda Molinari based her valuations in part on the
21 existence of these deficiencies in plaintiffs home.
22 8. Plaintiff RODNEY ABBOTT testified that he was concerned that the cracking
23 he saw in the garage. He also testified that he knew that his experts were concerned about
24 compaction.
25 9. Attached as Exhibit A are true and correct copies of cited portions of the
26 deposition of FLORENTINE ABBOTT.
27 10. Attached as Exhibit B are true and correct copies of cited portions of the
28 deposition of Pete Atchisen.
DECL. OF CRAIG N. LUNDGREN IN OPPOSITION TO
FromlLUNDGREN/REYNOLDS 5302975077 07/W2009 18:20 #062 P.016/026
i I declare under penalty of perjury that the foregoing is true and correct and if called as
2 a witness, I could testify competently thereto.
3 Executed tills 27th day of July, 2009, at Davis, California.
4
CRAIG N. L%OTGREN
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DECL. OF CRAIG N. LUNDGREN IN OPPOSITION TO
FromlLUNDGREN/REYNOLDS 5302975077 07/97/2009 18:20 #062 P.017/026
EXHIBIT A
FromlLUNDGREN/REYNOLDS 5302975077 07An/2009 18:21 #062 P.018/026
Certified Copy
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SACRAMENTO
RODNEY ABBOTT and FLORENTINE
ABBOTT,
Plaintiffs,
CASE NO.
vs. 07AS04450
RONALD PAUL BRITSCHGI, individually
and dba BRTTSCHGICONSTRCTUION,
RICHARD KIRK RUYBALID, individually
and dba CA CONSTRUCTION, SURETY
COMPANY OF THE PACIFIC, WESTERN
SURETY COMPANY, and DOES 1 through
20, inclusive,
Defendants.
DEPOSITION OF
FLORENTINE ABBOTT
December 15, 2008
2151 River Plaza Drive, Suite 300"
Sacramento, California
Terri Tavita, CSR No. 11962
Toll Free: 800.300.1214
Facsimile: 916.446.2777
ESQUIRE
DEPOSITION SERVICES'
\J L S O
SERVICES LLC
Suite 300
2151 River Plaza Drive
Sacramento, CA 95833
www.paulsonreporting.com
From'.LUNDGREN/REYNOLDS 5302975077 07/°~"2009 18:21 #062 P.019/026
Florentine Abbott December 15, 2008
94
1 drainage other than what you just described?
2 A Nope.
3 Q What about soil compaction? You
4 indicated one of the defects you found was soil
1
5 compaction., Can you tell me what you mean by that?
6 A I'm not sure. That was a conversation
7 with the county.
8 Q I don't know what you're talking about.
9 Did you have a conversation with someone
10 from the county about soils compaction?
11 A They believe the laws were violated by
12 the contractor that set the foundation.
13 Q Who did you speak to from the county?
14 A Chuck Iniquez.
15 Q How do you spell the last name?
16 A I-n-i-q-u-e-z, I believe.
17 Q . I-n-i --
18 A -- q-u-e-z.
19 Q When did you speak with Chuck Iniquez?
20 A It's been about two months ago.
21 Q Did you seek him out? x "—~~
i
22 MS. FINELLI: Vague.
23 THE WITNESS: No.
24 BY MR. LUNDGREN:
25 Q How did you come to speak to Chuck
Toll Free: 800.300.1214
Facsimile*: 916.446.2777
ESQUIRE L S O 1ST Suite 300
REPORTING & LITIGATION SERVICES. U.C 2151 River Plaza Dnve
DEPOSITION SERVICES*
Sacramento, CA 95833
www.paulsonreporting.com
FromlLUNDGREN/REYNOLDS 5302975077 07/^/2009 18:21 #062 P.020/026
Florentine Abbott December 15, 2008
110
1 A - That's correct.
2 MS. FINELLI: There is no question.
3 THE WITNESS: That's right.
4 BY MR. LUNDGREN:
5 Q Did Mr. Iniquez opine as to soils
6 compaction issues separate and apart from what Jim had
7 observed?
8 A ( No.
_ .1 —
S Q Who is it that informed you that there
10 was an issue with soils compaction on your home?
11 A If I'm remembering correctly it was
12 Mr. Santiago informed Mr. Iniquez that he believes
13 there was compaction laws violated by contractors, and
14 they would contact the Contractors Board to open an
15 investigation against them.
16 Q What was the compaction issues that
17 Mr. Santiago told you about?
18 A He says -- this is what I believe, he
19 said that -- I'm trying to remember.
20 The foundation contractors should not
21 move more than 350 cubic yards of soil without
22 obtaining a permit, and they should know that. If
23 they did, to their understanding, there was more than
24 350 cubic yards moved and that violates the compaction
25 laws, and could cause structural problems to the
Toll Free: 800.300.1214
Facsimile: 916.446.2777
ESQUIRE U L SO Suite 300
REPORTING ft LITIGATION SERVICES, LLC 2151 River Plaza Drive
DEPOSITION SERVICES* Sacramento, CA 95833
www.paulsonreporting.com
From:LUNDGREN/REYNOLDS 5302975077 07/?7/2009 18:21 #062 P.021/026
Florentine Abbott December 15, 2008
111
1 house. He said it would go out of their hands and on
2 to the Contractors Board which is like two or three
3 weeks ago. .
4 Q It's gone to the Contractors Board to
5 your understanding?
6 A Yes, it has. •
7 Q Do you have any documents that discuss
8 that or in your possession related to that issue?
9 A Yeah, I do, not with me. I just got the
10 letter.
11 MR. LUNDGREN: Counsel, can we get that at the
12 next deposition?
13 MS. FINELLI: I think so. I don't know what
14 that is. I need to look at it. I can't: imagine there
15 would be a problem. Let me take a look at it.
16 BY MR. LUNDGREN:
17 Q And next you said that you didn't -- one
18 of the defects that you had or observed the way the
19' house looks, what was that issue?
20 A Just looks like a house sunk in the
21 ground. You can't see the yard. It has no curb
22 appeal. You can't go up the driveway without being
23 afraid that you're going to run somebody over because
24 you can't see.
25 Q And then the stairs issue, I guess we'
Toll Free: 800.300.1214
Facsimile: 916.446.2777
Suite 300
ESQUIRE
DEPOSITION, SERVICES-
L S O 1ST
REPORTING & LITIGATION SERVICES, 2151 River Plaza Drive
Sacramento, CA 95833
www.paulsonreporting.com
From:LUNDGREN/REYNOLDS 5302975077 ' 07./°'7/2009 18:21 #062 P.022/026
EXHIBIT B
FromlLUNDGREN/REYNOLDS 5302975077 07/07/2009 18:21 #062 P.023/026
Certified Copy
THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE County OF SACRAMENTO
RODNEY ABBOTT and
FLORENTINE ABBOTT,
Plaintiffs, ,
vs. CASE NO, 07AS04450
RONALD PAUL BRTTSCHGI,
individually and dba
BRITSCHGICONSTRCTUION,
RICHARD KIRK RUYBALID,
individually and dba
CA CONSTRUCTION, SURETY
COMPANY OF THE PACIFIC,
WESTERN SURETY COMPANY,
and DOES 1 through 20,
inclusive,
Defendants.
DEPOSITION OF
PETER LEE ATCfflSON
February 6, 2009
9:35 a.m.
2151 River Plaza Drive, Suite 300
Sacramento, California
Terri Tavita, CSR No. 11962
Toll Free: 800.300.1214
Facsimile; 916.446.2777
Suite 300
ESQUIRE
"^- . \1,A.- if Oul« I.!•<»„.!"
2151 River Plaza Drive
Sacramento, CA 95833
www.esquiresolutions.com
FromlLUNDGREN/REYNOLDS 5302975077 07/91/2009 18:21 #062 P.024/026
Peter Lee Atchlson February 6, 2009
109
1 A' Yes, that is correct.
2 Q What was the purpose of the gravel being
3 brought in?
4 By me or the gravel that was brought in
5 by Flo?
6 Q Was there more than one set of gravel
7 being brought in?
8 A Three times gravel was brought in.
4
9 Q. When was the first time?
10 A First time I had it dropped off, it was
11 for sub base for the slab in the house portion where
12 the slab was going to be placed, and the leftover AB I
13 ordered was for my 4-inch portion of rock that was
14 going to go be used as a sub base for the garage slab
15 that was to be poured.
16 Q What was the second instance of gravel
17 being brought into the Abbott job?
18 A I'm not really sure who ordered it.
19 Somejb_o_dy ordered a bunch of gravel- t.o--be-, pi aced
20 according to this report.
21 Q Was there a problem with how the slab of
22 the garage was being constructed that you needed
23 additional gravel to be brought in?
24 A There was going to be a problem with me
25 placing a slab in that garage with the dirt material
Toll Free: 800.300.1214
Facsimile: 916.446.2777
Suite 300
ESQUIRE
^^- an Alexander Gallo Companj
2151 River Plaza Drive
Sacramento, CA 95833
www.esquiresolutions.com
FromiLUNDGREN/REYNOLDS 5302975077 07/9^/9009 18:26 #062 P.025/026
Peter Lee Atchison February 6, 2009
110 ,—
I that was -on the job that was brought to -- all I know,
2 when I said I need the grading done for that garage, I
3 suggested, I bel-ieve that I suggested I wouldn't put
4 that dirt in there, because I'm going to want that
5 dirt engineered or tested. I'm not going to put a
6 slab and guarantee it.
7 Q Because it would not be correctly
8 compac ted?
9 A That is correct.
10 Q You needed gravel brought in to be used
11 as f i l l , essentially,, in the area underneath where the
12 garage slab was going to go, correct?
13 A Somebody needed gravel brought in.
14 Q Gravel needed to be brought in, correct?
15 A Correct .
16 Q And that was the second instance of
17 gravel being brought into the Abbott property?
18 A That is correct.
19 Q You ment ioned_ a _thjLrxi . When was that?
20 A Can I tell you what month it was in?
21 Q Yes .
22 A January.
23 Q Of ' 06?
24 A That is correct.
25 Q What was the purpose of that gravel?
Toll Free: .800.300.1214
Facsimile: 916.446.2777
Suite 300
ESQUIRE
^*" an Alexander GaUo Company
2151 River Plaza Drive
Sacramento, CA 95833
www.esquiresolutions.com
FrorruLUNDGREN/REYNOLDS 5302975077 07/97/2009 18:26 #062 P.026/026
Rodney Abbott, etaL V. Ronald Paul Britschgi, et aL
Sacramento County Superior Court No. 07AS04450
DECLARATION OF SERVICE
I am a citizen of the United States, over the age of 18 years, and not a party to or
interested in this action. I am an employee of Lundgren and Reynolds, LLP and my business
address is 424 2nd Street, Suite A, Davis, California. On this day I caused to be served the
following document(s):
DECLARATION OF CRAIG N. LUNDGREN IN SUPPORT OF DEFENDANT
BRITSCHGI'S OPPOSITION TO PLAINTIFFS' MOTION FOR LEAVE TO
REOPEN DISCOVERY
8 ^ By placing a true copy, in a sealed envelope, with postage fully prepaid, in the United
States Post Office mail at Davis, California, addressed as set forth below. I am
9 familiar with this firm's practice whereby the mail, after being placed in a designated
area, is given the appropriate postage and is deposited in a U.S. mail box after the
10 close of the day's business.
11 D By personal delivery of a true copy to the person indicated and at the address set forth
below.
12
D By Federal Express Mail to the person and at the address set forth below.
13
By transmitting a true copy by facsimile to the person and at the facsimile number set
14 forth below.
15 Stephanie J. Finelli Attorney for Plaintiffs
Law Office of Stephanie J. Finelli Rodney Abbott, Florentine Abbott
16 1007 Seventh Street, Suite 500
Sacramento, CA 95814
17 FAX (916) 443-1511
18 Gregory K. Federico _ Attorney for defendant, cross-
Archer Norris " Defendant and cross-complainant
19 655 University Avenue, #225 Richard Kirk Ruybalid, individually
Sacramento, CA 95825 and dba CA Construction
20 FAX (916) 646-5695
21 Richard D. Sopp Attorney for cross-defendant and
Wheatley Sopp, LLP cross-complainant
22 1004 River Rock Drive, Suite 245 Cadre Design Group, Inc.
Folsom,CA 95630
23 FAX (916) 988-5296
24 I declare under penalty of perjury under the laws of the State of California that the
25 foregoing is true and correct.
26 Executed on July 27, 2009, at Davis, California.
27
'SHAULA PATCHETT
28
1
Hcraig's client files\bntschgi (abbott v)\pleadmgs\pser doc
Preview
FromlLUNDGREN/REYNOLDS 5302975077 07/^2009 18: P.014/026 GINAL ENDORSED — If ' CRAIG N. LUNDGREN, State Bar 148842 LUNDGREN & REYNOLDS, LLP 424 2nd Street, Suite A JUL 27 2009 Davis, CA 95616 530.792.8800 L KENNEDY 530.297.5077 (fax) CLERK Attorneys for Defendant RONALD PAUL BRITSCHGI Individually and dba BRITSCHGI CONSTRUCTION 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 RODNEY ABBOTT and FLORENTINE ) CASE NO. 07AS04450 ABBOTT, 11 ) DECLARATION OF CRAIG N. Plaintiffs, ) LUNDGREN IN SUPPORT OF 12 ) DEFENDANT BRITSCHGI'S v. ) OPPOSITION TO PLAINTIFFS' 13 ) MOTION FOR LEAVE TO REOPEN RONALD PAUL BRITSCHGI, individually ) DISCOVERY 14 and doing business as BRITSCHGI CONSTRUCTION, RICHARD KIRK ) DATE: 8/7/09 15 RUYBALID, individually and doing business ) TIME: 9:00 A.M. CA CONSTRUCTION, as ^A i^urvaIKU\_iiuiN,SURETY suKti i ; imri: st QV (TAX/ 16 COMPANY OF THE PACIFIC, WESTERN ) TRIAL DATE: 6/7/10 DT F/V\ SURETY COMPANY and DOES 1 through 20,) 17 inclusive, 18 Defendants. 19 AND RELATED CROSS-ACTIONS. 20 21 22 I, CRAIG N. LUNDGREN, declare: 23 1. I am counsel for defendant/cross-complainant/cross-complainant RONALD PAUL 24 BRITSCHGI dba BRITSCHGI CONSTRUCTION and am licensed before all of the courts in 25 the State of California. 26 2. This is a case in which extensive discovery has already taken place. Discovery 27 began years ago with the exchange of documents between all parties and informal meetings 28 between counsel. Prior to the entry of Ms. Finelli in this case, I spoke extensively with both DECL. OF CRAIG N. LUNDGREN IN OPPOSITION TO FromlLUNDGREN/REYNOLDS 5302975077 07/^/2009 18:20 #062 P.015/026 MS. ABBOTT and her counsel with respect to the ABBOTT'S factual contentions. We also exchanged all documents through informal discovery. 3. Since Ms. Finelli, counsel for plaintiffs entered the case, plaintiffs have engaged in a systematic and complete discovery program into all aspects of the case. Counsel for 4 1 plaintiffs has deposed percipient witnesses associated with each of the defendants. In particular, Ms. Finelli deposed, Mr. Britschgi and Pete Atchisen, who worked for Kirk Ruybalid. Defendants have deposed other percipient witnesses involved in the case 8 including Mr. Albert Sanchez of Cadre Design Group, Inc., Dennis Youngdahl of Youngdahl and Associates, Luis Moreno, P.E., and Don Marinovich of the Contractors State Licensing 10 Board. Plaintiffs were each deposed for two days. All percipient witness depositions were 11 completed. In total, eight percipient witnesses have been deposed, some for multiple days. 12 4. Expert discovery was completed. All of plaintiffs' experts have been deposed. 13 Plaintiffs elected not to depose any of the experts identified by any of the defendants. 14 5. I took the depositions of plaintiffs experts and am fully familiar with the 15 testimony that was offered. Plaintiffs' expert contractor, Skip Weahunt testified as to 16 existence of cracks in the house. He also testified that the felt there were cracks in the 17 foundation of the house due to inadequate compaction. 6. Plaintiffs' expert landscape architect, James Robert Lee testified that there 19 were problems due to .compaction as well. 20 7. Plaintiffs' expert appraiser Linda Molinari based her valuations in part on the 21 existence of these deficiencies in plaintiffs home. 22 8. Plaintiff RODNEY ABBOTT testified that he was concerned that the cracking 23 he saw in the garage. He also testified that he knew that his experts were concerned about 24 compaction. 25 9. Attached as Exhibit A are true and correct copies of cited portions of the 26 deposition of FLORENTINE ABBOTT. 27 10. Attached as Exhibit B are true and correct copies of cited portions of the 28 deposition of Pete Atchisen. DECL. OF CRAIG N. LUNDGREN IN OPPOSITION TO FromlLUNDGREN/REYNOLDS 5302975077 07/W2009 18:20 #062 P.016/026 i I declare under penalty of perjury that the foregoing is true and correct and if called as 2 a witness, I could testify competently thereto. 3 Executed tills 27th day of July, 2009, at Davis, California. 4 CRAIG N. L%OTGREN 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECL. OF CRAIG N. LUNDGREN IN OPPOSITION TO FromlLUNDGREN/REYNOLDS 5302975077 07/97/2009 18:20 #062 P.017/026 EXHIBIT A FromlLUNDGREN/REYNOLDS 5302975077 07An/2009 18:21 #062 P.018/026 Certified Copy IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SACRAMENTO RODNEY ABBOTT and FLORENTINE ABBOTT, Plaintiffs, CASE NO. vs. 07AS04450 RONALD PAUL BRITSCHGI, individually and dba BRTTSCHGICONSTRCTUION, RICHARD KIRK RUYBALID, individually and dba CA CONSTRUCTION, SURETY COMPANY OF THE PACIFIC, WESTERN SURETY COMPANY, and DOES 1 through 20, inclusive, Defendants. DEPOSITION OF FLORENTINE ABBOTT December 15, 2008 2151 River Plaza Drive, Suite 300" Sacramento, California Terri Tavita, CSR No. 11962 Toll Free: 800.300.1214 Facsimile: 916.446.2777 ESQUIRE DEPOSITION SERVICES' \J L S O SERVICES LLC Suite 300 2151 River Plaza Drive Sacramento, CA 95833 www.paulsonreporting.com From'.LUNDGREN/REYNOLDS 5302975077 07/°~"2009 18:21 #062 P.019/026 Florentine Abbott December 15, 2008 94 1 drainage other than what you just described? 2 A Nope. 3 Q What about soil compaction? You 4 indicated one of the defects you found was soil 1 5 compaction., Can you tell me what you mean by that? 6 A I'm not sure. That was a conversation 7 with the county. 8 Q I don't know what you're talking about. 9 Did you have a conversation with someone 10 from the county about soils compaction? 11 A They believe the laws were violated by 12 the contractor that set the foundation. 13 Q Who did you speak to from the county? 14 A Chuck Iniquez. 15 Q How do you spell the last name? 16 A I-n-i-q-u-e-z, I believe. 17 Q . I-n-i -- 18 A -- q-u-e-z. 19 Q When did you speak with Chuck Iniquez? 20 A It's been about two months ago. 21 Q Did you seek him out? x "—~~ i 22 MS. FINELLI: Vague. 23 THE WITNESS: No. 24 BY MR. LUNDGREN: 25 Q How did you come to speak to Chuck Toll Free: 800.300.1214 Facsimile*: 916.446.2777 ESQUIRE L S O 1ST Suite 300 REPORTING & LITIGATION SERVICES. U.C 2151 River Plaza Dnve DEPOSITION SERVICES* Sacramento, CA 95833 www.paulsonreporting.com FromlLUNDGREN/REYNOLDS 5302975077 07/^/2009 18:21 #062 P.020/026 Florentine Abbott December 15, 2008 110 1 A - That's correct. 2 MS. FINELLI: There is no question. 3 THE WITNESS: That's right. 4 BY MR. LUNDGREN: 5 Q Did Mr. Iniquez opine as to soils 6 compaction issues separate and apart from what Jim had 7 observed? 8 A ( No. _ .1 — S Q Who is it that informed you that there 10 was an issue with soils compaction on your home? 11 A If I'm remembering correctly it was 12 Mr. Santiago informed Mr. Iniquez that he believes 13 there was compaction laws violated by contractors, and 14 they would contact the Contractors Board to open an 15 investigation against them. 16 Q What was the compaction issues that 17 Mr. Santiago told you about? 18 A He says -- this is what I believe, he 19 said that -- I'm trying to remember. 20 The foundation contractors should not 21 move more than 350 cubic yards of soil without 22 obtaining a permit, and they should know that. If 23 they did, to their understanding, there was more than 24 350 cubic yards moved and that violates the compaction 25 laws, and could cause structural problems to the Toll Free: 800.300.1214 Facsimile: 916.446.2777 ESQUIRE U L SO Suite 300 REPORTING ft LITIGATION SERVICES, LLC 2151 River Plaza Drive DEPOSITION SERVICES* Sacramento, CA 95833 www.paulsonreporting.com From:LUNDGREN/REYNOLDS 5302975077 07/?7/2009 18:21 #062 P.021/026 Florentine Abbott December 15, 2008 111 1 house. He said it would go out of their hands and on 2 to the Contractors Board which is like two or three 3 weeks ago. . 4 Q It's gone to the Contractors Board to 5 your understanding? 6 A Yes, it has. • 7 Q Do you have any documents that discuss 8 that or in your possession related to that issue? 9 A Yeah, I do, not with me. I just got the 10 letter. 11 MR. LUNDGREN: Counsel, can we get that at the 12 next deposition? 13 MS. FINELLI: I think so. I don't know what 14 that is. I need to look at it. I can't: imagine there 15 would be a problem. Let me take a look at it. 16 BY MR. LUNDGREN: 17 Q And next you said that you didn't -- one 18 of the defects that you had or observed the way the 19' house looks, what was that issue? 20 A Just looks like a house sunk in the 21 ground. You can't see the yard. It has no curb 22 appeal. You can't go up the driveway without being 23 afraid that you're going to run somebody over because 24 you can't see. 25 Q And then the stairs issue, I guess we' Toll Free: 800.300.1214 Facsimile: 916.446.2777 Suite 300 ESQUIRE DEPOSITION, SERVICES- L S O 1ST REPORTING & LITIGATION SERVICES, 2151 River Plaza Drive Sacramento, CA 95833 www.paulsonreporting.com From:LUNDGREN/REYNOLDS 5302975077 ' 07./°'7/2009 18:21 #062 P.022/026 EXHIBIT B FromlLUNDGREN/REYNOLDS 5302975077 07/07/2009 18:21 #062 P.023/026 Certified Copy THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE County OF SACRAMENTO RODNEY ABBOTT and FLORENTINE ABBOTT, Plaintiffs, , vs. CASE NO, 07AS04450 RONALD PAUL BRTTSCHGI, individually and dba BRITSCHGICONSTRCTUION, RICHARD KIRK RUYBALID, individually and dba CA CONSTRUCTION, SURETY COMPANY OF THE PACIFIC, WESTERN SURETY COMPANY, and DOES 1 through 20, inclusive, Defendants. DEPOSITION OF PETER LEE ATCfflSON February 6, 2009 9:35 a.m. 2151 River Plaza Drive, Suite 300 Sacramento, California Terri Tavita, CSR No. 11962 Toll Free: 800.300.1214 Facsimile; 916.446.2777 Suite 300 ESQUIRE "^- . \1,A.- if Oul« I.!•<»„.!" 2151 River Plaza Drive Sacramento, CA 95833 www.esquiresolutions.com FromlLUNDGREN/REYNOLDS 5302975077 07/91/2009 18:21 #062 P.024/026 Peter Lee Atchlson February 6, 2009 109 1 A' Yes, that is correct. 2 Q What was the purpose of the gravel being 3 brought in? 4 By me or the gravel that was brought in 5 by Flo? 6 Q Was there more than one set of gravel 7 being brought in? 8 A Three times gravel was brought in. 4 9 Q. When was the first time? 10 A First time I had it dropped off, it was 11 for sub base for the slab in the house portion where 12 the slab was going to be placed, and the leftover AB I 13 ordered was for my 4-inch portion of rock that was 14 going to go be used as a sub base for the garage slab 15 that was to be poured. 16 Q What was the second instance of gravel 17 being brought into the Abbott job? 18 A I'm not really sure who ordered it. 19 Somejb_o_dy ordered a bunch of gravel- t.o--be-, pi aced 20 according to this report. 21 Q Was there a problem with how the slab of 22 the garage was being constructed that you needed 23 additional gravel to be brought in? 24 A There was going to be a problem with me 25 placing a slab in that garage with the dirt material Toll Free: 800.300.1214 Facsimile: 916.446.2777 Suite 300 ESQUIRE ^^- an Alexander Gallo Companj 2151 River Plaza Drive Sacramento, CA 95833 www.esquiresolutions.com FromiLUNDGREN/REYNOLDS 5302975077 07/9^/9009 18:26 #062 P.025/026 Peter Lee Atchison February 6, 2009 110 ,— I that was -on the job that was brought to -- all I know, 2 when I said I need the grading done for that garage, I 3 suggested, I bel-ieve that I suggested I wouldn't put 4 that dirt in there, because I'm going to want that 5 dirt engineered or tested. I'm not going to put a 6 slab and guarantee it. 7 Q Because it would not be correctly 8 compac ted? 9 A That is correct. 10 Q You needed gravel brought in to be used 11 as f i l l , essentially,, in the area underneath where the 12 garage slab was going to go, correct? 13 A Somebody needed gravel brought in. 14 Q Gravel needed to be brought in, correct? 15 A Correct . 16 Q And that was the second instance of 17 gravel being brought into the Abbott property? 18 A That is correct. 19 Q You ment ioned_ a _thjLrxi . When was that? 20 A Can I tell you what month it was in? 21 Q Yes . 22 A January. 23 Q Of ' 06? 24 A That is correct. 25 Q What was the purpose of that gravel? Toll Free: .800.300.1214 Facsimile: 916.446.2777 Suite 300 ESQUIRE ^*" an Alexander GaUo Company 2151 River Plaza Drive Sacramento, CA 95833 www.esquiresolutions.com FrorruLUNDGREN/REYNOLDS 5302975077 07/97/2009 18:26 #062 P.026/026 Rodney Abbott, etaL V. Ronald Paul Britschgi, et aL Sacramento County Superior Court No. 07AS04450 DECLARATION OF SERVICE I am a citizen of the United States, over the age of 18 years, and not a party to or interested in this action. I am an employee of Lundgren and Reynolds, LLP and my business address is 424 2nd Street, Suite A, Davis, California. On this day I caused to be served the following document(s): DECLARATION OF CRAIG N. LUNDGREN IN SUPPORT OF DEFENDANT BRITSCHGI'S OPPOSITION TO PLAINTIFFS' MOTION FOR LEAVE TO REOPEN DISCOVERY 8 ^ By placing a true copy, in a sealed envelope, with postage fully prepaid, in the United States Post Office mail at Davis, California, addressed as set forth below. I am 9 familiar with this firm's practice whereby the mail, after being placed in a designated area, is given the appropriate postage and is deposited in a U.S. mail box after the 10 close of the day's business. 11 D By personal delivery of a true copy to the person indicated and at the address set forth below. 12 D By Federal Express Mail to the person and at the address set forth below. 13 By transmitting a true copy by facsimile to the person and at the facsimile number set 14 forth below. 15 Stephanie J. Finelli Attorney for Plaintiffs Law Office of Stephanie J. Finelli Rodney Abbott, Florentine Abbott 16 1007 Seventh Street, Suite 500 Sacramento, CA 95814 17 FAX (916) 443-1511 18 Gregory K. Federico _ Attorney for defendant, cross- Archer Norris " Defendant and cross-complainant 19 655 University Avenue, #225 Richard Kirk Ruybalid, individually Sacramento, CA 95825 and dba CA Construction 20 FAX (916) 646-5695 21 Richard D. Sopp Attorney for cross-defendant and Wheatley Sopp, LLP cross-complainant 22 1004 River Rock Drive, Suite 245 Cadre Design Group, Inc. Folsom,CA 95630 23 FAX (916) 988-5296 24 I declare under penalty of perjury under the laws of the State of California that the 25 foregoing is true and correct. 26 Executed on July 27, 2009, at Davis, California. 27 'SHAULA PATCHETT 28 1 Hcraig's client files\bntschgi (abbott v)\pleadmgs\pser doc