Preview
1 Todd A. Jones (Bar No. 198024)
tj ones@archemorri s. com
2 Gregory K. Federico (BarNo. 242184)
gfederico@archemorris.com
3 ARCHERNORRIS
A Professional Law Corporation
4 301 University Avenue, Suite 110
Sacramento, Califomia 95825-5537
5 Telephone: 916.646.2480
Facsimile: 916.646.5696
6 J
Attomeys for Defendants and Cross-Defendants
7 RICHARD KIRK RUYBALID, individually, and
dba CA CONSTRUCTION
8
9 SUPERIOR COURT OF CALIFORNIA
10 COUNTY OF SACRAMENTO
11
12 RODNEY ABBOTT and FLORENTINE CaseNo. 07AS04450
ABBOTT,
13 DECLARATION OF TODD A. JONES IN
Plaintiffs, SUPPORT OF NOTICE OF MOTION AND
14 MOTION FOR ATTORNEYS' FEES,
V. EXPENSES AND COSTS
15
CD RONALD PAUL BRITSCHGI, et al.
16 Date: March 18,2011
or Defendants. Time:
Dept:
10:30 a.m.
43
17
O Judge: Brian Van Camp
18
Action Filed: September 24, 2007
19
20 AND RELATED CROSS-ACTIONS.
21
22
I, Todd A. Jones, declare:
23
1. I am a partner with the law firm of Archer Norris, P.C, attomeys of record for
24
Defendant RICHARD K. RUYBALID, individually and dba CA CONSTRUCTION (hereinafter
25
"CA CONSTRUCTION"), on whose behalf I make the following declaration. 1 have personal
26
knowledge ofthe matters herein stated and, ifcalled as a witness, could and would competently
27
testify thereto.
28
NIC34I/I090150-1
DECLARATION OF TODD A. JONES IN SUPPORT OF MOTION
FOR ATTORNEYS' FEES, EXPENSES AND COSTS
1 2. I am lead counsel for CA CONSTRUCTION in this lawsuit. The vast bulk ofthe
2 work at the trial court level was performed by me personally. However, a number of other
3 attomeys and paralegals also performed work for CA CONSTRUCTION. All other work was
4 performed at my direction and under my supervision.
5 3. Attached as Exhibit "A" is a tme and correct copy ofthe contract agreement
6 between CA CONSTRUCTION and Plaintiffs RODNEY and FLORENTINE ABBOTT
7 (hereinafter "Plaintiffs"), which contains a prevailing party attomeys fees, expenses and costs
8 provisions at page 5.
9 4. Trial in this matter commenced on January 18, 2011 and ended on January 28,
10 2011. The Court issued its Notice of Entry of Judgment consistent with the jury's verdict on
11 Febmary 3, 2011.
12 5. Attached hereto as Exhibit "B" are tme and correct copies of generated reports of
13 fees by my law firm in defending CA CONSTRUCTION at the trial court level. The fees cover
14 the time periodfi-omNovember 2,2007 through Febmary 2, 2011. The total amount of
15 attomey's fees incurred through my firm in the defense of CA CONSTRUCTION at the trial
16 court level was $207,494.00.
17 8. CA CONSTRUCTION has incurred $97,489,94 in expenses and costs relating to
18 this case. Costs that are not recoverable under Code ofCivil Procedure §998 are recoverable
19 under the parties' contract, and these costs total $12,934.88. The Code of Civd Procedure §998
20 costs are recoverable under statutory law, and these costs total $84,555.06.
21 9. Attached as Exhibit "C" is a tme and correct copy of CA CONSTRUCTION'S
22 Memorandum of Costs with supporting documentation for expenses and costs.
23 11. The hourly rate charged CA CONSTRUCTION by Archer Norris was $185 for
24 partners and associates, and $100 for paralegals. These rates are more than reasonable and
25 customary in the industry for defense litigation of construction defect lawsuits. I have been
26 pracficing complex lifigafion for over 12 years. I am experienced and skilled in the type of matter
27 involved herein. My hours and billing amounts for work performed are listed below:
28 ///
NIC341/1090150-1 2
DECLARATION OF TODD A JONES FN SUPPORT OF MOTION
FOR ATTORNEYS' FEES, EXPENSES AND COSTS
1 Name Hours Billing Amount
2 Trial
3 Todd A. Jones 278.70 $47,321.50
4 12. A number of Archer Norris attomeys performed work for CA CONSTRUCTION
5 on this complex case. The hourly rate charged for legal work performed by these attomeys
6 ranges is also $ 185.00 per hour, which is a reasonable rate. All work was performed at my
7 direcfion and under my supervision. Exhibits B and C to this Declaration contain all ofthe time
8 entries and billing records in the defense of CA CONSTRUCTION that were generated by my
9 firm. However, the following attomeys performed significant amounts of work on this matter.
10 Their names and respective hours and billing amounts are listed below:
11 Name Hours Billing Amount
12 Trial
13 Jasun MolinelH 95.9 $17,043.50
14 Gregory Federico 664.5 $119,116.50
15 Mike McGuire 13.10 $11,080.00
16 Jason Rose 29.7 $4,964.50
17 Gino Cano 0.9 $166.50
18 Lynette Hoang 3.0 $555.00
19 Lisa Estabrook 0.6 $99.00
20 Wendy Smith 4.8 $792.00
21 13. A number of paralegals, law clerks, and litigation support staff also performed
22 worked on this matter. The hourly rate charged for legal work performed by paralegals and law
23 clerks is $100.00 per hour, which is a reasonable rate. All work was performed at my supervision
24 and direction. The following staff members performed significant amounts of work on this
25 matter. Their names and respective hours and billing amounts are listed below:
26 ///
27 ///
28 ///
NIC341/1090150-1 3
DECLARATION OF TODD A. JONES IN SUPPORT OF MOTION
FOR ATTORNEYS' FEES, EXPENSES AND COSTS
1 Name Hours Billing Amount
2 Trial
3 Quinn Dube (Paralegal) 38.5 $3,769.00
4 Marie Cantrell (Paralegal) 17.3 $1,562.00
5 Patrician Gould (Paralegal) 1.6 $160.00
6 Jonathan S. Lieberman (Summer Assoc.) 7.1 $710.00
7 14. Attomeys and paralegals at my firm worked roughly 1,144.30 hours in total for
8 CA CONSTRUCTION. These rates are equal to or lower than rates charged other clients in the
9 same geographic region for the services ofthese lawyers and staff. In my experience, this is a
10 reasonable number of hours in which to complete the tasks called for in this trial considering that
11 the matter required: numerous depositions of lay and expert witnesses, pre-trial pleadings and
12 appearances, law and motion, visual inspections, mediations/settlement conferences, a two-week
13 jury trial, post-trial activities to obtain and enforce the judgment, and to recover attomey's fees.
14 These hours involved a variety of other tasks, including initial attempts to resolve the matter;
15 researching the background ofthe case; issuing subpoenas; conducting written discovery;
16 conducting research on claims and defenses; preparing for and taking numerous percipient and
17 expert witness depositions; trial preparation including legal research, designating trial exhibits,
18 preparing for witness examinations and preparing opening and closing arguments.
19 15. The work was performed efficientiy and without duplication of effort. It is
20 important to note that while my associate Gregory Federico attended all phases ofthe trial with
21 me, CA CONSTRUCTION is not seeking recovery of Mr. Federico's time spent in trial.
22 16. Archer Norris' hourly rate for attomeys practicing in real estate matters and other
23 commercial litigation has been up to $450 per hour in the past and there are current open matters
24 at that rate. A $185 hourly rate for constmction litigation are a discount from what Archer
25 Norris' lawyers charge for similar matters.
26 ///
27 ///
28 ///
NIC341/I090150-1 4
DECLARATION OF TODD A JONES IN SUPPORT OF MOTION
FOR ATTORNEYS' FEES, EXPENSES AND COSTS
1 I declare under penalty of perjury under the laws of the State of Califomia that the
2 foregoing is tme and correct. Executed this 16th day of Febmary, 2011, at Sacramento,
3 Califomia.
4
5 TODD A. JONES
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
N1C341/1090150-1
DECLARATION OF TODD A JONES IN SUPPORT OF MOTION
FOR ATTORNEYS' FEES, EXPENSES AND COSTS
EXHIBIT "A"
il002
1 0 / 2 2 / 2 0 1 4 0 7 : 1 3 FAX Aaron Olsen PAGE 2/7
•o
Construction CA ConbaetoR Licewe ^36935
GaaetH BvaUhie Contzactny
Proposal
10/24/05
Submitted To: Owner/Builder To Be Performed At:
t odney & Florentine Abbott 8601 Rolling Green Way
3341CorvjnaDr Fair Oaks. Ca 95628
I .ancho Cordova, Ca 95670
851-9707 C Plans dated: u/k
851-9708 F
Project: Foundation
Scope of Wor lc Excavate, fonai, place andfinishconcrete for new home and garage as per plans and
specificatii;».iis.
Builder or buil lers agent shall specify previous to excavation and verify previous to pour, location and elevation
offinishedfloo:, garage slab and piers. Builders certification and approval shall be in writing.
Any structural :ir layout changes shall be documented inspected and approved, CA Construction shall supply and
locate all hold- lown anchors with general contractor.
EKdnsiona: E^ -siything not included herein, included but not Umited to: Drive'Way and apron Porches, patios,
^ " ^ vsraUcways, stoo !»5, Grading or removal of dirtfromsite.
Totat labor an :l material Time & Material + 25% (Not to exceed 853,000)
Schedule of pa |'nients:$I5,000 upon rsquest of footing inspeotioa Balance upon completion ofjob,
Aay un] iiid debts shall be subject to penalties including all legal fees, collection costs, and interest
charges intiwaj iiount of l/365th of 18% compounded daily commcnoing the due date enacted retroactive at 30
days delinquenc |'. AM invoices are due witfain 24 hours upon receipt or as allowed for in "Schedule of payments"
if so included m Ibis contract, and shall be payable at contractors place ofbusiness by 5:00 PM PST ofthe day
following the rei leipt of invoice. Failure to pay as agreed shall constitute a breech of contract at wiiich time
;ontractor shall lease work until the dispute is remedied
Schedule of wo k; Contractor shall coramence and perfonnftewoilc in a timely manor. Work to commence
•within 3 woridnj; days of receipt of contract Project shall reach substantial completion witiiin 15 days of
ijommencement. Contractor shall not be responsible for delays due to oonditions out of our direct control
including but no* linuted to: change orders, building inspections, strikes, weather and unavailability of materials.
.Notice: Failure i D commence work within 20 days ofthe approximate date specified is a violation ofthe
.!}ontractois iittatc License I^w.
1
CA Construction/Valley Cabinets
93 :''2 Pair Oaks Blvd., Fair Oaks, CA 9S628 Ph: 916-962-1206 Fax: 916-962-1640
CAC00013
nninT Tiiir IAII nr » rrn
@|003
10/22/2014 07:14 FAI Aaron Olsen PAGE 3/7
o
Constmction CA ContnctoB Lie«»iB ffS36T3S
Genezal BuldJiqg; Cantiaetor
Responsi bllr / of owner/builder: Cost of permits and any local, state or Federal taxes and fees. It is the
responsibiJity oftiie owner^uilder to provide protection fi-om loss due to. Fire, theft, vandalism and any natural
disasters. The occurrence ofloss does not relieve the buyer ofany financial obUgation to contractor for work
completea or: iiaterials deUvered to job.
W o r k by o ^ irs; Contractor shaU not be responsible for any work pertonned by otber than its employees or
agents.
Wli pn ipose to peiform all the labor and supply all the equipment necessaiy for the completion ofthe
above named t roject as described herein for the total sum stated herein Anv unforeseen costs due to
inacoessibilitv ;luring inspection or additional work requests shall be in writing and will be billed as extras which
are due and pa i^ble npoh their completion.
This quote sha I be valid for 30 days and may be withdrawn without notice at any time before acceptance.
I accept respon libility for payment ofthe work per above schedule. In the event tbat it becomes necessary to
aSeCL any type i)f collection proceedings, I/we hereby agree to reimburse CA Constmction attomey fees and
court costs resv Iting &om such action.
# . ^ ^I have received the required "Notice of right to cancel" and "Notices Required By
' • - ^
(initial) L a w " with this c o n t r a c t
Owner/builder;
- C ^ ^ ^f ^ ' s n ^ ^ Date: /ffJ^^f
Dale; Vc^^jT
/ Oi
ConlTHCtor. ^^Icl^CL^isL fijULijlou^iijL J)ate: 1 0 / ^ , ^ / 0 - ^
lUchard Ruyl)8Jid,' :>BA CA Constmction
CA. Construction/Valley Cabinets
93 i:2 Fair Oalts Blvd., Fair Oaks, CA 95628 Pb: 916-962-1206 Fa.x: 916-9624640
CAC00014
^ 121004
10/22/2014 07:14 FAX . AaronOben PAQE4/7
u
Constmction C&CoBtractoaLice»a #536735
GBBaal Biulduis Cantxaiitoy
Notices Required Bv Law
Please Read Carefttllv
NpTICE TO CWl^ER/BUILDER: Under tiie Mechanics' Lien Law any contractor, subcontractor, laborer, supplier,
or other pcxsoi \vi)o Iielps to improve property and is not paid liis labor, services or material, has the right to oiforce
his claim a gaii lit your propeity tmd to sue you in court to obtain payment. This means that after a.court liearing, your
home, lane!, an :l property could be sold by a court o£5cer and the proceeds ofthe sale used to satisfy -wbat you owe.
This can hiippe ii even ifyou have paid your contractor in fidl ifttie contractor's subcontractors, laborers, or sivplieis
remain un]>ajd To preserve their rigbts to file a claim or Uen against your property, certain claimants such as
subcontiacrors .v mateiial suppUers are eadb required to provide yoa with a document caUed "preliminary notice."
Contractoni anc laborers who contract witii orwnlcte infomation on the history of Ucensed contractors, including any jpossible suspensions, revocations,
judgments, and .Stations. The board has offices throu^out California, Pleaso check the government pages of the
white pages far t le office nearest you or call I- 800-321-CSLB for more information.
NOTICE: BY D imALING I H E SPACE BELOW YOU ARE AGREEINQ TO HAVE ANY DISPUTE ARISING
OUT OF THE ;,lATrBRS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY
NEUTRAL ARilITRATION AS PROVIDED B Y CAUFORNIA LAW AND YOU ARE GIVING UP ANY
RIGHTS YOU I nGHT POSSES TO HAVE THE DISPUTE LmOATED IN A COURT OR JURY TRIAL. BY
QOTIAUNG IN THE SPACE BBLOW YOU ARE GIVING UPl YOUR JUDICIAL RIGHTS TO DISCOVERY
,'VND APEAL, JNLESS THOSE RIGHTS ARE SPECEFICALLY INCLUDED IN THE 'ARBITRATION OF
.DISPUTES' PRCIVISION. IF YOU REFUSE TO SUBMIT TO ARBrTRATION AFTER AGREEING TO THE
.,>ROVISIOH Yl IU MAYBE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE BUSINESS
.i^gD PROJTE! ISIONS CODE OR OTHER APPUCABLE LAWS. YOUR AGREEMENT TO THIS
.ARBITRATION PROVISION IS VOLUNTARY.
•VE/I HAVE RE'U? AND UNDERSTAND THE ABOVE PROVISION AND AQREE TO SUBMTT DISPUTES
ARISING OUT OP MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUIIES' PROVISION TO
•CUTRAL /iiRB TRAHON."
.nJSTOMBR INI IIAL: 3 ^ CUSTOMER INTIIAL: pJ
3
C A CotistructionA'^alley Cabinets
93:12 Fair Oaks Blvd., Fair Oaks, CA 95628 Ph: 916-962-1206 Fax: 916-962-1640
CAC00015
nnrllT Tllir IAM n^ ^.CCl
1 H005
10/22/20A4.07:13 FAX ^ _ _ . _ „ Aaronoisw PAOE5/7
O
Constmction CA Contnctoa Lfcenre IiER/BUI.DER RESPONSIBILrrY: Unless otiierwise specified, ttie Contractor price is based upon the
Owner/bujldei ii r^irescntation that there are no condiUons preventing Contractor firom proceeding with tne usual
instaUation pr ;iceaures for die materials required under this contract If upon start of work, the^ contiactor finds
conditions tna wiU not aUow hun to continue under this contract CA Constiuction may at his option present to the
Owner/buildci '^uyer a separate estimate for the e^dra wodc The Owner/builder/buyer shall have tlie right to lure
other contracti cs to do the wodc not covered und«r this contmct Upon such situatioiis CA Constructions reserves tho
rig^ to sfa>p V i»k until the job site and/or the conditions are biought up to nonnal conditions to conlinue his wodc
under this con Tact Finth^more, Owner represents tliat he will relocate clothings personal effects and aU personal
, property and | lants to bringing ofthe woric so that the Contractor lias fi-ee access to portions ofthe building where
work is being ilone. In die event that the owner fails to relocate any items as providisd hereunder, Contiactor may
relocate any o;' the owner's property as may be required and is not responsible for damage thereto wfaic^ may result
during proa'ecu ion of work. Upon movement of above items CA Constiuction may charge for this work unless suoh
movementii are listed aro listed in this contract
NON-RES.POl' SIBIUTY: The Contractor shaU not be responsible fbr any damage occasioned by the Owncr/buUder
or Owneis a^et I rain, windstoim, acts of Ood, or otiier causes beyond the control ofthe Conttactor, unless otherwise
herein provide :t or Unless he is obUgated by the terms hereoi to provide insurance against such hazards. The
Contractor dial I not be responsible for the dainage to existing walks, cuibs, driveways, cesspools, septic tanks, sewer
. • lines, arches, liiwns, trees, clotheslines, pcrsonal property, telephone and electrical lines, by tiie Contractor, or
^-^ supplier incom i in the poformance of the work. The Contractor shaU not be responsible for any loss of wages the
owner may inci lr due to providing Contractors access to the woik area/or Owners desire to be present wliile work is
being complete •..
CANCELLATl pN: The Owner/builder is given a copy of tiie "Federal Rescission notice" attached to this contract
Once the conti ;ict is out of racission, me Contractor ^vi^ schedule the work and order the material for the
completion of t le contract If this contract is cancelled bv tho Owner/buildcr/buyer for any reason afier the three day
recession pi^oc. the Owner/build«-/buyer is responsible for any oost incurred by CA Constmction, including but not
limited to time iipent labor, materials, loss of piofit and any other costs associated with this contract and attorney's
fees required to mUy enforce this contract The peimits, plans, reasonable cost for tune and effort or any money spent
by CA Coiistru :tion to start and finish this contract shaU be paid to CA Constiuction iq>on canceUaUon. m some
cases there ma,- be two separate contracts written between CA Construction and the Owner/buildei/buyer for
different i^PDJec n on the same home. Upon such situations ifany disputes arise from one contract it sliall not have
any bearing t.a die other contracts. If Owner/buUder/buy» decides to cancel ono or all contracts,
Ownerfbuilcler/l: iiyer shaU be binding by each contract separately and all teims and conditions apply per contract
PAYMENT: Paiment must be made on the entire outstanding balance on aU contracts upon conipletion of work to
the ForemaiTof !he installation crew. AU checks must be made payable to CA Constiuction Company. On contracts
that CA Coiistn lition Company or its agents finance, a completion c^tificatc must be signed upon the conipletion of
wodc. A 10'}-« o! large wiU oe accessed every 30 days on au outstanding balances unless otherwise specified m tliis
contract 0\niefver I of returned check(s), Owner/builder/buyer shaU pay to CA Constiuction an additional chu^e of
S35.00 over an<. above of any other oharges plus bank charges. In the event of non payment as agreed in this
contract conbTic :or will stop work as outiined above and Owner/builder/buyer must pay the mil contract price before
CA ConstrucrionA''alley Cabinets
9i32 Fair Oaks Blvd., Pan- Oaks, CA 95628 Ph: 916-962-1206 Fax: 916-962-1640
CAC00016
. . . . . . ...... nnrllT m i r IAII nf A CCO
@006
10/22/20,14. .07:15 FAX PAGE 6/7
«»IVWt»^-IOHV/
Aaron Olsen
o
Constmction CA Cottindon laeeaae /KS3673S
Geiiaxal BiaUotB C'™^''''^'
contractoi- wi] I proceed, and Owner/buildei/boyer shaU be responsible for any and all materials lefi on the premises
and /or oriy d, mages to such materials. Within 10 days after execution ofthis contract, CA Constmction shall have
fhe right to c. lucel this connact should it be detemuned that tiiere is any uncertainty that all payments under this
contract u'ill !)e made when due and/or if it is deteimined by CA Constmction tnat the job cannot be done in
accordance oi any laws, regulations, and/or buUding codes. Owner/builder/buyer agrees to release CA Construction
ofany UalnUti IS and responsibiUties under this contract upon such situations outlined above. Should aiiy litigation be
commeac«td b> itw6«a the paities conceming this contract, or the rights and duties of C A Constiuction, Owner BuUder
shall bo ri»po '^ible for any and aU costs induding attorney's fees and coort costs and all aibitration or mediation
costs.
Contractoi^s ar i required by law to be Ucensed and regulated by the Contractors' State license board. Any questions
conceming a c ;intractor may be refeiTed to dxe registrar ofthe board whose address is:
Contractois St ite License Board, 9835 Goeth Road, Sacramento, CA 95826
•v^
^
C A ConstructionA^alley Cabinets
9:132 Fair Oaks Blvd., Fair Oaks, CA 95628 Pb: 916-962-1206 Fax: 916-962-1640
CAC00017
©007
10/22/2014 07:16 FAX •tf I v^»VA" I O^U Aaron Olsen PAGE 7/7
U
Constniction CA ContiactoB Liesiea ^936735
Gcnszal BtnUinis Canizactpz
Notice of right to cancel
Notice of canceUation
Enter date of tiansaction
You may oan- :&1 tbis transaction, without any penalty or obUgation, witfain tfaree business daysfiromtfae above
date.
Ifyou cancel, way property traded in, any payments made by you under the oontract or sale, and any negotiable
instnunent ex* isuted by you vriU be retumed witiiin ten days following the receipt by the seller ofyour
cancellation n itice, and any security interest arising out ofthe transaotion wiU be canceled.
Ifyou cancel} ou must make available at your residence, in substantiaUy as good condition as when received, •
any goods deU "ered to you under this oontract or sale, or you may ifyou wish, conaqply with the inslructions of
the seUer regai iling the retum shipment of goods at die seller's eiqpenae and risk.
^'—^ Ifyou do maki i the goods available to the seUer and the seUer does not pick them up witiiin twenty days ofthe
dale ofyoiu* m dee c^ canceUation, you may retain or dispose ofthe goods without fiiitlier obligation.
Ifyou fiiil to 0 like the goods available to the sdler, or ifyou agree to retum the goods to the seUer and fail to do
so, then you re isain Uable for tfae performance ofall obUgations under the oontract
To cancel this - i-ansactton, raail or deUver a signed and dated copy ofthis canceUation notice, or any other
written notice, •.>t .send a telegram to: CA Constraction, At: 9332 Fajr Oaks Blvd., Fair Oaks, CA 95628
No later than n .idnlgbt following tfae third business day ofthe date ofthis transaction
I hereby caiioel "bis transaction.
CDate)
(Buyw's signature)
CA ConstructionA''alIey Cabinets
9:132 Fair Oaks Blvd., Fair Oaks, CA 9S628 Ph: 916-962-1206 Fax: 916-962-1640
CAC00018
ftfvTiiT rrur 1 A 11 *>/ A,CC\.
@009
10/22/2014 07:16 FAX
UNCONDITIONAL WAIVER AND RELEASE
UPON PROGRESS PAYMENT
California Civil Code Section 3262(cl)(2)
J0b/Aci:0UI t # Abbott.8601 RomnoCpi,
The umleis gned has been paid and ha$ received a progress payinent in the sum of ^38.000.00
for labor, 6e iviees, equipment or material fiimished to
Rodney & F |!>rentlne Abbott
on the job o ' Concfota Fountiatfan
located .al£ jBURolling Green Wav. Fair Oaks, ca BS628
and does hc i-dby rcIoaoB any mechanic's Hen, stqp notfce, or bond right that the undersigned has on the
above-nafen meed job to the following extent. This release covers a progress payment for labor
servicer, eq i Ipment, or materials lUmlahed to
Rodnev & P| firanttne Abbott
throuph 12^ |/05 only and does not cover any retentions retained before or afterthe release
date; extras 'jmlshed isefore the release date for which payment has not been received; extras or
items {Ornish lid after the release ddte. R^hia based upon worK performed or items fUmished under a
written ehan; le order which has been ftilly executed by the parties priorto the release date are covered
by thisraieaii3 unless speoiflcaily reserved by the claimant in this release. This release of any
mechanics' ii im, stop notice, or bondrightshall nct otiienvise affect the contract n'ghts, Including rights
between pari ssfothe contract based upon a rescission, abandonment or breach of the contract, or the
right of the ui dersfgnedtorecover compensatton for fjmished labor, services, equipment or matenal
covered Irf 11 Is release if that fumished labor, services, equipment, or material was not compensated
by the progre r-s payment.
Date: .Q2/y>/<> [• ^—CA..Cor»stnictton
(COMPANY N4tlG)
B ^ - ^
Ricnarq Ruypaiia
(PniNTNMW)
NOTICE TO {
sKKsasasrsj! isstiassiiissssgsssjrsiisss^
CAC00019
doos
10/22/2014 07:18 FAX .... Aaron Olsen PAGE 3/3
\ ^
CONDITIONAL WAIVER AND RELEASE
UPON FINAL PAYMENT
California Civll Code Section 3 2 6 2 ( d ) ( 3 )
Job/Accc unt tf Abbott. 8601 Rol
Upon reciilpt by the undersigned of a check finom Rodnev & Florantlne Abbrtt
in the sur i of S 1S^Q6.88 payabie to CA Conatnictton
and wher trie ohed^ has been properly endoreed and has been paid by the bank upon which it is
;inawn, th n document shell beoome effective to raleass any mechanics' lien, stop notice, or bond
right die t iiderakined has on trie lob oft Concwta Foundation
located al 8e01 Rolling green Wav. Fair Oalts. Ca 9S6^?
This relea ite covers the final payment fo the undersigned for ell labor, sennces, equipment or
material ft mished on the Job, except (br disputed claims for additional worfc In the amount of
S .
Befonk an; • recipient of this document relies on it, fhe party should verfly evidence of payment fo the
'-^ underiJigniid,
-..ssuui:'06
ESIONATUHE^
Richard Ruybalid
(pfiittT HAIVB)
NOTE- c n <». CODE 3262(dK3) PROVIDES: Where the claimant te requfitKl to execute a
waWev an .1 release in exchange for, or fn order to Induce the payment of. a flnal
payment i -nd fhe claimant is n o ^ En fact; paid In exchange for the waiver and r e l e ^ e
or a Glngli • payee check or Joint payee check Is given In exchange for the wahler and
release, t l >s waiver and release shall follow subsfantiaiiy the form set forth above.
im«mDKTii**afwk n,iiMLm*Mi»iM>i
rii»Mrsa5iiiaiaaiMiwUMnr,ew«NABfinnn,wnfianarTaTKMn^^ MMMM
CAC00020
Page 1 of
CotistFUctton CAC6«h«et„aw.l..i»M» lW:W735
Ge»er4 BuiMing <&ntxMloi
Elevation and Layoot Approval
t/14/201
Stthmittcd Tog Owner/Pwilder To Be Performed At;
Britschgi Construction 8601 RoUiMg Green Wy
7541 Lueky Lane Fair Oaks, CA 95628
Citrus flte,Ca 95610
916-TO5-67Q9 Plana dated; 11^-205
C; 916-276>1487
Builder shall locate all hold-down anchors. CA Constniction shall place at the request of bnilder all hold-dow '
anchors witli mfg. approved placement devices previous to inspection. CA Constiuction asswncs no i
responsibility for ihe misplacement or omission of hold-down anchors. Builder shall specify and confirm i
locatlonji of man-doors, i
Builder requests change and assumes responsibility for cliange in detail F on page SD-1
The ItM^tion nnd elevation of concrete forms for tho project stated herein has been inspected, verilied ai
approved for placement of concrete.
^•^c.^ ISe.rrs.cu^^T'
PrbitNama
Date: \ - / ^ - - r v < ^
CAC00021
file:/A\Paq\ca\Old%20Files\Abbot\Tuesday,%20January%2023,%202007.JPG
EXHIBIT 64T>99
"B
Time Recap Summary by Timekeeper [Ni 1 - ABBOTT, RODNEY V BRITSCHGI CONST .. CONST)] Pagel
Client:NIC - NAVIGATORS INSURANCE COMPANY 2/15/2011 9.24:32 AM
SfspS
^
•.if,.':)fH.Vy~,^'>u',''P^^\ SL
GCC 90 166 50 90 166 50 GINO CANO
GKF 664 50 11911650 665 40 119271 00 GREGORY K FEDERICO
JAR 18 20 3067 00 18 20 3067 00 JASON A ROSE
JCM" 61 00 11285 00 6100 11285 00 JASUN C MOLINELU
JL 7 40 740 00 710 710 00 JONATHAN S LIEBERMAN
MM 51 70 8918 50 5170 8918 50 JOHNM McGUIRE
LME 60 99 00 60 99 00 LISAM ESTABROOK
LPH 3 00 555 00 3 00 555 00 LYNETTEP HOANG
MR 17 10 1544 00 1710 1544 00 MARIE CANTRELL
PG 160 160 00 160 160 00 PATRICIAN GOULD
QW 34 50 3409 00 34 50 3409 00 QUINN DUBE
TAJ _ 278 60 47309 00 278 40 47272 00 TODDA JONES
'wis'_ ~ 4 80 792 00 4 80 792 00 WENDY I SMITH
1
TOTAL 1143 90 197161 50 1144 30 197249 00
Time Recap Summary by Timekeeper [NIC-w 4 - ABBOTT, RODNEY V BRITSCHGI CONST. (K Page 1
Client.NIC- NAVIGATORS INSURANCE COMPANY 2/16/2011 100821 AM
GKF 35 00 5775 00 34 90 5758 50 GREGORY K FEDERICO
JAR_ 11 50 1897 50 1150 1897 50 JASON A ROSE
JMM 13 10 2161 50 13 10 2161 50 JOHNM McGUIRE
MR 20 18 00 20 18 00 MARIE CANTRELL
QW 4 00 360 00 4 00 360 00 QUINN DUBE
TAJ 30 49 50 30 49 50 TODD A JONES
TOTAL 64 10 10261 50 64 00 10245 00
EXHIBIT "C"
MC-010
1 ATTORNEY OR PARTY WITHOUT ATTORNEY f/Vame, siu ,
Preview
1 Todd A. Jones (Bar No. 198024) tj ones@archemorri s. com 2 Gregory K. Federico (BarNo. 242184) gfederico@archemorris.com 3 ARCHERNORRIS A Professional Law Corporation 4 301 University Avenue, Suite 110 Sacramento, Califomia 95825-5537 5 Telephone: 916.646.2480 Facsimile: 916.646.5696 6 J Attomeys for Defendants and Cross-Defendants 7 RICHARD KIRK RUYBALID, individually, and dba CA CONSTRUCTION 8 9 SUPERIOR COURT OF CALIFORNIA 10 COUNTY OF SACRAMENTO 11 12 RODNEY ABBOTT and FLORENTINE CaseNo. 07AS04450 ABBOTT, 13 DECLARATION OF TODD A. JONES IN Plaintiffs, SUPPORT OF NOTICE OF MOTION AND 14 MOTION FOR ATTORNEYS' FEES, V. EXPENSES AND COSTS 15 CD RONALD PAUL BRITSCHGI, et al. 16 Date: March 18,2011 or Defendants. Time: Dept: 10:30 a.m. 43 17 O Judge: Brian Van Camp 18 Action Filed: September 24, 2007 19 20 AND RELATED CROSS-ACTIONS. 21 22 I, Todd A. Jones, declare: 23 1. I am a partner with the law firm of Archer Norris, P.C, attomeys of record for 24 Defendant RICHARD K. RUYBALID, individually and dba CA CONSTRUCTION (hereinafter 25 "CA CONSTRUCTION"), on whose behalf I make the following declaration. 1 have personal 26 knowledge ofthe matters herein stated and, ifcalled as a witness, could and would competently 27 testify thereto. 28 NIC34I/I090150-1 DECLARATION OF TODD A. JONES IN SUPPORT OF MOTION FOR ATTORNEYS' FEES, EXPENSES AND COSTS 1 2. I am lead counsel for CA CONSTRUCTION in this lawsuit. The vast bulk ofthe 2 work at the trial court level was performed by me personally. However, a number of other 3 attomeys and paralegals also performed work for CA CONSTRUCTION. All other work was 4 performed at my direction and under my supervision. 5 3. Attached as Exhibit "A" is a tme and correct copy ofthe contract agreement 6 between CA CONSTRUCTION and Plaintiffs RODNEY and FLORENTINE ABBOTT 7 (hereinafter "Plaintiffs"), which contains a prevailing party attomeys fees, expenses and costs 8 provisions at page 5. 9 4. Trial in this matter commenced on January 18, 2011 and ended on January 28, 10 2011. The Court issued its Notice of Entry of Judgment consistent with the jury's verdict on 11 Febmary 3, 2011. 12 5. Attached hereto as Exhibit "B" are tme and correct copies of generated reports of 13 fees by my law firm in defending CA CONSTRUCTION at the trial court level. The fees cover 14 the time periodfi-omNovember 2,2007 through Febmary 2, 2011. The total amount of 15 attomey's fees incurred through my firm in the defense of CA CONSTRUCTION at the trial 16 court level was $207,494.00. 17 8. CA CONSTRUCTION has incurred $97,489,94 in expenses and costs relating to 18 this case. Costs that are not recoverable under Code ofCivil Procedure §998 are recoverable 19 under the parties' contract, and these costs total $12,934.88. The Code of Civd Procedure §998 20 costs are recoverable under statutory law, and these costs total $84,555.06. 21 9. Attached as Exhibit "C" is a tme and correct copy of CA CONSTRUCTION'S 22 Memorandum of Costs with supporting documentation for expenses and costs. 23 11. The hourly rate charged CA CONSTRUCTION by Archer Norris was $185 for 24 partners and associates, and $100 for paralegals. These rates are more than reasonable and 25 customary in the industry for defense litigation of construction defect lawsuits. I have been 26 pracficing complex lifigafion for over 12 years. I am experienced and skilled in the type of matter 27 involved herein. My hours and billing amounts for work performed are listed below: 28 /// NIC341/1090150-1 2 DECLARATION OF TODD A JONES FN SUPPORT OF MOTION FOR ATTORNEYS' FEES, EXPENSES AND COSTS 1 Name Hours Billing Amount 2 Trial 3 Todd A. Jones 278.70 $47,321.50 4 12. A number of Archer Norris attomeys performed work for CA CONSTRUCTION 5 on this complex case. The hourly rate charged for legal work performed by these attomeys 6 ranges is also $ 185.00 per hour, which is a reasonable rate. All work was performed at my 7 direcfion and under my supervision. Exhibits B and C to this Declaration contain all ofthe time 8 entries and billing records in the defense of CA CONSTRUCTION that were generated by my 9 firm. However, the following attomeys performed significant amounts of work on this matter. 10 Their names and respective hours and billing amounts are listed below: 11 Name Hours Billing Amount 12 Trial 13 Jasun MolinelH 95.9 $17,043.50 14 Gregory Federico 664.5 $119,116.50 15 Mike McGuire 13.10 $11,080.00 16 Jason Rose 29.7 $4,964.50 17 Gino Cano 0.9 $166.50 18 Lynette Hoang 3.0 $555.00 19 Lisa Estabrook 0.6 $99.00 20 Wendy Smith 4.8 $792.00 21 13. A number of paralegals, law clerks, and litigation support staff also performed 22 worked on this matter. The hourly rate charged for legal work performed by paralegals and law 23 clerks is $100.00 per hour, which is a reasonable rate. All work was performed at my supervision 24 and direction. The following staff members performed significant amounts of work on this 25 matter. Their names and respective hours and billing amounts are listed below: 26 /// 27 /// 28 /// NIC341/1090150-1 3 DECLARATION OF TODD A. JONES IN SUPPORT OF MOTION FOR ATTORNEYS' FEES, EXPENSES AND COSTS 1 Name Hours Billing Amount 2 Trial 3 Quinn Dube (Paralegal) 38.5 $3,769.00 4 Marie Cantrell (Paralegal) 17.3 $1,562.00 5 Patrician Gould (Paralegal) 1.6 $160.00 6 Jonathan S. Lieberman (Summer Assoc.) 7.1 $710.00 7 14. Attomeys and paralegals at my firm worked roughly 1,144.30 hours in total for 8 CA CONSTRUCTION. These rates are equal to or lower than rates charged other clients in the 9 same geographic region for the services ofthese lawyers and staff. In my experience, this is a 10 reasonable number of hours in which to complete the tasks called for in this trial considering that 11 the matter required: numerous depositions of lay and expert witnesses, pre-trial pleadings and 12 appearances, law and motion, visual inspections, mediations/settlement conferences, a two-week 13 jury trial, post-trial activities to obtain and enforce the judgment, and to recover attomey's fees. 14 These hours involved a variety of other tasks, including initial attempts to resolve the matter; 15 researching the background ofthe case; issuing subpoenas; conducting written discovery; 16 conducting research on claims and defenses; preparing for and taking numerous percipient and 17 expert witness depositions; trial preparation including legal research, designating trial exhibits, 18 preparing for witness examinations and preparing opening and closing arguments. 19 15. The work was performed efficientiy and without duplication of effort. It is 20 important to note that while my associate Gregory Federico attended all phases ofthe trial with 21 me, CA CONSTRUCTION is not seeking recovery of Mr. Federico's time spent in trial. 22 16. Archer Norris' hourly rate for attomeys practicing in real estate matters and other 23 commercial litigation has been up to $450 per hour in the past and there are current open matters 24 at that rate. A $185 hourly rate for constmction litigation are a discount from what Archer 25 Norris' lawyers charge for similar matters. 26 /// 27 /// 28 /// NIC341/I090150-1 4 DECLARATION OF TODD A JONES IN SUPPORT OF MOTION FOR ATTORNEYS' FEES, EXPENSES AND COSTS 1 I declare under penalty of perjury under the laws of the State of Califomia that the 2 foregoing is tme and correct. Executed this 16th day of Febmary, 2011, at Sacramento, 3 Califomia. 4 5 TODD A. JONES 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 N1C341/1090150-1 DECLARATION OF TODD A JONES IN SUPPORT OF MOTION FOR ATTORNEYS' FEES, EXPENSES AND COSTS EXHIBIT "A" il002 1 0 / 2 2 / 2 0 1 4 0 7 : 1 3 FAX Aaron Olsen PAGE 2/7 •o Construction CA ConbaetoR Licewe ^36935 GaaetH BvaUhie Contzactny Proposal 10/24/05 Submitted To: Owner/Builder To Be Performed At: t odney & Florentine Abbott 8601 Rolling Green Way 3341CorvjnaDr Fair Oaks. Ca 95628 I .ancho Cordova, Ca 95670 851-9707 C Plans dated: u/k 851-9708 F Project: Foundation Scope of Wor lc Excavate, fonai, place andfinishconcrete for new home and garage as per plans and specificatii;».iis. Builder or buil lers agent shall specify previous to excavation and verify previous to pour, location and elevation offinishedfloo:, garage slab and piers. Builders certification and approval shall be in writing. Any structural :ir layout changes shall be documented inspected and approved, CA Construction shall supply and locate all hold- lown anchors with general contractor. EKdnsiona: E^ -siything not included herein, included but not Umited to: Drive'Way and apron Porches, patios, ^ " ^ vsraUcways, stoo !»5, Grading or removal of dirtfromsite. Totat labor an :l material Time & Material + 25% (Not to exceed 853,000) Schedule of pa |'nients:$I5,000 upon rsquest of footing inspeotioa Balance upon completion ofjob, Aay un] iiid debts shall be subject to penalties including all legal fees, collection costs, and interest charges intiwaj iiount of l/365th of 18% compounded daily commcnoing the due date enacted retroactive at 30 days delinquenc |'. AM invoices are due witfain 24 hours upon receipt or as allowed for in "Schedule of payments" if so included m Ibis contract, and shall be payable at contractors place ofbusiness by 5:00 PM PST ofthe day following the rei leipt of invoice. Failure to pay as agreed shall constitute a breech of contract at wiiich time ;ontractor shall lease work until the dispute is remedied Schedule of wo k; Contractor shall coramence and perfonnftewoilc in a timely manor. Work to commence •within 3 woridnj; days of receipt of contract Project shall reach substantial completion witiiin 15 days of ijommencement. Contractor shall not be responsible for delays due to oonditions out of our direct control including but no* linuted to: change orders, building inspections, strikes, weather and unavailability of materials. .Notice: Failure i D commence work within 20 days ofthe approximate date specified is a violation ofthe .!}ontractois iittatc License I^w. 1 CA Construction/Valley Cabinets 93 :''2 Pair Oaks Blvd., Fair Oaks, CA 9S628 Ph: 916-962-1206 Fax: 916-962-1640 CAC00013 nninT Tiiir IAII nr » rrn @|003 10/22/2014 07:14 FAI Aaron Olsen PAGE 3/7 o Constmction CA ContnctoB Lie«»iB ffS36T3S Genezal BuldJiqg; Cantiaetor Responsi bllr / of owner/builder: Cost of permits and any local, state or Federal taxes and fees. It is the responsibiJity oftiie owner^uilder to provide protection fi-om loss due to. Fire, theft, vandalism and any natural disasters. The occurrence ofloss does not relieve the buyer ofany financial obUgation to contractor for work completea or: iiaterials deUvered to job. W o r k by o ^ irs; Contractor shaU not be responsible for any work pertonned by otber than its employees or agents. Wli pn ipose to peiform all the labor and supply all the equipment necessaiy for the completion ofthe above named t roject as described herein for the total sum stated herein Anv unforeseen costs due to inacoessibilitv ;luring inspection or additional work requests shall be in writing and will be billed as extras which are due and pa i^ble npoh their completion. This quote sha I be valid for 30 days and may be withdrawn without notice at any time before acceptance. I accept respon libility for payment ofthe work per above schedule. In the event tbat it becomes necessary to aSeCL any type i)f collection proceedings, I/we hereby agree to reimburse CA Constmction attomey fees and court costs resv Iting &om such action. # . ^ ^I have received the required "Notice of right to cancel" and "Notices Required By ' • - ^ (initial) L a w " with this c o n t r a c t Owner/builder; - C ^ ^ ^f ^ ' s n ^ ^ Date: /ffJ^^f Dale; Vc^^jT / Oi ConlTHCtor. ^^Icl^CL^isL fijULijlou^iijL J)ate: 1 0 / ^ , ^ / 0 - ^ lUchard Ruyl)8Jid,' :>BA CA Constmction CA. Construction/Valley Cabinets 93 i:2 Fair Oalts Blvd., Fair Oaks, CA 95628 Pb: 916-962-1206 Fa.x: 916-9624640 CAC00014 ^ 121004 10/22/2014 07:14 FAX . AaronOben PAQE4/7 u Constmction C&CoBtractoaLice»a #536735 GBBaal Biulduis Cantxaiitoy Notices Required Bv Law Please Read Carefttllv NpTICE TO CWl^ER/BUILDER: Under tiie Mechanics' Lien Law any contractor, subcontractor, laborer, supplier, or other pcxsoi \vi)o Iielps to improve property and is not paid liis labor, services or material, has the right to oiforce his claim a gaii lit your propeity tmd to sue you in court to obtain payment. This means that after a.court liearing, your home, lane!, an :l property could be sold by a court o£5cer and the proceeds ofthe sale used to satisfy -wbat you owe. This can hiippe ii even ifyou have paid your contractor in fidl ifttie contractor's subcontractors, laborers, or sivplieis remain un]>ajd To preserve their rigbts to file a claim or Uen against your property, certain claimants such as subcontiacrors .v mateiial suppUers are eadb required to provide yoa with a document caUed "preliminary notice." Contractoni anc laborers who contract witii orwnlcte infomation on the history of Ucensed contractors, including any jpossible suspensions, revocations, judgments, and .Stations. The board has offices throu^out California, Pleaso check the government pages of the white pages far t le office nearest you or call I- 800-321-CSLB for more information. NOTICE: BY D imALING I H E SPACE BELOW YOU ARE AGREEINQ TO HAVE ANY DISPUTE ARISING OUT OF THE ;,lATrBRS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARilITRATION AS PROVIDED B Y CAUFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU I nGHT POSSES TO HAVE THE DISPUTE LmOATED IN A COURT OR JURY TRIAL. BY QOTIAUNG IN THE SPACE BBLOW YOU ARE GIVING UPl YOUR JUDICIAL RIGHTS TO DISCOVERY ,'VND APEAL, JNLESS THOSE RIGHTS ARE SPECEFICALLY INCLUDED IN THE 'ARBITRATION OF .DISPUTES' PRCIVISION. IF YOU REFUSE TO SUBMIT TO ARBrTRATION AFTER AGREEING TO THE .,>ROVISIOH Yl IU MAYBE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE BUSINESS .i^gD PROJTE! ISIONS CODE OR OTHER APPUCABLE LAWS. YOUR AGREEMENT TO THIS .ARBITRATION PROVISION IS VOLUNTARY. •VE/I HAVE RE'U? AND UNDERSTAND THE ABOVE PROVISION AND AQREE TO SUBMTT DISPUTES ARISING OUT OP MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUIIES' PROVISION TO •CUTRAL /iiRB TRAHON." .nJSTOMBR INI IIAL: 3 ^ CUSTOMER INTIIAL: pJ 3 C A CotistructionA'^alley Cabinets 93:12 Fair Oaks Blvd., Fair Oaks, CA 95628 Ph: 916-962-1206 Fax: 916-962-1640 CAC00015 nnrllT Tllir IAM n^ ^.CCl 1 H005 10/22/20A4.07:13 FAX ^ _ _ . _ „ Aaronoisw PAOE5/7 O Constmction CA Contnctoa Lfcenre IiER/BUI.DER RESPONSIBILrrY: Unless otiierwise specified, ttie Contractor price is based upon the Owner/bujldei ii r^irescntation that there are no condiUons preventing Contractor firom proceeding with tne usual instaUation pr ;iceaures for die materials required under this contract If upon start of work, the^ contiactor finds conditions tna wiU not aUow hun to continue under this contract CA Constiuction may at his option present to the Owner/buildci '^uyer a separate estimate for the e^dra wodc The Owner/builder/buyer shall have tlie right to lure other contracti cs to do the wodc not covered und«r this contmct Upon such situatioiis CA Constructions reserves tho rig^ to sfa>p V i»k until the job site and/or the conditions are biought up to nonnal conditions to conlinue his wodc under this con Tact Finth^more, Owner represents tliat he will relocate clothings personal effects and aU personal , property and | lants to bringing ofthe woric so that the Contractor lias fi-ee access to portions ofthe building where work is being ilone. In die event that the owner fails to relocate any items as providisd hereunder, Contiactor may relocate any o;' the owner's property as may be required and is not responsible for damage thereto wfaic^ may result during proa'ecu ion of work. Upon movement of above items CA Constiuction may charge for this work unless suoh movementii are listed aro listed in this contract NON-RES.POl' SIBIUTY: The Contractor shaU not be responsible fbr any damage occasioned by the Owncr/buUder or Owneis a^et I rain, windstoim, acts of Ood, or otiier causes beyond the control ofthe Conttactor, unless otherwise herein provide :t or Unless he is obUgated by the terms hereoi to provide insurance against such hazards. The Contractor dial I not be responsible for the dainage to existing walks, cuibs, driveways, cesspools, septic tanks, sewer . • lines, arches, liiwns, trees, clotheslines, pcrsonal property, telephone and electrical lines, by tiie Contractor, or ^-^ supplier incom i in the poformance of the work. The Contractor shaU not be responsible for any loss of wages the owner may inci lr due to providing Contractors access to the woik area/or Owners desire to be present wliile work is being complete •.. CANCELLATl pN: The Owner/builder is given a copy of tiie "Federal Rescission notice" attached to this contract Once the conti ;ict is out of racission, me Contractor ^vi^ schedule the work and order the material for the completion of t le contract If this contract is cancelled bv tho Owner/buildcr/buyer for any reason afier the three day recession pi^oc. the Owner/build«-/buyer is responsible for any oost incurred by CA Constmction, including but not limited to time iipent labor, materials, loss of piofit and any other costs associated with this contract and attorney's fees required to mUy enforce this contract The peimits, plans, reasonable cost for tune and effort or any money spent by CA Coiistru :tion to start and finish this contract shaU be paid to CA Constiuction iq>on canceUaUon. m some cases there ma,- be two separate contracts written between CA Construction and the Owner/buildei/buyer for different i^PDJec n on the same home. Upon such situations ifany disputes arise from one contract it sliall not have any bearing t.a die other contracts. If Owner/buUder/buy» decides to cancel ono or all contracts, Ownerfbuilcler/l: iiyer shaU be binding by each contract separately and all teims and conditions apply per contract PAYMENT: Paiment must be made on the entire outstanding balance on aU contracts upon conipletion of work to the ForemaiTof !he installation crew. AU checks must be made payable to CA Constiuction Company. On contracts that CA Coiistn lition Company or its agents finance, a completion c^tificatc must be signed upon the conipletion of wodc. A 10'}-« o! large wiU oe accessed every 30 days on au outstanding balances unless otherwise specified m tliis contract 0\niefver I of returned check(s), Owner/builder/buyer shaU pay to CA Constiuction an additional chu^e of S35.00 over an<. above of any other oharges plus bank charges. In the event of non payment as agreed in this contract conbTic :or will stop work as outiined above and Owner/builder/buyer must pay the mil contract price before CA ConstrucrionA''alley Cabinets 9i32 Fair Oaks Blvd., Pan- Oaks, CA 95628 Ph: 916-962-1206 Fax: 916-962-1640 CAC00016 . . . . . . ...... nnrllT m i r IAII nf A CCO @006 10/22/20,14. .07:15 FAX PAGE 6/7 «»IVWt»^-IOHV/ Aaron Olsen o Constmction CA Cottindon laeeaae /KS3673S Geiiaxal BiaUotB C'™^''''^' contractoi- wi] I proceed, and Owner/buildei/boyer shaU be responsible for any and all materials lefi on the premises and /or oriy d, mages to such materials. Within 10 days after execution ofthis contract, CA Constmction shall have fhe right to c. lucel this connact should it be detemuned that tiiere is any uncertainty that all payments under this contract u'ill !)e made when due and/or if it is deteimined by CA Constmction tnat the job cannot be done in accordance oi any laws, regulations, and/or buUding codes. Owner/builder/buyer agrees to release CA Construction ofany UalnUti IS and responsibiUties under this contract upon such situations outlined above. Should aiiy litigation be commeac«td b> itw6«a the paities conceming this contract, or the rights and duties of C A Constiuction, Owner BuUder shall bo ri»po '^ible for any and aU costs induding attorney's fees and coort costs and all aibitration or mediation costs. Contractoi^s ar i required by law to be Ucensed and regulated by the Contractors' State license board. Any questions conceming a c ;intractor may be refeiTed to dxe registrar ofthe board whose address is: Contractois St ite License Board, 9835 Goeth Road, Sacramento, CA 95826 •v^ ^ C A ConstructionA^alley Cabinets 9:132 Fair Oaks Blvd., Fair Oaks, CA 95628 Pb: 916-962-1206 Fax: 916-962-1640 CAC00017 ©007 10/22/2014 07:16 FAX •tf I v^»VA" I O^U Aaron Olsen PAGE 7/7 U Constniction CA ContiactoB Liesiea ^936735 Gcnszal BtnUinis Canizactpz Notice of right to cancel Notice of canceUation Enter date of tiansaction You may oan- :&1 tbis transaction, without any penalty or obUgation, witfain tfaree business daysfiromtfae above date. Ifyou cancel, way property traded in, any payments made by you under the oontract or sale, and any negotiable instnunent ex* isuted by you vriU be retumed witiiin ten days following the receipt by the seller ofyour cancellation n itice, and any security interest arising out ofthe transaotion wiU be canceled. Ifyou cancel} ou must make available at your residence, in substantiaUy as good condition as when received, • any goods deU "ered to you under this oontract or sale, or you may ifyou wish, conaqply with the inslructions of the seUer regai iling the retum shipment of goods at die seller's eiqpenae and risk. ^'—^ Ifyou do maki i the goods available to the seUer and the seUer does not pick them up witiiin twenty days ofthe dale ofyoiu* m dee c^ canceUation, you may retain or dispose ofthe goods without fiiitlier obligation. Ifyou fiiil to 0 like the goods available to the sdler, or ifyou agree to retum the goods to the seUer and fail to do so, then you re isain Uable for tfae performance ofall obUgations under the oontract To cancel this - i-ansactton, raail or deUver a signed and dated copy ofthis canceUation notice, or any other written notice, •.>t .send a telegram to: CA Constraction, At: 9332 Fajr Oaks Blvd., Fair Oaks, CA 95628 No later than n .idnlgbt following tfae third business day ofthe date ofthis transaction I hereby caiioel "bis transaction. CDate) (Buyw's signature) CA ConstructionA''alIey Cabinets 9:132 Fair Oaks Blvd., Fair Oaks, CA 9S628 Ph: 916-962-1206 Fax: 916-962-1640 CAC00018 ftfvTiiT rrur 1 A 11 *>/ A,CC\. @009 10/22/2014 07:16 FAX UNCONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT California Civil Code Section 3262(cl)(2) J0b/Aci:0UI t # Abbott.8601 RomnoCpi, The umleis gned has been paid and ha$ received a progress payinent in the sum of ^38.000.00 for labor, 6e iviees, equipment or material fiimished to Rodney & F |!>rentlne Abbott on the job o ' Concfota Fountiatfan located .al£ jBURolling Green Wav. Fair Oaks, ca BS628 and does hc i-dby rcIoaoB any mechanic's Hen, stqp notfce, or bond right that the undersigned has on the above-nafen meed job to the following extent. This release covers a progress payment for labor servicer, eq i Ipment, or materials lUmlahed to Rodnev & P| firanttne Abbott throuph 12^ |/05 only and does not cover any retentions retained before or afterthe release date; extras 'jmlshed isefore the release date for which payment has not been received; extras or items {Ornish lid after the release ddte. R^hia based upon worK performed or items fUmished under a written ehan; le order which has been ftilly executed by the parties priorto the release date are covered by thisraieaii3 unless speoiflcaily reserved by the claimant in this release. This release of any mechanics' ii im, stop notice, or bondrightshall nct otiienvise affect the contract n'ghts, Including rights between pari ssfothe contract based upon a rescission, abandonment or breach of the contract, or the right of the ui dersfgnedtorecover compensatton for fjmished labor, services, equipment or matenal covered Irf 11 Is release if that fumished labor, services, equipment, or material was not compensated by the progre r-s payment. Date: .Q2/y>/<> [• ^—CA..Cor»stnictton (COMPANY N4tlG) B ^ - ^ Ricnarq Ruypaiia (PniNTNMW) NOTICE TO { sKKsasasrsj! isstiassiiissssgsssjrsiisss^ CAC00019 doos 10/22/2014 07:18 FAX .... Aaron Olsen PAGE 3/3 \ ^ CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT California Civll Code Section 3 2 6 2 ( d ) ( 3 ) Job/Accc unt tf Abbott. 8601 Rol Upon reciilpt by the undersigned of a check finom Rodnev & Florantlne Abbrtt in the sur i of S 1S^Q6.88 payabie to CA Conatnictton and wher trie ohed^ has been properly endoreed and has been paid by the bank upon which it is ;inawn, th n document shell beoome effective to raleass any mechanics' lien, stop notice, or bond right die t iiderakined has on trie lob oft Concwta Foundation located al 8e01 Rolling green Wav. Fair Oalts. Ca 9S6^? This relea ite covers the final payment fo the undersigned for ell labor, sennces, equipment or material ft mished on the Job, except (br disputed claims for additional worfc In the amount of S . Befonk an; • recipient of this document relies on it, fhe party should verfly evidence of payment fo the '-^ underiJigniid, -..ssuui:'06 ESIONATUHE^ Richard Ruybalid (pfiittT HAIVB) NOTE- c n <». CODE 3262(dK3) PROVIDES: Where the claimant te requfitKl to execute a waWev an .1 release in exchange for, or fn order to Induce the payment of. a flnal payment i -nd fhe claimant is n o ^ En fact; paid In exchange for the waiver and r e l e ^ e or a Glngli • payee check or Joint payee check Is given In exchange for the wahler and release, t l >s waiver and release shall follow subsfantiaiiy the form set forth above. im«mDKTii**afwk n,iiMLm*Mi»iM>i rii»Mrsa5iiiaiaaiMiwUMnr,ew«NABfinnn,wnfianarTaTKMn^^ MMMM CAC00020 Page 1 of CotistFUctton CAC6«h«et„aw.l..i»M» lW:W735 Ge»er4 BuiMing <&ntxMloi Elevation and Layoot Approval t/14/201 Stthmittcd Tog Owner/Pwilder To Be Performed At; Britschgi Construction 8601 RoUiMg Green Wy 7541 Lueky Lane Fair Oaks, CA 95628 Citrus flte,Ca 95610 916-TO5-67Q9 Plana dated; 11^-205 C; 916-276>1487 Builder shall locate all hold-down anchors. CA Constniction shall place at the request of bnilder all hold-dow ' anchors witli mfg. approved placement devices previous to inspection. CA Constiuction asswncs no i responsibility for ihe misplacement or omission of hold-down anchors. Builder shall specify and confirm i locatlonji of man-doors, i Builder requests change and assumes responsibility for cliange in detail F on page SD-1 The ItM^tion nnd elevation of concrete forms for tho project stated herein has been inspected, verilied ai approved for placement of concrete. ^•^c.^ ISe.rrs.cu^^T' PrbitNama Date: \ - / ^ - - r v < ^ CAC00021 file:/A\Paq\ca\Old%20Files\Abbot\Tuesday,%20January%2023,%202007.JPG EXHIBIT 64T>99 "B Time Recap Summary by Timekeeper [Ni 1 - ABBOTT, RODNEY V BRITSCHGI CONST .. CONST)] Pagel Client:NIC - NAVIGATORS INSURANCE COMPANY 2/15/2011 9.24:32 AM SfspS ^ •.if,.':)fH.Vy~,^'>u',''P^^\ SL GCC 90 166 50 90 166 50 GINO CANO GKF 664 50 11911650 665 40 119271 00 GREGORY K FEDERICO JAR 18 20 3067 00 18 20 3067 00 JASON A ROSE JCM" 61 00 11285 00 6100 11285 00 JASUN C MOLINELU JL 7 40 740 00 710 710 00 JONATHAN S LIEBERMAN MM 51 70 8918 50 5170 8918 50 JOHNM McGUIRE LME 60 99 00 60 99 00 LISAM ESTABROOK LPH 3 00 555 00 3 00 555 00 LYNETTEP HOANG MR 17 10 1544 00 1710 1544 00 MARIE CANTRELL PG 160 160 00 160 160 00 PATRICIAN GOULD QW 34 50 3409 00 34 50 3409 00 QUINN DUBE TAJ _ 278 60 47309 00 278 40 47272 00 TODDA JONES 'wis'_ ~ 4 80 792 00 4 80 792 00 WENDY I SMITH 1 TOTAL 1143 90 197161 50 1144 30 197249 00 Time Recap Summary by Timekeeper [NIC-w 4 - ABBOTT, RODNEY V BRITSCHGI CONST. (K Page 1 Client.NIC- NAVIGATORS INSURANCE COMPANY 2/16/2011 100821 AM GKF 35 00 5775 00 34 90 5758 50 GREGORY K FEDERICO JAR_ 11 50 1897 50 1150 1897 50 JASON A ROSE JMM 13 10 2161 50 13 10 2161 50 JOHNM McGUIRE MR 20 18 00 20 18 00 MARIE CANTRELL QW 4 00 360 00 4 00 360 00 QUINN DUBE TAJ 30 49 50 30 49 50 TODD A JONES TOTAL 64 10 10261 50 64 00 10245 00 EXHIBIT "C" MC-010 1 ATTORNEY OR PARTY WITHOUT ATTORNEY f/Vame, siu ,