Motion,Ex Parte: Rodney Abbott, et al vs. Ronald Paul Britschgi, et al

• 
• 
• 
• 

						
                                
Preview
                                1   Todd A. Jones (Bar No. 198024)
           tjones@archemorris.com
       2   Gregory K. Federico (Bar No. 242184)
           gfederico@archemorris.com                                                ' 1 -^r"?/C|vfrifio«?':'
       3   ARCHERNORRIS
           A Professional Law Corporation
       4   301 University Avenue, Suite 110                                               FEB 1 6 2011
           Sacramento, Califomia 95825-5537
       5   Telephone:     916.646.2480
           Facsimile:     916.646.5696                                            By         L \Vhirfi';!d
       6                                                                                      De-i'ty Clerk
           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                                                    NOTICE OF MOTION AND MOTION
                               Plaintiffs,                  FOR ATTORNEYS FEES, EXPENSES
      14                                                    AND COSTS; MEMORANDUM OF
                                                            POINTS & AUTHORITIES; REQUEST
Dl.   15                                                    FOR JUDICIAL NOTICE;
           RONALD PAUL BRITSCHGI, et al.                    DECLARATION OF TODD A. JONES IN
O     16                                                    SUPPORT THEREOF; AND [PROPOSED]
                               Defendants.                  ORDER
      17
                                                            Date:               March 18, 2011
      18                                                    Time:               10:30 a.m
                                                            Dept:               43
      19                                                    Judge:              Brian Van Camp

      20                                                    Action Filed: September 24, 2007

      21

      22   AND RELATED CROSS-ACTIONS.

      23

      24
                    TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
      25
                    Please take notice that at 10:30 a.m., on March 18, 2011, in Department 43 ofthe above-
      26
           entitled court, located at 720 Ninth Street, Sacramento, Califomia, Defendant RICHARD KIRK
      27
           RUYBALID, mdividually, and dba CA CONSTRUCTION ("CA CONSTRUCTION") will move
      28
           NIC341/I090I42-I

                     NOTICE OF MOTION AND MOTION FOR ATTORNEYS' FEES, EXPENSES AND COSTS
 1   and does hereby move this court for an award of attomey's fees, expenses and costs and for entry

 2   ofjudgment consistent with such an order. This motion is made on the grounds that CA

 3   CONSTRUCTION prevailed on Plaintiff RODNEY and FLORENTINE ABBOTT's

 4   ("Plaintiffs") breach of contract cause of action against it, and pursuant to Califomia Code of

 5   Civil Procedure § 1717 as CA CONSTRUCTION is the prevailing party under the contract. The

 6   contract that was the subject ofthis action contains a prevailing party attomey's fees provision.

 7            This motion will be based upon Code of Civil Procedure §§ 1032 and 1033.5, Civil Code

 8   § 1717, California Rules of Court, Rule 3.1702, this Notice of Motion, Request for Judicial

 9   Notice, Memorandum of Points and Authorities, the accompanying Declaration of Todd A. Jones,

10   and upon such other oral and/or documentary evidence as may be adduced at the hearing on this

11   motion.

12            Pursuant to Local Rule 3.04, the court will make a tentative ruling on the merits ofthis

13   matter by 2:00 p.m., the court day before the hearing. You may access and download the court's

14   mling from the court's website at http://www.saccourt.ca.gov. If you do not have online access,

15   you may obtain the tentative mling over the telephone by calling (916) 874-8142 and a deputy

16   clerk will read the mling to you. Ifyou wish to request oral argument, you must contact the

17   courtroom clerk at (916) 874-7561 (Department 43) and the opposing party before 4:00 p.m. the

18   court day before the hearing. Ifyou do not call the court and the opposing party by 4:00 p.m. on

19   the court day before the hearing, no hearing will be held.

20   Dated: Febmary 16,2011                                ARCHERNORRIS
21

22
                                                           Todd A.Jones ,
23                                                         Gregory K. Federico
                                                           Attomeys for Defendants and Cross-
24                                                         Defendants RICHARD KIRK RUYBALID,
                                                           individually, and dba CA CONSTRUCTION

26

27

28
     NIC341/1090I42-I                                  2

               NOTICE OF MOTION AND MOTION FOR ATTORNEYS' FEES, EXPENSES AND COSTS