Preview
1 Todd A. Jones (Bar No. 198024)
tjones(@archemorris.com
2 Gregory K. Federico (BarNo. 242184)
gfederico(^archemorris.com
3 ARCHER NORRIS
A Professional Law Corporation
4 301 University Avenue, Suite 110
Sacramento, (Ilalifornia 95825-5537
5 Telephone: 916.646.2480
Facsimile: 916.646.5696
6
Attomeys for Defendants and Cross-Defendants
7 RICHARD KIRK RUYBALID, individually, and
dba CA CONSTRUCTION
8
SUPERIOR COURT OF CALIFORNIA
9
COUNTY OF SACRAMENTO
10
11
RODNEY ABBOTT and FLORENTINE CaseNo. 07AS04450
12 ABBOTT,
DEFENDANT RICHARD KIRK
13 Plaintiffs, RUYBALID, INDIVIDUALLY AND DBA
CA CONSTRUCTION'S AMENDED
14 V. EXHIBIT LIST
15 RONALD PAUL BRITSCHGI, et al. Trial: January 18,2011
Time: 8:30 a.m.
16 Defendants. Dept.: 43
17
18 AND ALL RELATED CROSS-ACTIONS.
19
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
20
PLEASE TAKE NOTICE THAT Defendant and Cross-Complainant RICHARD KIRK
21
RUYBALID, individually and dba CA CONSTRUCTION (hereinafter "CA CONSTRUCTION")
22
hereby submits its Amended Exhibit List as follows:
23
24 JOINT EXHIBIT LIST- PREVIOUSLY MARKED DEPOSITION EXHIBITS
25 TRIAL DESCRIPTION
EXHIBIT NO
26 1 Plans (retained)
2 Plans (retained)
27 3.1 Photo of home in construction
3.2 Photo of home in construction
28
NIC341/1073653-I 1
DEFENDANT RICHARD KIRK RUYBALID, INDIVIDUALLY AND DBA CA CONSTRUCTION'S EXHIBIT LIST
1 TRIAL DESCRIPTION
EXHIBIT NO
2 3.4 Photo of home in construction
3.5 Photo of home in construction
3 3.6 Photo of rocks in front of home
4 Photos of finished home and landscaping
4 5 Rolling Green Way Improvement Agreement by Cadre Design Group, Inc.
8/03
5 6 Application for Building Permit
r 8 CA Construction Proposal dated 10/24/05 & Invoices
6 9 Britschgi Construction Payment Documents & Receipts
10 Pacific Rim Construction Invoice
7 11 Ground Breakers Invoices
12 Plan Recheck Sheet
8
13 Dynamic Roofmg Bid-Proposal & Subcontract dated 8/12/05 and Invoices
Q 14 Beutler Corporation Fax dated 1/24/06
15 Britschgi Construction Certificate of Insurance
10 16 Florez Paving Invoices
17 Century Concrete Invoices
11 18 Youngdahl Consulting Group, Inc. Contract dated 10/31/06
19 Di Christina Custom Builders Proposal dated 2/6/07 & Invoices
12 20 Photo of home (exterior of garages)
21 Floor plan of home
13 22 Application for Building Permit to Sacramento County Building Inspection
& Invoice from CA Construction
14 23 Mutual Release and Covenant to not Sue between Albert Sanchez, Cadre
Design Group, Inc. and Rodney and Florentine Abbott dated 8/21/07
15 24 Notice of Taking Deposition and Request for Production of Documents to
Ronald Paul Britschgi
16 26 Photos of construction
27 Elevation and Layout Approval by CA Construction dated 1/14/06
17 28 CA Construction's Item Actual Cost Breakdown dated 6/19/03 through
4/1/06
18 29 Letter from Luis L. Moreno (Civil Engineer) dated 1/9/06 regarding #4
dowels
19 30 Bond Documents regarding Complaint made by Abbotts against Britschgi
Construction
20 31 Plans (retained)
32 Residential Inspection Record
21 33 Authorization for Work to Be Performed Signed by Peter Atchison dated
12/8/05
22 34 County of Sacramento Structural Tests and Inspection Schedule-Special
Inspection and/or Structural Observation Acceptance
23 35 White Cap Construction Supply Preliminary 20 Day Notice
36 J & C m Holding, Inc.-Wayside dba Wayside Lumber Co., Inc. Preliminary
24 20 Day Notice
25 37 CA Construction Job Profitability Detail for Abbott, Rodney & Florentine:
8601 Rolling Green Way
26 38 Letter from CA Construction to CNA Surety regarding Abbott Claim
39 Photo of home in construction
27 40 Photos of construction of home
41 Photos of construction of home
78 42 Notice of Taking Deposition with Production of Documents to Rodney
NIC34 I/l 073653-1 2
DEFENDANT RK: H A R D KIRK RUYBALID, INDIVIDUALLY AND DBA CA CONSTRUCTION'S EXHIBIT LIST
1 TRIAL DESCRIPTION
EXHIBIT NO
2 Abbott
43 The Bond Exchange and Insurance Agency Invoice and Frontage Agreement
3 44 Pacific Rim Construction Invoice
45 Photo of construction of home
4 46 Photo of construction of home
47 Photo of construction of home
5 48 Photo of construction of home
49 Photo of construction of home
6 50 Plaintiffs Responses to Form Interrogatories By Rodney Abbott
51 Richard K. Rubalid dba CA Construction's Notice of Taking the Deposition
7 of Donn C. Marinovich
52 CV of Donn C. Marinovich
8
53 Confractors State License Board Complaint Inspection Report for Florentine
Abbott
9
54 Sacramento County Building Inspection Application for Permit
10 55.1 Floor Plan
55.2 Floor Plan
11 55.3 Front Elevation Plan
55.4 Floor Plan
12 55.5 Floor Plan
55.6 Floor Plan
13 55.7 Floor Plan
55.8 Floor Plan
14 55.9 Floor Plan
55.10 Floor Plan
15 55.11 Floor Plan
55.12 Floor Plan
16 55.13 Interior Elevations Plan
55.14 Foundation/Floor Framing Plan
17 55.15 Main Floor Plan
56.1 Parcel Map
18 56.2 Front Elevation Plan
56.3 Front Elevation Plan
19 56.4 Parcel Map
56.5 Parcel Map
20 56.6 Parcel Map
57 Structural Calculations
21
58 Youngdahl Consulting Group, Inc. Contract for Services dated 10/31/06
22 60 Notice of Taking Expert Witness Deposition on Oral Examination and
Request for Production of Documents at Deposition to Robert "Skip"
23 Weahimt
61 CV of Robert D. Weahunt, Jr.
24 62 Conceptual Site Plan with Grading
63 Photo of Side Exterior of home
25 64 Vicinity Map, Plot Plan, Structural Sections, Main Floor Plan,
Foundation/Floor Framing Plan, Roof Framing Plan
26 65A Photo of penny width crack in flatwork
65B Photo of crack in flatwork
27 66 Photo of crack in flatwork
67 Photo of crack in flatwork
28 68 Photo of crack in flatwork
NIC34I/I073653-1 3
DEFENDANT RICHARD KIRK RUYBALID, INDIVIDUALLY AND DBA CA CONSTRUCTION'S EXHIBIT LIST
1 TRIAL DESCRIPTION
EXHIBIT NO
2 69 Photo of drywall crack in ceiling
70 Photo of interior trim separation
3 71 Photo of stucco crack
72 Photo of stucco crack
4 73 Photo of drywall crack
74 Photo of interior trim separation
5 75 Photo of stucco crack
76 Letter to Florentine abbot regarding elevation of home
6 77 Letter to Stephanie Finelli regarding opinion ofreview of documents dated
3/26/09
7 Contractors State License Board definitions and responsibilities ofan
78
Owner/Builder and Inspection report from Construction Testing &
8 Engineering, Inc. dated 1/28/06
79 Contractors State License Board pamphlet on Owner/Builder responsibilities
9 Sacramento County Code Sections Applicable to Visibility Obstructions at
80
Public Streets and Private Driveways
10
81 Abbott Residence Estimate for Repairs (Total $204,518.00)
11 82 Email between Robert Weahunt and James Lee regarding preparing for
depositions
12 83 City of Coronado Public Handout #12: Slopped Driveways
84 City of Coronado Engineering & Project Development Memorandum dated
13 6/2/05
85 Copy ofCivil Engineering Forum regarding Maximum Driveway Slopes
14 86 Emailed between Robert Weadon and Jody Hashimgami at Sacramento
County regarding Grading permits dated 2/26/09
15 87 Sacramento Valley Association of Building Officials Code Review
Committee Question/Survey for May Results and Committee Supported
16 Responses Re: Egress from Dwelling Units to the Public Way and Property
Line Wall in Shell Building
17 88 Fax from Architectural Engineering Computer Service dated 3/14/09 Re:
Information on Ramp Slopes
18 89 CA Construction Proposal dated 10/24/05
90 Photo
19 91 Notice of Taking Expert Witness Deposition on Oral Examination and
Request for Production of Documents at Deposition
20 92 Plainfiffs' Expert Witness Disclosure and Expert Witness Declaration
93 Charts reflecting stud spacing
21 94 Nofice of Taking Expert Witness Deposition on Oral Examination and
Request for Production of Documents at Deposition
22 96A Landscape Architect Plans
96B Landscape Architect Plans
23 96C As Built Site Map by the Landscape Architect
96D Conceptual Site Plan w/Grading by the Landscape Architect
24 97 CV of James Robert Lee, Jr.
98 Plaintiffs' Expert Witness Disclosure and Expert Witness Declaration
25 Copy ofan email from skip to James Lee dated 2/20/09 re: grading on the
99
Abbott home
26
100 Copy ofemail from James Lee to skip dated 2/24/09 re Placer County Fire
Codes for driveways
27
101 Duplicate ofExhibit 100
28 102 Email from skip to James Lee dated 3/2/09 re: grading plans
N1C34I/I073653-1 4
DEFENDANT RICHARD KIRK RUYBALID, INDIVIDUALLY AND DBA CA CONSTRUCTION'S EXHIBIT LIST
1 TRIAL DESCRIPTION
EXHIBIT NO
2 103 Email from James Lee or skip dated 3/23/09 re: as built site map
104 Email form skip to James Lee dated 3/30/09 re: fill undemeath slab
3 106 Photos of construction and grading
107 Photos of construcfion
4 108 Photos of constmction
109 Photos of construcfion
5 110 Photos of constmction of home
111 Photos of construction of home and rocks in front of home
6 112 Photos of finished home
113 Photo of finished home
7 Frontage Agreement between the County of Sacramento and Abbotts dated
114
8/26/05
8
115 Irrevocable Letter of Credit dated 8/22/05
9 116 General Indemnity Agreement between D7 M Tile and Abbotts dated
8/23/05
10 117 Fax from Jennifer Giboney at the Bond Exchange and Insurance Agency to
Flo Abbott dated 8/24/05 Re request for grading Permit Surety Bond
11 118 Photos of grading
119 Requests for Admission, Set One to Plainfiff Rodney Abbott
12 120 Responses to Requests for Admissions
121 Uniform Residenfial Appraisal Report
13 122 Email dated 4/28/09 from Flo Abbott to Prestige re Lee's Opinion re Soil
Compaction and Building Footings
14 123 Weahimt Esfimate of Repair and Handwritten Notes
124 Plainfiffs' Supplemental Expert Witness Disclosure and Declaration
15 125 Groimd Breakers invoice No. 115 to Rob and Flo Abbott for grading (12
hrs/$960) and load rock in garage (4 hrs/$320), total invoice amount $1,280
16 126 Purvis Excavating Invoice No. 1 to plaintiffs' expert Robin Lee for contract
and expert work on 5/11/09, invoice amount $450
17 127 Ground Breakers invoice #101 to Rob and Flo Abbott to cut pad for home
site at 8601 Rolling Green Way, $1300. Invoice Notes: "I guess we are
18 going to be back at your lot soon loading gravel and back filling the garage,
Mark."
19 128 Abbott check receipt regarding check to Ground Breakers for $1300
129 Ground Breakers Invoice #691 for preparing Rolling Green cul-de-sac for
20 new housing project, including removal of trees, stumps and vegetation,
$2000
21 130 Grounder Breakers Invoice No. 690 regarding prepared 8601 Rolling Green
Way for new housing project including removal of trees, stumps and
22 vegetafion, invoice amount $2,000
131 Ground Breakers Invoice #692 to Larry O'Brien (Flo Abbott) to remove 5
23 concrete columns and underlying footings from entrance to Rolling Green
cul-de-sac, $1400
24 132 Handwritten Notes
133 Ground Breakers invoice No. 115 to Rob and Flo Abbott for grading (12
25 hrs/$960) and load rock in garage (4 hrs/$320), total invoice amount $1,280
134 Constmcfion Tesfing & Engineering, Inc. inspection report for observation
26 of clean aggregate poured into garage foundation walls, observed by
technician Steve Mears
27 140 R4 Corporafion's Nofice of Taking Deposition of Plaintiff Rodney Abbott
(3rd depo)
28
N1C34I/1073653-1 5
DEFENDANT RICHARD KIRK RUYBALID, INDIVIDUALLY AND DBA CA CONSTRUCTION'S EXHIBIT LIST
1 TRIAL DESCRIPTION
EXHIBIT NO
2 141 Plaintiffs' Objections to Nofice of Deposifion and Request to Produce
Documents to Plaintiff Rodney Abbott (3rd depo)
3 142 Third Amended Complaint
143 Nofice of Taking Deposifion of Plainfiff Florentine Abbott
4 144 EFI Global Report dtd. 4/18/09
150 Nofice of Taking Confinued Deposifion of Expert Robert "Robin" Lee, Jr.
5 and Request for Producfion of Documents at Deposition
151 Color laser copies of photos. Shots 1, 2, 2a, 3a, 3b and 4
6 152 Color laser copies of photos PIC 19 through PIC 59
153 Color laser copies of photos PIC 41 through PIC 69 (54, 66, 67 and 68
7 omitted)
153 Color laser copies of photos PIC 41 through PIC 69 (54, 66, 67 and 68
8 omitted)
154 Landscape architect license for James R. Lee, Jr.
9
155 Packet of e-mail correspondence
10 156 Site plan, one sheet
157 Color photos
11
12
13 DEFENDANT CA CONSTRUCTION'S EXHIBIT LIST
14 TRIAL DESCRIPTION
EXHIBIT
15 NO.
16 300 General Contractor's License Application of Florentine Abbott
301 Califomia Attomey General Action Against Florenfine Abbott
17
302 Summary of Investigation from CSLB Enforcement Officer Bryan Melvin
18 303 BLANK
19 304 BLANK
305 BLANK
20
306 CV for Dave Heryet
21 307 CV for Jason Newlin
22 308 Job File From Constmcfion Testing Engineering, Inc. Produced Per Subpoena
23 309 Owner Builder Documents From The CSLB Website
310 Documents From CSL Solutions, Inc. Regarding Workers' Compensation
24
311 Nofice of Tmstee Sale
25 312 Department of Real Estate License History For Florenfine Abbott
26 313 Department of Real Estate License History for the Sacramento Owner Builder
Center, Inc.
27 314 Roseville Rock and Ready Mix Invoices
28 315 CA Construction Job Cost Item Detail (CAC00084-00085)
NIC341/I073653 •1 6
DEFENDANT RICHARD KIRK RUYBALID, INDIVIDUALLY AND DBA CA CONSTRUCTION'S EXHIBIT LIST
1 DESCRIPTION
TRIAL
2 EXHIBIT
NO.
3 316 Nimbus Landscaping Invoice (CAC00086)
4 317 Photograph of Pre-Slab Condifions (CACOOl111)
318 Cost of Repair As Prepared by Dave Heryet
5
319 Florentine Abbott CSLB Complaint Form Against CA Construcfion
6 320 CTE Invoice to Florentine Abbott for Soils Tech on 1/27/2006
7 321 CTE Soils Analysis Data, Sample taken 12/8/2005
322 Sacramento County Inspecfion Schedule for Compaction of Garage Fill, by Terty
8 Haagensen
9 323 CSLB Literature re Owner/Builder
324 Literature from Owner Builder Center, Inc.
10
325 Preliminary Conceptual Cost Evaluafion of Foundation Configurations, by Dave
11 Heryet
12 CA CONSTRUCTION hereby reserves the right to supplement and/or amend this exhibit
13 list. CA CONSTRUCTION further reserves the right to offer additional rebuttal evidence or
14 exhibits as is called for by the evidence.
15
16 Dated: January / / ,201 1 ARCHER NORRIS
17
18 ^-r^/^^
Todd A. Jones
19 Gregory K. Federico
Attomeys for Defendants/Cross-Defendants
20 RICHARD KIRK RUYBALID, indi\ idually
and dba CA CONSTRUCTION
21
22
23
24
25
26
27
28
NIC34 l/I 073653-
DEFENDANT RICHARD KIRK RUYBALID, INDIVIDUALLY AND DBA CA CONSTRUCTION'S EXHIBIT LIST
Preview
1 Todd A. Jones (Bar No. 198024) tjones(@archemorris.com 2 Gregory K. Federico (BarNo. 242184) gfederico(^archemorris.com 3 ARCHER NORRIS A Professional Law Corporation 4 301 University Avenue, Suite 110 Sacramento, (Ilalifornia 95825-5537 5 Telephone: 916.646.2480 Facsimile: 916.646.5696 6 Attomeys for Defendants and Cross-Defendants 7 RICHARD KIRK RUYBALID, individually, and dba CA CONSTRUCTION 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 11 RODNEY ABBOTT and FLORENTINE CaseNo. 07AS04450 12 ABBOTT, DEFENDANT RICHARD KIRK 13 Plaintiffs, RUYBALID, INDIVIDUALLY AND DBA CA CONSTRUCTION'S AMENDED 14 V. EXHIBIT LIST 15 RONALD PAUL BRITSCHGI, et al. Trial: January 18,2011 Time: 8:30 a.m. 16 Defendants. Dept.: 43 17 18 AND ALL RELATED CROSS-ACTIONS. 19 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 20 PLEASE TAKE NOTICE THAT Defendant and Cross-Complainant RICHARD KIRK 21 RUYBALID, individually and dba CA CONSTRUCTION (hereinafter "CA CONSTRUCTION") 22 hereby submits its Amended Exhibit List as follows: 23 24 JOINT EXHIBIT LIST- PREVIOUSLY MARKED DEPOSITION EXHIBITS 25 TRIAL DESCRIPTION EXHIBIT NO 26 1 Plans (retained) 2 Plans (retained) 27 3.1 Photo of home in construction 3.2 Photo of home in construction 28 NIC341/1073653-I 1 DEFENDANT RICHARD KIRK RUYBALID, INDIVIDUALLY AND DBA CA CONSTRUCTION'S EXHIBIT LIST 1 TRIAL DESCRIPTION EXHIBIT NO 2 3.4 Photo of home in construction 3.5 Photo of home in construction 3 3.6 Photo of rocks in front of home 4 Photos of finished home and landscaping 4 5 Rolling Green Way Improvement Agreement by Cadre Design Group, Inc. 8/03 5 6 Application for Building Permit r 8 CA Construction Proposal dated 10/24/05 & Invoices 6 9 Britschgi Construction Payment Documents & Receipts 10 Pacific Rim Construction Invoice 7 11 Ground Breakers Invoices 12 Plan Recheck Sheet 8 13 Dynamic Roofmg Bid-Proposal & Subcontract dated 8/12/05 and Invoices Q 14 Beutler Corporation Fax dated 1/24/06 15 Britschgi Construction Certificate of Insurance 10 16 Florez Paving Invoices 17 Century Concrete Invoices 11 18 Youngdahl Consulting Group, Inc. Contract dated 10/31/06 19 Di Christina Custom Builders Proposal dated 2/6/07 & Invoices 12 20 Photo of home (exterior of garages) 21 Floor plan of home 13 22 Application for Building Permit to Sacramento County Building Inspection & Invoice from CA Construction 14 23 Mutual Release and Covenant to not Sue between Albert Sanchez, Cadre Design Group, Inc. and Rodney and Florentine Abbott dated 8/21/07 15 24 Notice of Taking Deposition and Request for Production of Documents to Ronald Paul Britschgi 16 26 Photos of construction 27 Elevation and Layout Approval by CA Construction dated 1/14/06 17 28 CA Construction's Item Actual Cost Breakdown dated 6/19/03 through 4/1/06 18 29 Letter from Luis L. Moreno (Civil Engineer) dated 1/9/06 regarding #4 dowels 19 30 Bond Documents regarding Complaint made by Abbotts against Britschgi Construction 20 31 Plans (retained) 32 Residential Inspection Record 21 33 Authorization for Work to Be Performed Signed by Peter Atchison dated 12/8/05 22 34 County of Sacramento Structural Tests and Inspection Schedule-Special Inspection and/or Structural Observation Acceptance 23 35 White Cap Construction Supply Preliminary 20 Day Notice 36 J & C m Holding, Inc.-Wayside dba Wayside Lumber Co., Inc. Preliminary 24 20 Day Notice 25 37 CA Construction Job Profitability Detail for Abbott, Rodney & Florentine: 8601 Rolling Green Way 26 38 Letter from CA Construction to CNA Surety regarding Abbott Claim 39 Photo of home in construction 27 40 Photos of construction of home 41 Photos of construction of home 78 42 Notice of Taking Deposition with Production of Documents to Rodney NIC34 I/l 073653-1 2 DEFENDANT RK: H A R D KIRK RUYBALID, INDIVIDUALLY AND DBA CA CONSTRUCTION'S EXHIBIT LIST 1 TRIAL DESCRIPTION EXHIBIT NO 2 Abbott 43 The Bond Exchange and Insurance Agency Invoice and Frontage Agreement 3 44 Pacific Rim Construction Invoice 45 Photo of construction of home 4 46 Photo of construction of home 47 Photo of construction of home 5 48 Photo of construction of home 49 Photo of construction of home 6 50 Plaintiffs Responses to Form Interrogatories By Rodney Abbott 51 Richard K. Rubalid dba CA Construction's Notice of Taking the Deposition 7 of Donn C. Marinovich 52 CV of Donn C. Marinovich 8 53 Confractors State License Board Complaint Inspection Report for Florentine Abbott 9 54 Sacramento County Building Inspection Application for Permit 10 55.1 Floor Plan 55.2 Floor Plan 11 55.3 Front Elevation Plan 55.4 Floor Plan 12 55.5 Floor Plan 55.6 Floor Plan 13 55.7 Floor Plan 55.8 Floor Plan 14 55.9 Floor Plan 55.10 Floor Plan 15 55.11 Floor Plan 55.12 Floor Plan 16 55.13 Interior Elevations Plan 55.14 Foundation/Floor Framing Plan 17 55.15 Main Floor Plan 56.1 Parcel Map 18 56.2 Front Elevation Plan 56.3 Front Elevation Plan 19 56.4 Parcel Map 56.5 Parcel Map 20 56.6 Parcel Map 57 Structural Calculations 21 58 Youngdahl Consulting Group, Inc. Contract for Services dated 10/31/06 22 60 Notice of Taking Expert Witness Deposition on Oral Examination and Request for Production of Documents at Deposition to Robert "Skip" 23 Weahimt 61 CV of Robert D. Weahunt, Jr. 24 62 Conceptual Site Plan with Grading 63 Photo of Side Exterior of home 25 64 Vicinity Map, Plot Plan, Structural Sections, Main Floor Plan, Foundation/Floor Framing Plan, Roof Framing Plan 26 65A Photo of penny width crack in flatwork 65B Photo of crack in flatwork 27 66 Photo of crack in flatwork 67 Photo of crack in flatwork 28 68 Photo of crack in flatwork NIC34I/I073653-1 3 DEFENDANT RICHARD KIRK RUYBALID, INDIVIDUALLY AND DBA CA CONSTRUCTION'S EXHIBIT LIST 1 TRIAL DESCRIPTION EXHIBIT NO 2 69 Photo of drywall crack in ceiling 70 Photo of interior trim separation 3 71 Photo of stucco crack 72 Photo of stucco crack 4 73 Photo of drywall crack 74 Photo of interior trim separation 5 75 Photo of stucco crack 76 Letter to Florentine abbot regarding elevation of home 6 77 Letter to Stephanie Finelli regarding opinion ofreview of documents dated 3/26/09 7 Contractors State License Board definitions and responsibilities ofan 78 Owner/Builder and Inspection report from Construction Testing & 8 Engineering, Inc. dated 1/28/06 79 Contractors State License Board pamphlet on Owner/Builder responsibilities 9 Sacramento County Code Sections Applicable to Visibility Obstructions at 80 Public Streets and Private Driveways 10 81 Abbott Residence Estimate for Repairs (Total $204,518.00) 11 82 Email between Robert Weahunt and James Lee regarding preparing for depositions 12 83 City of Coronado Public Handout #12: Slopped Driveways 84 City of Coronado Engineering & Project Development Memorandum dated 13 6/2/05 85 Copy ofCivil Engineering Forum regarding Maximum Driveway Slopes 14 86 Emailed between Robert Weadon and Jody Hashimgami at Sacramento County regarding Grading permits dated 2/26/09 15 87 Sacramento Valley Association of Building Officials Code Review Committee Question/Survey for May Results and Committee Supported 16 Responses Re: Egress from Dwelling Units to the Public Way and Property Line Wall in Shell Building 17 88 Fax from Architectural Engineering Computer Service dated 3/14/09 Re: Information on Ramp Slopes 18 89 CA Construction Proposal dated 10/24/05 90 Photo 19 91 Notice of Taking Expert Witness Deposition on Oral Examination and Request for Production of Documents at Deposition 20 92 Plainfiffs' Expert Witness Disclosure and Expert Witness Declaration 93 Charts reflecting stud spacing 21 94 Nofice of Taking Expert Witness Deposition on Oral Examination and Request for Production of Documents at Deposition 22 96A Landscape Architect Plans 96B Landscape Architect Plans 23 96C As Built Site Map by the Landscape Architect 96D Conceptual Site Plan w/Grading by the Landscape Architect 24 97 CV of James Robert Lee, Jr. 98 Plaintiffs' Expert Witness Disclosure and Expert Witness Declaration 25 Copy ofan email from skip to James Lee dated 2/20/09 re: grading on the 99 Abbott home 26 100 Copy ofemail from James Lee to skip dated 2/24/09 re Placer County Fire Codes for driveways 27 101 Duplicate ofExhibit 100 28 102 Email from skip to James Lee dated 3/2/09 re: grading plans N1C34I/I073653-1 4 DEFENDANT RICHARD KIRK RUYBALID, INDIVIDUALLY AND DBA CA CONSTRUCTION'S EXHIBIT LIST 1 TRIAL DESCRIPTION EXHIBIT NO 2 103 Email from James Lee or skip dated 3/23/09 re: as built site map 104 Email form skip to James Lee dated 3/30/09 re: fill undemeath slab 3 106 Photos of construction and grading 107 Photos of construcfion 4 108 Photos of constmction 109 Photos of construcfion 5 110 Photos of constmction of home 111 Photos of construction of home and rocks in front of home 6 112 Photos of finished home 113 Photo of finished home 7 Frontage Agreement between the County of Sacramento and Abbotts dated 114 8/26/05 8 115 Irrevocable Letter of Credit dated 8/22/05 9 116 General Indemnity Agreement between D7 M Tile and Abbotts dated 8/23/05 10 117 Fax from Jennifer Giboney at the Bond Exchange and Insurance Agency to Flo Abbott dated 8/24/05 Re request for grading Permit Surety Bond 11 118 Photos of grading 119 Requests for Admission, Set One to Plainfiff Rodney Abbott 12 120 Responses to Requests for Admissions 121 Uniform Residenfial Appraisal Report 13 122 Email dated 4/28/09 from Flo Abbott to Prestige re Lee's Opinion re Soil Compaction and Building Footings 14 123 Weahimt Esfimate of Repair and Handwritten Notes 124 Plainfiffs' Supplemental Expert Witness Disclosure and Declaration 15 125 Groimd Breakers invoice No. 115 to Rob and Flo Abbott for grading (12 hrs/$960) and load rock in garage (4 hrs/$320), total invoice amount $1,280 16 126 Purvis Excavating Invoice No. 1 to plaintiffs' expert Robin Lee for contract and expert work on 5/11/09, invoice amount $450 17 127 Ground Breakers invoice #101 to Rob and Flo Abbott to cut pad for home site at 8601 Rolling Green Way, $1300. Invoice Notes: "I guess we are 18 going to be back at your lot soon loading gravel and back filling the garage, Mark." 19 128 Abbott check receipt regarding check to Ground Breakers for $1300 129 Ground Breakers Invoice #691 for preparing Rolling Green cul-de-sac for 20 new housing project, including removal of trees, stumps and vegetation, $2000 21 130 Grounder Breakers Invoice No. 690 regarding prepared 8601 Rolling Green Way for new housing project including removal of trees, stumps and 22 vegetafion, invoice amount $2,000 131 Ground Breakers Invoice #692 to Larry O'Brien (Flo Abbott) to remove 5 23 concrete columns and underlying footings from entrance to Rolling Green cul-de-sac, $1400 24 132 Handwritten Notes 133 Ground Breakers invoice No. 115 to Rob and Flo Abbott for grading (12 25 hrs/$960) and load rock in garage (4 hrs/$320), total invoice amount $1,280 134 Constmcfion Tesfing & Engineering, Inc. inspection report for observation 26 of clean aggregate poured into garage foundation walls, observed by technician Steve Mears 27 140 R4 Corporafion's Nofice of Taking Deposition of Plaintiff Rodney Abbott (3rd depo) 28 N1C34I/1073653-1 5 DEFENDANT RICHARD KIRK RUYBALID, INDIVIDUALLY AND DBA CA CONSTRUCTION'S EXHIBIT LIST 1 TRIAL DESCRIPTION EXHIBIT NO 2 141 Plaintiffs' Objections to Nofice of Deposifion and Request to Produce Documents to Plaintiff Rodney Abbott (3rd depo) 3 142 Third Amended Complaint 143 Nofice of Taking Deposifion of Plainfiff Florentine Abbott 4 144 EFI Global Report dtd. 4/18/09 150 Nofice of Taking Confinued Deposifion of Expert Robert "Robin" Lee, Jr. 5 and Request for Producfion of Documents at Deposition 151 Color laser copies of photos. Shots 1, 2, 2a, 3a, 3b and 4 6 152 Color laser copies of photos PIC 19 through PIC 59 153 Color laser copies of photos PIC 41 through PIC 69 (54, 66, 67 and 68 7 omitted) 153 Color laser copies of photos PIC 41 through PIC 69 (54, 66, 67 and 68 8 omitted) 154 Landscape architect license for James R. Lee, Jr. 9 155 Packet of e-mail correspondence 10 156 Site plan, one sheet 157 Color photos 11 12 13 DEFENDANT CA CONSTRUCTION'S EXHIBIT LIST 14 TRIAL DESCRIPTION EXHIBIT 15 NO. 16 300 General Contractor's License Application of Florentine Abbott 301 Califomia Attomey General Action Against Florenfine Abbott 17 302 Summary of Investigation from CSLB Enforcement Officer Bryan Melvin 18 303 BLANK 19 304 BLANK 305 BLANK 20 306 CV for Dave Heryet 21 307 CV for Jason Newlin 22 308 Job File From Constmcfion Testing Engineering, Inc. Produced Per Subpoena 23 309 Owner Builder Documents From The CSLB Website 310 Documents From CSL Solutions, Inc. Regarding Workers' Compensation 24 311 Nofice of Tmstee Sale 25 312 Department of Real Estate License History For Florenfine Abbott 26 313 Department of Real Estate License History for the Sacramento Owner Builder Center, Inc. 27 314 Roseville Rock and Ready Mix Invoices 28 315 CA Construction Job Cost Item Detail (CAC00084-00085) NIC341/I073653 •1 6 DEFENDANT RICHARD KIRK RUYBALID, INDIVIDUALLY AND DBA CA CONSTRUCTION'S EXHIBIT LIST 1 DESCRIPTION TRIAL 2 EXHIBIT NO. 3 316 Nimbus Landscaping Invoice (CAC00086) 4 317 Photograph of Pre-Slab Condifions (CACOOl111) 318 Cost of Repair As Prepared by Dave Heryet 5 319 Florentine Abbott CSLB Complaint Form Against CA Construcfion 6 320 CTE Invoice to Florentine Abbott for Soils Tech on 1/27/2006 7 321 CTE Soils Analysis Data, Sample taken 12/8/2005 322 Sacramento County Inspecfion Schedule for Compaction of Garage Fill, by Terty 8 Haagensen 9 323 CSLB Literature re Owner/Builder 324 Literature from Owner Builder Center, Inc. 10 325 Preliminary Conceptual Cost Evaluafion of Foundation Configurations, by Dave 11 Heryet 12 CA CONSTRUCTION hereby reserves the right to supplement and/or amend this exhibit 13 list. CA CONSTRUCTION further reserves the right to offer additional rebuttal evidence or 14 exhibits as is called for by the evidence. 15 16 Dated: January / / ,201 1 ARCHER NORRIS 17 18 ^-r^/^^ Todd A. Jones 19 Gregory K. Federico Attomeys for Defendants/Cross-Defendants 20 RICHARD KIRK RUYBALID, indi\ idually and dba CA CONSTRUCTION 21 22 23 24 25 26 27 28 NIC34 l/I 073653- DEFENDANT RICHARD KIRK RUYBALID, INDIVIDUALLY AND DBA CA CONSTRUCTION'S EXHIBIT LIST