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STEPHANIE J. FINELLI, SBN 173462
I Law Office of Stephanie J. Finelli
1001 Sixth Street, Suite 400
2 Sacramento, CA 95814
Tel (916) 443-2144
3 fax (916) 443-1511
4 Attomey for Plaintiffs,
FLORENTINE and RODNEY ABBOTT
5
6
7
8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF SACRAMENTO
10
CaseNo.:07AS04450
11 FLORENTINE AND RODNEY ABBOTT,
NOTICE OF ORDER GRANTING RELIEF
12 Plaintiffs, FROM STAY IN BANKRUPTCY COURT
13 vs.
14 RONALD BRITSCHGI, et. al.,
15 Defendants
16
17 and related cross-action
18
19 Attached hereto is a Civil Minute Order from the Bankruptcy Court in In re Ruybalid,
20 case number 10-23787-E-13L, showing that a Motion for Relief From the Automatic Stay was
21 granted as set forth therein on July 8, 2010.
22
23 Dated: July 14, 2010
Stepha
24
Attomey for Plaintiffs,
25 Florentine and Rodney Abbott
26
27
28
Order -
FILED
J u l y 0 8 , 2010
CLERK, U S BANKRUPTCY COURT
EASTERN D I S T R I C T OF CALIFORNIA
D57
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF CALIFORNIA
CIVIL MINUTE ORDER
Case Title: Richard K Ruybalid CaseNo: 10-23787-E - 13L
Date: 7/6/10
Time : 01 00
Matter: [46] - Motion/Application to Approve Stipulation for Relief from the Automatic Stay
[PJR-2] Filed by Creditors Florentine Abbott, Rodney Abbott (dpas)
Judge : Ronald H Sargis
Courtroom Deputy : Janet Larson
Reporter: NOT RECORDED
Department: E
APPEARANCES for
Movant(s):
None
Respondent(s):
None
CiVIL MINUTE ORDER
Findings of Fact and Conclusions of Law are stated in the Civil Minutes for the heanng
The Motion for Relief From the Automatic Stay filed by the creditor having been presented to the court, and
upon review of the pleadings, evidence, arguments of counsel, and good cause appeanng,
IT IS ORDERED that the automatic stay provisions of 11 U S C Section 362(a) are immediately modified to
allow Rodney Abbott and Florentine Abbott to prosecute to final judgment in the Sacramento County
Supenor Court Case Abbott v Bntschgi et al, case no 07AS04450, to liquidate any and all claims against
Richard Ruybalid in said action, and to enforce said judgment against nay other entity, which includes
insurers of Mr Ruybalid
IT IS FURTHER ORDERED that the automatic stay remains in full force and effect with respect to any
other acts or proceedings, including, without limitation, the enforcement of any judgment obtained by the
Abbotts against Mr Ruybalid personally or any assets of the Bankruptcy Estate in this case
IT IS FURTHER ORDERED that the stay is not modified to allow the state court to, and the bankruptcy
court does not abstain from making, to allow make any conclusions of law or issue any final determinations
findings of fact and conclusions of law ansmg under the Bankruptcy Code The state court proceedings,
and all determinations made therein shall be given issue preclusion, res judicata, or such other
determinative effect as proper under the doctnnes governing litigation of issues between the state and
federal courts
No other or additional relief is granted
Dated: July 08, 2010 ^^ ^^^ ^^^''^
kruptcy Court
PROOF OF SERVICE BY MAIL
CASE NAME: Abbott v. Britschgi
CASE NUMBER: Sacramento County Superior Court 07AS04450
I declare that:
I am a citizen ofthe United States and a resident ofthe County of Sacramento. I am,
and at all times mentioned herein was, an active member ofthe State Bar ofCalifornia and
not a party to the above-entitled cause. My business address is 1007 Seventh Street, Suite
500, Sacramento, Califomia 95814.
On June 22,2010, pursuant to CCP §1013A(2), I served the following:
NOTICE OF ORDER GRANTING RELEIF FROM STAY IN BANKRUPTCY COURT
BY MAIL: by depositing a copy of said document in the United States mail in Sacramento,
Califomia, in a sealed envelope, withpostage Miy prepaid, addressed as follows:
Gregory Federico
Archer Norris
301 University Ave., Suite 110
Sacramento, CA 95825
Richard Sopp
Maloney, Wheatley, Sopp & Brooks
1004 Moon River Rock Drive, Suite 245
Folsom, CA 95630
Mark Smith
8549 Willow Valley Place
Granite Bay, CA 95746
I declare under penalty of perjury under the laws of the State o^ C^^lifomia the
foregoing is tme and correct.
Dated: July 14,2010
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STEPHANIE J. FINELLI, SBN 173462 I Law Office of Stephanie J. Finelli 1001 Sixth Street, Suite 400 2 Sacramento, CA 95814 Tel (916) 443-2144 3 fax (916) 443-1511 4 Attomey for Plaintiffs, FLORENTINE and RODNEY ABBOTT 5 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SACRAMENTO 10 CaseNo.:07AS04450 11 FLORENTINE AND RODNEY ABBOTT, NOTICE OF ORDER GRANTING RELIEF 12 Plaintiffs, FROM STAY IN BANKRUPTCY COURT 13 vs. 14 RONALD BRITSCHGI, et. al., 15 Defendants 16 17 and related cross-action 18 19 Attached hereto is a Civil Minute Order from the Bankruptcy Court in In re Ruybalid, 20 case number 10-23787-E-13L, showing that a Motion for Relief From the Automatic Stay was 21 granted as set forth therein on July 8, 2010. 22 23 Dated: July 14, 2010 Stepha 24 Attomey for Plaintiffs, 25 Florentine and Rodney Abbott 26 27 28 Order - FILED J u l y 0 8 , 2010 CLERK, U S BANKRUPTCY COURT EASTERN D I S T R I C T OF CALIFORNIA D57 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA CIVIL MINUTE ORDER Case Title: Richard K Ruybalid CaseNo: 10-23787-E - 13L Date: 7/6/10 Time : 01 00 Matter: [46] - Motion/Application to Approve Stipulation for Relief from the Automatic Stay [PJR-2] Filed by Creditors Florentine Abbott, Rodney Abbott (dpas) Judge : Ronald H Sargis Courtroom Deputy : Janet Larson Reporter: NOT RECORDED Department: E APPEARANCES for Movant(s): None Respondent(s): None CiVIL MINUTE ORDER Findings of Fact and Conclusions of Law are stated in the Civil Minutes for the heanng The Motion for Relief From the Automatic Stay filed by the creditor having been presented to the court, and upon review of the pleadings, evidence, arguments of counsel, and good cause appeanng, IT IS ORDERED that the automatic stay provisions of 11 U S C Section 362(a) are immediately modified to allow Rodney Abbott and Florentine Abbott to prosecute to final judgment in the Sacramento County Supenor Court Case Abbott v Bntschgi et al, case no 07AS04450, to liquidate any and all claims against Richard Ruybalid in said action, and to enforce said judgment against nay other entity, which includes insurers of Mr Ruybalid IT IS FURTHER ORDERED that the automatic stay remains in full force and effect with respect to any other acts or proceedings, including, without limitation, the enforcement of any judgment obtained by the Abbotts against Mr Ruybalid personally or any assets of the Bankruptcy Estate in this case IT IS FURTHER ORDERED that the stay is not modified to allow the state court to, and the bankruptcy court does not abstain from making, to allow make any conclusions of law or issue any final determinations findings of fact and conclusions of law ansmg under the Bankruptcy Code The state court proceedings, and all determinations made therein shall be given issue preclusion, res judicata, or such other determinative effect as proper under the doctnnes governing litigation of issues between the state and federal courts No other or additional relief is granted Dated: July 08, 2010 ^^ ^^^ ^^^''^ kruptcy Court PROOF OF SERVICE BY MAIL CASE NAME: Abbott v. Britschgi CASE NUMBER: Sacramento County Superior Court 07AS04450 I declare that: I am a citizen ofthe United States and a resident ofthe County of Sacramento. I am, and at all times mentioned herein was, an active member ofthe State Bar ofCalifornia and not a party to the above-entitled cause. My business address is 1007 Seventh Street, Suite 500, Sacramento, Califomia 95814. On June 22,2010, pursuant to CCP §1013A(2), I served the following: NOTICE OF ORDER GRANTING RELEIF FROM STAY IN BANKRUPTCY COURT BY MAIL: by depositing a copy of said document in the United States mail in Sacramento, Califomia, in a sealed envelope, withpostage Miy prepaid, addressed as follows: Gregory Federico Archer Norris 301 University Ave., Suite 110 Sacramento, CA 95825 Richard Sopp Maloney, Wheatley, Sopp & Brooks 1004 Moon River Rock Drive, Suite 245 Folsom, CA 95630 Mark Smith 8549 Willow Valley Place Granite Bay, CA 95746 I declare under penalty of perjury under the laws of the State o^ C^^lifomia the foregoing is tme and correct. Dated: July 14,2010