On September 24, 2007 a
Order
was filed
involving a dispute between
and
for (Breach of Contract/Warranty)
in the District Court of Sacramento County.
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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SACRAMENTO
DATE/TIME : APRIL 12,2010 DEPT. NO : 43
JUDGE : BRIAN R. VAN CAMP CLERK : T.BROWN
REPORTER : NONE BAILIFF : NONE
PRESENT:
RODNEY ABBOTT and FLORENTINE ABBOTT, STEPHANIE FINELLI
Plaintiffs,
VS. CaseNo.: 07AS04450
RONALD PAUL BRITSCHGI, ind and dba BRITSCHGI TODD A. JONES
CONTSTRUCTION; RICHARD KIRK RUYBALD, ind and RICHARD D. SOPP
dba CA CONSTRUCTION; et aL,
Defendants.
Nature ofProceedings: STATUS CONFERENCE
The above-entitled matter came before this Court on this day with the above-indicated counsel present.
Defendant in pro per Mark Smith was not present.
The Court took notice ofthe Motion for Good Faith Settlement between plaintiffs and defendant Britschgi was
granted on March 24, 2010; however, the Court also noted that the required dismissals had not been filed as of
this date.
The Court found that trial in this matter, originally calendared for May 24, 2010 before Judge Brian R. Van
Camp, was procedurally threatened by the bankruptcy filing of CA construction as evidenced by the Notice for
Automatic Stay filed with this court on March 2, 2010. In order to save the parties from possible unnecessary
pre-trial costs, the Court vacated the May 24, 2010 trial date and the Hearing on Motions in Limine associated
with that trial.
The Court now sets trial date certain for January 17, 2011 in this department, to be heard every court day except
Fridays to February 1, 2011. The date for Hearing on Motions in Limine to be determined.
The Court also set a trailing trial date for this matter for August 10, 2010 in this department, pending the
outcome ofthe currently calendared matter now pending before this court.The date for Hearing on Motions in
Limine to be determinded.
BOOK 43 SUPERIOR COURT OF CALIFORNIA,
PAGE 4450 041210 SC COUNTY OF SACRAMENTO
DATE APRIL 12, 2010
CASE NO. 07AS04450
CASE TITLE ABBOTT V BRITSCHGI
BY: T.BROWN,
Deputy Clerk
P a g e 1 of 2
Z1Z2-4450 041210 SC
CASENUMBER: 07AS04450 DEPARTMENT: 43
CASE TITLE: ABBOTT V BRITSCHGI
PROCEEDINGS: STATUS CONFERENCE
Finally, the Court ordered all parties who will be active in trial to appear for a fiirther Status Conference to be
heard on July 9, 2010 at 10:00 a.m., in Department 43 ofthe Sacramento County Superior Court.
Certificate of Service by Mailing attached.
CERTIFICATE OF SERVICE BY MAILING
C.C.P. Sec. 1013a(4))
I, the undersigned deputy clerk ofthe Superior Court ofCalifomia, County of Sacramento, do declare
under penalty ofperjury that I did this date place a copy ofthe above entitled notice in envelopes addressed to
each ofthe parties, or their counsel ofrecord as stated below, with sufficient postage affixed thereto and
deposited the same in the United States Post Office at Sacramento, Califomia.
Stephanie J. Finelli Gergory K. Federico
1007 Seventh Street, Ste. 5,00 Archer Norris
Sacramento, CA 95814 655 University Ave., Ste. 225
Sacramento, CA 95825-6747
Craig N. Lundgren Richard D. Sopp
Malovos & Mendoza Maloney, Wheatiey, Sopp etc.
3620 American River Dr. Ste. 215 1004 River Rock Dr. Ste. 245
Sacramento, CA 95864 Folsom, CA 95630
Mark Smith
8549 Willow Valley Place
Granite Bay, CA 95746
Dated: April 15, 2010 Superior Court of Califomia,
County of Sacramento
By:
Deputy Clerk
Document Filed Date
April 12, 2010
Case Filing Date
September 24, 2007
Category
(Breach of Contract/Warranty)
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SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO DATE/TIME : APRIL 12,2010 DEPT. NO : 43 JUDGE : BRIAN R. VAN CAMP CLERK : T.BROWN REPORTER : NONE BAILIFF : NONE PRESENT: RODNEY ABBOTT and FLORENTINE ABBOTT, STEPHANIE FINELLI Plaintiffs, VS. CaseNo.: 07AS04450 RONALD PAUL BRITSCHGI, ind and dba BRITSCHGI TODD A. JONES CONTSTRUCTION; RICHARD KIRK RUYBALD, ind and RICHARD D. SOPP dba CA CONSTRUCTION; et aL, Defendants. Nature ofProceedings: STATUS CONFERENCE The above-entitled matter came before this Court on this day with the above-indicated counsel present. Defendant in pro per Mark Smith was not present. The Court took notice ofthe Motion for Good Faith Settlement between plaintiffs and defendant Britschgi was granted on March 24, 2010; however, the Court also noted that the required dismissals had not been filed as of this date. The Court found that trial in this matter, originally calendared for May 24, 2010 before Judge Brian R. Van Camp, was procedurally threatened by the bankruptcy filing of CA construction as evidenced by the Notice for Automatic Stay filed with this court on March 2, 2010. In order to save the parties from possible unnecessary pre-trial costs, the Court vacated the May 24, 2010 trial date and the Hearing on Motions in Limine associated with that trial. The Court now sets trial date certain for January 17, 2011 in this department, to be heard every court day except Fridays to February 1, 2011. The date for Hearing on Motions in Limine to be determined. The Court also set a trailing trial date for this matter for August 10, 2010 in this department, pending the outcome ofthe currently calendared matter now pending before this court.The date for Hearing on Motions in Limine to be determinded. BOOK 43 SUPERIOR COURT OF CALIFORNIA, PAGE 4450 041210 SC COUNTY OF SACRAMENTO DATE APRIL 12, 2010 CASE NO. 07AS04450 CASE TITLE ABBOTT V BRITSCHGI BY: T.BROWN, Deputy Clerk P a g e 1 of 2 Z1Z2-4450 041210 SC CASENUMBER: 07AS04450 DEPARTMENT: 43 CASE TITLE: ABBOTT V BRITSCHGI PROCEEDINGS: STATUS CONFERENCE Finally, the Court ordered all parties who will be active in trial to appear for a fiirther Status Conference to be heard on July 9, 2010 at 10:00 a.m., in Department 43 ofthe Sacramento County Superior Court. Certificate of Service by Mailing attached. CERTIFICATE OF SERVICE BY MAILING C.C.P. Sec. 1013a(4)) I, the undersigned deputy clerk ofthe Superior Court ofCalifomia, County of Sacramento, do declare under penalty ofperjury that I did this date place a copy ofthe above entitled notice in envelopes addressed to each ofthe parties, or their counsel ofrecord as stated below, with sufficient postage affixed thereto and deposited the same in the United States Post Office at Sacramento, Califomia. Stephanie J. Finelli Gergory K. Federico 1007 Seventh Street, Ste. 5,00 Archer Norris Sacramento, CA 95814 655 University Ave., Ste. 225 Sacramento, CA 95825-6747 Craig N. Lundgren Richard D. Sopp Malovos & Mendoza Maloney, Wheatiey, Sopp etc. 3620 American River Dr. Ste. 215 1004 River Rock Dr. Ste. 245 Sacramento, CA 95864 Folsom, CA 95630 Mark Smith 8549 Willow Valley Place Granite Bay, CA 95746 Dated: April 15, 2010 Superior Court of Califomia, County of Sacramento By: Deputy Clerk