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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SACRAMENTO
DATE/TIME : JANUARY 25, 2011 DEPT. NO : 43
JUDGE : BRIAN R. VAN CAMP CLERK : T. BROWN
REPORTER : NONE BAILIFF : NONE
PRESENT:
RODNEY ABBOTT and FLORENTINE ABBOTT, STEPHANIE FINELLI
Plaintiff,
VS. CaseNo.: 07AS04450
RONALD PAUL BRITSCHGI, ind and dba BRITSCHGI TODD JONES
CONTSTRUCTION; RICHARD KIRK RUYBALD, ind and GREGORY FEDERICO
dba CA CONSTRUCTION; et a!..
Defendant. MARK SMITH in pro per
Nature of Proceedings: JURY TRIAL DAY SIX
The above-entitled matter came before this Court for further jury trial this date with the plaintiffs, the
defendants in the person of Richard Ruybalid, and the above-named counsel present.
At 09:08 a.m., the jurors and alternate jurors entered the courtroom and were properly seated.
The plaintiff called MARK SMITH, who was sworn and testified pursuant to Evidence Code 776.
The plaintiff called FLORENTINE ABBOTT, who was sworn and testified on her own behalf.
During the course of the testimony of Ms. Abbott, counsel stipulated and the Court agreed to interrupt
such testimony to allow witnesses out of order.
The plaintiff called LINDA MOLINARY and JAMES LEE, who were sworn and testified.
Outside of the presence of the jury, the Court heard an Evidence Code section 402 hearing on the scop
of Robert Weahunt's testimony as fully stated into the record. Mr. Weahunt was sworn and testified.
The plaintiff called ROBERT WEAHUNT, who testified under oath.
BOOK 43 Superior Court of California, County of
PAGE 4450 012511 JTD6 Sacramento
DATE JANUARY 25, 2011
CASE NO. 07AS04450
CASE TITLE ABBOTT V BRITSCHGI
BY: T. BROWN,
Deputy Cle
Page 1 of 3
4450 112511 JTD6
CASENUMBER: 07AS04450 DEPARTMENT: 43
CASE TITLE: ABBOTT V BRITSCHGI
PROCEEDINGS: JURY TRIAL DAY SIX
Following exhi bits were mar ked for identification JOINTLY:
Number Date Date Exhibits of:
or Marked Admitted JOINT
Letter I.D. Detailed Description of Exhibit
40 01/25/11 4 pg doc:8.5 x 11 color photocopies depicting: man
in red shirt;wooden forms w/3 men visible; wooden
forms, trees in background; wooden forms, barnlike
structure in background
81 01/25/11 1 pg doc: list of items and dollar amounts labeled
^ABBOTT RESIDENCE ESTIMATE FOR REPAIRS', no
date
212 01/25/10 1 pg doc: photocopy of invoice Cascade Rock to
Rolling Green dated 1/25/06
96C 01/25/11 1 pg, full size landscape architectural plans re:
Rolling Green Way by Lee
111 01/25/11 1 pg doc: 8.5 x 11 paper w/2 b/w photocopies
depicting: unfinished home, portion of unfinished
home w/ latrine visible
112 01/25/11 1 pg doc: 8.5 x 11 paper w/3 b/w photocopies
depicting: top portion of finished home w/vehicle
visible on left; top half of house , front portion of
vehicle visible on left
121 01/25/11 26 pg doc: appraisal report re: Rolling Green Way,
dated 4/23/09 by Linda Molinari
125 01/25/11 1 pg doc: invoice from GroundBreaker to Abbott
dated 1/22/06 for $1,280.00
127 01/25/11 1 pg doc: invoice from GroundBreaker to Abbott
dated 12/05/05 for $1,300.00
128 01/25/11 1 pg doc: photocopy of check for $1,300.00 to
GroundBreaker dated 12/07/05
129 01/25/11 1 pg doc: invoice from GroundBreaker to Obrien
dated 8/23/05 for $2,000.00
130 01/25/11 1 pg doc: invoice from GroundBreaker to Abbott
dated 8/23/05 for $2,000.00
131 01/25/11 1 pg doc: invoice from GroundBreaker to Obrien
dated 9/19/05 for $1,400.00
BOOK 43 Superior Court of California, Coi
PAGE 4450 012511 JTD6 Sacramento
DATE JANUARY 25, 2011
CASE NO. 07AS04450
CASE TITLE ABBOTT V BRITSCHGI
BY: T. BROWN,.
Deputy Cleric
Page 2 of 3
CASENUMBER: 07AS04450 DEPARTMENT: 43
CASE TITLE: ABBOTT V BRITSCHGI
PROCEEDINGS: JURY TRIAL DAY SIX
157E 01/25/11 8.5 X 11 page w/ 2 color photocopies depicting: dirt
surrounded by concrete, bottom with dozer bucket
157F 01/25/11 8.5 X 11 page w/ 2 color photocopies depicting: dirt
w/ tape measure and pile of dirt, hose pipes visible
157L 01/25/11 8.5 X 11 page w/ 2 color photocopies depicting:
person in #24 holding dark object; shovel in dirt,
dark object
157M 01/25/11 8.5 X 11 page w/ 2 color photocopies depicting:
shovel in dirt; dozer bucket holding dirt clump
1570 01/25/11 8.5 X 11 page w/ 2 color photocopies depicting: pile
of dirt, bricks in background; person holding tape
measure over ground
157S 01/25/11 8.5 X 11 page w/ 2 color photocopies depicting:hole
in dirt next to wall; same as above, different angle
The following exhibits were marked for identification on behalf of the PLAINTIFF
Number Date Date Exhibits o f :
or Marked Admitted PLAINTIFF
Letter I.D. Detailed Description of Exhibit
212 01/25/10 1 pg doc: photocopy of invoice Cascade Rock
t o Rolling Green dated 1 / 2 5 / 0 6
223 01/25/11 4 pg doc: 8.5 x 1 1 b / w photos depicting:
open garage door; side of house w / 2
windows; driveway w / hose; retaining wall
226 01/25/11 2 pg doc: list of items w / dollar amounts, 1st
heading: Value Conclusions
At 4:35 p.m., the Court announced the evening recess, admonished the jurors in accordance with the
law and ordered this matter continued to January 26, 2011, at 9:00 a.m., in this department.
Outside of the presence of the jury, the Court excused juror Sandra Nelson for a previously aired
hardship.
BOOK 43 Superior Court of California, Coi
PAGE 4450 012511 JTD6 Sacramento
DATE JANUARY 25, 2011
CASE NO. 07AS04450
CASE TITLE ABBOTT V BRITSCHGI
BY: T. BROWN,
Deputy Clerk
Page 3 of 3
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SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO DATE/TIME : JANUARY 25, 2011 DEPT. NO : 43 JUDGE : BRIAN R. VAN CAMP CLERK : T. BROWN REPORTER : NONE BAILIFF : NONE PRESENT: RODNEY ABBOTT and FLORENTINE ABBOTT, STEPHANIE FINELLI Plaintiff, VS. CaseNo.: 07AS04450 RONALD PAUL BRITSCHGI, ind and dba BRITSCHGI TODD JONES CONTSTRUCTION; RICHARD KIRK RUYBALD, ind and GREGORY FEDERICO dba CA CONSTRUCTION; et a!.. Defendant. MARK SMITH in pro per Nature of Proceedings: JURY TRIAL DAY SIX The above-entitled matter came before this Court for further jury trial this date with the plaintiffs, the defendants in the person of Richard Ruybalid, and the above-named counsel present. At 09:08 a.m., the jurors and alternate jurors entered the courtroom and were properly seated. The plaintiff called MARK SMITH, who was sworn and testified pursuant to Evidence Code 776. The plaintiff called FLORENTINE ABBOTT, who was sworn and testified on her own behalf. During the course of the testimony of Ms. Abbott, counsel stipulated and the Court agreed to interrupt such testimony to allow witnesses out of order. The plaintiff called LINDA MOLINARY and JAMES LEE, who were sworn and testified. Outside of the presence of the jury, the Court heard an Evidence Code section 402 hearing on the scop of Robert Weahunt's testimony as fully stated into the record. Mr. Weahunt was sworn and testified. The plaintiff called ROBERT WEAHUNT, who testified under oath. BOOK 43 Superior Court of California, County of PAGE 4450 012511 JTD6 Sacramento DATE JANUARY 25, 2011 CASE NO. 07AS04450 CASE TITLE ABBOTT V BRITSCHGI BY: T. BROWN, Deputy Cle Page 1 of 3 4450 112511 JTD6 CASENUMBER: 07AS04450 DEPARTMENT: 43 CASE TITLE: ABBOTT V BRITSCHGI PROCEEDINGS: JURY TRIAL DAY SIX Following exhi bits were mar ked for identification JOINTLY: Number Date Date Exhibits of: or Marked Admitted JOINT Letter I.D. Detailed Description of Exhibit 40 01/25/11 4 pg doc:8.5 x 11 color photocopies depicting: man in red shirt;wooden forms w/3 men visible; wooden forms, trees in background; wooden forms, barnlike structure in background 81 01/25/11 1 pg doc: list of items and dollar amounts labeled ^ABBOTT RESIDENCE ESTIMATE FOR REPAIRS', no date 212 01/25/10 1 pg doc: photocopy of invoice Cascade Rock to Rolling Green dated 1/25/06 96C 01/25/11 1 pg, full size landscape architectural plans re: Rolling Green Way by Lee 111 01/25/11 1 pg doc: 8.5 x 11 paper w/2 b/w photocopies depicting: unfinished home, portion of unfinished home w/ latrine visible 112 01/25/11 1 pg doc: 8.5 x 11 paper w/3 b/w photocopies depicting: top portion of finished home w/vehicle visible on left; top half of house , front portion of vehicle visible on left 121 01/25/11 26 pg doc: appraisal report re: Rolling Green Way, dated 4/23/09 by Linda Molinari 125 01/25/11 1 pg doc: invoice from GroundBreaker to Abbott dated 1/22/06 for $1,280.00 127 01/25/11 1 pg doc: invoice from GroundBreaker to Abbott dated 12/05/05 for $1,300.00 128 01/25/11 1 pg doc: photocopy of check for $1,300.00 to GroundBreaker dated 12/07/05 129 01/25/11 1 pg doc: invoice from GroundBreaker to Obrien dated 8/23/05 for $2,000.00 130 01/25/11 1 pg doc: invoice from GroundBreaker to Abbott dated 8/23/05 for $2,000.00 131 01/25/11 1 pg doc: invoice from GroundBreaker to Obrien dated 9/19/05 for $1,400.00 BOOK 43 Superior Court of California, Coi PAGE 4450 012511 JTD6 Sacramento DATE JANUARY 25, 2011 CASE NO. 07AS04450 CASE TITLE ABBOTT V BRITSCHGI BY: T. BROWN,. Deputy Cleric Page 2 of 3 CASENUMBER: 07AS04450 DEPARTMENT: 43 CASE TITLE: ABBOTT V BRITSCHGI PROCEEDINGS: JURY TRIAL DAY SIX 157E 01/25/11 8.5 X 11 page w/ 2 color photocopies depicting: dirt surrounded by concrete, bottom with dozer bucket 157F 01/25/11 8.5 X 11 page w/ 2 color photocopies depicting: dirt w/ tape measure and pile of dirt, hose pipes visible 157L 01/25/11 8.5 X 11 page w/ 2 color photocopies depicting: person in #24 holding dark object; shovel in dirt, dark object 157M 01/25/11 8.5 X 11 page w/ 2 color photocopies depicting: shovel in dirt; dozer bucket holding dirt clump 1570 01/25/11 8.5 X 11 page w/ 2 color photocopies depicting: pile of dirt, bricks in background; person holding tape measure over ground 157S 01/25/11 8.5 X 11 page w/ 2 color photocopies depicting:hole in dirt next to wall; same as above, different angle The following exhibits were marked for identification on behalf of the PLAINTIFF Number Date Date Exhibits o f : or Marked Admitted PLAINTIFF Letter I.D. Detailed Description of Exhibit 212 01/25/10 1 pg doc: photocopy of invoice Cascade Rock t o Rolling Green dated 1 / 2 5 / 0 6 223 01/25/11 4 pg doc: 8.5 x 1 1 b / w photos depicting: open garage door; side of house w / 2 windows; driveway w / hose; retaining wall 226 01/25/11 2 pg doc: list of items w / dollar amounts, 1st heading: Value Conclusions At 4:35 p.m., the Court announced the evening recess, admonished the jurors in accordance with the law and ordered this matter continued to January 26, 2011, at 9:00 a.m., in this department. Outside of the presence of the jury, the Court excused juror Sandra Nelson for a previously aired hardship. BOOK 43 Superior Court of California, Coi PAGE 4450 012511 JTD6 Sacramento DATE JANUARY 25, 2011 CASE NO. 07AS04450 CASE TITLE ABBOTT V BRITSCHGI BY: T. BROWN, Deputy Clerk Page 3 of 3