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Ijf **Jl«
Todd A. Jones (BarNo. 198024)
tjones@archemorris.com
2 Gregory K. Federico (Bar No. 242184)
gfederico@archemorris.com
ENDORSED
3 ARCHER NORRIS fOOEC-6 AHII:i42
A Professional Law Corporation
4 301 University Avenue, Suite 110 LEGAL PROCESS ^ 7
Sacramento, Califomia 95825
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
9 SUPERIOR COURT OF CALIFORNIA
10 COUNTY OF SACRAMENTO
11
12 RODNEY ABBOTT and FLORENTINE CaseNo. 07AS04450
ABBOTT,
13 NOTICE OF MOTION AND MOTION TO
Plaintiffs, COMPEL VERIFIED RESPONSES FROM
14 PLAINTIFF FLORENTINE ABBOTT TO
V. CA CONSTRUCTION'S FORM
15 INTERROGATORIES, SET TWO,
RONALD PAUL BRITSCHGI, et al.. REQUEST FOR PRODUCTION OF
16 DOCUMENTS, SET ONE, AND REQUEST
Defendants. FOR ADMISSIONS, SET ONE; REQUEST
17 TO DEEM REQUESTS FOR ADMISSIONS
AS ADMITTED; AND REQUEST FOR
18 SANCTIONS; MEMORANDUM OF
POINTS AND AUTHORITIES IN
19 SUPPORT THEREOF; DECLARATION
OF GREGORY K. FEDERICO IN
20 SUPPORT THEREOF; [PROPOSED]
ORDER
21
Hearing Date: January 3, 2011
22 Hearing Time: 2:00 p.m.
Hearing Dept: 53
23
Trial Date: January 17, 2011
24 Action Filed: September 24, 2007
25
26 AND RELATED CROSS-ACTIONS
27
PLEASE TAKE NOTICE that on January 3, 2011, at 2 00 p.m. in Department 53 of
28
N1C341/1059048-1
NOTICE OF MOTION TO COMPEL RESPONSES TO FR, RFP, AND RFA
1 this Court, located at 800 9th Street, in Sacramento, Califomia, or as soon thereafter as the matter
2 may be heard, pursuant to Code ofCivil Procedure section 2033.290 et seq, Defendant
3 RICHARD KIRK RUYBALID, individually and dba CA CONSTRUCTION ("CA
4 CONSTRUCTION") will and hereby does move this Court for an Order as follows:
5 1. Compelling Plaintiff FLORENTFNE ABBOTT to provide verified responses,
6 without objections, to Form Interrogatories, Set Two, Request for Production of Documents, Set
7 One, and Request for Admissions, Set One as propounded by CA CONSTRUCTION;
8 2. That the trath ofany matters specified in the Requests for Admissions be deemed
9 admitted pursuant to Code ofCivil Procedure §§ 2033.280 (b) and (c).
10 3 Imposing sanctions on Plaintiff FLORENTINE ABBOTT and her counsel,
11 pursuant to Code ofCivil Procedure §§§ 2030.290(c), 2031.300(c), 2033 280 (b) and (c), and §§
12 2023.010(d) and (h), for her failure to act with any justification in providing incomplete and
13 unverified responses to discovery, and for her abuse ofthe discovery process by failing to provide
14 verified responses to discovery in the amount of $1,057.50.
15 This Motion will be based on this Notice, the accompanying Memorandum of Points and
16 Authorities, and the accompanying Declaration of Gregory K. Federico and exhibits, all of which
17 are served and filed herewith, and all other documentary and oral evidence as may be presented at
18 the hearing on this matter.
19 Pursuant to Local Rule 3.04, the court will make a tentative raling on the merits ofthis
20 matter by 2:00 p.m., the court day before the hearing. You may access and download the court's
21 mling from the court's website at http://www.saccourt.ca.gov. Ifyou do not have online access,
22 you may obtain the tentative ruling over the telephone by calling (916) 874-8142 and a deputy
23 clerk will read the raling to you. Ifyou wish to request oral argument, you must contact the
24 courtroom clerk at (916) 874-7858 (Department 53) and the opposing party before 4:00 p.m. the
25 court day before the hearing. Ifyou do not call the court and the opposing party by 4:00 p.m. on
26 the court day before the hearing, no hearing will be held.
27 ///
28 ///
N1C34I/1059048-1 2
NOTICE OF MOTION TO COMPEL RESPONSES TO FR, RFP, AND RFA
1 Dated: December 3, 2010 ARCHERNORRIS
2
3
Gregory K. Federico
4 Attomeys for Defendants and Cross-
Defendants RICHARD KIRK RUYBALID,
5 individually, and dba CA CONSTRUCTION
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N1C341/1059048-1
NOTICE OF MOTION TO COMPEL RESPONSES TO FR, RFP, AND RFA
1 PROOF OF SERVICE
2 Name of Action: Rodney Abbott, et al. v. Ronald Paul Britschgi, et al.
Court and Action No: Sacramento County Superior No. 07AS04450
3
Cindy A. Ingland, declare that 1 am over the age of 18 years and not a party to this
4 action or proceeding. My business address is 301 University Avenue, Suite 110, Sacramento,
Califomia 95825. On December 6, 2010,1 caused the following document(s) to be served:
5
NOTICE OF MOTION AND MOTION TO COMPEL VERIFIED RESPONSES
6 FROM PLAINTIFF FLORENTINE ABBOTT TO CA CONSTRUCTION'S FORM
INTERROGATORIES, SET TWO, REQUEST FOR PRODUCTION OF
7 DOCUMENTS, SET ONE, AND REQUEST FOR ADMISSIONS, SET ONE;
REQUEST TO DEEM REQUESTS FOR ADMISSIONS AS ADMITTED; AND
8 REQUEST FOR SANCTIONS
9 I3cl ^y placing a true copy ofthe documents listed above, enclosed in a sealed envelope,
addressed as set forth below, for collection and mailing on the date and at the business
Ifl •
address shown above following our ordinary business practices. I am readily familiar
,, with this business' practice for collection and processing of correspondence for
mailing with the United States Postal Service. On the same day that a sealed envelope
12 is placed for collection and mailing,it is deposited in the ordinary course ofbusiness
with the United States Postal Service.with postage fully prepaid.
13
I I By having a trae copy ofthe document(s) listed above transmitted by facsimile to the
'^ person(s) at the facsimile number(s) set forth below before 5:00 p.m. The transmission
._ was reported as complete without error by a report issued by the transmitting facsimile
machine.
16
I I By placing a true copy ofthe document(s) listed above, in a box or other facility
17 regularly maintained by UPS, an express service carrier, or delivered to a courier or
driver authorized by the express service carrier to receive documents, in an envelope
18 designated by the express service carrier, with delivery fees paid or provided for,
addressed as set forth below.
20 • by having personal deliverv bv FIRST LEGAL SUPPORT SERVICES a true copv of
the document(s) listed above, enclosed in a sealed envelope, to the person(s) and at the
21 address(es) set forth below.
22
[SEE ATTACHED SERVICE LIST]
23
24
1 declare under penalty ofperjury that the foregoing is trae and correct. Executed on
25 December 6, 2010, at Sacramento, California.
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N1C341/608293-1
PROOF OF SERVICE
Service List
2
Stephanie Finelli PLAINTIFFS
3 Law Offices of Stephanie J Finelli
1007 Seventh Street, Suite 500 Tel (916)443-2144
4 Sacramento, CA 95814 Fax:(916)443-1511
E-mail sfinelli700@yahoo com
5
Richard D Sopp Counsel for CADRE DESIGN GROUP, INC.
6 Wheatley Sopp LLP
1004 River Rock Drive, Suite 245 Tel (916)988-3857
7 Folsom, CA 95630 Fax:(916)988-5296
Email rds@mwsblaw com
8
Mark Smith In Pro Per
9 8549 Willow Valley Place
Granite Bay, CA 95746
10
Richard W. Freeman Counsel for R4CORP
11 Scott S Brooks
WOOD SMITH HENNING & BERMAN LLP Tel (925)356-8200
12 1401 Willow Pass Road, Suite 700 Fax: (925) 356-8250
Concord, CA 94520-7982
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N1C341/608293-1
SERVICE LIST
Preview
Ijf **Jl« Todd A. Jones (BarNo. 198024) tjones@archemorris.com 2 Gregory K. Federico (Bar No. 242184) gfederico@archemorris.com ENDORSED 3 ARCHER NORRIS fOOEC-6 AHII:i42 A Professional Law Corporation 4 301 University Avenue, Suite 110 LEGAL PROCESS ^ 7 Sacramento, Califomia 95825 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 9 SUPERIOR COURT OF CALIFORNIA 10 COUNTY OF SACRAMENTO 11 12 RODNEY ABBOTT and FLORENTINE CaseNo. 07AS04450 ABBOTT, 13 NOTICE OF MOTION AND MOTION TO Plaintiffs, COMPEL VERIFIED RESPONSES FROM 14 PLAINTIFF FLORENTINE ABBOTT TO V. CA CONSTRUCTION'S FORM 15 INTERROGATORIES, SET TWO, RONALD PAUL BRITSCHGI, et al.. REQUEST FOR PRODUCTION OF 16 DOCUMENTS, SET ONE, AND REQUEST Defendants. FOR ADMISSIONS, SET ONE; REQUEST 17 TO DEEM REQUESTS FOR ADMISSIONS AS ADMITTED; AND REQUEST FOR 18 SANCTIONS; MEMORANDUM OF POINTS AND AUTHORITIES IN 19 SUPPORT THEREOF; DECLARATION OF GREGORY K. FEDERICO IN 20 SUPPORT THEREOF; [PROPOSED] ORDER 21 Hearing Date: January 3, 2011 22 Hearing Time: 2:00 p.m. Hearing Dept: 53 23 Trial Date: January 17, 2011 24 Action Filed: September 24, 2007 25 26 AND RELATED CROSS-ACTIONS 27 PLEASE TAKE NOTICE that on January 3, 2011, at 2 00 p.m. in Department 53 of 28 N1C341/1059048-1 NOTICE OF MOTION TO COMPEL RESPONSES TO FR, RFP, AND RFA 1 this Court, located at 800 9th Street, in Sacramento, Califomia, or as soon thereafter as the matter 2 may be heard, pursuant to Code ofCivil Procedure section 2033.290 et seq, Defendant 3 RICHARD KIRK RUYBALID, individually and dba CA CONSTRUCTION ("CA 4 CONSTRUCTION") will and hereby does move this Court for an Order as follows: 5 1. Compelling Plaintiff FLORENTFNE ABBOTT to provide verified responses, 6 without objections, to Form Interrogatories, Set Two, Request for Production of Documents, Set 7 One, and Request for Admissions, Set One as propounded by CA CONSTRUCTION; 8 2. That the trath ofany matters specified in the Requests for Admissions be deemed 9 admitted pursuant to Code ofCivil Procedure §§ 2033.280 (b) and (c). 10 3 Imposing sanctions on Plaintiff FLORENTINE ABBOTT and her counsel, 11 pursuant to Code ofCivil Procedure §§§ 2030.290(c), 2031.300(c), 2033 280 (b) and (c), and §§ 12 2023.010(d) and (h), for her failure to act with any justification in providing incomplete and 13 unverified responses to discovery, and for her abuse ofthe discovery process by failing to provide 14 verified responses to discovery in the amount of $1,057.50. 15 This Motion will be based on this Notice, the accompanying Memorandum of Points and 16 Authorities, and the accompanying Declaration of Gregory K. Federico and exhibits, all of which 17 are served and filed herewith, and all other documentary and oral evidence as may be presented at 18 the hearing on this matter. 19 Pursuant to Local Rule 3.04, the court will make a tentative raling on the merits ofthis 20 matter by 2:00 p.m., the court day before the hearing. You may access and download the court's 21 mling from the court's website at http://www.saccourt.ca.gov. Ifyou do not have online access, 22 you may obtain the tentative ruling over the telephone by calling (916) 874-8142 and a deputy 23 clerk will read the raling to you. Ifyou wish to request oral argument, you must contact the 24 courtroom clerk at (916) 874-7858 (Department 53) and the opposing party before 4:00 p.m. the 25 court day before the hearing. Ifyou do not call the court and the opposing party by 4:00 p.m. on 26 the court day before the hearing, no hearing will be held. 27 /// 28 /// N1C34I/1059048-1 2 NOTICE OF MOTION TO COMPEL RESPONSES TO FR, RFP, AND RFA 1 Dated: December 3, 2010 ARCHERNORRIS 2 3 Gregory K. Federico 4 Attomeys for Defendants and Cross- Defendants RICHARD KIRK RUYBALID, 5 individually, and dba CA CONSTRUCTION 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 N1C341/1059048-1 NOTICE OF MOTION TO COMPEL RESPONSES TO FR, RFP, AND RFA 1 PROOF OF SERVICE 2 Name of Action: Rodney Abbott, et al. v. Ronald Paul Britschgi, et al. Court and Action No: Sacramento County Superior No. 07AS04450 3 Cindy A. Ingland, declare that 1 am over the age of 18 years and not a party to this 4 action or proceeding. My business address is 301 University Avenue, Suite 110, Sacramento, Califomia 95825. On December 6, 2010,1 caused the following document(s) to be served: 5 NOTICE OF MOTION AND MOTION TO COMPEL VERIFIED RESPONSES 6 FROM PLAINTIFF FLORENTINE ABBOTT TO CA CONSTRUCTION'S FORM INTERROGATORIES, SET TWO, REQUEST FOR PRODUCTION OF 7 DOCUMENTS, SET ONE, AND REQUEST FOR ADMISSIONS, SET ONE; REQUEST TO DEEM REQUESTS FOR ADMISSIONS AS ADMITTED; AND 8 REQUEST FOR SANCTIONS 9 I3cl ^y placing a true copy ofthe documents listed above, enclosed in a sealed envelope, addressed as set forth below, for collection and mailing on the date and at the business Ifl • address shown above following our ordinary business practices. I am readily familiar ,, with this business' practice for collection and processing of correspondence for mailing with the United States Postal Service. On the same day that a sealed envelope 12 is placed for collection and mailing,it is deposited in the ordinary course ofbusiness with the United States Postal Service.with postage fully prepaid. 13 I I By having a trae copy ofthe document(s) listed above transmitted by facsimile to the '^ person(s) at the facsimile number(s) set forth below before 5:00 p.m. The transmission ._ was reported as complete without error by a report issued by the transmitting facsimile machine. 16 I I By placing a true copy ofthe document(s) listed above, in a box or other facility 17 regularly maintained by UPS, an express service carrier, or delivered to a courier or driver authorized by the express service carrier to receive documents, in an envelope 18 designated by the express service carrier, with delivery fees paid or provided for, addressed as set forth below. 20 • by having personal deliverv bv FIRST LEGAL SUPPORT SERVICES a true copv of the document(s) listed above, enclosed in a sealed envelope, to the person(s) and at the 21 address(es) set forth below. 22 [SEE ATTACHED SERVICE LIST] 23 24 1 declare under penalty ofperjury that the foregoing is trae and correct. Executed on 25 December 6, 2010, at Sacramento, California. 26 27 28 N1C341/608293-1 PROOF OF SERVICE Service List 2 Stephanie Finelli PLAINTIFFS 3 Law Offices of Stephanie J Finelli 1007 Seventh Street, Suite 500 Tel (916)443-2144 4 Sacramento, CA 95814 Fax:(916)443-1511 E-mail sfinelli700@yahoo com 5 Richard D Sopp Counsel for CADRE DESIGN GROUP, INC. 6 Wheatley Sopp LLP 1004 River Rock Drive, Suite 245 Tel (916)988-3857 7 Folsom, CA 95630 Fax:(916)988-5296 Email rds@mwsblaw com 8 Mark Smith In Pro Per 9 8549 Willow Valley Place Granite Bay, CA 95746 10 Richard W. Freeman Counsel for R4CORP 11 Scott S Brooks WOOD SMITH HENNING & BERMAN LLP Tel (925)356-8200 12 1401 Willow Pass Road, Suite 700 Fax: (925) 356-8250 Concord, CA 94520-7982 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 N1C341/608293-1 SERVICE LIST