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1 CRAIG N. LUNDGREN - State Bar No. 148842
RACHEL T. ANDERSON - State Bar No. 266505 E** B n E*" n**i ffr-' "\ s iri% f?*\ ti*^ fi p0 *H*
2 LUNDGREN & REYNOLDS, LLP
424 2nd Street, Suite A
FILED/fcNOQRSED
3 Davis, CA 95616
(530) 297-5030 (Voice) FEB 1 6 2010
4 (530) 297-5077 (Facsimile)
5 By:. L Gutierrez
Attorneys for defendant, cross-complainant Deputy Clerk
6 and cross-defendant
RONALD PAUL BRITSCHGI,
7 individually and dba BRITSCHGI CONSTRUCTION
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SACRAMENTO
10 RODNEY ABBOTT and FLORENTINE ) CASE NO. 07AS04450
ABBOTT,
11 RONALD BRITSCHGI'S
Plaintiffs, DECLARATION IN SUPPORT OF
12 MOTION TO DETERMINE GOOD
v. FAITH SETTLEMENT
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RONALD PAUL BRITSCHGI et al., DATE: March 16,2010
14 TIME: 2:00 p.m.
Defendants. DEPT: 53
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16 AND RELATED CROSS-ACTIONS.
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19 I, RONALD PAUL BRITSCHGI, declare:
20 1. I am a defendant in this action, and I have personal knowledge of the facts
21 stated in this declaration.
22 2. I am a general contractor/carpenter, and do not currently have a steady income.
23 3. I have relied upon the insurance coverage provided by WESTERN HERITAGE
24 INSURANCE COMPANY, under a reservation of rights, to pay for my litigation costs in the
25 action brought against me by the ABBOTTS.
26 4. Without the coverage provided by WESTERN HERITAGE, I have insufficient
27 funds to pay for litigation costs or to pay any judgment to the ABBOTTS.
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1 5. Without the settlement agreement between myself and WESTERN HERITAGE
2 and JEFFREY APPERSON, JR., whereby those parties will provide me with the $50,000
3 funds to settle with the ABBOTTS, if a judgment were entered against me by the ABBOTTS,
4 I would be forced to declare bankruptcy and would be unable to pay anything to the
5 ABBOTTS.
6 I declare under penalty of perjury under the laws of the State of California that the
7 foregoing is true and correct and that, if called as a witness, I could testify competently
8 thereto. Executed this /£>*^day of February, 2010, at fi/r%i£, //&#/•£$• , California.
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10 RONALD PAUL BRITSCHGI
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1 Rodney Abbott, et al. V. Ronald Paul Britschgi, et ai
Sacramento County Superior Court No. 07AS04450
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DECLARATION OF SERVICE
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I am a citizen of the United States, over the age of 18 years, and not a party to or
4 interested in this action. I am an employee of Lundgren and Reynolds, LLP and my business
address is 424 2nd Street, Suite A, Davis, California. On this day I caused to be served the
5 following document(s):
6 RONALD BRITSCHGI'S DECLARATION IN SUPPORT OF MOTION TO
DETERMINE GOOD FAITH SETTLEMENT
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IXI By placing a true copy, in a sealed envelope, with postage fully prepaid, in the United
8 States Post Office mail at Davis, California, addressed as set forth below. I am
familiar with this firm's practice whereby the mail, after being placed in a designated
9 area, is given the appropriate postage and is deposited in a U.S. mail box after the
close of the day's business.
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D By personal delivery of a true copy to the person indicated and at the address set forth
11 below.
12 D By Federal Express Mail to the person and at the address set forth below.
13 D By transmitting a true copy by facsimile to the person and at the facsimile number set
forth below.
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Stephanie J. Finelli Attorney for Plaintiffs
15 Law Office of Stephanie J. Finelli Rodney Abbott, Florentine Abbott
1007 Seventh Street, Suite 500
16 Sacramento, CA 95814
FAX (916) 443-1511
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Gregory K. Federico Attorney for defendant, cross-
18 Archer Norris Defendant and cross-complainant
655 University Avenue, #225 Richard Kirk Ruybalid, individually
19 Sacramento, CA 95825 and dba CA Construction
FAX (916) 646-5695
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Richard D. Sopp Attorney for cross-defendant and
21 Wheatley Sopp, LLP cross-complainant
1004 River Rock Drive, Suite 245 Cadre Design Group, Inc.
22 Folsom, CA 95630
FAX (916) 988-5296
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Mark Alan Smith Defendant
24 Groundbreakers
549 Willow Valley Place
25 Granite Bay, CA 95746
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I \craig's client files\britschgi (abbott v)\pleadmgs\pser doc
PROOF OF SERVICE
1 I declare under penalty of perjury under the laws of the State of California that the
2 foregoing is true and correct. Executed on February 10, 2010, atJDavis, California.
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'SHAULA PATCHETT
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1 \crarg's client filesNbntschgi (abbott v)\pleadmgs\pser doc 2
PROOF OF SERVICE
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1 CRAIG N. LUNDGREN - State Bar No. 148842 RACHEL T. ANDERSON - State Bar No. 266505 E** B n E*" n**i ffr-' "\ s iri% f?*\ ti*^ fi p0 *H* 2 LUNDGREN & REYNOLDS, LLP 424 2nd Street, Suite A FILED/fcNOQRSED 3 Davis, CA 95616 (530) 297-5030 (Voice) FEB 1 6 2010 4 (530) 297-5077 (Facsimile) 5 By:. L Gutierrez Attorneys for defendant, cross-complainant Deputy Clerk 6 and cross-defendant RONALD PAUL BRITSCHGI, 7 individually and dba BRITSCHGI CONSTRUCTION 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 RODNEY ABBOTT and FLORENTINE ) CASE NO. 07AS04450 ABBOTT, 11 RONALD BRITSCHGI'S Plaintiffs, DECLARATION IN SUPPORT OF 12 MOTION TO DETERMINE GOOD v. FAITH SETTLEMENT 13 RONALD PAUL BRITSCHGI et al., DATE: March 16,2010 14 TIME: 2:00 p.m. Defendants. DEPT: 53 15 16 AND RELATED CROSS-ACTIONS. 17 18 19 I, RONALD PAUL BRITSCHGI, declare: 20 1. I am a defendant in this action, and I have personal knowledge of the facts 21 stated in this declaration. 22 2. I am a general contractor/carpenter, and do not currently have a steady income. 23 3. I have relied upon the insurance coverage provided by WESTERN HERITAGE 24 INSURANCE COMPANY, under a reservation of rights, to pay for my litigation costs in the 25 action brought against me by the ABBOTTS. 26 4. Without the coverage provided by WESTERN HERITAGE, I have insufficient 27 funds to pay for litigation costs or to pay any judgment to the ABBOTTS. 28 1 5. Without the settlement agreement between myself and WESTERN HERITAGE 2 and JEFFREY APPERSON, JR., whereby those parties will provide me with the $50,000 3 funds to settle with the ABBOTTS, if a judgment were entered against me by the ABBOTTS, 4 I would be forced to declare bankruptcy and would be unable to pay anything to the 5 ABBOTTS. 6 I declare under penalty of perjury under the laws of the State of California that the 7 foregoing is true and correct and that, if called as a witness, I could testify competently 8 thereto. Executed this /£>*^day of February, 2010, at fi/r%i£, //&#/•£$• , California. 9 10 RONALD PAUL BRITSCHGI 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Rodney Abbott, et al. V. Ronald Paul Britschgi, et ai Sacramento County Superior Court No. 07AS04450 2 DECLARATION OF SERVICE 3 I am a citizen of the United States, over the age of 18 years, and not a party to or 4 interested in this action. I am an employee of Lundgren and Reynolds, LLP and my business address is 424 2nd Street, Suite A, Davis, California. On this day I caused to be served the 5 following document(s): 6 RONALD BRITSCHGI'S DECLARATION IN SUPPORT OF MOTION TO DETERMINE GOOD FAITH SETTLEMENT 7 IXI By placing a true copy, in a sealed envelope, with postage fully prepaid, in the United 8 States Post Office mail at Davis, California, addressed as set forth below. I am familiar with this firm's practice whereby the mail, after being placed in a designated 9 area, is given the appropriate postage and is deposited in a U.S. mail box after the close of the day's business. 10 D By personal delivery of a true copy to the person indicated and at the address set forth 11 below. 12 D By Federal Express Mail to the person and at the address set forth below. 13 D By transmitting a true copy by facsimile to the person and at the facsimile number set forth below. 14 Stephanie J. Finelli Attorney for Plaintiffs 15 Law Office of Stephanie J. Finelli Rodney Abbott, Florentine Abbott 1007 Seventh Street, Suite 500 16 Sacramento, CA 95814 FAX (916) 443-1511 17 Gregory K. Federico Attorney for defendant, cross- 18 Archer Norris Defendant and cross-complainant 655 University Avenue, #225 Richard Kirk Ruybalid, individually 19 Sacramento, CA 95825 and dba CA Construction FAX (916) 646-5695 20 Richard D. Sopp Attorney for cross-defendant and 21 Wheatley Sopp, LLP cross-complainant 1004 River Rock Drive, Suite 245 Cadre Design Group, Inc. 22 Folsom, CA 95630 FAX (916) 988-5296 23 Mark Alan Smith Defendant 24 Groundbreakers 549 Willow Valley Place 25 Granite Bay, CA 95746 26 27 28 I \craig's client files\britschgi (abbott v)\pleadmgs\pser doc PROOF OF SERVICE 1 I declare under penalty of perjury under the laws of the State of California that the 2 foregoing is true and correct. Executed on February 10, 2010, atJDavis, California. 3 'SHAULA PATCHETT 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 \crarg's client filesNbntschgi (abbott v)\pleadmgs\pser doc 2 PROOF OF SERVICE