On September 24, 2007 a
Motion-Secondary
was filed
involving a dispute between
and
for (Breach of Contract/Warranty)
in the District Court of Sacramento County.
Preview
1 Todd A. Jones (Bar No. 198024)
Gregory K. Federico (Bar No. 242184)
2 ARCHER NORRIS
A Professional Law Corporation
3 655 University Avenue, Suite 225
Sacramento, California 95825-6747
4 Telephone: 916.646.2480
Facsimile: 916.646.5696
5
Attorneys for Defendants and Cross-Defendants
6 RICHARD KIRK RUYBALID, individually, and
dba CA CONSTRUCTION
7
8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF SACRAMENTO
10
11 RODNEY ABBOTT and FLORENTINE Case No. 07AS04450
ABBOTT,
12 DECLARATION OF GREGORY K.
Plaintiffs, FEDERICO IN SUPPORT OF CA
13 CONSTRUCTION'S SUPPLEMENTAL
v. BRIEF IN OPPOSITION TO PLAINTIFFS'
14 MOTION FOR LEAVE TO RE-OPEN
RONALD PAUL BRITSCHGI, et al., DISCOVERY
15
Defendants. Date: August 27, 2009
16 Time: 9:00 a.m.
Dept: 54
17
AND ALL RELATED CROSS-ACTIONS.
18
19
20 I, Gregory K. Federico, declare as follows:
21 1. I am an attorney duly licensed to practice before all the Courts in the State of
22 California and I am an associate with Archer Norris, attorneys of record for Defendant and Cross-
23 Complainant RICHARD KIRK RUYBALID, individually and dba CA CONSTRUCTION ("CA
24 CONSTRUCTION"). I have personal knowledge of the matters set forth herein except where
25 stated on information and belief. If called upon as a witness in this matter, I could and would
26 competently testify thereto.
27 2. Plaintiffs RODNEY ABBOTT and FLORENTINE ABBOTT ("PLAINTIFFS")
28 hired defendant MARK SMITH dba GROUNDBREAKERS ("SMITH") to perform all grading
N1C341/839625-1 . 1
DECLARATION OF GREGORY K. FEDERICO IN SUPPORT OF CA CONSTRUCTION'S SUPPLEMENTAL
BRIEF IN OPPOSITION TO PLAINTIFFS' MOTION FOR LEAVE TO RE-OPEN DISCOVERY
1 activities at the subject property in late 2005 and early 2006.
2 3. PLAINTIFFS hired and ultimately paid CONSTRUCTION TESTING &
3 ENGINEERING, INC. ("CTE") for their work on the property. This occurred in January of
4 2006.
5 4. PLAINTIFFS have deposed the person(s) most knowledgeable of Defendants CA
6 CONSTRUCTION and BRITSCHGI CONSTRUCTION, as well as the person most
7 knowledgeable for Cross-Defendant CADRE DESIGN GROUP.
8 5. For the first time in this case, the FAC alleges that PLAINTIFFS and unidentified
9 "family members" have sustained personal injuries due to mold exposure at the subject property.
10 6. PLAINTIFFS filed a claim under their homeowner's insurance policy. Their
11 insurer conducted an investigation prior to discovery closing. Also, the insurer issued a report to
12 PLAINTIFFS after discovery closed. Although PLAINTIFFS shared this report with the defense
13 after the date initially set for trial, the defense has not examined PLAINTIFFS on the details
14 surrounding their claim, the disposition of said claim including payment of any insurance
15 proceeds, and the potential depositions of insurance representatives who administered the claim
16 and the engineer who issued the report.
17
18 I declare under penalty of perjury under the laws of the State of California that the
19 foregoing is true and correct Executed this 24th day of August, 2009, at Sacramento, California.
20
21
22 GREGORY K. FEDERICO
23
24
25
26
27
28
NIC341/839625-1 2
DECLARATION OF GREGORY K. FEDERICO IN SUPPORT OF CA CONSTRUCTION'S SUPPLEMENTAL
BRIEF IN OPPOSITION TO PLAINTIFFS' MOTION FOR LEAVE TO RE-OPEN DISCOVERY
Document Filed Date
August 24, 2009
Case Filing Date
September 24, 2007
Category
(Breach of Contract/Warranty)
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
1 Todd A. Jones (Bar No. 198024) Gregory K. Federico (Bar No. 242184) 2 ARCHER NORRIS A Professional Law Corporation 3 655 University Avenue, Suite 225 Sacramento, California 95825-6747 4 Telephone: 916.646.2480 Facsimile: 916.646.5696 5 Attorneys for Defendants and Cross-Defendants 6 RICHARD KIRK RUYBALID, individually, and dba CA CONSTRUCTION 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 11 RODNEY ABBOTT and FLORENTINE Case No. 07AS04450 ABBOTT, 12 DECLARATION OF GREGORY K. Plaintiffs, FEDERICO IN SUPPORT OF CA 13 CONSTRUCTION'S SUPPLEMENTAL v. BRIEF IN OPPOSITION TO PLAINTIFFS' 14 MOTION FOR LEAVE TO RE-OPEN RONALD PAUL BRITSCHGI, et al., DISCOVERY 15 Defendants. Date: August 27, 2009 16 Time: 9:00 a.m. Dept: 54 17 AND ALL RELATED CROSS-ACTIONS. 18 19 20 I, Gregory K. Federico, declare as follows: 21 1. I am an attorney duly licensed to practice before all the Courts in the State of 22 California and I am an associate with Archer Norris, attorneys of record for Defendant and Cross- 23 Complainant RICHARD KIRK RUYBALID, individually and dba CA CONSTRUCTION ("CA 24 CONSTRUCTION"). I have personal knowledge of the matters set forth herein except where 25 stated on information and belief. If called upon as a witness in this matter, I could and would 26 competently testify thereto. 27 2. Plaintiffs RODNEY ABBOTT and FLORENTINE ABBOTT ("PLAINTIFFS") 28 hired defendant MARK SMITH dba GROUNDBREAKERS ("SMITH") to perform all grading N1C341/839625-1 . 1 DECLARATION OF GREGORY K. FEDERICO IN SUPPORT OF CA CONSTRUCTION'S SUPPLEMENTAL BRIEF IN OPPOSITION TO PLAINTIFFS' MOTION FOR LEAVE TO RE-OPEN DISCOVERY 1 activities at the subject property in late 2005 and early 2006. 2 3. PLAINTIFFS hired and ultimately paid CONSTRUCTION TESTING & 3 ENGINEERING, INC. ("CTE") for their work on the property. This occurred in January of 4 2006. 5 4. PLAINTIFFS have deposed the person(s) most knowledgeable of Defendants CA 6 CONSTRUCTION and BRITSCHGI CONSTRUCTION, as well as the person most 7 knowledgeable for Cross-Defendant CADRE DESIGN GROUP. 8 5. For the first time in this case, the FAC alleges that PLAINTIFFS and unidentified 9 "family members" have sustained personal injuries due to mold exposure at the subject property. 10 6. PLAINTIFFS filed a claim under their homeowner's insurance policy. Their 11 insurer conducted an investigation prior to discovery closing. Also, the insurer issued a report to 12 PLAINTIFFS after discovery closed. Although PLAINTIFFS shared this report with the defense 13 after the date initially set for trial, the defense has not examined PLAINTIFFS on the details 14 surrounding their claim, the disposition of said claim including payment of any insurance 15 proceeds, and the potential depositions of insurance representatives who administered the claim 16 and the engineer who issued the report. 17 18 I declare under penalty of perjury under the laws of the State of California that the 19 foregoing is true and correct Executed this 24th day of August, 2009, at Sacramento, California. 20 21 22 GREGORY K. FEDERICO 23 24 25 26 27 28 NIC341/839625-1 2 DECLARATION OF GREGORY K. FEDERICO IN SUPPORT OF CA CONSTRUCTION'S SUPPLEMENTAL BRIEF IN OPPOSITION TO PLAINTIFFS' MOTION FOR LEAVE TO RE-OPEN DISCOVERY