On September 24, 2007 a
Motion,Ex Parte
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)
tjones@archemorris.com
2 Gregory K. Federico (Bar No. 242184)
gfederico@archemorris.com ' 1 -^r"?/C|vfrifio«?':'
3 ARCHERNORRIS
A Professional Law Corporation
4 301 University Avenue, Suite 110 FEB 1 6 2011
Sacramento, Califomia 95825-5537
5 Telephone: 916.646.2480
Facsimile: 916.646.5696 By L \Vhirfi';!d
6 De-i'ty Clerk
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
Plaintiffs, FOR ATTORNEYS FEES, EXPENSES
14 AND COSTS; MEMORANDUM OF
POINTS & AUTHORITIES; REQUEST
Dl. 15 FOR JUDICIAL NOTICE;
RONALD PAUL BRITSCHGI, et al. DECLARATION OF TODD A. JONES IN
O 16 SUPPORT THEREOF; AND [PROPOSED]
Defendants. ORDER
17
Date: March 18, 2011
18 Time: 10:30 a.m
Dept: 43
19 Judge: Brian Van Camp
20 Action Filed: September 24, 2007
21
22 AND RELATED CROSS-ACTIONS.
23
24
TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
25
Please take notice that at 10:30 a.m., on March 18, 2011, in Department 43 ofthe above-
26
entitled court, located at 720 Ninth Street, Sacramento, Califomia, Defendant RICHARD KIRK
27
RUYBALID, mdividually, and dba CA CONSTRUCTION ("CA CONSTRUCTION") will move
28
NIC341/I090I42-I
NOTICE OF MOTION AND MOTION FOR ATTORNEYS' FEES, EXPENSES AND COSTS
1 and does hereby move this court for an award of attomey's fees, expenses and costs and for entry
2 ofjudgment consistent with such an order. This motion is made on the grounds that CA
3 CONSTRUCTION prevailed on Plaintiff RODNEY and FLORENTINE ABBOTT's
4 ("Plaintiffs") breach of contract cause of action against it, and pursuant to Califomia Code of
5 Civil Procedure § 1717 as CA CONSTRUCTION is the prevailing party under the contract. The
6 contract that was the subject ofthis action contains a prevailing party attomey's fees provision.
7 This motion will be based upon Code of Civil Procedure §§ 1032 and 1033.5, Civil Code
8 § 1717, California Rules of Court, Rule 3.1702, this Notice of Motion, Request for Judicial
9 Notice, Memorandum of Points and Authorities, the accompanying Declaration of Todd A. Jones,
10 and upon such other oral and/or documentary evidence as may be adduced at the hearing on this
11 motion.
12 Pursuant to Local Rule 3.04, the court will make a tentative ruling on the merits ofthis
13 matter by 2:00 p.m., the court day before the hearing. You may access and download the court's
14 mling from the court's website at http://www.saccourt.ca.gov. If you do not have online access,
15 you may obtain the tentative mling over the telephone by calling (916) 874-8142 and a deputy
16 clerk will read the mling to you. Ifyou wish to request oral argument, you must contact the
17 courtroom clerk at (916) 874-7561 (Department 43) and the opposing party before 4:00 p.m. the
18 court day before the hearing. Ifyou do not call the court and the opposing party by 4:00 p.m. on
19 the court day before the hearing, no hearing will be held.
20 Dated: Febmary 16,2011 ARCHERNORRIS
21
22
Todd A.Jones ,
23 Gregory K. Federico
Attomeys for Defendants and Cross-
24 Defendants RICHARD KIRK RUYBALID,
individually, and dba CA CONSTRUCTION
26
27
28
NIC341/1090I42-I 2
NOTICE OF MOTION AND MOTION FOR ATTORNEYS' FEES, EXPENSES AND COSTS
Document Filed Date
February 16, 2011
Case Filing Date
September 24, 2007
Category
(Breach of Contract/Warranty)
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