On September 24, 2007 a
Order
was filed
involving a dispute between
and
for (Breach of Contract/Warranty)
in the District Court of Sacramento County.
Preview
SUPERIOR COURT OF CALIFORNIA,
COUNTY OF SACRAMENTO
GORDON D SCHABER COURTHOUSE
MINUTE ORDER
DATE: 10/29/2010 TIME: 02:00:00 PM DEPT: 53
JUDICIAL OFFICER PRESIDING: Kevin Culhane
CLERK: E. Brown
REPORTER/ERM:
BAILIFF/COURT ATTENDANT:
CASE NO: 07AS04450 CASE INIT.DATE: 09/24/2007
CASE TITLE: Rodney Abbott, et al vs. Ronald Paul Britschgi, et al
CASE CATEGORY: Civil - Unlimited
EVENT ID/DOCUMENT ID: ,5296524
EVENT TYPE: Hearing on Demurrer - Civil Law and Motion - Demurrer/JOP
MOVING PARTY: R4Corp
CAUSAL DOCUMENT/DATE FILED: Demurrer to Second Amended Complaint and Notice of Hearing,
06/21/2010
APPEARANCES
Nature of Proceeding: Hearing on Demurrer
TENTATIVE RULING
R4Corp Inc.'s Demurrer to the 2nd amended complaint is sustained as follows:
The Court is not considering the Declaration of Ruybalid as this evidence goes beyond the scope of a
demurrer.
Plaintiffs allege that Ruybalid dba CA Construction breached a construction contract. Plaintiffs entered
the contract in 2005 with Richard K. Ruybalid, dba CA Construction, for supply and installation of the
concrete foundation and garage slab. In 2006, CA Construction became incorporated under the name
R4CORP, INC. Plaintiff contends that R4CORP, Inc. is the successor entity to CA Construction and is
liable for the actions of Ruybalid dba CA Construction. Ruybalid responded to discovery in 2008 stating
that defendant was a corporation, setting forth the identity of R4CORP, Inc. Ruybalid filed for Chapter 13
bankruptcy on February 18, 2010. Plaintiffs state the timing of the DOE amendment was due to new
information about insurance coverage for CA Construction. After defendant initially identified an
applicable insurance policy for the acts alleged against it, Plaintiff discovered in December of 2009 that
CA Construction's insurance company was claiming a reservation of rights on the $1 million insurance
policy.
The DOE allegations are set forth in paragraph 6 of the Second Amended Complaint. There are no
specific DOE allegations in each separate cause of action, however each cause of action incorporates
the general DOE allegations.
DATE: 10/29/2010 MINUTE ORDER Page 1
DEPT: 53 Calendar No.
CASE TITLE: Rodney Abbott, et al vs. Ronald Paul CASE NO: 07AS04450
Britschgi, et al
Plaintiffs admit that moving party is alleged to be liable only for the acts of Ruybalid, dba CA
Construction, therefore the demurrer for uncertainty and failure to state a cause of action is sustained as
to the 1st, 2nd, 3rd, 7th and 8th causes of action, which do not allege claims against Ruybalid dba CA
Construction.
Plaintiff is given leave to amend the DOE allegations as to all causes of action and to specifically allege
facts as to the liability of DOE 4. Plaintiffs to file and serve a 3rd amended complaint on or before
November 19, 2010. Response to be filed and served within 10 days of service of the amended
complaint, 15 days if served by mail.
The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further
notice is required.
COURT RULING
There being no request for oral argument, the Court affirmed the tentative ruling.
DATE: 10/29/2010 MINUTE ORDER Page 2
DEPT: 53 Calendar No.
Document Filed Date
October 29, 2010
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
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO GORDON D SCHABER COURTHOUSE MINUTE ORDER DATE: 10/29/2010 TIME: 02:00:00 PM DEPT: 53 JUDICIAL OFFICER PRESIDING: Kevin Culhane CLERK: E. Brown REPORTER/ERM: BAILIFF/COURT ATTENDANT: CASE NO: 07AS04450 CASE INIT.DATE: 09/24/2007 CASE TITLE: Rodney Abbott, et al vs. Ronald Paul Britschgi, et al CASE CATEGORY: Civil - Unlimited EVENT ID/DOCUMENT ID: ,5296524 EVENT TYPE: Hearing on Demurrer - Civil Law and Motion - Demurrer/JOP MOVING PARTY: R4Corp CAUSAL DOCUMENT/DATE FILED: Demurrer to Second Amended Complaint and Notice of Hearing, 06/21/2010 APPEARANCES Nature of Proceeding: Hearing on Demurrer TENTATIVE RULING R4Corp Inc.'s Demurrer to the 2nd amended complaint is sustained as follows: The Court is not considering the Declaration of Ruybalid as this evidence goes beyond the scope of a demurrer. Plaintiffs allege that Ruybalid dba CA Construction breached a construction contract. Plaintiffs entered the contract in 2005 with Richard K. Ruybalid, dba CA Construction, for supply and installation of the concrete foundation and garage slab. In 2006, CA Construction became incorporated under the name R4CORP, INC. Plaintiff contends that R4CORP, Inc. is the successor entity to CA Construction and is liable for the actions of Ruybalid dba CA Construction. Ruybalid responded to discovery in 2008 stating that defendant was a corporation, setting forth the identity of R4CORP, Inc. Ruybalid filed for Chapter 13 bankruptcy on February 18, 2010. Plaintiffs state the timing of the DOE amendment was due to new information about insurance coverage for CA Construction. After defendant initially identified an applicable insurance policy for the acts alleged against it, Plaintiff discovered in December of 2009 that CA Construction's insurance company was claiming a reservation of rights on the $1 million insurance policy. The DOE allegations are set forth in paragraph 6 of the Second Amended Complaint. There are no specific DOE allegations in each separate cause of action, however each cause of action incorporates the general DOE allegations. DATE: 10/29/2010 MINUTE ORDER Page 1 DEPT: 53 Calendar No. CASE TITLE: Rodney Abbott, et al vs. Ronald Paul CASE NO: 07AS04450 Britschgi, et al Plaintiffs admit that moving party is alleged to be liable only for the acts of Ruybalid, dba CA Construction, therefore the demurrer for uncertainty and failure to state a cause of action is sustained as to the 1st, 2nd, 3rd, 7th and 8th causes of action, which do not allege claims against Ruybalid dba CA Construction. Plaintiff is given leave to amend the DOE allegations as to all causes of action and to specifically allege facts as to the liability of DOE 4. Plaintiffs to file and serve a 3rd amended complaint on or before November 19, 2010. Response to be filed and served within 10 days of service of the amended complaint, 15 days if served by mail. The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required. COURT RULING There being no request for oral argument, the Court affirmed the tentative ruling. DATE: 10/29/2010 MINUTE ORDER Page 2 DEPT: 53 Calendar No.