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1 Todd A. Jones (Bar No. 198024)
tjones@archemorris.com
2 Gregory K. Federico (BarNo. 242184)
gfederico@archemorris.com FILED/ENDORSED
3 ARCHER NORRIS
A Professional Law Corporation
4 301 University Avenue, Suite 110
Sacramento, Califomia 95825-5537 liflAY - 3 2011
5 Telephone: 916.646.2480
FacsimUe: 916.646.5696 A MACIAS
6 By. DEPUTY CLERK
Attomeys for Defendant
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 NON-OPPOSITION TO THE
' Plaintiffs, SUPPLEMENTAL POINTS AND
14 AUTHORITIES FILED BY CA
CONSTRUCTION REGARDING ITS
15 MOTION FOR ATTORNEYS' FEES,
RONALD PAUL BRITSCHGI, et al., EXPENSES AND COSTS
16
Defendants.
17
Hearing Date: May 20, 2011
18 Time: 9:00 a.m.
Dept.: 43
19 Judge: Brian Van Camp
20 Action Filed: September 24,2007
21 AND RELATED CROSS-ACTIONS.
22
23 Pursuant to the Court's April 7,2011 tentative ruling. Defendant RICHARD KIRK
24 RUYBALID, individually and dba CA CONSTRUCTION ("CA CONSTRUCTION") filed its
25 supplemental points and authorities and attomey declarations in support of its Motion for
le Attorneys' Fees on April 18,2011. The Court's mling required Plaintiffs FLORENTINE and
11 RODNEY ABBOTT ("Plaintififs") to file an opposition to CA CONSTRUCTION'S supplemental
28 briefing on or before the close of business on Thursday, April 28, 2011. This deadline was
NIC341/1133359-1
NOTICE OF NON-OPPOSITION TO CA CONSTRUCTION'S SUPPLEMENTAL BRIEFING
1 reaffirmed in the Court's final mling denying Plaintiffs' Motion to Tax Costs, which was issued
2 on April 13,2011. CA CONSTRUCTION has not received an opposition from Plaintiffs.
3 CA CONSTRUCTION served Plaintiffs' counsel with its supplemental brief via ovemight
4 mail. Pursuant to Code of Civil Procedure § 1005(c), Plaintiffs are requu-ed to serve opposition
5 papers "...by personal delivery, facsimile transmission, express mail, or other means...reasonably
6 calculated to ensure delivery to the other party or parties not later than close ofthe next business
7 day after the time the opposing papers.. .are filed." Thus, Plaintiffs were required to serve its
8 opposition papers no later than April 29,2011. To the extent Plaintiffs file their opposition papers
9 late, CA CONSTRUCTION reserves any and all rights to file a reply brief.
10 Both the April 7, 2011 tentative mling and the Court's April 13,2011 final ruling on the
11 Motion to Tax Costs require CA CONSTRUCTION to submit its reply brief by the close of
12 business on Tuesday, May 3,2011. Having received no opposition papers from Plaintiffs to date,
13 CA CONSTRUCTION hereby submits this notice of non-opposition to its supplemental briefing.
14 Based thereon, CA CONSTRUCTION requests that this Court grant the pending motion for
15 attorneys' fees in its entirety. CA CONSTRUCTION respectfiilly requests that this Court award
16 it attomeys' fees in the amount of $187,644.00 ($178,425.00 - previously requested fees reduced
17 per the Court's order; and $9,219.00 - fees incuned since Febmary 2,2011 in the pursuit of its
18 fees and cost claims). Also, CA CONSTRUCTION requests that any award and judgment reflect
19 that it is entitled to recover interest and any costs and fees it may incur in enforcing the judgment.
20 In the altemative, CA CONSTRUCTION requests that this Court fix attomey's fees in an
21 eimount it deems reasonable, just and proper in light ofthe complete defense verdict.
22
Dated: May 3,2011 )RRIS
ARCHER NORRIS y^ )
23
24
25 Gregory K. Federico
Attomeys for Defendants
26 RICHARD KIRK RUYBALID, individually,
and dba CA CONSTRUCTION
27
28
NIC341/1133359-1
NOTICE OF NON-OPPOSITION TO CA CONSTRUCTION'S SUPPLEMENTAL BRIEFING
1 PROOF OF SERVICE
2 Name of Action: Rodney Abbott, et al. v. Ronald Paul Britschgi, et al.
Sacramento County Superior Court Case No.; 07AS04450
3
I, Cindy A. Ingland, declare that I am over the age of 18 years and not a party to this
4 action or proceeding. My IJusiness address is 301 University Avenue, Suite 110, Sacramento,
Califomia 95825. On May 3,2011,1 caused the following document(s) to be served:
5
NOTICE OF NON-OPPOSITION TO THE SUPPLEMENTAL POINTS AND
6 AUTHORITIES FILED BY CA CONSTRUCTION REGARDING ITS MOTION FOR
ATTORNEYS' FEES, EXPENSES AND COSTS
7
J I By placing a tme copy ofthe documents listed above, enclosed in a sealed envelope,
8 addressed as set forth below, for collection and mailing on the date and at the business
address shown above following our ordinary business practices. I am readily familiar
9 with this business' practice for collection and processing of conespondence for
10 mailing with the United States Postal Service. On the same day that a sealed envelope
is placed for collection and mailing, it is deposited in the ordinary course of business
11 with the United States Postal Service with postage fully prepaid.
12 I I By having a tme 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
13 was reported as complete without error by a report issued by the transmitting facsimile
14 machine.
15 H By placing a tme copy ofthe document(s) listed above, in a box or other facility
regularly maintained by UPS, an express service canier, or delivered to a courier or
16 driver authorized by the express service carrier to receive docximents, in an envelope
designated by the express service canier, with delivery fees paid or provided for,
17 addressed as set forth below.
18 rn by having personal delivery by FIRST LEGAL SUPPORT SERVICES a tme copy of
19 the document(s) listed above, enclosed in a sealed envelope, to the person(s) and at the
address(es) set forth below.
20
21 [SEE ATTACHED SERVICE LIST]
22 I declare under penalty of perjury that the foregoing is tme and coneet. Executed on May
3, 2011, at Sacramento, Califomia.
23
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26
27
28
N1C341/608293-1
PROOF OF SERVICE
Service List
Stephanie Finelli PLAINTIFFS
Law Offices of Stephanie J Fineiti
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 markdarlenesmith@gmail com
11
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13
14
15
16
17
IS
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28,
NIC341/608293-1
SERVICE LIST
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1 Todd A. Jones (Bar No. 198024) tjones@archemorris.com 2 Gregory K. Federico (BarNo. 242184) gfederico@archemorris.com FILED/ENDORSED 3 ARCHER NORRIS A Professional Law Corporation 4 301 University Avenue, Suite 110 Sacramento, Califomia 95825-5537 liflAY - 3 2011 5 Telephone: 916.646.2480 FacsimUe: 916.646.5696 A MACIAS 6 By. DEPUTY CLERK Attomeys for Defendant 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 NON-OPPOSITION TO THE ' Plaintiffs, SUPPLEMENTAL POINTS AND 14 AUTHORITIES FILED BY CA CONSTRUCTION REGARDING ITS 15 MOTION FOR ATTORNEYS' FEES, RONALD PAUL BRITSCHGI, et al., EXPENSES AND COSTS 16 Defendants. 17 Hearing Date: May 20, 2011 18 Time: 9:00 a.m. Dept.: 43 19 Judge: Brian Van Camp 20 Action Filed: September 24,2007 21 AND RELATED CROSS-ACTIONS. 22 23 Pursuant to the Court's April 7,2011 tentative ruling. Defendant RICHARD KIRK 24 RUYBALID, individually and dba CA CONSTRUCTION ("CA CONSTRUCTION") filed its 25 supplemental points and authorities and attomey declarations in support of its Motion for le Attorneys' Fees on April 18,2011. The Court's mling required Plaintiffs FLORENTINE and 11 RODNEY ABBOTT ("Plaintififs") to file an opposition to CA CONSTRUCTION'S supplemental 28 briefing on or before the close of business on Thursday, April 28, 2011. This deadline was NIC341/1133359-1 NOTICE OF NON-OPPOSITION TO CA CONSTRUCTION'S SUPPLEMENTAL BRIEFING 1 reaffirmed in the Court's final mling denying Plaintiffs' Motion to Tax Costs, which was issued 2 on April 13,2011. CA CONSTRUCTION has not received an opposition from Plaintiffs. 3 CA CONSTRUCTION served Plaintiffs' counsel with its supplemental brief via ovemight 4 mail. Pursuant to Code of Civil Procedure § 1005(c), Plaintiffs are requu-ed to serve opposition 5 papers "...by personal delivery, facsimile transmission, express mail, or other means...reasonably 6 calculated to ensure delivery to the other party or parties not later than close ofthe next business 7 day after the time the opposing papers.. .are filed." Thus, Plaintiffs were required to serve its 8 opposition papers no later than April 29,2011. To the extent Plaintiffs file their opposition papers 9 late, CA CONSTRUCTION reserves any and all rights to file a reply brief. 10 Both the April 7, 2011 tentative mling and the Court's April 13,2011 final ruling on the 11 Motion to Tax Costs require CA CONSTRUCTION to submit its reply brief by the close of 12 business on Tuesday, May 3,2011. Having received no opposition papers from Plaintiffs to date, 13 CA CONSTRUCTION hereby submits this notice of non-opposition to its supplemental briefing. 14 Based thereon, CA CONSTRUCTION requests that this Court grant the pending motion for 15 attorneys' fees in its entirety. CA CONSTRUCTION respectfiilly requests that this Court award 16 it attomeys' fees in the amount of $187,644.00 ($178,425.00 - previously requested fees reduced 17 per the Court's order; and $9,219.00 - fees incuned since Febmary 2,2011 in the pursuit of its 18 fees and cost claims). Also, CA CONSTRUCTION requests that any award and judgment reflect 19 that it is entitled to recover interest and any costs and fees it may incur in enforcing the judgment. 20 In the altemative, CA CONSTRUCTION requests that this Court fix attomey's fees in an 21 eimount it deems reasonable, just and proper in light ofthe complete defense verdict. 22 Dated: May 3,2011 )RRIS ARCHER NORRIS y^ ) 23 24 25 Gregory K. Federico Attomeys for Defendants 26 RICHARD KIRK RUYBALID, individually, and dba CA CONSTRUCTION 27 28 NIC341/1133359-1 NOTICE OF NON-OPPOSITION TO CA CONSTRUCTION'S SUPPLEMENTAL BRIEFING 1 PROOF OF SERVICE 2 Name of Action: Rodney Abbott, et al. v. Ronald Paul Britschgi, et al. Sacramento County Superior Court Case No.; 07AS04450 3 I, Cindy A. Ingland, declare that I am over the age of 18 years and not a party to this 4 action or proceeding. My IJusiness address is 301 University Avenue, Suite 110, Sacramento, Califomia 95825. On May 3,2011,1 caused the following document(s) to be served: 5 NOTICE OF NON-OPPOSITION TO THE SUPPLEMENTAL POINTS AND 6 AUTHORITIES FILED BY CA CONSTRUCTION REGARDING ITS MOTION FOR ATTORNEYS' FEES, EXPENSES AND COSTS 7 J I By placing a tme copy ofthe documents listed above, enclosed in a sealed envelope, 8 addressed as set forth below, for collection and mailing on the date and at the business address shown above following our ordinary business practices. I am readily familiar 9 with this business' practice for collection and processing of conespondence for 10 mailing with the United States Postal Service. On the same day that a sealed envelope is placed for collection and mailing, it is deposited in the ordinary course of business 11 with the United States Postal Service with postage fully prepaid. 12 I I By having a tme 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 13 was reported as complete without error by a report issued by the transmitting facsimile 14 machine. 15 H By placing a tme copy ofthe document(s) listed above, in a box or other facility regularly maintained by UPS, an express service canier, or delivered to a courier or 16 driver authorized by the express service carrier to receive docximents, in an envelope designated by the express service canier, with delivery fees paid or provided for, 17 addressed as set forth below. 18 rn by having personal delivery by FIRST LEGAL SUPPORT SERVICES a tme copy of 19 the document(s) listed above, enclosed in a sealed envelope, to the person(s) and at the address(es) set forth below. 20 21 [SEE ATTACHED SERVICE LIST] 22 I declare under penalty of perjury that the foregoing is tme and coneet. Executed on May 3, 2011, at Sacramento, Califomia. 23 24 25 26 27 28 N1C341/608293-1 PROOF OF SERVICE Service List Stephanie Finelli PLAINTIFFS Law Offices of Stephanie J Fineiti 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 markdarlenesmith@gmail com 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 26 27 28, NIC341/608293-1 SERVICE LIST