Preview
1 Todd A. Jones (Bax No. 198024)
Gregory K. Federico (BarNo. 242184)
2 ARCHERNORRIS
3
A Professional Law Corporation
301 University Avenue, Smte 110
Sacratnento, Califomia 95825
um^
i^lLED/ENDORSED
4 Telephone: 916.646.2480
Facsimile: 916.646.5696
5
Attomeys for 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 CaseNo. 07AS04450
ABBOTT,
12 DECLARATION OF GREGORY K.
Plaintiffs, FEDERICO IN SUPPORT OF CA
13 CONSTRUCTION'S SUPPLEMENTAL
BRIEF REGARDING ELECTION OF
14 REMEDIES; COST OF REPAIR VERSUS
RONALD PAUL BRITSCHGI, et al. DIMINUTION IN VALUE
15
Defendants. Action Filed: September 24,2007
16
Hearing Date. January 14,2011
17 Trial Date- January 18,2011
Time: 8:30 a.m.
18 Location: Department 43
19 AND ALL RELATED CROSS-ACTIONS.
20
21 I, Gregory K. Federico, hereby declare as follows;
22 1. At all times relevant, I have been an attorney licensed to practice law in the State
23 of Califomia and 1 am an associate with the law firm of Archer Norris, counsel of record for
24 Defendants RICHARD KIRK RUYBALID, individually and dba CA CONSTRUCTION
25 (hereinafter "CA CONSTRUCTION"). As such, I am personally familiar with the files in this
26 matter and all the documents contained therein. I have personal knowledge ofthe matters stated
27 herein and, if called as a witness, could and would competently testify thereto.
28
NiC549/1075584-I
DECLARATION OF GKF IN SUPPORT OF SUPPLEMENTAL BRIEF RE. ELECTION OF REMEDIES
1 2. Onor about January 4,2011,1 sent a representative of First Legal to the
2 Sacramento County Recorder's Office wherein we requested and they obtained a copy ofthe
3 Notice of Trustee's Sale as it pertains to 8601 Rolling Green Way in Fair Oaks, California, the
4 house which is the subject ofthe pending action.
5 3. Attached hereto as Exhibit-A to this declaration is a tme and correct copy of the
6 Notice of Trastee' s S ale for the subj ect property.
7 4. The subject property was originally up for sale at a public auction on December
8 22, 2010. The sale date was continued to January 24,2011, approximately five (5) days into the
9 current trial. I am advised that the Tmstee's Sale will proceed on this date.
10
11 1 declare imder penalty ofperjury under the laws ofthe State of Califomia that the
12 foregoing is tme and correct and that this declaration was executed in Sacramento, Califomia, on
13 January 12,2011.
14 h^^
15 Gregory K, Federico
16
17
18
19
20
21
22
23
24
25
26
27
NIC549/1075584-1
28
DECLARATION OF GKF IN SUPPORT OF SUPPLEMENTAL BRIEF RE ELECTION OF REMEDIES
EXHIBIT "A"
^•JSgilS6sSBQ^\AUr
RECORDING REQUESTED BY:
RECONTRUST COMPANY
180» Tapo Canyon R d , CA6-9J4-01-94
SIMI VALLEY, CA 93063 Sacramento County iMorder
Craig ft. Kramer. Clerk/Recorder
< WHEN RECORDED MAIL TO; Booif 2 0 1 0 1 1 3 0 P«'5E 0 0 5 8
RECONTRUST COMPANY Check H^atbar fl371
180a Tapo Canyon Rd., CA6-914-01-94 Tuesday, NOV 3 0 . 2010 8 : 1 7 : 4 2 AH
SIMI VALLEY. CA 93063 Ttl Pd $21.ea Nbr-e2eBB99743
TSNo. l(X-010067O
TiUe Order No. 10-&-389195 NND/89/1-2
APNNo. 246^)130-090-0000
NOTICE OF TRUSTEE'S SALE
YOU ARE IN DEFAULT UNDER A DEED OF TRUST, DATED 11/21/2006.
UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE
SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF TfiE
NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A
LAWYER.
Notice is hereby given that RECONTRUST COMPANY, N.A., as duly appointed trustee pursuant fo thc Deed ofTrust
executed by RODNEY WAYNE ABBOTT, AND FLORENTINE AVA ABBOTT, HUSBAND AND WIFE AS JOINT
TENANTS, dated 11/21/2006 and recorded 11/30/2006, as Instrument No. , in Book 20061130. Page 1370 of
Official Records in the ofBce ofthe County Recorder of SACRAMENTO County, State of California, will scil on 12/22/2010
at 09.30 AM, At the East Main entrance to the County Courthouse, 720 9th Street, Sacramento, CA 95814
at public auction, to the highest bidder for cash or clieck as described below, payable in full at time ofsale, all right, title, and
interest conveyed to and now held by it under said Deed of Trust, in the property situated in said County and State and as
more fiilly described in the above referenced Deed ofTrust. The street address and other common designation, if any, ofthe
real property described above is purported to be- 8601 ROLLING GREEN WAY, FAIR OAKS, CA 95628. The
undersigned Trustee disclaims any liability for any incorrectness ofthe street address and other common designation, if any,
shown herein.
The total amount of the unpaid balance with interest thereon ofthe obligation secured by the property to be sold plus
reasonable estimated costs, expenses and advances at the time ofthe initial publication ofthe Notice of Sale is $891,332.78.
It is possible that at the time ofsale the openbg bid may be less than the total indebtedness due.
In addition to cash, the Trustee will accept oashiei's checks drawn on a state or national bank, a check drawn by a state or
federal credit union, or a check drawn by a state or federal savmgs and loan association, savmgs association, or savings bank
specified in Section 5102 ofthe Financial Code and authorized to do business in this state
Said sale will be made, in an "AS IS" condition, but without covenant or warranty, express or implied, regarding tttle,
possession or encumbrances, to satbfy the indebtedness secured by said Deed ofTrust, advances thereunder, with interest as
provided, and the unpaid principal ofthe Note secured by said Deed ofTrust with Interest thereon as provided in said Note,
plus fees, charges and expenses ofthe Tnistee and of the trusts created by said Deed ofTrust
If required by the provisions of Section 2923.5 ofthe Califomia Civil Code, the declaration from the mortgagee, beneficiary
or authorized agent is attached to the Notice of Trustee's Sale duly recorded with the appropriate County Recorder's office.
RECONTRUST C0MPA>rY, N A .
1800 Tapo Canyon Rd, CA6-914-01-94
SIMI VALLEY, CA 93063
Phone/Sple InformaJfQi>T<800) 2&4-8219 y
^KCPVO ^^"^^m
Rosselin Rincon, Team Member
RECONTRUST COMPANY, N.A. is a debt coUector attempting to collect a debt. Any information obtamed will be used for
that purpose.
Form nos (Q7/iO)
To: Trustee
ReconTrust Company, N.A.
1800 Tapo Canyon Rd - MS: CA6-914-0I-94
Simi VaUey, CA 93063
DECLARATION OF EXEMPTION
PURSUANT TO CAL CIV. CODE 2923.54
I, Lisa L Allinson, Vice President of BAC Home Loans Servicing, LP ("Lender/Sen/lcer")
declare on behalf of Lender/Seivlcer under penalty of perjury, and under the laws of the
State of Califomia. that Lender/Servicer's business records maintained in the ordinary
course of business reflect the following is tme and correct;
BAC Home Loans Servidng, LP has obtained from the Commissioner of Corporations a
final onJer of exemption pursuant to Cal. Civ. Code Section 2923.53 that is cunent and
valid on the date the accompanying Nofice of Sale is filed.
AND
The timeframe for giving Notioe of Sale specified in subdivision (a) of Cal. Civ. Code
Section 2923.52 does not apply pursuant to Section 2923.52(b).
L < ^ y . LOOtJ^^TxO
Usa L. Allinson, Vice President
Oate
CA-DECLARATION 2923.54 BAC EX D6-1010
1 PROOF OF SERVICE
2 Name of Action: Rodney Abbott, et al. v. Ronald Paul Britschgi, et al.
Court and Action No: Sacramento County Superior 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 business address is 301 University Avenue, Suite 110, Sacramento,
Califomia 95825. On January 12, 2011,1 caused the following document(s) to be served:
5
DECLARATION OF GREGORY K. FEDERICO IN SUPPORT OF CA
6 CONSTRUCTION'S SUPPLEMENTAL BRIEF REGARDING ELECTION OF
REMEDIES; COST OF REPAIR VERSUS DIMINUTION IN VALUE
7
ra By placing a true copy ofthe documents listed above, enclosed in a sealed envelope,
8 addiessed 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 correspondence for
IQ 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 [53 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
•^ was reported as complete without error by a report issued by the transmitting facsimile
•I A macliine.
15 I I By placing a true copy ofthe document(s) listed above, in a box or other facility
regularly maintained by UPS, an express service carrier, or delivered to a courier or
16 driver authorized by the express service carrier to receive documents, in an envelope
designated by the express service carrier, with delivery fees paid or provided for,
^' addressed as set forth below.
^^ r - | bv having personal deliverv bv FIRST LEGAL SUPPORT SERVICES a true copv of
Ig 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 ofperjury that the foregoing is true and correct. Executed on
January 12,2011, at Sacramento, Califomia.
23
24
25
26
27
28
NIC341/608293-1
PROOF OF SERVICE
1 Service List
2
Stephanie Finelli PLAINTIFFS
3 Law Offices of Stephanie J. Finelli
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 Richard W Freeman Counsel for R4CORP
Scott S. Brooks
12 WOOD SMITH HENNING & BERMAN LLP Tel' (925) 356-8200
1401 Willow Pass Road, Suite 700 Fax: (925) 356-8250
13 Concord, CA 94520-7982
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
NIC341/608293-1 2
SERVICE LIST
Preview
1 Todd A. Jones (Bax No. 198024) Gregory K. Federico (BarNo. 242184) 2 ARCHERNORRIS 3 A Professional Law Corporation 301 University Avenue, Smte 110 Sacratnento, Califomia 95825 um^ i^lLED/ENDORSED 4 Telephone: 916.646.2480 Facsimile: 916.646.5696 5 Attomeys for 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 CaseNo. 07AS04450 ABBOTT, 12 DECLARATION OF GREGORY K. Plaintiffs, FEDERICO IN SUPPORT OF CA 13 CONSTRUCTION'S SUPPLEMENTAL BRIEF REGARDING ELECTION OF 14 REMEDIES; COST OF REPAIR VERSUS RONALD PAUL BRITSCHGI, et al. DIMINUTION IN VALUE 15 Defendants. Action Filed: September 24,2007 16 Hearing Date. January 14,2011 17 Trial Date- January 18,2011 Time: 8:30 a.m. 18 Location: Department 43 19 AND ALL RELATED CROSS-ACTIONS. 20 21 I, Gregory K. Federico, hereby declare as follows; 22 1. At all times relevant, I have been an attorney licensed to practice law in the State 23 of Califomia and 1 am an associate with the law firm of Archer Norris, counsel of record for 24 Defendants RICHARD KIRK RUYBALID, individually and dba CA CONSTRUCTION 25 (hereinafter "CA CONSTRUCTION"). As such, I am personally familiar with the files in this 26 matter and all the documents contained therein. I have personal knowledge ofthe matters stated 27 herein and, if called as a witness, could and would competently testify thereto. 28 NiC549/1075584-I DECLARATION OF GKF IN SUPPORT OF SUPPLEMENTAL BRIEF RE. ELECTION OF REMEDIES 1 2. Onor about January 4,2011,1 sent a representative of First Legal to the 2 Sacramento County Recorder's Office wherein we requested and they obtained a copy ofthe 3 Notice of Trustee's Sale as it pertains to 8601 Rolling Green Way in Fair Oaks, California, the 4 house which is the subject ofthe pending action. 5 3. Attached hereto as Exhibit-A to this declaration is a tme and correct copy of the 6 Notice of Trastee' s S ale for the subj ect property. 7 4. The subject property was originally up for sale at a public auction on December 8 22, 2010. The sale date was continued to January 24,2011, approximately five (5) days into the 9 current trial. I am advised that the Tmstee's Sale will proceed on this date. 10 11 1 declare imder penalty ofperjury under the laws ofthe State of Califomia that the 12 foregoing is tme and correct and that this declaration was executed in Sacramento, Califomia, on 13 January 12,2011. 14 h^^ 15 Gregory K, Federico 16 17 18 19 20 21 22 23 24 25 26 27 NIC549/1075584-1 28 DECLARATION OF GKF IN SUPPORT OF SUPPLEMENTAL BRIEF RE ELECTION OF REMEDIES EXHIBIT "A" ^•JSgilS6sSBQ^\AUr RECORDING REQUESTED BY: RECONTRUST COMPANY 180» Tapo Canyon R d , CA6-9J4-01-94 SIMI VALLEY, CA 93063 Sacramento County iMorder Craig ft. Kramer. Clerk/Recorder < WHEN RECORDED MAIL TO; Booif 2 0 1 0 1 1 3 0 P«'5E 0 0 5 8 RECONTRUST COMPANY Check H^atbar fl371 180a Tapo Canyon Rd., CA6-914-01-94 Tuesday, NOV 3 0 . 2010 8 : 1 7 : 4 2 AH SIMI VALLEY. CA 93063 Ttl Pd $21.ea Nbr-e2eBB99743 TSNo. l(X-010067O TiUe Order No. 10-&-389195 NND/89/1-2 APNNo. 246^)130-090-0000 NOTICE OF TRUSTEE'S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST, DATED 11/21/2006. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF TfiE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. Notice is hereby given that RECONTRUST COMPANY, N.A., as duly appointed trustee pursuant fo thc Deed ofTrust executed by RODNEY WAYNE ABBOTT, AND FLORENTINE AVA ABBOTT, HUSBAND AND WIFE AS JOINT TENANTS, dated 11/21/2006 and recorded 11/30/2006, as Instrument No. , in Book 20061130. Page 1370 of Official Records in the ofBce ofthe County Recorder of SACRAMENTO County, State of California, will scil on 12/22/2010 at 09.30 AM, At the East Main entrance to the County Courthouse, 720 9th Street, Sacramento, CA 95814 at public auction, to the highest bidder for cash or clieck as described below, payable in full at time ofsale, all right, title, and interest conveyed to and now held by it under said Deed of Trust, in the property situated in said County and State and as more fiilly described in the above referenced Deed ofTrust. The street address and other common designation, if any, ofthe real property described above is purported to be- 8601 ROLLING GREEN WAY, FAIR OAKS, CA 95628. The undersigned Trustee disclaims any liability for any incorrectness ofthe street address and other common designation, if any, shown herein. The total amount of the unpaid balance with interest thereon ofthe obligation secured by the property to be sold plus reasonable estimated costs, expenses and advances at the time ofthe initial publication ofthe Notice of Sale is $891,332.78. It is possible that at the time ofsale the openbg bid may be less than the total indebtedness due. In addition to cash, the Trustee will accept oashiei's checks drawn on a state or national bank, a check drawn by a state or federal credit union, or a check drawn by a state or federal savmgs and loan association, savmgs association, or savings bank specified in Section 5102 ofthe Financial Code and authorized to do business in this state Said sale will be made, in an "AS IS" condition, but without covenant or warranty, express or implied, regarding tttle, possession or encumbrances, to satbfy the indebtedness secured by said Deed ofTrust, advances thereunder, with interest as provided, and the unpaid principal ofthe Note secured by said Deed ofTrust with Interest thereon as provided in said Note, plus fees, charges and expenses ofthe Tnistee and of the trusts created by said Deed ofTrust If required by the provisions of Section 2923.5 ofthe Califomia Civil Code, the declaration from the mortgagee, beneficiary or authorized agent is attached to the Notice of Trustee's Sale duly recorded with the appropriate County Recorder's office. RECONTRUST C0MPA>rY, N A . 1800 Tapo Canyon Rd, CA6-914-01-94 SIMI VALLEY, CA 93063 Phone/Sple InformaJfQi>T<800) 2&4-8219 y ^KCPVO ^^"^^m Rosselin Rincon, Team Member RECONTRUST COMPANY, N.A. is a debt coUector attempting to collect a debt. Any information obtamed will be used for that purpose. Form nos (Q7/iO) To: Trustee ReconTrust Company, N.A. 1800 Tapo Canyon Rd - MS: CA6-914-0I-94 Simi VaUey, CA 93063 DECLARATION OF EXEMPTION PURSUANT TO CAL CIV. CODE 2923.54 I, Lisa L Allinson, Vice President of BAC Home Loans Servicing, LP ("Lender/Sen/lcer") declare on behalf of Lender/Seivlcer under penalty of perjury, and under the laws of the State of Califomia. that Lender/Servicer's business records maintained in the ordinary course of business reflect the following is tme and correct; BAC Home Loans Servidng, LP has obtained from the Commissioner of Corporations a final onJer of exemption pursuant to Cal. Civ. Code Section 2923.53 that is cunent and valid on the date the accompanying Nofice of Sale is filed. AND The timeframe for giving Notioe of Sale specified in subdivision (a) of Cal. Civ. Code Section 2923.52 does not apply pursuant to Section 2923.52(b). L < ^ y . LOOtJ^^TxO Usa L. Allinson, Vice President Oate CA-DECLARATION 2923.54 BAC EX D6-1010 1 PROOF OF SERVICE 2 Name of Action: Rodney Abbott, et al. v. Ronald Paul Britschgi, et al. Court and Action No: Sacramento County Superior 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 business address is 301 University Avenue, Suite 110, Sacramento, Califomia 95825. On January 12, 2011,1 caused the following document(s) to be served: 5 DECLARATION OF GREGORY K. FEDERICO IN SUPPORT OF CA 6 CONSTRUCTION'S SUPPLEMENTAL BRIEF REGARDING ELECTION OF REMEDIES; COST OF REPAIR VERSUS DIMINUTION IN VALUE 7 ra By placing a true copy ofthe documents listed above, enclosed in a sealed envelope, 8 addiessed 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 correspondence for IQ 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 [53 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 •^ was reported as complete without error by a report issued by the transmitting facsimile •I A macliine. 15 I I By placing a true copy ofthe document(s) listed above, in a box or other facility regularly maintained by UPS, an express service carrier, or delivered to a courier or 16 driver authorized by the express service carrier to receive documents, in an envelope designated by the express service carrier, with delivery fees paid or provided for, ^' addressed as set forth below. ^^ r - | bv having personal deliverv bv FIRST LEGAL SUPPORT SERVICES a true copv of Ig 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 ofperjury that the foregoing is true and correct. Executed on January 12,2011, at Sacramento, Califomia. 23 24 25 26 27 28 NIC341/608293-1 PROOF OF SERVICE 1 Service List 2 Stephanie Finelli PLAINTIFFS 3 Law Offices of Stephanie J. Finelli 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 Richard W Freeman Counsel for R4CORP Scott S. Brooks 12 WOOD SMITH HENNING & BERMAN LLP Tel' (925) 356-8200 1401 Willow Pass Road, Suite 700 Fax: (925) 356-8250 13 Concord, CA 94520-7982 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NIC341/608293-1 2 SERVICE LIST