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1 Todd A. Jones (BarNo. 198024)
Gregory K. Federico (BarNo. 242184)
2 ARCHERNORRIS
A Professional Law Corporation
ENDORSE'D
3 301 University Avenue, Suite 110 'ODEC-7 AM||:|8
Sacramento, Califomia 95825
4 Telephone: 916.646.2480 LEGAL PROCESS t t l
Facsimile: 916.646.5696
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Attorneys for Defendants
6 RICHARD KIRK RUYBALID, individually and
dba CA CONSTRUCTION; and R4C0RP., INC.
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8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF SACRAMENTO
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11 RODNEY ABBOTT and FLORENTINE CaseNo. 07AS04450
ABBOTT,
12 DECLARATION OF GREGORY K.
Plainfiffs, FEDERICO IN SUPPORT OF
13 DEFENDANTS' MOTION IN LIMINE NO.
V. 12 TO EXCLUDE REFERENCE TO
14 SUBCONTRACTORS BEING
RONALD PAUL BRITSCHGI, et al.. RESPONSIBLE FOR DESIGN DEFECTS
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Defendants. Action Filed: September 24, 2007
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Trial Date: January 17, 2011
17 Time: 8:30 a.m.
Location: Department 43
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AND ALL RELATED CROSS-ACTIONS.
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I, Gregory K. Federico, hereby declare as follows;
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1. At all times relevant, I have been an attomey licensed to practice law in the State
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ofCalifomia and I am an associate with the law firm of Archer Norris, counsel ofrecord for
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Defendants RICHARD KIRK RUYBALID, individually and dba CA CONSTRUCTION
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(hereinafter "CA CONSTRUCTION") and Defendant R4C0RP., INC. (hereinafter "R4C0RP")
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(hereinafter collectively "Defendants"). As such, I am personally familiar with the files in this
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matter and all the documents contained therein. I have personal knowledge ofthe matters stated
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herein and, if called as a witness, could and would competently testify thereto.
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NIC549/I058990-I
DECL OF GREGORY K FEDERICO IN SUPPORT OF DEFENDANTS'MOTION IN LIMINE NO 12
1 2. Attached hereto as Exhibit-A to this declaration is a true and correct copy ofthe
2 contract entered into between Plainfiffs RODNEY and FLORENTINE ABBOTT (hereinafter
3 "Plaintiffs") and Defendant CA CONSTRUCTION, dated October 25, 2005, which pertains to
4 the constmcfion of Plaintiffs' home.
5 3. Attached hereto as Exhibit-B to this declaration is a tme and correct copy ofthe
6 "Elevation and Layout Approval", dated January 14, 2006, which pertains to the construcfion of
7 Plaintiffs' home.
8 I declare under penalty ofperjury under the laws ofthe State ofCalifomia that the
9 foregoing is tme and correct and that this declaration was executed in Sacramento, Califomia, on
10 December 6, 2010.
12 Gregory K. Federico
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NIC549/1058990-1 2
DECL. OF GREGORY K FEDERICO IN SUPPORT OF DEFENDANTS' MOTION IN LIMINE NO 12
1 PROOF OF SERVICE
2 Nameof Action: Rodney Abbott, et al. v. Ronald Paul Britschgi, et al.
Court and Action No: Sacramento County Superior No. 07AS04450
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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,
California 95825. On December 6, 2010,1 caused the following document(s) to be served:
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DECLARATION OF GREGORY K. FEDERICO IN SUPPORT OF DEFENDANTS'
6 MOTION IN LIMINE NO. 12 TO EXCLUDE REFERENCE TO
SUBCONTRACTORS BEING RESPONSIBLE FOR DESIGN DEFECTS
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n^ By placing a tme copy ofthe documents listed above, enclosed in a sealed envelope,
9 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
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with this business' practice for collection and processing of correspondence for
11 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 ofbusiness
12 with the United States Postal Service with postage fully prepaid.
13 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
14 was reported as complete without error by a report issued by the transmitting facsimile
machine.
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16 I—I By placing a tme copy of the document(s) listed above, in a box or other facility
regularly maintained by UPS, an express service carrier, or delivered to a courier or
17 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,
18 addressed as set forth below.
^^ r-| bv having personal deliverv bv FIRST LEGAL SUPPORT SERVICES a tme copy of
20 the document(s) listed above, enclosed in a sealed envelope, to the person(s) and at the
address(es) set forth below.
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22 [SEE ATTACHED SERVICE LIST]
23 I declare under penalty ofperjury that the foregoing is true and correct. Executed on
December^r^l0, at Sacramento, Califomia.
24 ^^<2£P.
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26 ^-G»toY A. INGLAND
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NIC341/608293-1
PROOF OF SERVICE
1 Service List
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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
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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
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Mark Smith In Pro Per
9 8549 Willow Valley Place
Granite Bay, CA 95746
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Richard W. Freeman Counsel for R4C0RP
11 Scott S Brooks
WOOD SMITH HENNING & BERMAN LLP Tel (925) 356-8200
12 1401 Willow Pass Road, Suite 700 Fax: (925) 356-8250
Concord, CA 94520-7982
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NIC341/608293-1 2
SERVICE LIST
EXHIBIT A
EXHIBIT A
10/24/2005 1157 916-962-16 Aaron Olsen PAGE 2/7
)
Constructioii CA Contracioa License #536*^5
Gsiiexd BaiUuiB Contnctor
Proposal
10/24/OS
Submitted To: Owner/Builder To Be Performed At:
Rodney &. Ftorentine Abbott 8601 Rollins Green Way
3341CorvlnaDr Fair Oaks, Ca 95628
Rancho Cordova, Ca 95670
851-9707 C Plans dated: u/k
851-9708 F
Project: Foundation
Scope of Worjc Excavate, form, place and finish concrete for new home and garage as per plans and
specifications.
Builder or builders agent shall specify previous to excavation and veriJfy previous to pour, location and elevation
of finished floor, garage slab and piers Builders certification and approval shall be in writing.
Any structural or layout changes shall be documented inspected and approved. CA Construction shall supply and
locate all hold-down anchors with general contractor.
Exclusions: Everything not included herein, included but not limited to: Driveway and apron. Porches, patios,
walkways, stoops. Grading or removal of dirtfromsite.
I Total bbor and material Time &. Material + 2 5 % (Not to exceed $53,000)
Schedule of payments:$15,000 upon request of footing inspection. Balance upon completion ofjob.
Any unpaid debts shall be subject to penalties mcluding all legal fees, collection costs, and interest
charges in the amount of l/365th of 18% compounded daily commencing the due date enactedretroactive at 30
days delinquency. All invoices are due within 24 hours upon receipt or as allowed for in "Schedule of payments"
if so included in this contract, and shall be payable at contractors place ofbusiness by 5:00 PM PST ofthe day
following the receipt of invoice. Failure to pay as agreed shall constitute a breech of contract at which time
contractor shall cease worit until the dispute is remedied.
Schedule of woric Contractor shall commence and perform the work in a timely manor. Work to commence
within 3 working days of receipt of contract. Project shall reach substantial completion within 15 days of
commencement Contractor shall not be responsible for delays due to conditions out ofour direct control
including but not limited to: change orders, building inspections, strikes, weather and unavailability of materials.
Notice: Failure to commence work within 20 days ofthe approximate date specified is a violationof the
Con'dacioni State License Law.
CA. Construction/Valley Cabinets
9332 Fair Oaks Blvd., Fair Oaks, CA 95628 Ph: 916-962-1206 Fax: 916-962-1640
ABB.0546
lui^tizuua 113/ 916-962-1 Aaron Olsen PAGE 3/7
Construction CA Contracloa License #536735
G u e n l BmUug Conlraetoif
Responsibility of owner/builder: Cost of pennits and any locaL state or Federal taxes and fees. It is the
responsibility of thepwnerA)uilder to provide protectionfiromloss due to. Fire, theft, vandalism and any natural
disasters. The occurrence of loss does not relieve the buyer ofany financial obligation to contractor for work
completed or materials delivered to job.
Work by others: Contractor shall not be responsible fbr any work performed by other than its employees or
agents.
We propose to perfoim all the labor and supply all the equipment necessary for the completion ofthe
above named project as described herein for the total sum stated herein Anv unforeseen costs due to
inaccessibility during inspection or additional work requests shall be in writinp and will be billed as extras w^ich
are due and pavable upon their completion.
This quote shall be valid for 30 days and may be withdrawn without notice at any time before acceptance.
I accept responsibility for payment ofthe work per above schedule, hi the event that it becomes necessary to
affect any type of collection proceedings, IMe hereby agree to reimburse CA Construction attomey fees and
court costs resultingfromsuch action.
9^ I have received the required "Notice of right to cancel" and "Notices Required By
(initial) Law" with this contract
Owncr/builder: Date- / Z > J ^ C'osT
Date: /e
O>/ ^/ ^ &
/ff^
Contractor, .AjLc.A,a,/-cd A O H ^ J U L - ^ C K ^ Date l O / : X H - / G S '
• ^ '
Richard Ruybalid, DBA CAConsuucuon
CA. ConstructionA^aUey Cabinets
9332 Fair Oaks Blvd., Fair Oaks, CA 95628 Ph: 916-962-1206 Fax: 916-9
Construction CA Contiactea Lireme #536735
Genstil BoilduiE CostxactDT
Notices Required Bv Law
Please Read Carefully
NOTICE TO OWNER/BUILDER: Under the Mechanics' Lien Law any contractor, subcontractor, laborer, supplier,
or other person who helps to improve property and is not paid his labor, services or material, has the right to oiiforce
his claim against your propeity and to sue you in couit to obtain payment. This means that after a court hearing, your
home, land, and propaty could be sold by a court ofiHcer and the proceeds ofthe sale used to satisfy what you owe.
This can happen even ifyou have paid your contractor in fiill ifthe contractoi's subcontiactois, laborers, or suppliers
remain unpaid. To preserve their rights to file a claim or lien against your pn^>erty, certain claimants such as
subcontractors or material suppliers are each requued to provide you with a document called "preliminary notice."
Contractors and laborers who contract with ovmers directly do not have to provide such notice since you are aware of
their existence as an owner. A preliminary notice is not a lien against your proper^. Its purpose is to notify you of
persons or entities that may have a right to file a lien against your proper^ if diey are not paid. In order to perfect
their lien rights, a contractor, subcontractor, supplier, or laborer must file a mechanic's lien with the county recorder,
which then becomes a recorded lien against your property. Generally, the maximum time for filling a mechanic's lien
against your property is 90 days substantial completion of your project. "State law requires anyone who contracts to
do Construction work to be licensed by the contractors state license board in the license category in which the
contractor is going to be working-if the total price of the job is S500.0Q Or more (including the labor and materials.)
Licensed contractors are regulated by laws designed to protect the public. Ifyou contract with someone who does not
have a license, the contractors' license board may not be able to assist you with a complaint Your only remedy
against an unlicensed contractor may be in civil court, and you may be liable for damages arising out ofany injuries
to the contractor his employees.
You may contact the contractors' state licenses board to find out if this contractor has a valid license. The board has
complete infoimation on the history of licensed contractors, including any possible suspensions, revocations,
judgments, and citations. The board has offices throughout California. Please check the government pages of the
white pages for the office nearest you or call 1- 800-321-CSLB for more information.
NOTICE: BY INIIIALING THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING
OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY
NEUTRAL ARBITRATION AS PROVIDED BY CALIFORMA LAW AND YOU ARE GIVING UP ANY
RIGHTS YOU MIGHT POSSES TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY
INrnALING IN THE SPACE BELOW YOU AKE GIVING UPI YOtJR JUDICIAL RIGHTS TO DISCOVERY
AND APEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF
DISPUTES' PROVISION. IF YOU REFUSE TO SUBMTr TO ARBITRATION AFTER AGREEING TO THE
PROVISION, YOU MAYBE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE BUSINESS
AND PROFFESSIONS CODE OR OTHER APPUCABLE LAWS. YOUR AGREEMENT TO THIS
ARBITRATION PROVISION IS VOLUNTARY.
WE/I HAVE READ AND UNDERSTAND THE ABOVE PROVISIOM .*->JD ASR£E TC SLorvJCTT DiSFUTES
ARISING OUT OF MAflHRS INCLUDED IN THE 'ARBFTRATION OF DISPUTES' PROVISION TO
NEUTRAL ARBITRATION."
CUSTOMER INnTAL: jg^ CUSTOMER JNTIIAL: i^
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C A Construction/Valley Cabinets
9332 Fair Oaks Blvd., Fair Oaks, CA 9S628 Ph: 916-962-1206 Fax: 916-962-1640
ABB-0548
10/25/200S 09 01 916-962-1t Aaron Otsen PAGE 5/7
Construction CA Contraclon LiwniB #536735
GBBSnl BuiUitig CantoetDr
LIEN RELEASE: Upon satisfactory payment being made for any portion ofthe work performed, the contractor shall,
prior to any fiirther payment being made, fiimi^ to the peison contracting for the home improvement a full and
unconditional release from any claun or mechanic's lien puisuant to section 3114 ofthe civil code for that portion of
the woik for which the payment bas been made.
OWNER/BUILDER RESPONSIBILrrY: Unless otherwise specified, the Contractor price is based upon the
Owner/builder's representation that there are no conditions preventing Contractor from proceeding with the usual
installation proceouies for the materials required under this contract If upon start of work, the contractor finds
conditions that will not allow him to continue under this contracL CA Constniction may at his option present to the
Owner^uilder/buyer a separate estimate for the extra work. The Owner/builder/buyer shall have the right to hire
other contractors to do the wodc not covered under this contract Upon such situations CA Construction reserves the
right to stop work until the job site and/or the conditions are brought up to nomial conditions to continue his woik
under this contract Furthennore. Owner represents that he will relocate clodiing, personal effects and all personal
property and plants to bringing ofthe wwk so that the Contractor has free access to portions of the building where
woik is being done. In the event that the owner fails to relocate any items as provided hereunder. Contractor may
relocate any of the owner's propeity as may be required and is not responsible for damage thereto which may result
during prosecution of work. Upon movement of above items CA Constiuction may charge for this work unless such
movements are listed are listed in this contract.
NON-RESPONSIBILirY: The Contractor shall not be responsible for any damage occasioned by the Owner/builder
or Owners agent rain, wmdstoim, acts of God, or other causes beyond the control ofthe Confractor, unless otherwise
herein provided or unless he is obligated by the terms hereof to provide insurance against such hazards. The
Contractor shall not be responsible for the damage to existing walks, curbs, driveways, cesspools, septic tanks, sewer
lines, arches, lawns, trees, clotheslines, personal property, telephone and electrical lines, by the Contractor, or
supplier mcurred in the p^oimance of the woik. The Contractor shall not be responsible for any loss of wages the
owner may incur due to providing Contractors access to the woik area/or Owners desire to be present while work is
being convicted.
CANCELLATION: The Owner/builder is given a copy of the "Federal Rescission notice" attached to this contract.
Once the contract is out of rescission, the Contractor will schedule the woik and order the material for the
completion ofthe contiact If this contract is cancelled by the Owner/buildet/buyer for any reason after the three day
recession period, the Owner/builder/buyer is responsible tor any cost incunred by CA Constmction, including but not
limited to time ^ent, labor, materials, loss of profit and any other costs associated with this contract and attomey's
fees required to wily enforce this contract The permits, plans, reasonable cost for time and effort or any money spent
by CA Constiuction to start and finish this contract shall be paid to CA Construction upon cancellation. Iii some
cases there may be two separate contracts written between CA Construction and the Owner/builder/buyer for
different projects on the same home. Upon such situations if any disputes arise from one contract, it shall not have
any bearing on the other contracts, ff Owncr/builder/buyer decides to cancel one or all contracts,
Owner/buildei/buyer shall be binding by each contract separately and all teims and conditions apply per contract
PAYMENT: Pavment must be made on the entire outstanding balance on all contracts upon completion of work to
the Foreman of the installation crew. All checks must be made payable to CA Construction Company. On contracts
that CA Construction Company or its agents finance, a completion certificate must be signed upon the completion of
woik. A 10% charge will be accessed every 30 days on aH outstanding balances unless otherwise specified in this
contract. Owner/builder/buyer agrees to make all payments, progress payments and extra charges upon receiving of
II bill or invoice.
CGLLECriON: CA Construction shall have the ridit to stop work and keep the job idle if payments are not made to
him when due or as specified in this contract ff any payments are not made to CA Construction when due,
Owner/builder/buyer shall pay to CA Construction an additionai charge of 150/. ofthe amount of such payment per'
day In the event of retumed check(3), Owner^uilder/buyer shall pay to CA Constniction an additional chsurge of
$35.00 over and above of any other charges plus bank charges. In the event of non payment as agreed in this
contract, contractor will stop work as outlined aoove and Owner/butld«-/buyer must pay the nill contract price before
4
C A Construction/Valley Cabinets
9332 Fair Oaks Blvd., Fair Oaks, CA 95628 Ph: 916-%2-1206 Fax: 916-962-1640
ABB-0549
10/25/2005 09 01 916-962-f« Aaron Olsen PAGE 6/7
Construction CA Contracton License ^ 3 6 7 3 5
Geneial BniUinB ContuetDr
contractor will proceed, and Owner/builder/buyer shall be responsible for any and all materials left on the premises
and /or any damages to such materials. Within 10 days after execution df this contract, CA Construction shall have
the nght to canc^ this contract should it be detemuned that there is any uncntainty that all payinents under this
contract will be made when due and/or if it is detennined by CA Constmction tliat the job caimot be done in
accordance of any laws, regulations, and/or building codes. Owner/builder/buyer agrees to release CA Construction
of any liabilities and responsibilities under this contract upon such situations outlined above. Should any litigation be
commenced between the parties concerning this contract, or the rights and duties of CA Constraction, Owner Builder
shall be responsible for any and all costs includmg attomey's fees and court costs and all arbitration or mediation
costs.
Contractors are required by law to be licensed and regulated by the Contractors' State Ucense board. Any questions
concerning a contractor may be referred to the registrar of the board whose address is:
Contractors State License Board, 9835 Goeth Road, Sacramento, CA 95826
C A Construction/Valley Cabinets
9332 Fwr Oaks Bkd., Fair Oaks, CA 9S628 Ph: 916-962-1206 Fax: 916-962-1640
ABB-0550
10/23/2003 09 01 916-962-16 Aaron Olsen PAGE 7/7
>
Construction ' CA Con
r or agent
Richard Ruybalid, DBA CA Construction
9332 Fair Oaks Blvd., Fafr Oaks, CA 95628 Ph: 916-962-1206 Fax: 916-962-1640
rArnnoQi
Preview
1 Todd A. Jones (BarNo. 198024) Gregory K. Federico (BarNo. 242184) 2 ARCHERNORRIS A Professional Law Corporation ENDORSE'D 3 301 University Avenue, Suite 110 'ODEC-7 AM||:|8 Sacramento, Califomia 95825 4 Telephone: 916.646.2480 LEGAL PROCESS t t l Facsimile: 916.646.5696 5 Attorneys for Defendants 6 RICHARD KIRK RUYBALID, individually and dba CA CONSTRUCTION; and R4C0RP., INC. 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 11 RODNEY ABBOTT and FLORENTINE CaseNo. 07AS04450 ABBOTT, 12 DECLARATION OF GREGORY K. Plainfiffs, FEDERICO IN SUPPORT OF 13 DEFENDANTS' MOTION IN LIMINE NO. V. 12 TO EXCLUDE REFERENCE TO 14 SUBCONTRACTORS BEING RONALD PAUL BRITSCHGI, et al.. RESPONSIBLE FOR DESIGN DEFECTS 15 Defendants. Action Filed: September 24, 2007 16 Trial Date: January 17, 2011 17 Time: 8:30 a.m. Location: Department 43 18 AND ALL RELATED CROSS-ACTIONS. 19 20 I, Gregory K. Federico, hereby declare as follows; 21 1. At all times relevant, I have been an attomey licensed to practice law in the State 22 ofCalifomia and I am an associate with the law firm of Archer Norris, counsel ofrecord for 23 Defendants RICHARD KIRK RUYBALID, individually and dba CA CONSTRUCTION 24 (hereinafter "CA CONSTRUCTION") and Defendant R4C0RP., INC. (hereinafter "R4C0RP") 25 (hereinafter collectively "Defendants"). 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/I058990-I DECL OF GREGORY K FEDERICO IN SUPPORT OF DEFENDANTS'MOTION IN LIMINE NO 12 1 2. Attached hereto as Exhibit-A to this declaration is a true and correct copy ofthe 2 contract entered into between Plainfiffs RODNEY and FLORENTINE ABBOTT (hereinafter 3 "Plaintiffs") and Defendant CA CONSTRUCTION, dated October 25, 2005, which pertains to 4 the constmcfion of Plaintiffs' home. 5 3. Attached hereto as Exhibit-B to this declaration is a tme and correct copy ofthe 6 "Elevation and Layout Approval", dated January 14, 2006, which pertains to the construcfion of 7 Plaintiffs' home. 8 I declare under penalty ofperjury under the laws ofthe State ofCalifomia that the 9 foregoing is tme and correct and that this declaration was executed in Sacramento, Califomia, on 10 December 6, 2010. 12 Gregory K. Federico 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NIC549/1058990-1 2 DECL. OF GREGORY K FEDERICO IN SUPPORT OF DEFENDANTS' MOTION IN LIMINE NO 12 1 PROOF OF SERVICE 2 Nameof 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, California 95825. On December 6, 2010,1 caused the following document(s) to be served: 5 DECLARATION OF GREGORY K. FEDERICO IN SUPPORT OF DEFENDANTS' 6 MOTION IN LIMINE NO. 12 TO EXCLUDE REFERENCE TO SUBCONTRACTORS BEING RESPONSIBLE FOR DESIGN DEFECTS 7 8 n^ By placing a tme copy ofthe documents listed above, enclosed in a sealed envelope, 9 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 10 with this business' practice for collection and processing of correspondence for 11 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 ofbusiness 12 with the United States Postal Service with postage fully prepaid. 13 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 14 was reported as complete without error by a report issued by the transmitting facsimile machine. 15 16 I—I By placing a tme copy of the document(s) listed above, in a box or other facility regularly maintained by UPS, an express service carrier, or delivered to a courier or 17 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, 18 addressed as set forth below. ^^ r-| bv having personal deliverv bv FIRST LEGAL SUPPORT SERVICES a tme copy of 20 the document(s) listed above, enclosed in a sealed envelope, to the person(s) and at the address(es) set forth below. 21 22 [SEE ATTACHED SERVICE LIST] 23 I declare under penalty ofperjury that the foregoing is true and correct. Executed on December^r^l0, at Sacramento, Califomia. 24 ^^<2£P. 25 26 ^-G»toY A. INGLAND 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 Richard W. Freeman Counsel for R4C0RP 11 Scott S Brooks WOOD SMITH HENNING & BERMAN LLP Tel (925) 356-8200 12 1401 Willow Pass Road, Suite 700 Fax: (925) 356-8250 Concord, CA 94520-7982 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NIC341/608293-1 2 SERVICE LIST EXHIBIT A EXHIBIT A 10/24/2005 1157 916-962-16 Aaron Olsen PAGE 2/7 ) Constructioii CA Contracioa License #536*^5 Gsiiexd BaiUuiB Contnctor Proposal 10/24/OS Submitted To: Owner/Builder To Be Performed At: Rodney &. Ftorentine Abbott 8601 Rollins Green Way 3341CorvlnaDr Fair Oaks, Ca 95628 Rancho Cordova, Ca 95670 851-9707 C Plans dated: u/k 851-9708 F Project: Foundation Scope of Worjc Excavate, form, place and finish concrete for new home and garage as per plans and specifications. Builder or builders agent shall specify previous to excavation and veriJfy previous to pour, location and elevation of finished floor, garage slab and piers Builders certification and approval shall be in writing. Any structural or layout changes shall be documented inspected and approved. CA Construction shall supply and locate all hold-down anchors with general contractor. Exclusions: Everything not included herein, included but not limited to: Driveway and apron. Porches, patios, walkways, stoops. Grading or removal of dirtfromsite. I Total bbor and material Time &. Material + 2 5 % (Not to exceed $53,000) Schedule of payments:$15,000 upon request of footing inspection. Balance upon completion ofjob. Any unpaid debts shall be subject to penalties mcluding all legal fees, collection costs, and interest charges in the amount of l/365th of 18% compounded daily commencing the due date enactedretroactive at 30 days delinquency. All invoices are due within 24 hours upon receipt or as allowed for in "Schedule of payments" if so included in this contract, and shall be payable at contractors place ofbusiness by 5:00 PM PST ofthe day following the receipt of invoice. Failure to pay as agreed shall constitute a breech of contract at which time contractor shall cease worit until the dispute is remedied. Schedule of woric Contractor shall commence and perform the work in a timely manor. Work to commence within 3 working days of receipt of contract. Project shall reach substantial completion within 15 days of commencement Contractor shall not be responsible for delays due to conditions out ofour direct control including but not limited to: change orders, building inspections, strikes, weather and unavailability of materials. Notice: Failure to commence work within 20 days ofthe approximate date specified is a violationof the Con'dacioni State License Law. CA. Construction/Valley Cabinets 9332 Fair Oaks Blvd., Fair Oaks, CA 95628 Ph: 916-962-1206 Fax: 916-962-1640 ABB.0546 lui^tizuua 113/ 916-962-1 Aaron Olsen PAGE 3/7 Construction CA Contracloa License #536735 G u e n l BmUug Conlraetoif Responsibility of owner/builder: Cost of pennits and any locaL state or Federal taxes and fees. It is the responsibility of thepwnerA)uilder to provide protectionfiromloss due to. Fire, theft, vandalism and any natural disasters. The occurrence of loss does not relieve the buyer ofany financial obligation to contractor for work completed or materials delivered to job. Work by others: Contractor shall not be responsible fbr any work performed by other than its employees or agents. We propose to perfoim all the labor and supply all the equipment necessary for the completion ofthe above named project as described herein for the total sum stated herein Anv unforeseen costs due to inaccessibility during inspection or additional work requests shall be in writinp and will be billed as extras w^ich are due and pavable upon their completion. This quote shall be valid for 30 days and may be withdrawn without notice at any time before acceptance. I accept responsibility for payment ofthe work per above schedule, hi the event that it becomes necessary to affect any type of collection proceedings, IMe hereby agree to reimburse CA Construction attomey fees and court costs resultingfromsuch action. 9^ I have received the required "Notice of right to cancel" and "Notices Required By (initial) Law" with this contract Owncr/builder: Date- / Z > J ^ C'osT Date: /e O>/ ^/ ^ & /ff^ Contractor, .AjLc.A,a,/-cd A O H ^ J U L - ^ C K ^ Date l O / : X H - / G S ' • ^ ' Richard Ruybalid, DBA CAConsuucuon CA. ConstructionA^aUey Cabinets 9332 Fair Oaks Blvd., Fair Oaks, CA 95628 Ph: 916-962-1206 Fax: 916-9 Construction CA Contiactea Lireme #536735 Genstil BoilduiE CostxactDT Notices Required Bv Law Please Read Carefully NOTICE TO OWNER/BUILDER: Under the Mechanics' Lien Law any contractor, subcontractor, laborer, supplier, or other person who helps to improve property and is not paid his labor, services or material, has the right to oiiforce his claim against your propeity and to sue you in couit to obtain payment. This means that after a court hearing, your home, land, and propaty could be sold by a court ofiHcer and the proceeds ofthe sale used to satisfy what you owe. This can happen even ifyou have paid your contractor in fiill ifthe contractoi's subcontiactois, laborers, or suppliers remain unpaid. To preserve their rights to file a claim or lien against your pn^>erty, certain claimants such as subcontractors or material suppliers are each requued to provide you with a document called "preliminary notice." Contractors and laborers who contract with ovmers directly do not have to provide such notice since you are aware of their existence as an owner. A preliminary notice is not a lien against your proper^. Its purpose is to notify you of persons or entities that may have a right to file a lien against your proper^ if diey are not paid. In order to perfect their lien rights, a contractor, subcontractor, supplier, or laborer must file a mechanic's lien with the county recorder, which then becomes a recorded lien against your property. Generally, the maximum time for filling a mechanic's lien against your property is 90 days substantial completion of your project. "State law requires anyone who contracts to do Construction work to be licensed by the contractors state license board in the license category in which the contractor is going to be working-if the total price of the job is S500.0Q Or more (including the labor and materials.) Licensed contractors are regulated by laws designed to protect the public. Ifyou contract with someone who does not have a license, the contractors' license board may not be able to assist you with a complaint Your only remedy against an unlicensed contractor may be in civil court, and you may be liable for damages arising out ofany injuries to the contractor his employees. You may contact the contractors' state licenses board to find out if this contractor has a valid license. The board has complete infoimation on the history of licensed contractors, including any possible suspensions, revocations, judgments, and citations. The board has offices throughout California. Please check the government pages of the white pages for the office nearest you or call 1- 800-321-CSLB for more information. NOTICE: BY INIIIALING THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORMA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSES TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INrnALING IN THE SPACE BELOW YOU AKE GIVING UPI YOtJR JUDICIAL RIGHTS TO DISCOVERY AND APEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMTr TO ARBITRATION AFTER AGREEING TO THE PROVISION, YOU MAYBE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE BUSINESS AND PROFFESSIONS CODE OR OTHER APPUCABLE LAWS. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE/I HAVE READ AND UNDERSTAND THE ABOVE PROVISIOM .*->JD ASR£E TC SLorvJCTT DiSFUTES ARISING OUT OF MAflHRS INCLUDED IN THE 'ARBFTRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." CUSTOMER INnTAL: jg^ CUSTOMER JNTIIAL: i^ 3 C A Construction/Valley Cabinets 9332 Fair Oaks Blvd., Fair Oaks, CA 9S628 Ph: 916-962-1206 Fax: 916-962-1640 ABB-0548 10/25/200S 09 01 916-962-1t Aaron Otsen PAGE 5/7 Construction CA Contraclon LiwniB #536735 GBBSnl BuiUitig CantoetDr LIEN RELEASE: Upon satisfactory payment being made for any portion ofthe work performed, the contractor shall, prior to any fiirther payment being made, fiimi^ to the peison contracting for the home improvement a full and unconditional release from any claun or mechanic's lien puisuant to section 3114 ofthe civil code for that portion of the woik for which the payment bas been made. OWNER/BUILDER RESPONSIBILrrY: Unless otherwise specified, the Contractor price is based upon the Owner/builder's representation that there are no conditions preventing Contractor from proceeding with the usual installation proceouies for the materials required under this contract If upon start of work, the contractor finds conditions that will not allow him to continue under this contracL CA Constniction may at his option present to the Owner^uilder/buyer a separate estimate for the extra work. The Owner/builder/buyer shall have the right to hire other contractors to do the wodc not covered under this contract Upon such situations CA Construction reserves the right to stop work until the job site and/or the conditions are brought up to nomial conditions to continue his woik under this contract Furthennore. Owner represents that he will relocate clodiing, personal effects and all personal property and plants to bringing ofthe wwk so that the Contractor has free access to portions of the building where woik is being done. In the event that the owner fails to relocate any items as provided hereunder. Contractor may relocate any of the owner's propeity as may be required and is not responsible for damage thereto which may result during prosecution of work. Upon movement of above items CA Constiuction may charge for this work unless such movements are listed are listed in this contract. NON-RESPONSIBILirY: The Contractor shall not be responsible for any damage occasioned by the Owner/builder or Owners agent rain, wmdstoim, acts of God, or other causes beyond the control ofthe Confractor, unless otherwise herein provided or unless he is obligated by the terms hereof to provide insurance against such hazards. The Contractor shall not be responsible for the damage to existing walks, curbs, driveways, cesspools, septic tanks, sewer lines, arches, lawns, trees, clotheslines, personal property, telephone and electrical lines, by the Contractor, or supplier mcurred in the p^oimance of the woik. The Contractor shall not be responsible for any loss of wages the owner may incur due to providing Contractors access to the woik area/or Owners desire to be present while work is being convicted. CANCELLATION: The Owner/builder is given a copy of the "Federal Rescission notice" attached to this contract. Once the contract is out of rescission, the Contractor will schedule the woik and order the material for the completion ofthe contiact If this contract is cancelled by the Owner/buildet/buyer for any reason after the three day recession period, the Owner/builder/buyer is responsible tor any cost incunred by CA Constmction, including but not limited to time ^ent, labor, materials, loss of profit and any other costs associated with this contract and attomey's fees required to wily enforce this contract The permits, plans, reasonable cost for time and effort or any money spent by CA Constiuction to start and finish this contract shall be paid to CA Construction upon cancellation. Iii some cases there may be two separate contracts written between CA Construction and the Owner/builder/buyer for different projects on the same home. Upon such situations if any disputes arise from one contract, it shall not have any bearing on the other contracts, ff Owncr/builder/buyer decides to cancel one or all contracts, Owner/buildei/buyer shall be binding by each contract separately and all teims and conditions apply per contract PAYMENT: Pavment must be made on the entire outstanding balance on all contracts upon completion of work to the Foreman of the installation crew. All checks must be made payable to CA Construction Company. On contracts that CA Construction Company or its agents finance, a completion certificate must be signed upon the completion of woik. A 10% charge will be accessed every 30 days on aH outstanding balances unless otherwise specified in this contract. Owner/builder/buyer agrees to make all payments, progress payments and extra charges upon receiving of II bill or invoice. CGLLECriON: CA Construction shall have the ridit to stop work and keep the job idle if payments are not made to him when due or as specified in this contract ff any payments are not made to CA Construction when due, Owner/builder/buyer shall pay to CA Construction an additionai charge of 150/. ofthe amount of such payment per' day In the event of retumed check(3), Owner^uilder/buyer shall pay to CA Constniction an additional chsurge of $35.00 over and above of any other charges plus bank charges. In the event of non payment as agreed in this contract, contractor will stop work as outlined aoove and Owner/butld«-/buyer must pay the nill contract price before 4 C A Construction/Valley Cabinets 9332 Fair Oaks Blvd., Fair Oaks, CA 95628 Ph: 916-%2-1206 Fax: 916-962-1640 ABB-0549 10/25/2005 09 01 916-962-f« Aaron Olsen PAGE 6/7 Construction CA Contracton License ^ 3 6 7 3 5 Geneial BniUinB ContuetDr contractor will proceed, and Owner/builder/buyer shall be responsible for any and all materials left on the premises and /or any damages to such materials. Within 10 days after execution df this contract, CA Construction shall have the nght to canc^ this contract should it be detemuned that there is any uncntainty that all payinents under this contract will be made when due and/or if it is detennined by CA Constmction tliat the job caimot be done in accordance of any laws, regulations, and/or building codes. Owner/builder/buyer agrees to release CA Construction of any liabilities and responsibilities under this contract upon such situations outlined above. Should any litigation be commenced between the parties concerning this contract, or the rights and duties of CA Constraction, Owner Builder shall be responsible for any and all costs includmg attomey's fees and court costs and all arbitration or mediation costs. Contractors are required by law to be licensed and regulated by the Contractors' State Ucense board. Any questions concerning a contractor may be referred to the registrar of the board whose address is: Contractors State License Board, 9835 Goeth Road, Sacramento, CA 95826 C A Construction/Valley Cabinets 9332 Fwr Oaks Bkd., Fair Oaks, CA 9S628 Ph: 916-962-1206 Fax: 916-962-1640 ABB-0550 10/23/2003 09 01 916-962-16 Aaron Olsen PAGE 7/7 > Construction ' CA Con r or agent Richard Ruybalid, DBA CA Construction 9332 Fair Oaks Blvd., Fafr Oaks, CA 95628 Ph: 916-962-1206 Fax: 916-962-1640 rArnnoQi