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1 Richard W Freeman, Jr. (State Bar No 50533)
Scott 8. Brooks (State Bar No. 267320)
2 WOOD, SMITH, HENNING & BERMAN LLP
1401 Willow Pass Road, Suite 700
3 Concord, California 94520-7982
Phone- 925 356 8200 • Fax: 925 356 8250
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Attorneys for Defendant, R4C0RP, a California Corporation
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SACRAIVIENTO - UNLIMITED JURISDICTION
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11 FLORENTINE AND RODNEY ABBOTT, CASE NO. 07AS04450
S row
12 Plaintiffs, RESERVATION OF RIGHTS OF
DEFENDANT R4C0RP TO BRING
m wag 13 V. ADDITIONAL MOTIONS IN LIMINE
AFTER COMPLETION OF PLAINTIFF
Z H to O o 14 R4C0RP, a California Corporation, et a!., WITNESS DEPOSITIONS;
DECLARATION OF SCOTT S. BROOKS;
15 Defendant [PROPOSED] ORDER
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o AND RELATED CROSS-ACTIONS Trial Date: January 17, 2011
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18 TO ALL PARTIES HEREIN AND THEIR RESPECTIVE ATTORNEYS OF RECORD:
19 For the reason described in the Declaration of Scott S. Brooks, attached hereto,
20 Defendant R4C0RP (hereinafter "R4C0RP") hereby reserves the right to bnng additional
21 Motions in Limine, regarding plaintiff witnesses, after the completion of plaintiff witness
22 depositions.
23 DATED: December 7 _ , 2010 WOOD, SMITH, HENNING & BERMAN LLP
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25 By:
RICHARD W FREEMAN, JR.
26 SCOTT S. BROOKS
27 Attorneys for Defendant, R4C0RP, a California
Corporation
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LEGAL 05936-0065/1524130 1
-1-
RESERVATION OF RIGHTS OF DEFENDANT R4C0RP TO BRING ADDITIONAL MOTIONS IN LIMINE
AFTER COMPLETION OF PLAINTIFF WITNESS DEPOSITIONS, DECLARATION OF SCOTT S
BROOKS, [PROPOSED] ORDER
1 DECLARATION OF SCOTT S. BROOKS
2 I, Scott S Brooks, declare as follows-
3 1 I am an associate at the law firm of Wood, Smith, Henning and Berman,
4 counsel of record for Defendant R4C0RP (hereinafter "Defendant") in the above-
5 captioned action. I am a member in good standing ofthe State Bar of California. I have
6 personal knowledge of all of the facts set forth in this Declaration and if called upon to
7 testify, I could and would testify competently thereto.
8 2 On November 8, 2007, Piaintiffs filed their initial Complaint
9 3 On November 5, 2010, Plaintiffs filed and served their Third Amended
10 Complaint ("TAC"). Plaintiffs' TAC for the first time names Defendant R4Corp. The TAC
11 states that R4Corp is "the successor to Richard Ruybalid dba CA Construction, and is
12 thus liable for the acts of said defendant, as alleged herein, as a successor thereto, and
UL P A " 13 not for any acts committed by defendant R4Corp on its own "
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14 4 In order to effectively prepare for Trial, which is currently scheduled for
5 15 Q: CK _
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z l^tS 15 January 17, 2011, Defendant R4Corp, on November 30, 2010, noticed the depositions of
16 both plaintiffs for December 9, 2010. Before noticing the depositions. Defendant R4Corp
'^- s § i 17 met and conferred with counsel for Plaintiffs and Defendant CA Construction to discuss
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18 convenient times to take plaintiffs' depositions.
19 5. The last day to file Motions in Limine is December 7, 2010, two days before
20 the plaintiffs' depositions are scheduled.
21 6 Based upon new information that Defendant R4Corp may obtain at
22 plaintiffs' depositions, Defendant R4Corp reserves its right to file supplemental Motions In
23 Limine based upon said additional information.
24 I declare under penalty of perjury under the laws of the State of California that the
25 foregoing is true and correct
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27 ///
28 / / /
LEGAL 05936-0065/1524130 1 .9.
RESERVATION OF RIGHTS OF DEFENDANT R4C0RP TO BRING ADDITIONAL MOTIONS IN LIMINE
AFTER COMPLETION OF PLAINTIFF WITNESS DEPOSITIONS
1 Executed December / . 2010, at Concord, California.
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Scott S. Brooks
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LEGAL 05936-0065/1524130 1
RESERVATION OF RIGHTS OF DEFENDANT R4G0RP TO BRING ADDITIONAL MOTIONS IN LIMINE
AFTER COMPLETION OF PLAINTIFF WITNESS DEPOSITIONS
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1 Richard W Freeman, Jr. (State Bar No 50533) Scott 8. Brooks (State Bar No. 267320) 2 WOOD, SMITH, HENNING & BERMAN LLP 1401 Willow Pass Road, Suite 700 3 Concord, California 94520-7982 Phone- 925 356 8200 • Fax: 925 356 8250 4 Attorneys for Defendant, R4C0RP, a California Corporation 5 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SACRAIVIENTO - UNLIMITED JURISDICTION 10 11 FLORENTINE AND RODNEY ABBOTT, CASE NO. 07AS04450 S row 12 Plaintiffs, RESERVATION OF RIGHTS OF DEFENDANT R4C0RP TO BRING m wag 13 V. ADDITIONAL MOTIONS IN LIMINE AFTER COMPLETION OF PLAINTIFF Z H to O o 14 R4C0RP, a California Corporation, et a!., WITNESS DEPOSITIONS; DECLARATION OF SCOTT S. BROOKS; 15 Defendant [PROPOSED] ORDER z l^^g 16 o AND RELATED CROSS-ACTIONS Trial Date: January 17, 2011 1 f oS 17 i o O S -OB 18 TO ALL PARTIES HEREIN AND THEIR RESPECTIVE ATTORNEYS OF RECORD: 19 For the reason described in the Declaration of Scott S. Brooks, attached hereto, 20 Defendant R4C0RP (hereinafter "R4C0RP") hereby reserves the right to bnng additional 21 Motions in Limine, regarding plaintiff witnesses, after the completion of plaintiff witness 22 depositions. 23 DATED: December 7 _ , 2010 WOOD, SMITH, HENNING & BERMAN LLP 24 25 By: RICHARD W FREEMAN, JR. 26 SCOTT S. BROOKS 27 Attorneys for Defendant, R4C0RP, a California Corporation 28 LEGAL 05936-0065/1524130 1 -1- RESERVATION OF RIGHTS OF DEFENDANT R4C0RP TO BRING ADDITIONAL MOTIONS IN LIMINE AFTER COMPLETION OF PLAINTIFF WITNESS DEPOSITIONS, DECLARATION OF SCOTT S BROOKS, [PROPOSED] ORDER 1 DECLARATION OF SCOTT S. BROOKS 2 I, Scott S Brooks, declare as follows- 3 1 I am an associate at the law firm of Wood, Smith, Henning and Berman, 4 counsel of record for Defendant R4C0RP (hereinafter "Defendant") in the above- 5 captioned action. I am a member in good standing ofthe State Bar of California. I have 6 personal knowledge of all of the facts set forth in this Declaration and if called upon to 7 testify, I could and would testify competently thereto. 8 2 On November 8, 2007, Piaintiffs filed their initial Complaint 9 3 On November 5, 2010, Plaintiffs filed and served their Third Amended 10 Complaint ("TAC"). Plaintiffs' TAC for the first time names Defendant R4Corp. The TAC 11 states that R4Corp is "the successor to Richard Ruybalid dba CA Construction, and is 12 thus liable for the acts of said defendant, as alleged herein, as a successor thereto, and UL P A " 13 not for any acts committed by defendant R4Corp on its own " LU § S IO 14 4 In order to effectively prepare for Trial, which is currently scheduled for 5 15 Q: CK _ Z aw OS z l^tS 15 January 17, 2011, Defendant R4Corp, on November 30, 2010, noticed the depositions of 16 both plaintiffs for December 9, 2010. Before noticing the depositions. Defendant R4Corp '^- s § i 17 met and conferred with counsel for Plaintiffs and Defendant CA Construction to discuss Q ?<-> 3 o e o 18 convenient times to take plaintiffs' depositions. 19 5. The last day to file Motions in Limine is December 7, 2010, two days before 20 the plaintiffs' depositions are scheduled. 21 6 Based upon new information that Defendant R4Corp may obtain at 22 plaintiffs' depositions, Defendant R4Corp reserves its right to file supplemental Motions In 23 Limine based upon said additional information. 24 I declare under penalty of perjury under the laws of the State of California that the 25 foregoing is true and correct 26 /// 27 /// 28 / / / LEGAL 05936-0065/1524130 1 .9. RESERVATION OF RIGHTS OF DEFENDANT R4C0RP TO BRING ADDITIONAL MOTIONS IN LIMINE AFTER COMPLETION OF PLAINTIFF WITNESS DEPOSITIONS 1 Executed December / . 2010, at Concord, California. 2 3 Scott S. Brooks 4 5 6 7 8 9 10 11 12 lu S 05 cc UJ 13 CD oa o. 14 z So: K., Z "03 O 5 15 x|>Ss 16 o e 17 o 18 19 20 21 22 23 24 25 26 27 28 LEGAL 05936-0065/1524130 1 RESERVATION OF RIGHTS OF DEFENDANT R4G0RP TO BRING ADDITIONAL MOTIONS IN LIMINE AFTER COMPLETION OF PLAINTIFF WITNESS DEPOSITIONS