Motion-Secondary: Rodney Abbott, et al vs. Ronald Paul Britschgi, et al

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                                1   Todd A. Jones (Bar No 198024)
     tj ones(^archemorris .com
2    Gregory K. Federico (BarNo. 242184)
     gfederico(@archemorris.com
3    ARCHERNORRIS
     A Professional Law Corporation
4    655 University Avenue, Suite 225
     Sacramento, Califomia 95825-6747
5    Telephone: 916.646.2480
     Facsimile:     916.646.5696
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     Attomeys for Defendant
7    R4C0RP, INC., a Califomia Corporation
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                                        SUPERIOR COURT OF CALIFORNIA
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                                          COUNTY OF SACRAMENTO
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     RODNEY ABBOTT and FLORENTINE                      CaseNo. 07AS04450
12   ABBOTT,
                                                       DECLARATION OF RICHARD K.
13                        Plaintiffs,                  RUYBALID IN SUPPORT OF
                                                       DEFENDANT R4CORP, INC.'S
14            V.                                       DEMURRER TO PLAINTIFFS' SECOND
                                                       AMENDEDCOMPLAINT           r^-iT.-.M
15   RONALD PAUL BRITSCHGI, et al.,
                                                                                            'c
16                        Defendants.
                                                       Date: October 29, 2010
17                                                     Time: 2:00 p.m.
                                                       Dept: 53
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                                                       Action Filed: September 24,2007
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     AND RELATED CROSS-ACTIONS.
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23            I, Richard Kirk Ruybalid, declare as foiiows:

24            1.       I am currently the sole corporate officer for Defendant R4C0RP, INC., which is

25   located at 9332 Fair Oaks Boulevard in Fair Oaks, Califomia. The matters stated in this

26   declaration are tme to my own personal knowledge, and ifcalled upon to testify, I could and

27   would testify competently thereto.

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     NIC549/974861-1

     DECLARATION OF RUYBALID IN SUPPORT OF R4C0RP , INC.'S DEMURRER TO PLAINTIFFS' SECOND
                                   AMENDED COMPLAINT
 1 '           2.        I am a. resident of Sacramento County.
2 '            3.        OiiMarch 21,2006,1 formei R4C0RP., INC. by filing Articles of Incorporation
 3     with the California Secretary of State, Attached hereto as Exhibtt "A" is a true and correct copy
4      ofthe March 21,2006 Articles of Incorporation for R4C0RP., INC.
 5             4.        On October 25,2005, Plaintiffs FLORENTINE and RODNEY ABBOTT
 6     (hereinafter '^PLAINTIFFS") and Defendant RXCHARD K> RUYBALID dba CA
 7     CONSTRUCTION (hereinafter "CA CONSTRUCTION") entered into a contract for constmction
 8     services at PLAINTIFF'S' home located at 8601 Rolling Green Way in Fair Oaks, Sacramento
 9     County, California, R4C0RP, INC, was not a party to the contract between PLAINTIFFS and
1-0    CA CONSTRUCHON
11              5.       R4C0RP, INC.. has never entered into either a Awitten or oral contract with
12     PLAINTIFFS^ for any type of construction services at the PLAINTIFFS' r^idence.
13.             6.       R4C0RP, INC. performed no work at the PLAINTIFFS' home at any point in
14     time.
15              7.       R4C0RP^ INC. did not enter into any contracts with any of the other parties to this
16     action, which are the subject of PLAINTIFFS' complaint and amended complaints.
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18              I declare under penalty ofperjury under the laws ofthe State ofCalifornia that the
19     foregoing is tme and correct. Executed this | y day of June, 2010, at Sacramento, Califomia.
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                                                       KfCHARD K. RUYBALID,
                                                                   ^        for R4C0
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       NJC341/974851-1
       DECLARATION OF RUYBALID IN SUPPORT OF R4CORP , INC.'S DEMURRER TO PLAINTIFFS' SECOND
                                      AMENDED COMPLAINT