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  • Rodney Abbott, et al vs. Ronald Paul Britschgi, et al Unlimited Civil document preview
  • Rodney Abbott, et al vs. Ronald Paul Britschgi, et al Unlimited Civil document preview
  • Rodney Abbott, et al vs. Ronald Paul Britschgi, et al Unlimited Civil document preview
  • Rodney Abbott, et al vs. Ronald Paul Britschgi, et al Unlimited Civil document preview
  • Rodney Abbott, et al vs. Ronald Paul Britschgi, et al Unlimited Civil document preview
  • Rodney Abbott, et al vs. Ronald Paul Britschgi, et al Unlimited Civil document preview
  • Rodney Abbott, et al vs. Ronald Paul Britschgi, et al Unlimited Civil document preview
  • Rodney Abbott, et al vs. Ronald Paul Britschgi, et al Unlimited Civil document preview
						
                                

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1 Todd A. Jones (BarNo. 198024) 2 Gregory K. Federico (BarNo. 242184) ARCHERNORRIS mmsni A Professional Law Corporation 3 301 University Avenue, Suite 110 JAN 1 3 2011 Sacramento, Califomia 95825 4 Telephone: 916.646.2480 Facsimile: 916.646.5696 A O'DONNELL Deputy Clerk 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 OPPOSITION TO V. PLAINTIFFS' SUPPLEMENTAL MOTION 14 IN LIMINE TO BIFURCATE THE ISSUE RONALD PAUL BRITSCHGI, et al, OF CA CONSTRUCTION'S B&P CODE 15 VIOLATIONS Defendants. 16 Action Filed: September 24,2007 17 Hearing Date: January 14,2011 Trial Date: January 18,2011 18 Time: 8:30 a.m. 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 attomey licensed to practice law in the State 23 of Califomia and I am an associate with the lawfirmof 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 thefilesin this 26 matter and aH 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 NIC549/1075984-1 DECLARATION OF GREGORY K FEDERICO RE BIFURCATION 1 2. Mr. Ruybalid's policies, as well as the specific certificates of insurance, are 2 public record and are available via the Contractor's State Licensing Board ("CSLB") website. 3 3. Attached hereto as Exhibit "A" to this declaration is a tme and correct copy of 4 the worker's compensation history for CA CONSTRUCTION as downloaded from the CSLB 5 website. 6 4. On June 20,2005, Mr. Ruybalid initiated a Professional Employer Contract with 7 CSL Solutions, Inc. (hereinafter "CSL") whereby CSL coordinated the payroll, benefit and 8 insurance needs of Mr. Ruybalid's company, including his worker's compensation insurance. 9 5. Attached hereto as Exhibit "B" to this declaration is a true and correct copy ofa 10 letter from CSL Solutions, Inc to the Employment Development Department regarding Mr. 11 Ruybalid's contract with CSL. 12 6. I pulled up Mr. Ruybalid's license history on the CSLB website. It states that he 13 has contracted with a professional employee organization/employee service group, which is CSL. 14 His worker's compensation insurance has been coordinated with CSLfirom3/31/06 to present. 15 7. Mr. Ruybalid had Castlepoint National Insurance Company worker's 16 compensation policy, policy no. WS ATME00091401 in effect for the period of 8/31/05 to 17 8/31/06. 18 8. Attached hereto as Exhibit "C" to this declaration is a tme and correct copy of 19 declarations page for the Castlepomt policy. 20 9. Mr. Ruybalid's company began work on Plaintiffs' home in October of 2005. 21 10. Mr. Ruybalid's corapany completes work on Plaintiffs' home in Febmary of 2006. 22 11. The allegation that Mr. Ruybalid did not hold valid worker's compensation 23 insurance at all times he performed work on this project was never pied against CA 24 CONSTRUCTION in any version of Plaintiffs' complaints. 25 12. CA CONSTRUCTION had absolutely no opportunity to conduct written discovery 26 on this issue or examine Plaintiffs on the issue during deposition. 27 NIC549/1075984-1 28 DECLARATION OF GREGORY K. FEDERICO RE BIFURCATION 1 I declare under penalty of perjury under the laws of the State of Califomia that the 2 foregoing is tme and correct and that this declaration was executed in Sacramento, Califomia, on 3 January 13,2011. 4 5 Gregory K. Feder: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 NIC549/1075984-1 28 DECLARATION OF GREGORY K. FEDERICO RE BIFURCATION 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 I action or proceeding. My business address is 301 Umversity Avenue, Suite 110, Sacramento, Califomia 95825. On January 13,2011,1 caused the following document(s) to be served: 5 " DECLARATION OF GREGORY K. FEDERICO IN SUPPORT OF CA 6 I CONSTRUCTION'S OPPOSITION TO PLAINTIFFS' SUPPLEMENTAL MOTION IN LIMINE TO BIFURCATE THE ISSUE OF CA CONSTRUCTION'S B&P CODE 7 I VIOLATIONS 8 J5cl ^y placing a tme copy ofthe documents listed above, enclosed in a sealed envelope, 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 1Q with this busmess' practice for collection and processing of correspondence for mailing with the United States Postal Service. On the same day that a sealed envelope 11 is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service with postage fully prepaid. 12 ^ 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 machine. 15 I I By placing a tme copy ofthe document(s) listed above, in a box or other facility 16 regularly maintained by UPS, an express service carrier, or delivered to a courier or driver authorized by the express service carrier to receive documents, in an envelope 17 designated by the express service carrier, with delivery fees paid or provided for, addressed as set forth below. 18 19 n bv having personal deliverv bv FIRST LEGAL SUPPORT SERVICES a tme copv of the document(s) listed above, enclosed in a sealed envelope, to the person(s) and at the 20 address(es) set forth below, 21 [SEE ATTACHED SERVICE LIST] 22 „ I declare imder penalty ofperjury that the foregoing is tme and correct. Executed on 23 January 13,2011, at Sacramento, Califomia. 24 25 Y A. INGLAND 26 27 28 N1C341/608293-1 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)443-1611 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 R4C0RP 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 SERVICE LIST EXHIBIT "A « A59 Check a License or Home Improvement Salesperson (HIS) Registration - ConU-actors Stat... Page 1 of 1 Dspartment of Consumer Affairs ^ M Contractors State Licel^eBoarcl Workers' compensation History Contractor Licensed: 536735 Contractor Name: CA CONSTRUCTION EFFECTIVE EXPIRATION CANCELLATION INSURANCE COMPANY P0L1CY# DATE DATE DATE AN EMPLOYEE SERVICE GROUP HOLDS THE WSLTHPE005039406 04/01/2010 04/01/2011 INSURANCE AN EMPLOYEE SERVICE GROUP HOLDS THE WSLTHPE00503905 04/01/2009 04/01/2010 INSURANCE AN EMPLOYEE SERVICE GROUP HOLDS THE WSLTHPE00503904 04/01/2008 04/01/2009 INSURANCE^ AN EMPLOYEE SERVICE GROUP HOLDS THE WSLTHPE00503903 04/01/2007 04/01/2008 INSURANCE AN EMPLOYEE SERv'lCE GROUP HOLDS THE WSLTHPE0G503901 03/31/2006 04/01/2007 INSURANCE CASTLEPOINT NATIONAL WSATME00091401 08/31/2005 08/31/2006 jNSURANCE COMPANY STATE COMPENSATION 1829215 06/03/2005 01/01/2006 08/31/2005 JNgUF^AivjCE FUND STATE COMPENSATION 229-0023793 01/01/2002 01/01/2006 05/10/2005 INSURANCE FUND STATE COMPENSATION " 1604102 10/21/2000 10/01/2002 01/01/2002 INSURANCE FUND EXEMPT 08/02/1996 10/24/2000 Conditions of Use | Privacv Policv Copynght © 2010 State ofCalifomia https://www2 cslb.ca,gov/OnlineServices/CheckLicenseII/WCHistory.aspx?LicNuin=5367 .. 1/12/2011 EXHIBIT i6r>99 "B « ^ ' • • 'Because you didn't go mto business to liecome an employer." February 6, 2006 r Employment Development Department P 0. Box 826805 Sacramento, CA 94205-0001 Re: Account #463-3805-9 To Processing Agent Please be advised that Richard K Ruibalid of CA Construction has engaged in a Professional Employer Contract with Wightman Enterprises dba CSL Solutions as of June 20, 2005 Wightman Enterprises dba CSL Solutions is the employer of record for CA Construction and retains 100% ofthe employees under the State ID M3967897-4 All payroll records and financial liability is managed by CSL Solutions under the above mentioned tax identification number. The Account #463-3805-9 is inactive until further notice If you have any questions regarding this letter please do not hesitate to contact me. Sincerely, Michelle Wightman CEO 8 0 1 7 SACRAMENTO STREET, FAIR OAKS, CA 9 5 6 2 8 • (916) 961-1 165 • FAX. ( 9 1 6 ) 961-4499 • CSLWEB COM EXHIBIT 6"C 6/^99 RECEIVED: 1 / 1 6 / 0 8 12:3ePM; - s-CSLSOLUTIONS; 1MSI 1 ; PAGE 5 OI/ia/2006 1016 916-362-1640 Aaron Olsen PAGE 5/12 Standard Workers' Compensation and Employers' Liability Policy Policy Numben WSATMEC 000914 01 Policy Period: 8/31/2005 to 8/31/2006 Coverage by: SUA Inscraoce Ccmpany ProducBrW;l/l5 Prev. Coverage; None s,',sJlll!lllSi^ii«fsiSl^i Carrier Id; 33514 Mi^l^ii^^lHMe 1, Ruybalid, Richaid (an ind.)(dba) CA Constmction American Team Manager 9332 Fair Oaks Blvd 1030 North Armando Strect Fair Oaks, CA 95628- Anaheim, CA 92806- LocaRoM - AU usual Yvort; places of the insured at or from which operations covered by tJils policy are conducted at Die above addness unless oUietwise stated tiertln. Sec Attached Schedute Entity of insured:Individual 2. The policy period is from 08/31/05 to 08/31/06 12:01 AM Standard Tame at the Insured's mailing address. 3. A. Workers' Compensation Insurance: Part One ofthe policy applies to the Workers' Compensation lawr of the states listed here: CA B. Employers' Liability Insurance; Part TWo of the policy applies to work in each state Bsted in Item 3A. The limits of our liability under Part Two are: Bodily Injur/by Acddent $1,000,000 Each Acddent Bodily Injury by Disease $1,000,000 Policy Unit Bodily Injury by Disease $1,000,000 Each Employee C Other aates Insurance: Part Tiiree of the policy applies to the states, if any, listed here; D, See attached schedule for list of endorsements forming part of this policy. 4. The premium for this policy will be determined by our Manuals of Rules, Ciassfficatlons, Rates, and Rating Plans. All Information required below is subject to verification and diange Adjustment of premium shall be made upon policy expiration. Per /yttached Schedule; Minimum Premium: $1,459 Average Premium Discount: -9.1200% Expense Constant: $180 Policy Issuing Office: Chicago, IL Countersigned by: w c 00 00 01 A issue Date: 1/3/2006 Copyright 1987 National Coundl on Compensation Instrance ''Onginai RECEIVED: 1/ie/oe 12:37PM; -=-CSLSOLUTIONS; # 9 1 1 ; PAGE S 01/18/2008 10.16 915-962-1640 ' Aaron Olsen f PAGE 6/12 ; • • Standard Workers'Compensation and Employers' Liability Policy Policy Number. WSATMEC 000914 01 j Poficy P e r t o d ; 8/31/2005 to 8 / 3 3 ^ 0 0 6 Coverage by; SUA Insurance Company Producer Id: 1 /15 Prev. Coverage; Nona '. Carrier Id: 33514 i 1, Ruybalid, Ricliard (an ind.)(dba) CA Construction American Team Manager i 9332 Fair Oaks Blvd 1030 North Armando Strect ; Fan- Oaks, CA 95628- Analwim, CA 92806- , Locations - A!) usual Vfork pbcas of the Insurtd at or from wWch operations covered by this policy are conductoJ at tJie above address unfess otherwise stated herefn: See Attadied Sch stfuje Pdicy Page: 2 Schedule Page: i of X NAMED INSURED SCHEDULE Named Insured FEIN 001 Ruybafid, Richard (an ind.Xdba) CA Construction 770300030 WC000001N1 Issue Date: 1/3/2006 Oopyn^l 19S7 National coundl on Compensabon'tnsurance Original RECEIVED: 1/18/06 12:38PM; ->CSLSOLUTIONS; # 9 1 1 ; PAGE 7 O1/18/20"O6 10.16 916-962-1640 Aaron Olsen PAGE 7/12 Standard Workers' Compensation and Employers' Liability Policy Policy Numlier: WSATMEC 000914 oi Policy Perfod: 8/3 l/aoOS to 8/}l/200fi Coverage by; SUA Insurance Company Producer Id: 1/15 Prev. Coverage; None Carrier Id: 33514 iMWi39TOBDR^ai^ja5iafimi"i^a^?^.3;iM:r.f,a:,jsv„??'£^«^ s»l*.''i.<-fiSsyK«Ei r^^.g'JhSi'-lagiWaaigA 1. RuybEdid, Richard (an ind.)(dba) CA Conslruction American Team Manager 9332 Fair Oaks Blvd 1030 Nortii Armando Street Fair Oaks, CA 95628- Anaheim, CA 92806- Locations - AB usual vwrk ofices of the ftsurea at or from which opsratlons coverwl by this polcy are ooriductEd at the above address unless othemvfse Stated herein: Set Attached Schedule. Policy Page: 3 Schedule Page: 1 o f 1 ADDITIONAL LOCATIONS SCHEDULE 001 Ruybalid, Ridiard (an lnd.)(dba) CA Construdjon SIC: 9332 Fair Oaks Blvd, NAIC: Fair Oaks, CA 9S628 Number of EmptoyeesiS Phone:(916) 962-1205 WCOOOOAL fssueDate: 1/3/2006 Copyright 19B7 National Coundl on Compensation Insurance Originai