Preview
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
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Attomeys for Defendants
6 RICHARD KIRK RUYBALID, individually and
dba CA CONSTRUCTION
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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.
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
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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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of Califomia and I am an associate with the lawfirmof Archer Norris, counsel of record for
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Defendants RICHARD KIRK RUYBALID, individually and dba CA CONSTRUCTION
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(hereinafter "CA CONSTRUCTION"). As such, I am personally familiar with thefilesin this
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matter and aH 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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NIC549/1075984-1
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.
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NIC549/1075984-1
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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.
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5 Gregory K. Feder:
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NIC549/1075984-1
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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
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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 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:
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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.
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^ 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.
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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.
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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,
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[SEE ATTACHED SERVICE LIST]
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I declare imder penalty ofperjury that the foregoing is tme and correct. Executed on
23 January 13,2011, at Sacramento, Califomia.
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Y A. INGLAND
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N1C341/608293-1
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)443-1611
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
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
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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