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1 Todd A. Jones (BarNo. 198024)
Gregory K. Federico (Bar No. 242184) I" I LED
2 ARCHERNORRIS
A Professional Law Corporation ENDORSED
3 301 University Avenue, Suite 110
Sacramento, Califomia 95825 IODEC-7 AM 10:1,1,
4 Telephone: 916.646.2480 I-E6AL PROCESS # 7
Facsimile: 916.646.5696
5
Attomeys 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 DEFENDANTS' INDEX OF MOTIONS IN
Plainfiffs, LIMINE
13
V. Action Filed: September 24, 2007
14
RONALD PAUL BRITSCHGI, et al.. Trial Date: January 17, 2011
15 Time: 8:30 a.m.
Defendants. Locafion: Department 43
16
17 AND ALL RELATED CROSS-ACTIONS.
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19
Defendant 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") hereby submit the following index of Motions in Limine:
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1. MOTION IN LIMINE NO. 1 TO EXCLUDE TESTIMONY OF
23 PLAINTIFFS' EXPERT JAMES LEE, JR. RELATING TO THE
24 EXISTENCE OF DEFECTS NOT PERSONALLY OBSERVED OR
TESTED;
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MOTION IN LIMINE NO. 2 TO EXCLUDE TESTIMONY OF
26 PLAINTIFFS' EXPERT ROBERT WEAHUNT RELATMG TO THE
EXISTENCE OF DEFECTS NOT PERSONALLY OBSERVED OR
27
TESTED;
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NIC549/105907 l-l
MIL-INDEX
1 3. MOTION IN LIMINE NO. 3 TO EXCLUDE TESTIMONY OF
PLAINTIFFS' EXPERT JAMES DILLINGHAM, RELATING TO THE
2 EXISTENCE OF DEFECTS NOT PERSONALLY OBSERVED OR
3 TESTED;
4 4. MOTION IN LIMINE NO. 4 TO EXCLUDE HEARSAY BASIS FOR
PLAINTIFFS' EXPERTS' OPINIONS;
5 MOTION IN LIMINE NO. 5 TO EXCLUDE EVIDENCE OF EMOTIONAL
6 DISTRESS;
7
MOTION IN LIMINE NO. 6 TO EXCLUDE EXPERT WITNESS
8 TESTIMONY THAT IS OUTSIDE THE SCOPE OF THE EXPERT'S
DESIGNATION;
9 7. MOTION IN LIMINE NO. 7 TO ALLOW INTRODUCTION OF COPIES
10 OF BUSINESS RECORDS OF A PARTY WITHOUT FURTHER
11 AUTHENTICATION;
12 8. MOTION IN LIMINE NO. 8 TO EXCLUDE EXPERTS FROM
TESTIFYING TO ANY POST-DEPOSITION WORK OR OPINIONS
13 9. MOTION IN LIMINE NO. 9 TO EXCLUDE LAY OPINIONS REGARDING
14 PLAINTIFFS' CLAIMS;
15
10. MOTION IN LIMINE NO. 10 TO EXCLUDE EVIDENCE OF
16 DEFENDANTS' INSURANCE STATUS, OR OF DEFENDANTS'
COUNSELS' RETENTION BY AN INSURANCE COMPANY;
11. MOTION IN LIMINE NO. 11 TO EXCLUDE ANY EVIDENCE OF
17 DAMAGES BASED ON SPECULATION AND/OR EXTRAPOLATION;
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12. MOTION IN LIMINE NO. 12 TO EXCLUDE REFERENCE TO
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19 SUBCONTRACTORS BEING RESPONSIBLE FOR DESIGN DEFECTS;
21 13. MOTION IN LIMINE NO. 13 REQUEST FOR JURY VIEW OF
22 PROPERTY PURSUANT TO CODE OF CIVIL PROCEDURE § 651;
23 14. MOTION IN LIMINE NO. 14 TO TO EXCLUDE OPINION TESTIMONY
INTERPRETING VIOLATIONS OF THE BUSINESS AND PROFESSIONS
24 CODE AND BUILDING CODE VIOLATIONS; and
2^ 15. MOTION IN LIMINE NO. 15 FOR AN ORDER BARRING ANY
26 REFERENCE TO COSTS TO REPAIR DEFECTS THAT HAVE CAUSED
NO PHYSICAL DAMAGE PRIOR TO EVIDENCE CODE § 402 HEARING.
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NIC549/I05907I-I 2
MIL-INDEX
1 Please note that Defendants are scheduled to take the further deposition of both Plaintiff
'2 RODNEY and FLORENTINE ABBOTT (hereinafter "Plaintiffs") on December 9,2010 as it
3 pertains to all new issues raised by Plaintiffs' Third Amended Complaint against both Defendant
4 CA CONSTRUCTION and Defendant R4C0RP., INC. As such, Defendants hereby reserve any
5 and all rights to file additional Motions in Limine based on the outcome and testimony provided
6 by plaintiffs RODNEY and FLORENTINE ABBOTT at the upcoming depositions.
7 Dated: December 7,2010 ARCHERNORRIS
8
9
Gregory K. Federico
10 Attomeys for Defendants RICHARD KIRK
RUYBALID, individually and dba CA
11 CONSTRUCTION; and R4C0RP., INC.
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NIC549/1059071-I 3
MIL - INDEX
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,
Cahfomia 95825. On December 7, 2010,1 caused the following document(s) to be served:
5
DEFENDANTS' INDEX OF MOTIONS IN LIMINE
6
7
[5(1 By placing a tme copy of the documents listed above, enclosed in a sealed envelope,
8 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
9 with this business' practice for collection and processing of correspondence for
10 mailing with the United States Postal Service. On the same day that a sealed envelope
is placed for collecfion and mailing, it is deposited in the ordinary course ofbusiness
with the United States Postal Service with postage fully prepaid.
12 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
13 was reported as complete without error by a report issued by the transmitting facsimile
machine.
14
15 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
16 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,
'' addressed as set forth below.
'^ r-\ bv having personal deliverv by FIRST LEGAL SUPPORT SERVICES a true copy of
1g the document(s) listed above, enclosed in a sealed envelope, to the person(s) and at the
address(es) set forth below.
20
21 [SEE ATTACHED SERVICE LIST]
22 I declare under penalty ofperjury that the foregoing is true and correct. Executed on
December 7, 2010, at Sacramento, Califomia.
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24
25 C T ^ D Y A. I N G L A N D
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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 Fmelli
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 Dnve, 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
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Richard W Freeman Counsel for R4C0RP
11 Scotts 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
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1 Todd A. Jones (BarNo. 198024) Gregory K. Federico (Bar No. 242184) I" I LED 2 ARCHERNORRIS A Professional Law Corporation ENDORSED 3 301 University Avenue, Suite 110 Sacramento, Califomia 95825 IODEC-7 AM 10:1,1, 4 Telephone: 916.646.2480 I-E6AL PROCESS # 7 Facsimile: 916.646.5696 5 Attomeys 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 DEFENDANTS' INDEX OF MOTIONS IN Plainfiffs, LIMINE 13 V. Action Filed: September 24, 2007 14 RONALD PAUL BRITSCHGI, et al.. Trial Date: January 17, 2011 15 Time: 8:30 a.m. Defendants. Locafion: Department 43 16 17 AND ALL RELATED CROSS-ACTIONS. 18 19 Defendant RICHARD KIRK RUYBALID, individually and dba CA CONSTRUCTION 20 (hereinafter "CA CONSTRUCTION") and Defendant R4C0RP., INC. (hereinafter "R4C0RP") 21 (hereinafter collectively "Defendants") hereby submit the following index of Motions in Limine: 22 1. MOTION IN LIMINE NO. 1 TO EXCLUDE TESTIMONY OF 23 PLAINTIFFS' EXPERT JAMES LEE, JR. RELATING TO THE 24 EXISTENCE OF DEFECTS NOT PERSONALLY OBSERVED OR TESTED; 25 MOTION IN LIMINE NO. 2 TO EXCLUDE TESTIMONY OF 26 PLAINTIFFS' EXPERT ROBERT WEAHUNT RELATMG TO THE EXISTENCE OF DEFECTS NOT PERSONALLY OBSERVED OR 27 TESTED; 28 NIC549/105907 l-l MIL-INDEX 1 3. MOTION IN LIMINE NO. 3 TO EXCLUDE TESTIMONY OF PLAINTIFFS' EXPERT JAMES DILLINGHAM, RELATING TO THE 2 EXISTENCE OF DEFECTS NOT PERSONALLY OBSERVED OR 3 TESTED; 4 4. MOTION IN LIMINE NO. 4 TO EXCLUDE HEARSAY BASIS FOR PLAINTIFFS' EXPERTS' OPINIONS; 5 MOTION IN LIMINE NO. 5 TO EXCLUDE EVIDENCE OF EMOTIONAL 6 DISTRESS; 7 MOTION IN LIMINE NO. 6 TO EXCLUDE EXPERT WITNESS 8 TESTIMONY THAT IS OUTSIDE THE SCOPE OF THE EXPERT'S DESIGNATION; 9 7. MOTION IN LIMINE NO. 7 TO ALLOW INTRODUCTION OF COPIES 10 OF BUSINESS RECORDS OF A PARTY WITHOUT FURTHER 11 AUTHENTICATION; 12 8. MOTION IN LIMINE NO. 8 TO EXCLUDE EXPERTS FROM TESTIFYING TO ANY POST-DEPOSITION WORK OR OPINIONS 13 9. MOTION IN LIMINE NO. 9 TO EXCLUDE LAY OPINIONS REGARDING 14 PLAINTIFFS' CLAIMS; 15 10. MOTION IN LIMINE NO. 10 TO EXCLUDE EVIDENCE OF 16 DEFENDANTS' INSURANCE STATUS, OR OF DEFENDANTS' COUNSELS' RETENTION BY AN INSURANCE COMPANY; 11. MOTION IN LIMINE NO. 11 TO EXCLUDE ANY EVIDENCE OF 17 DAMAGES BASED ON SPECULATION AND/OR EXTRAPOLATION; 18 12. MOTION IN LIMINE NO. 12 TO EXCLUDE REFERENCE TO 20 19 SUBCONTRACTORS BEING RESPONSIBLE FOR DESIGN DEFECTS; 21 13. MOTION IN LIMINE NO. 13 REQUEST FOR JURY VIEW OF 22 PROPERTY PURSUANT TO CODE OF CIVIL PROCEDURE § 651; 23 14. MOTION IN LIMINE NO. 14 TO TO EXCLUDE OPINION TESTIMONY INTERPRETING VIOLATIONS OF THE BUSINESS AND PROFESSIONS 24 CODE AND BUILDING CODE VIOLATIONS; and 2^ 15. MOTION IN LIMINE NO. 15 FOR AN ORDER BARRING ANY 26 REFERENCE TO COSTS TO REPAIR DEFECTS THAT HAVE CAUSED NO PHYSICAL DAMAGE PRIOR TO EVIDENCE CODE § 402 HEARING. 27 /// 28 NIC549/I05907I-I 2 MIL-INDEX 1 Please note that Defendants are scheduled to take the further deposition of both Plaintiff '2 RODNEY and FLORENTINE ABBOTT (hereinafter "Plaintiffs") on December 9,2010 as it 3 pertains to all new issues raised by Plaintiffs' Third Amended Complaint against both Defendant 4 CA CONSTRUCTION and Defendant R4C0RP., INC. As such, Defendants hereby reserve any 5 and all rights to file additional Motions in Limine based on the outcome and testimony provided 6 by plaintiffs RODNEY and FLORENTINE ABBOTT at the upcoming depositions. 7 Dated: December 7,2010 ARCHERNORRIS 8 9 Gregory K. Federico 10 Attomeys for Defendants RICHARD KIRK RUYBALID, individually and dba CA 11 CONSTRUCTION; and R4C0RP., INC. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NIC549/1059071-I 3 MIL - INDEX 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, Cahfomia 95825. On December 7, 2010,1 caused the following document(s) to be served: 5 DEFENDANTS' INDEX OF MOTIONS IN LIMINE 6 7 [5(1 By placing a tme copy of the documents listed above, enclosed in a sealed envelope, 8 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 9 with this business' practice for collection and processing of correspondence for 10 mailing with the United States Postal Service. On the same day that a sealed envelope is placed for collecfion and mailing, it is deposited in the ordinary course ofbusiness with the United States Postal Service with postage fully prepaid. 12 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 13 was reported as complete without error by a report issued by the transmitting facsimile machine. 14 15 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 16 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, '' addressed as set forth below. '^ r-\ bv having personal deliverv by FIRST LEGAL SUPPORT SERVICES a true copy of 1g the document(s) listed above, enclosed in a sealed envelope, to the person(s) and at the address(es) set forth below. 20 21 [SEE ATTACHED SERVICE LIST] 22 I declare under penalty ofperjury that the foregoing is true and correct. Executed on December 7, 2010, at Sacramento, Califomia. 23 24 25 C T ^ D Y A. I N G L A N D 26 27 28 NIC341/608293-1 PROOF OF SERVICE 1 Service List 2 Stephanie Finelli PLAINTIFFS 3 Law Offices of Stephanie J Fmelli 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 Dnve, 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 Scotts 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