Preview
Edward McCutchan (SBN 119376)
SUNDERLAND | McCUTCHAN, LLP
1083 Vine Street, Suite 907
Healdsburg, CA 95448
Telephone: (707) 433-0377
Facsimile: (707) 433-0379
Attorneys for defendants
DALE DAVIS, JAMES NORD, JACINDA DUVAL, BILL HING, y
LENORA VERNA FUNG, JUSTIN POENG, MATTHEW ZDANEK
IN THE SUPERIOR COURT OF CALIFORNIA
COUNTY OF SONOMA ~— UNLIMITED JURISDICTION
10
an Richard Abel, ) CASE NO. SCV-263456
)
12 Plaintiff, SUNDERLAND | McCUTCHAN INC.’S
MEMORANDUM OF POINTS AND
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VS. AUTHORITIES IN OPPOSITION TO
14 RICHARD ABEL’S HEARING ON
B. Edward McCutchan, et. al. SUNDERLAND | McCUTCHAN, INC.’S
415 CLAIM OF EXEMPTION ON LEVY
Defendants.
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Date: May 8, 2024
17 Time: 3:00 p.m,
Dept.: 18
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I
STATEMENT OF THE FACTS
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21 Richard Abel, (hereinafter “ABEL”), is a former client of Sunderland | McCutchan, LLP
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in Sonoma County Superior Court Case No. SCV-245738, Liebling v. Goodrich et, al. (See par.
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2 of the accompanying Declaration of Edward McCutchan par. 2 and 3 stated in the
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accompanying request for judicial notice).
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26 Abel filed suit against many people in Sonoma County Superior Court Case No, SCV-
27 263456, including competing judgment creditors of his in the Liebling v. Goodrich action,
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SUNDERLAND | McCUTCHAN INC’S. MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO RICHARD ABEL’S
HEARING ON SUNDERLAND | McCUTCHAN, INC’S CLAIM OF EXEMPTION ON LEVY
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Sonoma County Superior Court Case No. SCV-247738 such as Dale Davis, Jim Nord, and Bill
Hing, Sunderland | McCutchan, LLP and Sunderland | McCutchan, Inc.
Sonoma County Superior Court Case No. SCV-263456 was settled by way of a
judicially supervised settlement under CCP section CCP section 664.6 on June 6, 2023 before the
Honorable Rene Chouteau, sitting in Department 18 of the Sonoma County Superior Court. (See
accompanying Declaration of Edward McCutchan and Exhibits “1”, “2”, “3” and “4” to such and
accompanying request for judicial notice).
Under the terms of the June 6, 2024 judicially supervised settlement of this action, in
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12 exchange for consideration to him which has been made, Abel was to dismiss Sonoma County
12 Superior Court Case No. SCV-263456 against all parties with prejudice. In particular, “the
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sanctions which have been awarded by the court are vacated by the court fas of June 6, 2023]”
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and the June 6, 2023 judicially supervised settlement waived the provisions of Civil Code section]
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1542 as to all claims, known or unknown.” (See accompanying declaration of Edward
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ly McCutchan, par. 3-7, and Exhibit “1” [p. 4; 23-28; p. 5; 1-12; p. 817-24], Exhibit”2” and “3” and|
18 accompanying request for judicial notice).
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Abel has yet to dismiss Sonoma County Superior Court Case No. SCV-263456 as agreed
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to on June 6, 2023. There is a May 22, 2024, 3:00 p.m. motion to compel compliance with the
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terms of the June 6, 2023 judicially supervised settlement and the signed settlement agreement
23 and for monetary sanctions against Abel in Department 18 of this court brought by Galloway,
24
Lucchese, Everson, & Picchi. (See accompanying request for judicial notice and accompanying
25
declaration of Edward McCutchan).
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Hf
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SUNDERLAND | McCUTCHAN INC'S. MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO RICHARD ABEL'S.
HEARING ON SUNDERLAND | McCUTCHAN, INC’S CLAIM OF EXEMPTION ON LEVY.
2
I.
STATEMENT OF THE PROCEEDINGS
On April 11, 2024, Edward McCutchan received in the United States mail a letter from.
Exchange Bank concerning an April 8, 2024 issued levy by Abel in Sonoma County Superior
Court Case No. SCV-263456 on Sunderland | McCutchan, Inc’s Exchange Bank accounts in this
action.
On April 12, 2024, Sunderland | McCutchan, Inc. served its claim of exemption upon
Abel, the Sonoma County Sheriffs Office, and other parties in this action. (See Declaration of
Edward McCutchan Exhibit “4”).
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Abel then filed his notice of hearing on the served claim of exemption by Sunderland |
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McCutchan, Inc. as to the April 8, 2024 issued levy on Sunderland | McCutchan, Inc’s Exchange
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Bank accounts on April 24, 2024 with a May 8, 2024 hearing date at 3:00 p.m. in Sonoma
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County Superior Court Department 18. Nowhere within Abel’s April 24, 2024 filing for the
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May 8, 2024 hearing on the served claim of exemption does he mention a global settlement of
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this action, payment of consideration to him, and his failure to dismiss Sonoma County Superior
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Court Case No. SCV-263456 with prejudice.
i?
iI.
18 SONOMA COUNTY SUPERIOR COURT CASE NO. SCV-263456 WAS
SETTLED IN FULL JUNE 6, 2023 FOR A FULL DISMISSAL WITH PREJUDICE
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AGAINST ALL PARTIES BY ABEL. ABEL CONTINUES TO FAIL TO DISMISS
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THIS ACTION WITH PREJUDICE DESPITE RECEIVING CONSIDERATION
al CCP section 664.6(a) provides “the court, upon motion, may enter judgment pursuant to
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the terms of the settlement” and “the court may retain jurisdiction over the parties to enforce the
23
settlement until performance in full of the terms of the settlement” if “parties to pending
24
litigation [so] stipulate, in a writing signed by the parties.”
25
26 “Abuse of process 2 oti is not just another name for malicious prosecution. Simply filing or
27 maintaining a lawsuit for an improper purpose (such as might support a malicious
28
prosecution cause of action) is not abuse-of process. Malicious prosecution and abuse of
SUNDERLAND | McCUTCHAN INC’S. MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO RICHARD ABEL'S.
HEARING ON SUNDERLAND | McCUTCHAN, INC’S CLAIM OF EXEMPTION ON LEVY
3
process are distinct. The former concerns a meritless lawsuit (and all the damage it inflicted).
The latter concerns the misuse of the tools the law affords litigants once they are in a lawsuit
(regardless of whether there was probable cause to commence that lawsuit in the first place).
Hence, abuse of process claims typically arise for improper or excessive attachments or improper
use of discovery [citation].” (Bidna v. Rosen (1993) 19 Cal. App. 4" 27, 40).
“Whenever a party, who, as actor seeks to set the judicial machine in motion and obtain
some remedy has violated conscience, or good faith, or other equitable principle, in his prior
conduct then the doors of the court will be shut against him in limine, the court will refuse to
10
aa interfere on his behalf to acknowledge his right or to award him any remedy. (De Garmo v.
12 Goldman (1942) 10 Cal. 2d 755).
13
Abel’s notice of levy on Sunderland | McCutchan, Inc.’s Exchange Bank accounts in this
a4
action and his deposition subpoena on Sunderland | McCutchan, Inc.’s Exchange Bank accounts
i5
in Liebling v. Goodrich, Sonoma County Superior Court Case No. SCV-245738 constitute
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17 abuses of process as a matter of law given the June 6, 2023 judicially supervised settlement in
18 this action. (See accompanying declaration of Edward McCutchan and accompanying request
19
for judicial notice).
20
Under the doctrine of equity, Abel who settled this action by way of a judicially
21
supervised settlement on June 6, 2023, mandating a dismissal with prejudice of the entire case in|
22
23 Sonoma County Superior Court Case No. SCV-26345, has yet to do so despite getting
24 compensation with respect to his judicially supervised settlement must have his May 8, 2024
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motion in this action denied.
26
Mt
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28 Hf
‘SUNDERLAND | McCUTCHAN INC’S, MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO RICHARD ABEL'S
HEARING ON SUNDERLAND | McCUTCHAN, INC'S CLAIM OF EXEMPTION ON LEVY
4
Iv.
CONCLUSION
Based upon the above, Sunderland | McCutchan, Inc., Dale Davis, Jacinda Duval, Bill
Hing, Lenora Fung, Jim Nord, Justin Poeng and Matthew Zdanek request that this court with
respect to Sonoma County Superior Court Case No, SCV-263456 and the May 8, 2024 motion
by Abel:
1 Deny his May 8, 2024 motion given the undisputed fact that Sonoma County Superioy
Court Case No. SCV-263456 was settled by way of a judicially supervised settlement on June 6,
10
2023 for a dismissal with prejudice of all parties including Does, and that Abel despite receiving
11
12 consideration for the June 6, 2023 judicially supervised settlement, has refused to file the agreed
13 upon dismissal with prejudice as to all parties including Does in this action.
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2. Have the Sonoma County Superior Court Clerk assign Sonoma County Superior
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Court Case No, SCV-247738 in the Licbling v. Goodrich action and hear on May 22, 2024 at
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3:00 in Sonoma County Superior Court, Department 18, Sunderland | McCutchan Inc’s motion
1?
18 to quash Abel’s deposition subpoena on its Exchange Bank accounts and for monetary sanctions.
19 3. Issue an OSC re contempt against Abel and for monetary sanctions for (i) his failure
20
to file a dismissal with prejudice Sonoma County Superior Court Case No. SCV-263456 in its
2i
entirety including all does, (ii) levying on Sunderland | McCutchan, Inc.’s bank accounts with
22
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Exchange Bank and filing this May 8, 2024 motion and (iii) serving a deposition subpoena on
24 Sunderland | McCutchan, Inc.’s bank accounts with Exchange Bank in Sonoma County Superior
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Court Case No. SCV-247738 in the Liebling v. Goodrich action.
26
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27
ul
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SUNDERLAND | McCUTCHAN INC’S. MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO RICHARD ABEL’S
HEARING ON SUNDERLAND | MeCUTCHAN, INC’S CLAIM OF EXEMPTION ON LEVY
3
Dated: May /_, 2024 SUNDERLAND | CHAN, LLP
ve
Gy
Coal.
Edward
Attorney for DALE DAVIS, JAMES
NORD, JA [DA DUVAL, BILL HING,
LENORA VERNA FUNG, JUSTIN
POENG, MATTHEW ZDANEK
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ly
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SUNDERLAND | McCUTCHAN INC’S. MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO RICHARD ABEL'S.
HEARING ON SUNDERLAND | McCUTCHAN, INC’S CLAIM OF EXEMPTION ON LEVY
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PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF SONOMA
Tam employed in the County of Sonoma, State of California. | am over the age of 18 and a
party to the within action; my present address is: 1083 Vine Street, Suite 907, Healdsburg, California
95448.
On May 2024, I served the foregoing documents described as SUNDERLAND |
McCUTCHAN INC’S. MEMORANDUM OF POINTS AND AUTHORITIES IN
OPPOSITION TO RICHARD ABEL’S HEARING ON SUNDERLAND | McCUTCHAN,
INC’S CLAIM OF EXEMPTION ON LEVY on the parties by placing a true copy thereof
enclosed in a sealed envelope addressed as follows:
SEE ATTACHED SERVICE LIST
10 Lo By Regular U.S. Mail. The documents were placed for collection and mailing following
1. ordinary business practice for deposit in the United States Postal S eye et a seal ! envelope wi
12 postage thereon fully prepaid, addressed as stated above.
abe) NCC
13 By personal service. I caused each such envelope to be delivered by hand to the addressee(s
14
as stated above,
15 By facsimile transmitted from (707) 433-0377. The document transmission was reported ag
16 complete and without error,
a7 “ By email or electronic transmission. I caused the document to be sent to the persons at the
18 email addresses listed below. I did not receive within a reasonable time after the frans: igsion any
Cr
19 electronic message or other indication that the transmission was unsuccessful.
20 I declare under penalty of perjury under the laws of the State of California that the foregoing]
21 is true and correct and that this declaration was executed on May. / 4, at Healdsburg,
22
California.
23
a ¢ COL u“
ONLY
24
Edward McCute!
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SUNDERLAND | McCUTCHAN INC’S. MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO RICHARD ABEL'S:
HEARING ON SUNDERLAND | McCUTCHAN, INC’S CLAIM OF EXEMPTION ON LEVY
7
SERVICE LIST .
Abel v. McCutchan, et al,
Sonoma County Superior Court Case No. SCV-263456
Plaintiff in Pro Per; Richard Abel
Richard Abel USPS FIRST CLASS MAIL - ONLY
2222 Cleveland Avenue Apt, 1002
Santa Rosa, CA 95403
E-Mail: pererel@gmail.com
4a Defendant in Pro Per: Nansi Weil
’
ab Nansi Ida Weil ELECTRONIC SERVICE ~- ONLY
12
627 Calle de Pers
Sarasota, FL 34242
13
‘Tels (707) 328-4140
a4 E-Mail: nansiweil@comeast.nel
is
Alexander D, Promm, Esq.
16
Joseph S, Pice ELECTRONIC MAIL - ONLY
Galloway, Luce. hese, ‘Everson & Picchi
iT
A Professt lonal Corporation.
2300 Contra Costa Blyd,, Suite 350
28
Pleasant Hill, CA 94523-2398
a9
Fax:(o23)
‘Tel: 930-9090
930-9035
E-Mail: apromm@glattys.com
20
a1
Eddie Engrawa, Sonoma County Sheriff USPS FIRST CLASS MAIL - ONLY
a2 Civil Bureau
2796 Ventura Avenve
23 Santa Rosa, CA 95403
24
Exchange Bank ELECTRONIC MAIL - ONLY
2s 440 Aviation Boulevard
Santa Rosa, CA 95403
26
27
Jes ica Zepeda@exchangebank,com
2a
CLAIM OF BXEMPTION
5
Preview
Edward McCutchan (SBN 119376) SUNDERLAND | McCUTCHAN, LLP 1083 Vine Street, Suite 907 Healdsburg, CA 95448 Telephone: (707) 433-0377 Facsimile: (707) 433-0379 Attorneys for defendants DALE DAVIS, JAMES NORD, JACINDA DUVAL, BILL HING, y LENORA VERNA FUNG, JUSTIN POENG, MATTHEW ZDANEK IN THE SUPERIOR COURT OF CALIFORNIA COUNTY OF SONOMA ~— UNLIMITED JURISDICTION 10 an Richard Abel, ) CASE NO. SCV-263456 ) 12 Plaintiff, SUNDERLAND | McCUTCHAN INC.’S MEMORANDUM OF POINTS AND 13 VS. AUTHORITIES IN OPPOSITION TO 14 RICHARD ABEL’S HEARING ON B. Edward McCutchan, et. al. SUNDERLAND | McCUTCHAN, INC.’S 415 CLAIM OF EXEMPTION ON LEVY Defendants. 16 Date: May 8, 2024 17 Time: 3:00 p.m, Dept.: 18 18 19 I STATEMENT OF THE FACTS 20 21 Richard Abel, (hereinafter “ABEL”), is a former client of Sunderland | McCutchan, LLP 22 in Sonoma County Superior Court Case No. SCV-245738, Liebling v. Goodrich et, al. (See par. 23 2 of the accompanying Declaration of Edward McCutchan par. 2 and 3 stated in the a4 accompanying request for judicial notice). 25 26 Abel filed suit against many people in Sonoma County Superior Court Case No, SCV- 27 263456, including competing judgment creditors of his in the Liebling v. Goodrich action, 28 SUNDERLAND | McCUTCHAN INC’S. MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO RICHARD ABEL’S HEARING ON SUNDERLAND | McCUTCHAN, INC’S CLAIM OF EXEMPTION ON LEVY 1 Sonoma County Superior Court Case No. SCV-247738 such as Dale Davis, Jim Nord, and Bill Hing, Sunderland | McCutchan, LLP and Sunderland | McCutchan, Inc. Sonoma County Superior Court Case No. SCV-263456 was settled by way of a judicially supervised settlement under CCP section CCP section 664.6 on June 6, 2023 before the Honorable Rene Chouteau, sitting in Department 18 of the Sonoma County Superior Court. (See accompanying Declaration of Edward McCutchan and Exhibits “1”, “2”, “3” and “4” to such and accompanying request for judicial notice). Under the terms of the June 6, 2024 judicially supervised settlement of this action, in 10 12 exchange for consideration to him which has been made, Abel was to dismiss Sonoma County 12 Superior Court Case No. SCV-263456 against all parties with prejudice. In particular, “the 13 sanctions which have been awarded by the court are vacated by the court fas of June 6, 2023]” 14 and the June 6, 2023 judicially supervised settlement waived the provisions of Civil Code section] 15 1542 as to all claims, known or unknown.” (See accompanying declaration of Edward 16 ly McCutchan, par. 3-7, and Exhibit “1” [p. 4; 23-28; p. 5; 1-12; p. 817-24], Exhibit”2” and “3” and| 18 accompanying request for judicial notice). 19 Abel has yet to dismiss Sonoma County Superior Court Case No. SCV-263456 as agreed 20 to on June 6, 2023. There is a May 22, 2024, 3:00 p.m. motion to compel compliance with the 2i 22 terms of the June 6, 2023 judicially supervised settlement and the signed settlement agreement 23 and for monetary sanctions against Abel in Department 18 of this court brought by Galloway, 24 Lucchese, Everson, & Picchi. (See accompanying request for judicial notice and accompanying 25 declaration of Edward McCutchan). 26 Hf 27 28 Hl SUNDERLAND | McCUTCHAN INC'S. MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO RICHARD ABEL'S. HEARING ON SUNDERLAND | McCUTCHAN, INC’S CLAIM OF EXEMPTION ON LEVY. 2 I. STATEMENT OF THE PROCEEDINGS On April 11, 2024, Edward McCutchan received in the United States mail a letter from. Exchange Bank concerning an April 8, 2024 issued levy by Abel in Sonoma County Superior Court Case No. SCV-263456 on Sunderland | McCutchan, Inc’s Exchange Bank accounts in this action. On April 12, 2024, Sunderland | McCutchan, Inc. served its claim of exemption upon Abel, the Sonoma County Sheriffs Office, and other parties in this action. (See Declaration of Edward McCutchan Exhibit “4”). 10 Abel then filed his notice of hearing on the served claim of exemption by Sunderland | a McCutchan, Inc. as to the April 8, 2024 issued levy on Sunderland | McCutchan, Inc’s Exchange 12 Bank accounts on April 24, 2024 with a May 8, 2024 hearing date at 3:00 p.m. in Sonoma 13 County Superior Court Department 18. Nowhere within Abel’s April 24, 2024 filing for the 14 May 8, 2024 hearing on the served claim of exemption does he mention a global settlement of 15 this action, payment of consideration to him, and his failure to dismiss Sonoma County Superior 16 Court Case No. SCV-263456 with prejudice. i? iI. 18 SONOMA COUNTY SUPERIOR COURT CASE NO. SCV-263456 WAS SETTLED IN FULL JUNE 6, 2023 FOR A FULL DISMISSAL WITH PREJUDICE 19 AGAINST ALL PARTIES BY ABEL. ABEL CONTINUES TO FAIL TO DISMISS 20 THIS ACTION WITH PREJUDICE DESPITE RECEIVING CONSIDERATION al CCP section 664.6(a) provides “the court, upon motion, may enter judgment pursuant to 22 the terms of the settlement” and “the court may retain jurisdiction over the parties to enforce the 23 settlement until performance in full of the terms of the settlement” if “parties to pending 24 litigation [so] stipulate, in a writing signed by the parties.” 25 26 “Abuse of process 2 oti is not just another name for malicious prosecution. Simply filing or 27 maintaining a lawsuit for an improper purpose (such as might support a malicious 28 prosecution cause of action) is not abuse-of process. Malicious prosecution and abuse of SUNDERLAND | McCUTCHAN INC’S. MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO RICHARD ABEL'S. HEARING ON SUNDERLAND | McCUTCHAN, INC’S CLAIM OF EXEMPTION ON LEVY 3 process are distinct. The former concerns a meritless lawsuit (and all the damage it inflicted). The latter concerns the misuse of the tools the law affords litigants once they are in a lawsuit (regardless of whether there was probable cause to commence that lawsuit in the first place). Hence, abuse of process claims typically arise for improper or excessive attachments or improper use of discovery [citation].” (Bidna v. Rosen (1993) 19 Cal. App. 4" 27, 40). “Whenever a party, who, as actor seeks to set the judicial machine in motion and obtain some remedy has violated conscience, or good faith, or other equitable principle, in his prior conduct then the doors of the court will be shut against him in limine, the court will refuse to 10 aa interfere on his behalf to acknowledge his right or to award him any remedy. (De Garmo v. 12 Goldman (1942) 10 Cal. 2d 755). 13 Abel’s notice of levy on Sunderland | McCutchan, Inc.’s Exchange Bank accounts in this a4 action and his deposition subpoena on Sunderland | McCutchan, Inc.’s Exchange Bank accounts i5 in Liebling v. Goodrich, Sonoma County Superior Court Case No. SCV-245738 constitute 16 17 abuses of process as a matter of law given the June 6, 2023 judicially supervised settlement in 18 this action. (See accompanying declaration of Edward McCutchan and accompanying request 19 for judicial notice). 20 Under the doctrine of equity, Abel who settled this action by way of a judicially 21 supervised settlement on June 6, 2023, mandating a dismissal with prejudice of the entire case in| 22 23 Sonoma County Superior Court Case No. SCV-26345, has yet to do so despite getting 24 compensation with respect to his judicially supervised settlement must have his May 8, 2024 25 motion in this action denied. 26 Mt 27 28 Hf ‘SUNDERLAND | McCUTCHAN INC’S, MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO RICHARD ABEL'S HEARING ON SUNDERLAND | McCUTCHAN, INC'S CLAIM OF EXEMPTION ON LEVY 4 Iv. CONCLUSION Based upon the above, Sunderland | McCutchan, Inc., Dale Davis, Jacinda Duval, Bill Hing, Lenora Fung, Jim Nord, Justin Poeng and Matthew Zdanek request that this court with respect to Sonoma County Superior Court Case No, SCV-263456 and the May 8, 2024 motion by Abel: 1 Deny his May 8, 2024 motion given the undisputed fact that Sonoma County Superioy Court Case No. SCV-263456 was settled by way of a judicially supervised settlement on June 6, 10 2023 for a dismissal with prejudice of all parties including Does, and that Abel despite receiving 11 12 consideration for the June 6, 2023 judicially supervised settlement, has refused to file the agreed 13 upon dismissal with prejudice as to all parties including Does in this action. 14 2. Have the Sonoma County Superior Court Clerk assign Sonoma County Superior 15 Court Case No, SCV-247738 in the Licbling v. Goodrich action and hear on May 22, 2024 at 16 3:00 in Sonoma County Superior Court, Department 18, Sunderland | McCutchan Inc’s motion 1? 18 to quash Abel’s deposition subpoena on its Exchange Bank accounts and for monetary sanctions. 19 3. Issue an OSC re contempt against Abel and for monetary sanctions for (i) his failure 20 to file a dismissal with prejudice Sonoma County Superior Court Case No. SCV-263456 in its 2i entirety including all does, (ii) levying on Sunderland | McCutchan, Inc.’s bank accounts with 22 23 Exchange Bank and filing this May 8, 2024 motion and (iii) serving a deposition subpoena on 24 Sunderland | McCutchan, Inc.’s bank accounts with Exchange Bank in Sonoma County Superior 25 Court Case No. SCV-247738 in the Liebling v. Goodrich action. 26 Wt 27 ul 28 SUNDERLAND | McCUTCHAN INC’S. MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO RICHARD ABEL’S HEARING ON SUNDERLAND | MeCUTCHAN, INC’S CLAIM OF EXEMPTION ON LEVY 3 Dated: May /_, 2024 SUNDERLAND | CHAN, LLP ve Gy Coal. Edward Attorney for DALE DAVIS, JAMES NORD, JA [DA DUVAL, BILL HING, LENORA VERNA FUNG, JUSTIN POENG, MATTHEW ZDANEK 10 1i 12 13 14 15 16 ly 18 19 20 2i 22 23 24 25 26 aq 28 SUNDERLAND | McCUTCHAN INC’S. MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO RICHARD ABEL'S. HEARING ON SUNDERLAND | McCUTCHAN, INC’S CLAIM OF EXEMPTION ON LEVY 6 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SONOMA Tam employed in the County of Sonoma, State of California. | am over the age of 18 and a party to the within action; my present address is: 1083 Vine Street, Suite 907, Healdsburg, California 95448. On May 2024, I served the foregoing documents described as SUNDERLAND | McCUTCHAN INC’S. MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO RICHARD ABEL’S HEARING ON SUNDERLAND | McCUTCHAN, INC’S CLAIM OF EXEMPTION ON LEVY on the parties by placing a true copy thereof enclosed in a sealed envelope addressed as follows: SEE ATTACHED SERVICE LIST 10 Lo By Regular U.S. Mail. The documents were placed for collection and mailing following 1. ordinary business practice for deposit in the United States Postal S eye et a seal ! envelope wi 12 postage thereon fully prepaid, addressed as stated above. abe) NCC 13 By personal service. I caused each such envelope to be delivered by hand to the addressee(s 14 as stated above, 15 By facsimile transmitted from (707) 433-0377. The document transmission was reported ag 16 complete and without error, a7 “ By email or electronic transmission. I caused the document to be sent to the persons at the 18 email addresses listed below. I did not receive within a reasonable time after the frans: igsion any Cr 19 electronic message or other indication that the transmission was unsuccessful. 20 I declare under penalty of perjury under the laws of the State of California that the foregoing] 21 is true and correct and that this declaration was executed on May. / 4, at Healdsburg, 22 California. 23 a ¢ COL u“ ONLY 24 Edward McCute! 25 26 27 28 SUNDERLAND | McCUTCHAN INC’S. MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO RICHARD ABEL'S: HEARING ON SUNDERLAND | McCUTCHAN, INC’S CLAIM OF EXEMPTION ON LEVY 7 SERVICE LIST . Abel v. McCutchan, et al, Sonoma County Superior Court Case No. SCV-263456 Plaintiff in Pro Per; Richard Abel Richard Abel USPS FIRST CLASS MAIL - ONLY 2222 Cleveland Avenue Apt, 1002 Santa Rosa, CA 95403 E-Mail: pererel@gmail.com 4a Defendant in Pro Per: Nansi Weil ’ ab Nansi Ida Weil ELECTRONIC SERVICE ~- ONLY 12 627 Calle de Pers Sarasota, FL 34242 13 ‘Tels (707) 328-4140 a4 E-Mail: nansiweil@comeast.nel is Alexander D, Promm, Esq. 16 Joseph S, Pice ELECTRONIC MAIL - ONLY Galloway, Luce. hese, ‘Everson & Picchi iT A Professt lonal Corporation. 2300 Contra Costa Blyd,, Suite 350 28 Pleasant Hill, CA 94523-2398 a9 Fax:(o23) ‘Tel: 930-9090 930-9035 E-Mail: apromm@glattys.com 20 a1 Eddie Engrawa, Sonoma County Sheriff USPS FIRST CLASS MAIL - ONLY a2 Civil Bureau 2796 Ventura Avenve 23 Santa Rosa, CA 95403 24 Exchange Bank ELECTRONIC MAIL - ONLY 2s 440 Aviation Boulevard Santa Rosa, CA 95403 26 27 Jes ica Zepeda@exchangebank,com 2a CLAIM OF BXEMPTION 5