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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,
LENORA VERNA FUNG, JUSTIN POENG, MATTHEW ZDANEK.
IN THE SUPERIOR COURT OF CALIFORNIA
COUNTY OF SONOMA — UNLIMITED JURISDICTION
10
Richard Abel, CASE NO. SCV-263456
iL
Plaintiff, DECLARATION OF EDWARD
12 McCUTCHAN IN OPPOSITION TO
VS. RICHARD ABEL’S APRIL 24, 2024
13
FILED HEARING RE SUNDERLAND |
14 B. Edward McCutchan, Jr., et. al. McCUTCHAN, INC’S SERVED CLAIM
OF EXEMPTION
15 Defendants.
Date: May 8, 2024
16
Time: 3:00 p.m.
17 Dept.: 18
18
19
1 Edward McCutchan declare as follows:
20 1 Jam an attorney duly licensed to practice before all courts of the State of California,
al and a partner with Sunderland | McCutchan, LLP. My office and I represent defendants, Dale
22 Davis, Jim Nord, Lenora Fung, Bill Hing, Matthew Zdanck, Jacinda Duval, and Justin Poeng,
23 sued as DOE defendants in this action, Sonoma County Superior Court Case No, SCV-263456,
24 and have an interest in Sunderland | McCutchan, Inc. If called as a witness, I am competent to
25 testify to the following facts based upon my knowledge.
26 2. Richard Abel is a former client of Sunderland | McCutchan, LLP in Sonoma County
27 Superior Court Case No. SCV-245738, Liebling et. al. v. Goodrich et al. who filed the lawsuit in
28 propria persona in Sonoma County Superior Court Case No. SCV-263456.
DECLARATION OF EDWARD McCUTCHAN IN OPPOSITION TO RICHARD ABEL’S APRIL 24, 2024 FILED HEARING ON
SUNDERLAND | McCUTCHAN INC’S SERVED CLAIM OF EXEMPTION
1
‘ }
3. Sonoma County Superior Court Case No. SCV-263456 was settled on Tuesday, June
6, 2023 in a judicially supervised settlement under CCP section 664.6 before the Honorable Rene|
Chouteau, sitting in Department 18 of the Sonoma County Superior Court.
4 I was personally in attendance on Tuesday, June 6, 2023 in this judicially supervised
settlement under CCP section 664.6 before the Honorable Rene Chouteau sitting in Department
18 of the Sonoma County Superior Court concerning Sonoma County Superior Court Case No.
SCV-263456 on behalf of my clients stated in paragraph 1 above, as well as attorney, Joseph
Picchi, Richard Abel, and the Honorable Rene Chouteau.
5. Attached as Exhibit “1” is a true and correct copy of the reporter’s transcript from the
10 Tuesday, June 6, 2023 judicially supervised settlement under CCP section 664.6 before the
1. Honorable Rene Chouteau sitting in Department 18 of the Sonoma County Superior Court with
12 appropriate redactions to it.
13 6. The parties to the June 6, 2023 judicially supervised settlement in this action agreed
14 to waive all provisions of Civil Code section 1542 as to all claims known or unknown and that
i5 there would be no further claims made in regard to these underlying events. (Exhibit “1” page
16 5:1-10).
17 7. The judicially supervised settlement mandated a signed written agreement by all
18 parties and a dismissal of Sonoma County Superior Court Case No, SCV-263456 with prejudice,
19 (Exhibit “1” page 5: 18-21; 8517-21).
20 8. Attached as Exhibit “2” is a true and copy of Richard Abel’s June 9, 2023 signed and
a1
dated notice of settlement of the entire case in this action under the penalty of perjury where the
22 filed copy of Exhibit “2” was made on June 13, 2023. Judicial notice of this filing of June 13,
23 2023 is requested per California Evidence Code section 450 et seq.
24 9. The full settlement payment to Richard Abel in this action was paid months ago.
25
10. Attached hereto as Exhibit “3” is a true and correct copy of the settlement agreement
26 signed by myself, Richard Abel, and others in this action with appropriate redactions where
27 section 1.6 has a Civil Code section 1542 waiver and section 17 mandates that Sonoma County
28 Superior Court Case No, SCV-263456 would be dismissed with prejudice.
DECLARATION OF EDWARD McCUTCHAN IN OPPOSITION TO RICHARD ABEL'S APRIL 24, 2024 FILED HEARING ON
SUNDERLAND | McCUTCHAN INC'S SERVED CLAIM OF EXEMPTION
2
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11. As of the date of this declaration, I have not received a filed dismissal with prejudice
of Superior Court Case No. SCV-263456.
12. The Law Offices of Galloway, Lucchesse, Everson & Picchi, APC have filed a
motion under CCP section 664.6 and for monetary sanctions due to his refusal to file a dismissal
with ejudice as agreed to of this action per Exhibits “1,” “2,” and “3” attached hereto. The
hearing ite of this motion under CCP section 664.6 and for monetary sanctions against Richard
Abel is May\22, 2024 at 3:00 p.m. in Sonoma Cunty Superior Court Department 18.
13. I request that Richard Abel’s April 24, 2024 filed notice of hearing on claim of
exemption set for lay 8, 2024 at 3:00 p.m. in Sonoma County Superior Court, Department 18 to
10 address the issues raised in both filed motions at the same time on May 22, 2024.
11 14. Attached hereto as Exhibit “4” is a true and correct copy of the claim of exemption
12 bearing my April 12, 2024 signature served upon him, the Sonoma County Sheriff’s Office, and
13 others as to Richard Abel’s levy of a bank account of Sunderland | McCutchan, Inc. with
14 Exchange Bank.
15 15. In February 2024, Richard Abel served a subpoena upon Exchange Bank seeking
16 privileged banking information of Sunderland | McCutchan, Inc. via Sonoma County Superior
17 Court Case No. SCV-245738, Liebling et. al. v. Goodrich et al.
18 16. I filed a motion to quash the subpoena and for monetary sanctions against Richard
19
Abel in connection with his subpoena upon Exchange Bank seeking privileged banking
20 information of Sunderland | McCutchan, Inc. via Sonoma County Superior Court Case No. SCV-|
21 245738, Liebling et, al. v. Goodrich et al.
22 17. Hearing date was April Jf 2024, but the Honorable Bradford DeMeo recused himself
23 on the motion to quash Richard Abel’s subpoena on the Exchange Bank of Sunderland |
24 McCutchan, Inc.’s financial information. Judicial notice of all pleadings in Sonoma County
25 Superior Court Case No. SCV-245738, Liebling et. al. v. Goodrich et al, from January 1, 2024
26 under Evidence Code section 450 et seq, is requested.
27 18. Sunderland {| McCutchan, Inc’s, motion to quash Richard Abel’s subpoena on its bank|
28
accounts with Exchange Bank. has not been assigned to a new judge.
DECLARATION OF EDWARD McCUTCHAN IN OPPOSITION TO RICHARD ABEL’S APRIL 24, 2024 FILED HEARING ON
SUNDERLAND | McCUTCHAN INC’S SERVED CLAIM OF EXEMPTION
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19. I request that Sunderland | McCutchan, Inc’s motion to quash Richard Abel’s
subpoena on Sunderland | McCutchan, Inc.’s bank accounts with Exchange Bank and for
monetary sanctions against Richard Abel that has no pending hearing date that I know of, be set
for May 22, 2024 at 3:00 p.m. in Sonoma County Superior Court, Department 18 to address the
issues raised in the three filed motions at the same time.
I declare under the penalty of perjury, under the laws of the State of California, that
the above is true and correct to the best of my knowledge.
Dated: May _/ _,2024 SUNDERLAND | McCUTCHAN, LLP
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12
Edward Mc ‘cnan
Attorne ‘or Judgment Zreditors
13 DAL AVIS, J. NORD, JACINDA
DUW IG, LENORA VERNA
14
FUNG, [OSTIN PO. ENG, MATTHEW
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ZDANEK
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DECLARATION OF EDWARD McCUTCHAN IN OPPOSITION TO RICHARD ABEL’S APRIL 24, 2024 FILED HEARING ON
SUNDERLAND | McCUTCHAN INC’S SERVED CLAIM OF EXEMPTION
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EXHIBIT “1”
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SONOMA
DEPARTMENT 18 HON. RENE CHOUTEAU, JUDGE
RICHARD ABEL, an individual, )
Plaintiff,
CASE NO. SCV263456
vs.
B. EDWARD MCCUTCHAN, JR., an
individual;
SUNDERLAND/MCCUTCHAN, LLP, a)
general partnership, and DOES)
10 1 through 100, inclusive, )
}
1. Defendants. )
)
12
13
14 REPORTER'S REMOTE TRANSCRIPT OF PROCEEDINGS
15 TUESDAY, JUNE 6, 2023
16
17 APPEARANCES OF COUNSEL:
18 For Plaintiff:
RICHARD ABEL
19 IN PROPRIA PERSONA
P,O. Box 9301
20 Santa Rosa, California 95405
tpererel@qmail.com
21
22 For Defendants B. Edward GALLOWAY, LUCCHESE, EVERSON
McCutchan, oY.; Robert J. & PICCHI, APC
23 Sunderland; and Sunderland/ BY: JOSEPH 8S. PICCHI, ESQ.
McCutchan, LLP: 2300 Contra Costa Boulevard
24 Suite 350
Pleasant Hill, California
25 94523-2398
(925) 930-9090
26 jpicchi#glattys.com
27 TAMARA L. CARLSON, C.S.R. 12555
Official Reporter Pro Tempore
28 (APPEARANCES CONTINUED ON THE FOLLOWING PAGE)
” Page 1
Aiken Welch, A Veritext Company
510-451-1580
}
1 APPEARANCES (CONTINUED): SONOMA, CALIFORNIA (REMOTE); TUESDAY, JUNE 6, 2043
2 10:18 AM.
3 For Defendants, JIM SUNDERLAND MCCUTCHAN, LLP --00000--
NORD and DAIE DAVIS BY: EDWARD MCCUTCHAN, JR, ESQ.
4 1083 Vino Street
5 THE COURT: At this time I'm going to call
Suite 907
Healdsburg, California 95448. 6 SCV263456, Abel versus McCutchan.
(907)284-5527 7 And do both sides wish to state their
emecutchan@sunmelavy.com 8 appearances.
9 Mr. Abel?
10 MR. ABEL: Richard Abel, appearing as
HL self-represented Plaintiff.
to R THE COURT: Thank you.
u 3 MR. PICCHI: Joseph Piechi, appearing on
2
14 behalf of Mr, McCutchan and his law firm, Robert
13
4 15 Sunderland,
is 16 THE COURT; Thank you,
16 17 MR. MCCUTCHAN; And Edward McCutchan on behalf
a7 18 of the Doe defendants, Dale Davis, Justin Hone, Matt
18 19 Zandek, Bill Hing, Lenora Fong, and Wilsinda Duvall.
19 20 THE COURT: Thank you.
20 21 We have reached a resolution in this matter.
2 22 I'll state the terms at this time.
22 23 First ofall, Mr. Abel is to be paid
23
24 24 and the sanctions which have been awarded by the court
25 25 are vacated by the court at this time.
26 26 And there's also an agreoment that he does
27 27 need to pay them by the defendants,
28 28 ‘Mr. Abel is to dismiss this action, including
Page 2 Page 4
INDEX all defendants incfuding all Doe defendants. The
parties are to sign a mutual release and settlement
CHRONGLOGICAL AND ALPHABETICAL INDEX OF WI rpsses agreement in which the provisions of Civil Code 1542 are
NONE, to be waived, and I've explained to Mr. Abel that this
includes all claims known and unknown, There are to be
no further claims made in regard to these underlying
EXHIBITS events.
NONE OFFERED The settlement is to be enforced under
CCP 664.6, This means that if Mr. Abel is not paid,
19 10 that he may file a declaration with the court indicating
u i that with notice to the other side and the court will
n 12 enter a judgment on his settlement.
3 13 The settlement is to have a confidentiality
14 14 terms that neither party will discuss the settlement
15 15 with others and a non-disparagement clause so that
16 16 neither party will say bad things about the other party
7 17 in regard to these matters,
18 18 ‘The formal settlement is to be signed by the
19 19 parties, and Mr. Abel is fo provide a W-9 tax form to
20 20 Mr. Picchi so that the money can be paid.
21 21 Now, let me ask first, Mr. Abel, you've heard
22 22 the terms of the settlement.
23 23 Are you in agreement with them at this time?
24 24 MR. ABEL: Yes. Your Honor, 1 am,
25 25 But I do have one question.
26 26 THE COURT: Yes.
2 27 MR. ABEL: Is there a time frame or deadline
28 . 8 for this all to take place?
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510-451-1580
THE COURT: 1 did not put a formal deadline in MR, ABEL: Are the Doe defendants going to
the settlement. sign?
When is Mr, Abel's payback in this regard? MR. PICCHI: No, we didn't ask them to do
How long does it take? that. They're not really direct parties to the
MR. PICCHE Typically 30 to 45 days, settlement. He can sign on behalfof them.
‘THE COURT: So the money should be paid within MR. ABEL: But if I'm releasing my claims
30 to 45 days. against them, should they not be parties to this?
MR. PICCHI: So just to Mr. Abel is aware, we THE COURT: Well, they're appearing to their
will draft a release, which 1 don't know if you've put attorney who will sign the documents on their behalf.
10 as a provision and which you've read, but he is supposed 10 MR. PICCHI: Correct.
1 to sign a formal settlement agreement, which will have u MR. ABEL: Okay.
12 the ferns as you've outlined them, Judge. And 30 to 45 12 THE COURT: That's standard. If you had an
13 days from that, as soon as I get the signed retease, it 43 attorney, he would be signing on your behalf,
14 goes to the carrier along with your W-9, and they then 14 MR, ABEL: I'm just trying to make sure it's
15 process it, It could take 45 days, but typically it 1s binding. If the altomey's signature will bind them,
16 takes less. So that that's what we're looking at, 30 to 16 then that's fine.
17 45 days from the day we get the release signed, and 7 MR. MCCUTCHAN: And the last thing is all
18 we'll start working on that today, So hopefully we'll 18 heirs, successors, assigns, clients of Sunderland
19 have it to you by the end of the week. 19 McCutchan, LLP, are dismissed, released as part of this.
20 Does that give you a sense of where we are? 20 This thing is gone with prejudice where the carrier will
ai MR. ABEL: Yes. 2 take care of the funds,
MR, PICCHI: Two other things, Your Honor. 22 ‘THE COURT: Okay. So, Mr. Abel, you're in
‘This agreement to dismiss is with prejudice -~ 23 agreement with this? I think you said you are?
24 THE COURT: Correct, 24 MR. ABLE: Yes, lam, Your Honor,
25 MR. PICCHI: -- which I did not hear in -- 25 THE COURT: Let me ask of first Mr. McCutchan.
26 THE COURT: I did not say that, that but 26 You've heard the terms of the settlement.
27 thal's correct, 27 Are you in full agreement?
28 MR. PICCHI: Mr. Abel aiso needs to be advised 28 MR. MCCUTCHAN: Yes, and I agree for myself
Page 6 Page 8
1 that he needs to file and serve a notice of full and my Doe clients and also for the firm and
2 settlement of the entire case with the court so that Mr, Sunderland. 1 got the okay ina text.
3 everybody is on notice that that has happened. THE COURT: Thank you.
4 MR. ABEL: Is there a deadline for that to0? Then the settlement is confirmed, and is
5 MR. PICCHI: You should do it as soon as enforceable under 664.6 of the Code of Civil Procedure,
6 possible because we've settled the casé. It's a form, “ and I want to thank both sides for their participation.
7 and you can find it in the judicial forms. You just say Its been a very difficult case and very tong and
8 the case is settled and settled in its entirety and 8 involved case, and I appreciate your ability to finally
9 you've filed with the court, resolve it.
10 MR. ABEL: Okay. 10 Madam Court Reporter, I think you've done your
i MR. PICCHI: I think the judge will probably iM job, and Tappreciate it,
12 let everybody know that it has been settled, but you 12 MR, PICCHI: Yes, thank you for making.
13 still need to do that. That's the plaintiff's 13 yourself available on short notice,
14 responsibility. i4 THE COURT: All further hearings are vacated.
15 THE COURT: Anything else? 15 MR. PICCHI: No need for it. We've settled
16 MR. PICCHI: Is there anything else? I don't 16 the case. We'll send a notice of withdraw of the motion
17 think so, 17 for summary judgment once we get the notice of
18 Mr. McCutchan will also be signing the release 18 settlement of all parties.
19 too, and you'll be given a copy of that. Along with 19 THE COURT: And we'll be Abel to terminate the
20 that we will send fo you a copy of a request for 20 Zoom,
21 dismissal dismissing the entire case, which you can 21 (The proceedings concluded at 10:26 a.m.)
22 execute, We'll file and send you a filed endorsed copy 22 --00000--
23 once we get that back from the court. These are all 23
24 just routine paperwork to make sure the case is inactive 24
25 in the court and it stops. 2s
26 MR. ABEL: One more question, are all the 6
27 parties going to sign, or only you the attomeys? 27
28 . MR. ABLE: Just and you Mr. McCutchan, 28
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Aiken Welch, A Veritext Company
510-451-1580
}
lL SUPERIOR COURT OF THE STATE OF CALIFORNIA
INND FOR THE COUNTY OF SONOMA
HON. RENE CHOUTEAU, JUDGE,
3 RICHARD ABEL, an individual, }
)
6 Plaintiff, d
) CASE NO. SCV263456
7 vs, d
8 B. EDWARD MCCUTCHAN, JR, an)
individual, )
9. SUNDERLAND/MCCUTCHAN, LLP, a)
general partnership, snd DOES)
{0 | through £00, inclusive, )
)
i Defendants,
12
13
14 1, Tamara L. Carlson, CSR No. 12555, Certified
1s Shorthand Reporter of the State of California, do hereby
16 certify that the foregoing pages, 1 through 9, are a
” true and correct transcript ofthe proceedings held on
18 June 6, 2023, in the above-entitled cause,
19
20 Dated at Ventura, California this 26th day of
2b June, 2023.
22
B
a arcane Costison,
25 aegis a, Ca Woo ‘Wo, 12555
Official Reporter Pro Tempore
26
a
28
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Page 4
Aiken Welch, A Veritext Company
510-451-1580
EXHIBIT “2”
CM-200
JATTORNEY OR PARTY WITHOUT ATTORNEY (Nemo, Slate Bar number, and address): FOR GOURT USE ONLY
Richard Abel
12222 Cleveland Avenue #1002
Santa Rosa, CA 95403
TELEPHONE NO: (707) 340-3894 FAX HO, (Opttona}):
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name): Pro S@
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA
sTREET ADoREss: 600 Administration Drive, Room 107-J
MAILING ADDRESS:
lcrry aND zip cone: Santa Rosa, CA 95403-2878
BRANCH NAME: Civil - Department 18
PLAINTIFF/PETITIONER: Richard Abal
DEFENDANT/RESPONDENT; 8. Edward McCutchan, Jr. et.al.
‘CASE NUMBER:
SCV-263456
NOTICE OF SETTLEMENT OF ENTIRE CASE JUDGE: GC, Honigsberg
DEPT. 18
NOTICE TO PLAINTIFF OR OTHER PARTY SEEKING RELIEF
You must file a request for dismissal of the entire case within 45 days alter the dale of the settlement if the settlement is
unconditional. You must file a dismissal of the entire case within 45 days after the date specified In Item 1b below if the settlement
is conditional. Unless you file a dismissal within the required time or have shown good cause before the time for dismissal has
expired why the case should not be dismissed, the court will dismiss the entire casa,
To the court, all parties, and any arbitrator or other court-connected ADR neutral Involved In this case:
4 This entire case has been sellled. The setilement is:
a, [__] Unconditional. A request for dismissal will be filed within 45 days after the dale of the settlement.
Date of settlement:
b. [DC] Conditional. The settlement agreement conditions dismissal of this matter on the satisfactory completion of
specified terms that are not to he performed within 45 days of the date of the settlement. A request for dismissal will
be filed no later than (date): January 5, 2024
2. Date initiat pleading filed: November 2, 2018
3, Next scheduled hearing or conference:
a. Purpose: Note: The Court retains jurisdiction pursuant to CCP 664.6 to enforce settlement.
b. [-_] (4) Date: none set at this time
(2) Time:
(3) Department:
4. Trial date:
a. [_] Notrial date set.
b. (1) Date: January
5, 2024
(2) Time: 8 a.m.
(3) Department: 18
| declare under penalty of perjury under the laws of the State of California that the foregoing Is true and correct.
Date: June 9, 2023
Richard Abel
» (tik Ohef
{TYPE OR PRINT NAME OF ATTORNEY _[_& | PARTY WITHOUT ATTORNEY) (SIGNATURE)
Page tof
Form Adopted far Mandatory Use Gal. Riles of Gout, rule 3.1385
Judletst Counct of Galil NOTICE OF SETTLEMENT OF ENTIRE CASE winw.courts.cB.gov
GM-200 [Rov, Jonuary 1, 2007]
CM-200
PLAINTIFF/PETITIONER: Richard Abet ‘CASE NUMBER:
DEFENDANT/RESPONDENT: 8B. Edward MeCutchan, Jr. et.al. SCV-263456
PROOF OF SERVICE BY FIRST-CLASS MAIL
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, LENORA VERNA FUNG, JUSTIN POENG, MATTHEW ZDANEK. IN THE SUPERIOR COURT OF CALIFORNIA COUNTY OF SONOMA — UNLIMITED JURISDICTION 10 Richard Abel, CASE NO. SCV-263456 iL Plaintiff, DECLARATION OF EDWARD 12 McCUTCHAN IN OPPOSITION TO VS. RICHARD ABEL’S APRIL 24, 2024 13 FILED HEARING RE SUNDERLAND | 14 B. Edward McCutchan, Jr., et. al. McCUTCHAN, INC’S SERVED CLAIM OF EXEMPTION 15 Defendants. Date: May 8, 2024 16 Time: 3:00 p.m. 17 Dept.: 18 18 19 1 Edward McCutchan declare as follows: 20 1 Jam an attorney duly licensed to practice before all courts of the State of California, al and a partner with Sunderland | McCutchan, LLP. My office and I represent defendants, Dale 22 Davis, Jim Nord, Lenora Fung, Bill Hing, Matthew Zdanck, Jacinda Duval, and Justin Poeng, 23 sued as DOE defendants in this action, Sonoma County Superior Court Case No, SCV-263456, 24 and have an interest in Sunderland | McCutchan, Inc. If called as a witness, I am competent to 25 testify to the following facts based upon my knowledge. 26 2. Richard Abel is a former client of Sunderland | McCutchan, LLP in Sonoma County 27 Superior Court Case No. SCV-245738, Liebling et. al. v. Goodrich et al. who filed the lawsuit in 28 propria persona in Sonoma County Superior Court Case No. SCV-263456. DECLARATION OF EDWARD McCUTCHAN IN OPPOSITION TO RICHARD ABEL’S APRIL 24, 2024 FILED HEARING ON SUNDERLAND | McCUTCHAN INC’S SERVED CLAIM OF EXEMPTION 1 ‘ } 3. Sonoma County Superior Court Case No. SCV-263456 was settled on Tuesday, June 6, 2023 in a judicially supervised settlement under CCP section 664.6 before the Honorable Rene| Chouteau, sitting in Department 18 of the Sonoma County Superior Court. 4 I was personally in attendance on Tuesday, June 6, 2023 in this judicially supervised settlement under CCP section 664.6 before the Honorable Rene Chouteau sitting in Department 18 of the Sonoma County Superior Court concerning Sonoma County Superior Court Case No. SCV-263456 on behalf of my clients stated in paragraph 1 above, as well as attorney, Joseph Picchi, Richard Abel, and the Honorable Rene Chouteau. 5. Attached as Exhibit “1” is a true and correct copy of the reporter’s transcript from the 10 Tuesday, June 6, 2023 judicially supervised settlement under CCP section 664.6 before the 1. Honorable Rene Chouteau sitting in Department 18 of the Sonoma County Superior Court with 12 appropriate redactions to it. 13 6. The parties to the June 6, 2023 judicially supervised settlement in this action agreed 14 to waive all provisions of Civil Code section 1542 as to all claims known or unknown and that i5 there would be no further claims made in regard to these underlying events. (Exhibit “1” page 16 5:1-10). 17 7. The judicially supervised settlement mandated a signed written agreement by all 18 parties and a dismissal of Sonoma County Superior Court Case No, SCV-263456 with prejudice, 19 (Exhibit “1” page 5: 18-21; 8517-21). 20 8. Attached as Exhibit “2” is a true and copy of Richard Abel’s June 9, 2023 signed and a1 dated notice of settlement of the entire case in this action under the penalty of perjury where the 22 filed copy of Exhibit “2” was made on June 13, 2023. Judicial notice of this filing of June 13, 23 2023 is requested per California Evidence Code section 450 et seq. 24 9. The full settlement payment to Richard Abel in this action was paid months ago. 25 10. Attached hereto as Exhibit “3” is a true and correct copy of the settlement agreement 26 signed by myself, Richard Abel, and others in this action with appropriate redactions where 27 section 1.6 has a Civil Code section 1542 waiver and section 17 mandates that Sonoma County 28 Superior Court Case No, SCV-263456 would be dismissed with prejudice. DECLARATION OF EDWARD McCUTCHAN IN OPPOSITION TO RICHARD ABEL'S APRIL 24, 2024 FILED HEARING ON SUNDERLAND | McCUTCHAN INC'S SERVED CLAIM OF EXEMPTION 2 }} 11. As of the date of this declaration, I have not received a filed dismissal with prejudice of Superior Court Case No. SCV-263456. 12. The Law Offices of Galloway, Lucchesse, Everson & Picchi, APC have filed a motion under CCP section 664.6 and for monetary sanctions due to his refusal to file a dismissal with ejudice as agreed to of this action per Exhibits “1,” “2,” and “3” attached hereto. The hearing ite of this motion under CCP section 664.6 and for monetary sanctions against Richard Abel is May\22, 2024 at 3:00 p.m. in Sonoma Cunty Superior Court Department 18. 13. I request that Richard Abel’s April 24, 2024 filed notice of hearing on claim of exemption set for lay 8, 2024 at 3:00 p.m. in Sonoma County Superior Court, Department 18 to 10 address the issues raised in both filed motions at the same time on May 22, 2024. 11 14. Attached hereto as Exhibit “4” is a true and correct copy of the claim of exemption 12 bearing my April 12, 2024 signature served upon him, the Sonoma County Sheriff’s Office, and 13 others as to Richard Abel’s levy of a bank account of Sunderland | McCutchan, Inc. with 14 Exchange Bank. 15 15. In February 2024, Richard Abel served a subpoena upon Exchange Bank seeking 16 privileged banking information of Sunderland | McCutchan, Inc. via Sonoma County Superior 17 Court Case No. SCV-245738, Liebling et. al. v. Goodrich et al. 18 16. I filed a motion to quash the subpoena and for monetary sanctions against Richard 19 Abel in connection with his subpoena upon Exchange Bank seeking privileged banking 20 information of Sunderland | McCutchan, Inc. via Sonoma County Superior Court Case No. SCV-| 21 245738, Liebling et, al. v. Goodrich et al. 22 17. Hearing date was April Jf 2024, but the Honorable Bradford DeMeo recused himself 23 on the motion to quash Richard Abel’s subpoena on the Exchange Bank of Sunderland | 24 McCutchan, Inc.’s financial information. Judicial notice of all pleadings in Sonoma County 25 Superior Court Case No. SCV-245738, Liebling et. al. v. Goodrich et al, from January 1, 2024 26 under Evidence Code section 450 et seq, is requested. 27 18. Sunderland {| McCutchan, Inc’s, motion to quash Richard Abel’s subpoena on its bank| 28 accounts with Exchange Bank. has not been assigned to a new judge. DECLARATION OF EDWARD McCUTCHAN IN OPPOSITION TO RICHARD ABEL’S APRIL 24, 2024 FILED HEARING ON SUNDERLAND | McCUTCHAN INC’S SERVED CLAIM OF EXEMPTION 3 \3 19. I request that Sunderland | McCutchan, Inc’s motion to quash Richard Abel’s subpoena on Sunderland | McCutchan, Inc.’s bank accounts with Exchange Bank and for monetary sanctions against Richard Abel that has no pending hearing date that I know of, be set for May 22, 2024 at 3:00 p.m. in Sonoma County Superior Court, Department 18 to address the issues raised in the three filed motions at the same time. I declare under the penalty of perjury, under the laws of the State of California, that the above is true and correct to the best of my knowledge. Dated: May _/ _,2024 SUNDERLAND | McCUTCHAN, LLP 10 11 (Lex Als 22} CI “ 12 Edward Mc ‘cnan Attorne ‘or Judgment Zreditors 13 DAL AVIS, J. NORD, JACINDA DUW IG, LENORA VERNA 14 FUNG, [OSTIN PO. ENG, MATTHEW is ZDANEK 16 a7 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF EDWARD McCUTCHAN IN OPPOSITION TO RICHARD ABEL’S APRIL 24, 2024 FILED HEARING ON SUNDERLAND | McCUTCHAN INC’S SERVED CLAIM OF EXEMPTION 4 y , id EXHIBIT “1” SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SONOMA DEPARTMENT 18 HON. RENE CHOUTEAU, JUDGE RICHARD ABEL, an individual, ) Plaintiff, CASE NO. SCV263456 vs. B. EDWARD MCCUTCHAN, JR., an individual; SUNDERLAND/MCCUTCHAN, LLP, a) general partnership, and DOES) 10 1 through 100, inclusive, ) } 1. Defendants. ) ) 12 13 14 REPORTER'S REMOTE TRANSCRIPT OF PROCEEDINGS 15 TUESDAY, JUNE 6, 2023 16 17 APPEARANCES OF COUNSEL: 18 For Plaintiff: RICHARD ABEL 19 IN PROPRIA PERSONA P,O. Box 9301 20 Santa Rosa, California 95405 tpererel@qmail.com 21 22 For Defendants B. Edward GALLOWAY, LUCCHESE, EVERSON McCutchan, oY.; Robert J. & PICCHI, APC 23 Sunderland; and Sunderland/ BY: JOSEPH 8S. PICCHI, ESQ. McCutchan, LLP: 2300 Contra Costa Boulevard 24 Suite 350 Pleasant Hill, California 25 94523-2398 (925) 930-9090 26 jpicchi#glattys.com 27 TAMARA L. CARLSON, C.S.R. 12555 Official Reporter Pro Tempore 28 (APPEARANCES CONTINUED ON THE FOLLOWING PAGE) ” Page 1 Aiken Welch, A Veritext Company 510-451-1580 } 1 APPEARANCES (CONTINUED): SONOMA, CALIFORNIA (REMOTE); TUESDAY, JUNE 6, 2043 2 10:18 AM. 3 For Defendants, JIM SUNDERLAND MCCUTCHAN, LLP --00000-- NORD and DAIE DAVIS BY: EDWARD MCCUTCHAN, JR, ESQ. 4 1083 Vino Street 5 THE COURT: At this time I'm going to call Suite 907 Healdsburg, California 95448. 6 SCV263456, Abel versus McCutchan. (907)284-5527 7 And do both sides wish to state their emecutchan@sunmelavy.com 8 appearances. 9 Mr. Abel? 10 MR. ABEL: Richard Abel, appearing as HL self-represented Plaintiff. to R THE COURT: Thank you. u 3 MR. PICCHI: Joseph Piechi, appearing on 2 14 behalf of Mr, McCutchan and his law firm, Robert 13 4 15 Sunderland, is 16 THE COURT; Thank you, 16 17 MR. MCCUTCHAN; And Edward McCutchan on behalf a7 18 of the Doe defendants, Dale Davis, Justin Hone, Matt 18 19 Zandek, Bill Hing, Lenora Fong, and Wilsinda Duvall. 19 20 THE COURT: Thank you. 20 21 We have reached a resolution in this matter. 2 22 I'll state the terms at this time. 22 23 First ofall, Mr. Abel is to be paid 23 24 24 and the sanctions which have been awarded by the court 25 25 are vacated by the court at this time. 26 26 And there's also an agreoment that he does 27 27 need to pay them by the defendants, 28 28 ‘Mr. Abel is to dismiss this action, including Page 2 Page 4 INDEX all defendants incfuding all Doe defendants. The parties are to sign a mutual release and settlement CHRONGLOGICAL AND ALPHABETICAL INDEX OF WI rpsses agreement in which the provisions of Civil Code 1542 are NONE, to be waived, and I've explained to Mr. Abel that this includes all claims known and unknown, There are to be no further claims made in regard to these underlying EXHIBITS events. NONE OFFERED The settlement is to be enforced under CCP 664.6, This means that if Mr. Abel is not paid, 19 10 that he may file a declaration with the court indicating u i that with notice to the other side and the court will n 12 enter a judgment on his settlement. 3 13 The settlement is to have a confidentiality 14 14 terms that neither party will discuss the settlement 15 15 with others and a non-disparagement clause so that 16 16 neither party will say bad things about the other party 7 17 in regard to these matters, 18 18 ‘The formal settlement is to be signed by the 19 19 parties, and Mr. Abel is fo provide a W-9 tax form to 20 20 Mr. Picchi so that the money can be paid. 21 21 Now, let me ask first, Mr. Abel, you've heard 22 22 the terms of the settlement. 23 23 Are you in agreement with them at this time? 24 24 MR. ABEL: Yes. Your Honor, 1 am, 25 25 But I do have one question. 26 26 THE COURT: Yes. 2 27 MR. ABEL: Is there a time frame or deadline 28 . 8 for this all to take place? Page 3 Page 5 2 (Pages 2 - 5) Aiken Welch, A Veritext Company 510-451-1580 THE COURT: 1 did not put a formal deadline in MR, ABEL: Are the Doe defendants going to the settlement. sign? When is Mr, Abel's payback in this regard? MR. PICCHI: No, we didn't ask them to do How long does it take? that. They're not really direct parties to the MR. PICCHE Typically 30 to 45 days, settlement. He can sign on behalfof them. ‘THE COURT: So the money should be paid within MR. ABEL: But if I'm releasing my claims 30 to 45 days. against them, should they not be parties to this? MR. PICCHI: So just to Mr. Abel is aware, we THE COURT: Well, they're appearing to their will draft a release, which 1 don't know if you've put attorney who will sign the documents on their behalf. 10 as a provision and which you've read, but he is supposed 10 MR. PICCHI: Correct. 1 to sign a formal settlement agreement, which will have u MR. ABEL: Okay. 12 the ferns as you've outlined them, Judge. And 30 to 45 12 THE COURT: That's standard. If you had an 13 days from that, as soon as I get the signed retease, it 43 attorney, he would be signing on your behalf, 14 goes to the carrier along with your W-9, and they then 14 MR, ABEL: I'm just trying to make sure it's 15 process it, It could take 45 days, but typically it 1s binding. If the altomey's signature will bind them, 16 takes less. So that that's what we're looking at, 30 to 16 then that's fine. 17 45 days from the day we get the release signed, and 7 MR. MCCUTCHAN: And the last thing is all 18 we'll start working on that today, So hopefully we'll 18 heirs, successors, assigns, clients of Sunderland 19 have it to you by the end of the week. 19 McCutchan, LLP, are dismissed, released as part of this. 20 Does that give you a sense of where we are? 20 This thing is gone with prejudice where the carrier will ai MR. ABEL: Yes. 2 take care of the funds, MR, PICCHI: Two other things, Your Honor. 22 ‘THE COURT: Okay. So, Mr. Abel, you're in ‘This agreement to dismiss is with prejudice -~ 23 agreement with this? I think you said you are? 24 THE COURT: Correct, 24 MR. ABLE: Yes, lam, Your Honor, 25 MR. PICCHI: -- which I did not hear in -- 25 THE COURT: Let me ask of first Mr. McCutchan. 26 THE COURT: I did not say that, that but 26 You've heard the terms of the settlement. 27 thal's correct, 27 Are you in full agreement? 28 MR. PICCHI: Mr. Abel aiso needs to be advised 28 MR. MCCUTCHAN: Yes, and I agree for myself Page 6 Page 8 1 that he needs to file and serve a notice of full and my Doe clients and also for the firm and 2 settlement of the entire case with the court so that Mr, Sunderland. 1 got the okay ina text. 3 everybody is on notice that that has happened. THE COURT: Thank you. 4 MR. ABEL: Is there a deadline for that to0? Then the settlement is confirmed, and is 5 MR. PICCHI: You should do it as soon as enforceable under 664.6 of the Code of Civil Procedure, 6 possible because we've settled the casé. It's a form, “ and I want to thank both sides for their participation. 7 and you can find it in the judicial forms. You just say Its been a very difficult case and very tong and 8 the case is settled and settled in its entirety and 8 involved case, and I appreciate your ability to finally 9 you've filed with the court, resolve it. 10 MR. ABEL: Okay. 10 Madam Court Reporter, I think you've done your i MR. PICCHI: I think the judge will probably iM job, and Tappreciate it, 12 let everybody know that it has been settled, but you 12 MR, PICCHI: Yes, thank you for making. 13 still need to do that. That's the plaintiff's 13 yourself available on short notice, 14 responsibility. i4 THE COURT: All further hearings are vacated. 15 THE COURT: Anything else? 15 MR. PICCHI: No need for it. We've settled 16 MR. PICCHI: Is there anything else? I don't 16 the case. We'll send a notice of withdraw of the motion 17 think so, 17 for summary judgment once we get the notice of 18 Mr. McCutchan will also be signing the release 18 settlement of all parties. 19 too, and you'll be given a copy of that. Along with 19 THE COURT: And we'll be Abel to terminate the 20 that we will send fo you a copy of a request for 20 Zoom, 21 dismissal dismissing the entire case, which you can 21 (The proceedings concluded at 10:26 a.m.) 22 execute, We'll file and send you a filed endorsed copy 22 --00000-- 23 once we get that back from the court. These are all 23 24 just routine paperwork to make sure the case is inactive 24 25 in the court and it stops. 2s 26 MR. ABEL: One more question, are all the 6 27 parties going to sign, or only you the attomeys? 27 28 . MR. ABLE: Just and you Mr. McCutchan, 28 Page? Page 9 3 (Pages 6 - 9) Aiken Welch, A Veritext Company 510-451-1580 } lL SUPERIOR COURT OF THE STATE OF CALIFORNIA INND FOR THE COUNTY OF SONOMA HON. RENE CHOUTEAU, JUDGE, 3 RICHARD ABEL, an individual, } ) 6 Plaintiff, d ) CASE NO. SCV263456 7 vs, d 8 B. EDWARD MCCUTCHAN, JR, an) individual, ) 9. SUNDERLAND/MCCUTCHAN, LLP, a) general partnership, snd DOES) {0 | through £00, inclusive, ) ) i Defendants, 12 13 14 1, Tamara L. Carlson, CSR No. 12555, Certified 1s Shorthand Reporter of the State of California, do hereby 16 certify that the foregoing pages, 1 through 9, are a ” true and correct transcript ofthe proceedings held on 18 June 6, 2023, in the above-entitled cause, 19 20 Dated at Ventura, California this 26th day of 2b June, 2023. 22 B a arcane Costison, 25 aegis a, Ca Woo ‘Wo, 12555 Official Reporter Pro Tempore 26 a 28 Page 10 4 (Page 10) Aiken Welch, A Veritext Company 510-451-1580 [& - court] & 7 ape 1:22 earrier 6:14 & 1:22 707 2:5 appearances 8:20 1:17,28 2:1 4:8 ease 1:6 7:2,6,8 1 9 appearing 4:10 7:21,24 9:7,8 1 1:10 10:10,16 9 5:19 6:14 4:13 8:8 9:16 10:6 100 1:10 10:10 10:16 appreciate 9:8 cause 10:18 1083 2:4 907 2:4 O11 cep 5:9 10:18 4:2 925 1:25 assigns 8:18 certified 10:14 10:26 9:21 930-9090 1:25 attorney 8:9,13 certify 10:16 12555 1:27 9301 1:19 attorney's 8:15 chouteau 1:4 10:14,25 94523-2398 attorneys 7:27 10:4 1542 5:33 1:25 available 9:13 chronological 18 1:4 95405 1:20 awarded 4:24 3:3 2 95448 2:5 aware 6:8 civil 5:3 9:5 2023 1:15 4:1 a b claims 5:5,6 8:6 10:18,21 am, 4:29:21 b 1:8,22 10:8 clause 5:15 23,000 4:23 abel 1:5,18 4:6 back 7:23 clients 8:18 9:1 2300 = 1:23 4:9,10,10,23,28 bad 5:16 code 5:3 9:5 26th 10:20 5:4,9,19,21,24 behalf 4:14,17 concluded 9:21 284-5527 2:5 5:27 6:8,21,28 8:5,9,13 confidentiality 3 7:4,10,26 8:1,6 bill 4:19 5:13 30 6:5,7,12,16 8:11,14,22 bind 8:15 confirmed 9:4 9:19 10:5 continued 1:28 350 1:24 binding 8:15 abel's 6:3 2:1 4 boulevard § 1:23 ability 9:8 box 1:19 contra 1:23 45 6:5,7,12,15 able 7:28 8:24 copy 7:19,20,22 c 6:17 above 10:18 correct 6:24,27 csS.r. 1:27 8:10 10:17 6 action 4:28 advised 6:28 california 1:1 costa 1:23 6 1:15 4:1 1:20,24 2:5 4:1 agree 8:28 counsel 1:17 10:18 10:1,15,20 agreement 4:26 county 1:2 10:2 664.6 9:5 call 4:5 664.6. 5:9 §:3,23 6:11,23 court 1:1 4:5 6898 10:24 8:23,27 care 8:21 4:12,16,20,24 alphabetical carlson 1:27 4:25 5:10,11 3:3 10:14,25 5:26 6:1,6,24 Page | Aiken Welch, A Veritext Company 510-451-1580 } [court - june] 6:26 7:2,9,15 draft 6:9 fong 4:19 hing 4:19 7:23,25 8:8,12 duvall 4:19 foregoing hon 1:4 10:4 8:22,25 9:3,10 e 10:16 hone 4:18 9:14,19 10:1 form 5:19 7:6 honor 5:24 e 3:1 esr 10:14,25 formal 5:18 6:1 6:22 8:24 edward 1:8,22 d 6:11 hopefully 6:18 2:3 4:17 10:8 forms 7:7 i d 3:1 emecutchan frame 5:27 dale 2:3 4:18 2:6 inactive 7:24 full 7:1 8:27 dated 10:20 endorsed 7:22 includes 5:5 funds 8:21 davis 2:3 4:18 enforceable 9:5 including 4:28 further 5:6 day 6:17 10:20 enforced 5:8 Sil 9:14 days 6:5,7,13 enter 5:12 inclusive 1:10 6:15,17 entire 7:2,21 g 10:10 deadline 5:27 entirety 7:8 galloway 1:22 index 3:3 6:1 7:4 entitled 10:18 general 1:9 indicating 5:10 declaration esq 1:23 2:3 10:9 individual 1:5 5:10 events 5:7 give 6:20 1:8 10:5,8 defendants everson 1:22 given 7:19 involved 9:8 1:11,22 2:3 everybody 7:3 glattys.com J 4:18,27 5:1,1 TAQ 1:26 j 1:22 8:1 10:11 execute 7:22 gmail.com 1:20 jim 2:3 department 1:4 exhibits 3:7 goes 6:14 job 9:11 difficult 9:7 explained 5:4 going 4:5 7:27 joseph 1:23 direct 8:4 f 8:1 4:13 discuss 5:14 h file 5:10 7:1,22 jpicchi 1:26 dismiss 4:28 filed 7:9,22 happened 7:3 jr 1:8,22 2:3 6:23 finally 9:8 healdsburg 2:5 10:8 dismissal 7:21 find 7:7 hear 6:25 judge 1:46:12 dismissed 8:19 fine 8:16 heard 5:21 8:26 7:1 10:4 dismissing 7:21 firm 4:149:1 hearings 9:14 judgment 5:12 disparagement first 4:23 5:21 heirs 8:18 9:17 5:15 8:25 held 10:17 judicial 7:7 documents 8:9 following 1:28 hill 1:24 june 1:15 4:1 doe 4:18 5:1 10:18,21 8:1 9:1 Page 2 Aiken Welch, A Veritext Company 510-451-1580 ) [justin - s] justin 4:18 n partnership q k n 3:1 1:9 10:9 question 5:25 know 6:97:12 nd 10:2 party 5:14,16 7:26 known 5:5 need 4:27 7:13 5:16 r OAS pay 4:27 1 reached 4:21 needs 6:28 7:1 payback 6:3 1 1:27 10:14,25 pererel 1:20 read 6:10 neither 5:14,16 Taw 4:14 persona 1:19 really 8:4 non 5:15 Ienora 4:19 picchi 1:22,23 regard 5:6,17 nord 2:3 Hp = 1:9,23 2:3 4:13,13 5:20 6:3 notice 5:11 7:1 8:19 10:9 7:3 9:13,16,17 6:5,8,22,25,28 release 5:2 6:9 long 6:4 9:7 7:5,11,16 8:3 6:13,17 7:18 looking 6:16 0 released 8:19 8:10 9:12,15 lucchese 1:22 offered 3:8 place 5:28 releasing 8:6 m official 1:27 plaintiff 1:6,18 remote 1:14 4:1 10:25 4:11 10:6 rene 1:4 10:4 madam 9:10 okay 7:10 8:11 plaintiff's 7:13 reporter 1:27 made 5:6 make 7:24 8:14 8:22 9:2 pleasant 1:24 9:10 10:15,25 once 7:23 9:17 possible 7:6 reporter's 1:14 making 9:12 00000 4:3 prejudice 6:23 represented matt 4:18 ut 00960 9:22 8:20 4:11 matter 4:21 outlined 6:12 pro 1:27 10:25 request 7:20 matters 5:17 p probably 7:11 resolution 4:21 mecutchan 1:8 resolve 9:9 1:9,22,23 2:3,3 p.o. 1:19 procedure 9:5 proceedings responsibility 4:6,14,17,17 page 1:28 1:14 9:21 7:14 7:18,28 8:17 pages [0:16 10:17 richard §1:5,18 8:19,25,28 paid 4:23 5:9 5:20 6:6 process 6:15 4:10 10:5 10:8,9 propria 1:19 robert 1:22 means 5:9 paperwork provide 5:19 4:14 money 5:20 6:6 7:24 provision 6:10 rosa 1:20 motion 9:16 part 8:19 provisions 5:3 routine 7:24 mutual 5:2 participation 9:6 put 6:1,9 s parties 5:2,19 s 1:23 7:27 8:4,7 9:18 Page 3 Aiken Welch, A Veritext Company 510-451-1580 ‘) [sanctions - zoom] sanctions 4:24 stops 7:25 time 4:5,22,25 santa 1:20 street 2:4 5:23,27 x 3:1 scv263456 1:6 successors 8:18 today 6:18 Z 4:6 10:6 suite 1:24 2:4 transcript 1:14 self 4:11 summary 9:17 10:17 zandek 4:19 send 7:20,22 sunderland 1:9 true 10:17 zoom 9:20 9:16 1:23,23 2:3 trying 8:14 sense 6:20 4:15 8:18 9:2 tuesday 1:15 serve 7:1 10:9 41 settled 7:6,8,8 sunmclaw.com two 6:22 7:12 945 2:6 typically 6:5,15 settlement 5:2 superior 1:1 u 5:8,12,13,14,18 10:1 under 5:8 9:5 §:22 6:2,11 7:2 supposed 6:10 underlying 5:6 8:5,26 9:4,18 sure 7:24 8:14 unknown 5:5 short 9:13 t v shorthand take 5:28 6:4 10:15 vacated 4:25 6:15 8:21 side 5:11 9:14 takes 6:16 sides 4:7 9:6 ventura 10:20 tamara 1:27 sign 5:26:11 versus 4:6 10:14,25 7:27 8:2,5,9 tax 5:19 vine 2:4 signature 8:15 vs 1:710:7 tempore 1:27 10:24 w 10:25 signed 5:18 w 5:19 6:14 terminate 9:19 6:13,17 terms 4:22 5:14 waived 5:4 signing 7:18 want 9:6 5:22 6:12 8:26 8:13 we've 7:69:15 text 9:2 sonoma 1:2 4:1 week 6:19 thank 4:12,16 10:2 4:20 9:3,6,12 wilsinda 4:19 soon 6:13 7:5 wish 4:7 thing 8:17,20 standard 8:12 withdraw 9:16 things 5:16 start 6:18 witnesses 3:3 6:22 state 1:1 4:7,22 working 6:18 think 7:11,17 10:1,15 8:23 9:10 - Page 4 Aiken Welch, A Veritext Company 510-451-1580 EXHIBIT “2” CM-200 JATTORNEY OR PARTY WITHOUT ATTORNEY (Nemo, Slate Bar number, and address): FOR GOURT USE ONLY Richard Abel 12222 Cleveland Avenue #1002 Santa Rosa, CA 95403 TELEPHONE NO: (707) 340-3894 FAX HO, (Opttona}): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): Pro S@ SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA sTREET ADoREss: 600 Administration Drive, Room 107-J MAILING ADDRESS: lcrry aND zip cone: Santa Rosa, CA 95403-2878 BRANCH NAME: Civil - Department 18 PLAINTIFF/PETITIONER: Richard Abal DEFENDANT/RESPONDENT; 8. Edward McCutchan, Jr. et.al. ‘CASE NUMBER: SCV-263456 NOTICE OF SETTLEMENT OF ENTIRE CASE JUDGE: GC, Honigsberg DEPT. 18 NOTICE TO PLAINTIFF OR OTHER PARTY SEEKING RELIEF You must file a request for dismissal of the entire case within 45 days alter the dale of the settlement if the settlement is unconditional. You must file a dismissal of the entire case within 45 days after the date specified In Item 1b below if the settlement is conditional. Unless you file a dismissal within the required time or have shown good cause before the time for dismissal has expired why the case should not be dismissed, the court will dismiss the entire casa, To the court, all parties, and any arbitrator or other court-connected ADR neutral Involved In this case: 4 This entire case has been sellled. The setilement is: a, [__] Unconditional. A request for dismissal will be filed within 45 days after the dale of the settlement. Date of settlement: b. [DC] Conditional. The settlement agreement conditions dismissal of this matter on the satisfactory completion of specified terms that are not to he performed within 45 days of the date of the settlement. A request for dismissal will be filed no later than (date): January 5, 2024 2. Date initiat pleading filed: November 2, 2018 3, Next scheduled hearing or conference: a. Purpose: Note: The Court retains jurisdiction pursuant to CCP 664.6 to enforce settlement. b. [-_] (4) Date: none set at this time (2) Time: (3) Department: 4. Trial date: a. [_] Notrial date set. b. (1) Date: January 5, 2024 (2) Time: 8 a.m. (3) Department: 18 | declare under penalty of perjury under the laws of the State of California that the foregoing Is true and correct. Date: June 9, 2023 Richard Abel » (tik Ohef {TYPE OR PRINT NAME OF ATTORNEY _[_& | PARTY WITHOUT ATTORNEY) (SIGNATURE) Page tof Form Adopted far Mandatory Use Gal. Riles of Gout, rule 3.1385 Judletst Counct of Galil NOTICE OF SETTLEMENT OF ENTIRE CASE winw.courts.cB.gov GM-200 [Rov, Jonuary 1, 2007] CM-200 PLAINTIFF/PETITIONER: Richard Abet ‘CASE NUMBER: DEFENDANT/RESPONDENT: 8B. Edward MeCutchan, Jr. et.al. SCV-263456 PROOF OF SERVICE BY FIRST-CLASS MAIL