Preview
1 DAVID R. GRIFFITH, ESQ. (SBN - 170172)
JAMESON E.p. SHEEHAN, ESQ. (SBN -327287)
2 GRIFFITH HORN & SHEEHAN, LLP
1530 Humboldt Road, Suite 3
a
J Chico, California 95928 3/19/2021
Telephone: (530) 812-1000
4 Emai I : dav id@davidgriffrthlaw. com
5 Attorneys for Respondent,
LAURIE NORTON
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF BUTTE
10 MARC BRUSIE; and JANICE BRUSIE, Case No. 21CV00460
11 Petitioners, RESPONSE TO PETITION
T2 V Hearing Date: March 24, 2021
Time: 9:00 a.m.
13 LAURIE NORTON, Dept.: TBA
I4 Respondent.
15
l6 Respondent LAURIE NORTON responds to the Petition of MARC BRUSIE and JANICE
l7 BRUSIE as follows:
l8 This case arises from an April 2020 construction contract for the building of a single family
T9 custom home by Respondent NORTON for the BRUSIES at 11 Stoney Meadows Terrace, Chico,
20 California for $1,084,950.00. fsee Norton decl. !l 1]
2t NORTON acted as the contractor of record for the BRUSIE project and building permit,
22 spent considerable time doing the project planning, sourcing of materials, coordinating of
23 subcontractors, and turned awayother construction projects to tend to and stand readyto perform
24 the BRUSIE project which was contracted to be completed by April 25,2021. fsee Norton decl. fl
25 2l
26 In the fall2020, the BRUSIES had the gtound work and pad for the structure performed by
27 third parties Bryan Graves and Steve Boggs and sought to breach and cancel their construction
28 contract with Respondent NORTON. [see Norton decl. fl 3]
7
to
I Respondent NORTON filed the subject Mechanics Lien on December I,2020. fsee Norton
2 decl. fl 4l
J On December 16, 2020, counsel for the BRUSIES sent a notice to Respondent to release
4 the lien. [see Norton decl. fl 5]
5 At the time, Respondent was in settlement discussions with the BRUSIES to resolve the
6 dispute with an offer to compromise the claims for the sum of $5,000.00 and a release from the
7 BRUSIE for the project. [see Norton decl. fl 6]
8 It was hoped by the Respondent that the dispute would have settled with such discussions
9 and therefore Respondent did not file an action to enforce the Mechanics Lien. But for the
10 settlement discussions being had with the BRUSIES, Respondent would have filed an action to
11 enforce the mechanics line. fsee Norton decl. fl 7]
l2 Instead, the BRUSIES preempted and cut off Respondent's lien rights by allowing the time
13 to pass with the prolonged settlement discussions and filed the present matter. As such,
14 Respondent has prepared and filed a separate lawsuit against the BRUISES for breach of the
15 construction contract and quantum meruit. fsee Norton decl. fl 8]
t6 Under the circumstances, the Respondent concedes that the Mechanics Lien can be released
t7 and has so provided a release of lien. [see Norton decl. fl 9]
18 Respondent further contends that this action was advanced unreasonably by the BRUISES
l9 under the guise of prolonged discussions lulling Respondent into not pursuing his lien rights and
20 that under the circumstances all of the requested attorney fees are unreasonable. [see Norton decl. fl
2T 101
22 In the altemative, Respondent contends that the requested fees of $3,465.00 are excessive
23 and reasonable fees would only be $875.00 [see Griffith decl. fl 2]
24 Respectfully Submitted,
25 GRIFFITH HORN & SHEEHAN, LLP
26
27 DATED: March lÛ,ZOZ| By
DAVID R. GRIFFITH,
28 Attorney for Respondent,
LAURIE NORTON
2
to
I VERIFICATION
2 I, LAURIE NORTON, declare:
J I am the Respondent in the above-entitled proceeding. I have read the foregoing
4 RESPONSE TO PETITION and know the contents thereof. The same is true of myown
5 knowledge, except as to those matters that are therein alleges on information and belief, and as to
6 those matters, I believe it to be true.
7 I declare under penalty of perjury under the laws of the State of California that the
8 foregoing is true and correct and this declaration was signed by me in Chico, California on the date
9 set forth below.
10 DATED: March 17,2020. By:
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Response to Petition
I PROOF OF SERVICE
I, the below signed, declare:
2
I am employed in the County of Butte, State of California, I am over 18 years of age and am
J not a party to the within action; my business address is 1530 Humboldt Road, Suite 3, Chico,
California 95928. On this date, I served the foregoing document described as:
4
RESPONSB TO PETITION
5
Said document was served on the interested party or parties in this action by placing a true
6
copy of the original document, enclosed in a sealed ènvélopé, and addressed as noÃeä belo'Ãr.
7 Jennifer L. Ellingson, Esq.
DI DUCA ELLINGSON, A Professional Corporation
8 20 Declaration Drive, Suite 200
Chico, CA95973
9 Telephone: (530) 343 -3 454
E-mail: jellingson@diducalaw.com
l0
I am familiar with our firm's practice of collection and processing correspondence for
11 mailing. Under that p^ractice it would þe. deposited with the U.S. Postal Service on that same day-
with postage thereon fully prepaid at Chico, California in the ordinary course of business. I am
t2 aware that on motion of the party served, service is presumed invalidif the postal cancellation date
or postage meter date is more than one working day after the date of deposif for mailing in this
t3 declaration.
T4
! @y Mail) I deposited such envelope in the mail at Chico, California. The envelope was
mailed with postage thereon fully prepaid to the person at the adddress(es) set forth above.
15
! (By Facsimile) I sent this document via facsimile, number(s) as listed above.
T6
X (By Electronic Mail) Such document was delivered by electronic mail to the person(s) at
t7 the address(es) set forth above, pursuant to CCP $1010.6(e).
18 tr (By Express Mail/Overnight Delivery) I delivered this document to a driver authorized by
the express services carrier to receive such documents in a package designated by the express
l9 service carrier with delivery fees paid and addressed to the person(s) set forth above at tñe
address(es) last given by that person for purpose of effectuating service in this matter and with
20 direction for delivery of the document to that person(s) atthat address(es) on the next business day.
2I ! (By Personal Service) I personally delivered the documents to the person(s) at the
address(es) set forth above. Delivery was made (a) to the attorney personally, or (b) by leaving the
22
documents at the attorney's office, in an envelope or package clearly labeled to identify the attorney
23
being served, with a receptionist or an individual in charge ofthe office.
24 I declare under penalty of perjury under the laws of the State of California that the above is
true and correct. I further declare that I made the service set forth herein on the date set forth
25 below.
26 Executed on March 17 ZOZI,at Chico, California.
27
By:
28 Chamberlin
Preview
1 DAVID R. GRIFFITH, ESQ. (SBN - 170172) JAMESON E.p. SHEEHAN, ESQ. (SBN -327287) 2 GRIFFITH HORN & SHEEHAN, LLP 1530 Humboldt Road, Suite 3 a J Chico, California 95928 3/19/2021 Telephone: (530) 812-1000 4 Emai I : dav id@davidgriffrthlaw. com 5 Attorneys for Respondent, LAURIE NORTON 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF BUTTE 10 MARC BRUSIE; and JANICE BRUSIE, Case No. 21CV00460 11 Petitioners, RESPONSE TO PETITION T2 V Hearing Date: March 24, 2021 Time: 9:00 a.m. 13 LAURIE NORTON, Dept.: TBA I4 Respondent. 15 l6 Respondent LAURIE NORTON responds to the Petition of MARC BRUSIE and JANICE l7 BRUSIE as follows: l8 This case arises from an April 2020 construction contract for the building of a single family T9 custom home by Respondent NORTON for the BRUSIES at 11 Stoney Meadows Terrace, Chico, 20 California for $1,084,950.00. fsee Norton decl. !l 1] 2t NORTON acted as the contractor of record for the BRUSIE project and building permit, 22 spent considerable time doing the project planning, sourcing of materials, coordinating of 23 subcontractors, and turned awayother construction projects to tend to and stand readyto perform 24 the BRUSIE project which was contracted to be completed by April 25,2021. fsee Norton decl. fl 25 2l 26 In the fall2020, the BRUSIES had the gtound work and pad for the structure performed by 27 third parties Bryan Graves and Steve Boggs and sought to breach and cancel their construction 28 contract with Respondent NORTON. [see Norton decl. fl 3] 7 to I Respondent NORTON filed the subject Mechanics Lien on December I,2020. fsee Norton 2 decl. fl 4l J On December 16, 2020, counsel for the BRUSIES sent a notice to Respondent to release 4 the lien. [see Norton decl. fl 5] 5 At the time, Respondent was in settlement discussions with the BRUSIES to resolve the 6 dispute with an offer to compromise the claims for the sum of $5,000.00 and a release from the 7 BRUSIE for the project. [see Norton decl. fl 6] 8 It was hoped by the Respondent that the dispute would have settled with such discussions 9 and therefore Respondent did not file an action to enforce the Mechanics Lien. But for the 10 settlement discussions being had with the BRUSIES, Respondent would have filed an action to 11 enforce the mechanics line. fsee Norton decl. fl 7] l2 Instead, the BRUSIES preempted and cut off Respondent's lien rights by allowing the time 13 to pass with the prolonged settlement discussions and filed the present matter. As such, 14 Respondent has prepared and filed a separate lawsuit against the BRUISES for breach of the 15 construction contract and quantum meruit. fsee Norton decl. fl 8] t6 Under the circumstances, the Respondent concedes that the Mechanics Lien can be released t7 and has so provided a release of lien. [see Norton decl. fl 9] 18 Respondent further contends that this action was advanced unreasonably by the BRUISES l9 under the guise of prolonged discussions lulling Respondent into not pursuing his lien rights and 20 that under the circumstances all of the requested attorney fees are unreasonable. [see Norton decl. fl 2T 101 22 In the altemative, Respondent contends that the requested fees of $3,465.00 are excessive 23 and reasonable fees would only be $875.00 [see Griffith decl. fl 2] 24 Respectfully Submitted, 25 GRIFFITH HORN & SHEEHAN, LLP 26 27 DATED: March lÛ,ZOZ| By DAVID R. GRIFFITH, 28 Attorney for Respondent, LAURIE NORTON 2 to I VERIFICATION 2 I, LAURIE NORTON, declare: J I am the Respondent in the above-entitled proceeding. I have read the foregoing 4 RESPONSE TO PETITION and know the contents thereof. The same is true of myown 5 knowledge, except as to those matters that are therein alleges on information and belief, and as to 6 those matters, I believe it to be true. 7 I declare under penalty of perjury under the laws of the State of California that the 8 foregoing is true and correct and this declaration was signed by me in Chico, California on the date 9 set forth below. 10 DATED: March 17,2020. By: 11 L2 l3 t4 l5 T6 I7 18 I9 20 2l 22 23 24 25 26 27 28 3 Response to Petition I PROOF OF SERVICE I, the below signed, declare: 2 I am employed in the County of Butte, State of California, I am over 18 years of age and am J not a party to the within action; my business address is 1530 Humboldt Road, Suite 3, Chico, California 95928. On this date, I served the foregoing document described as: 4 RESPONSB TO PETITION 5 Said document was served on the interested party or parties in this action by placing a true 6 copy of the original document, enclosed in a sealed ènvélopé, and addressed as noÃeä belo'Ãr. 7 Jennifer L. Ellingson, Esq. DI DUCA ELLINGSON, A Professional Corporation 8 20 Declaration Drive, Suite 200 Chico, CA95973 9 Telephone: (530) 343 -3 454 E-mail: jellingson@diducalaw.com l0 I am familiar with our firm's practice of collection and processing correspondence for 11 mailing. Under that p^ractice it would þe. deposited with the U.S. Postal Service on that same day- with postage thereon fully prepaid at Chico, California in the ordinary course of business. I am t2 aware that on motion of the party served, service is presumed invalidif the postal cancellation date or postage meter date is more than one working day after the date of deposif for mailing in this t3 declaration. T4 ! @y Mail) I deposited such envelope in the mail at Chico, California. The envelope was mailed with postage thereon fully prepaid to the person at the adddress(es) set forth above. 15 ! (By Facsimile) I sent this document via facsimile, number(s) as listed above. T6 X (By Electronic Mail) Such document was delivered by electronic mail to the person(s) at t7 the address(es) set forth above, pursuant to CCP $1010.6(e). 18 tr (By Express Mail/Overnight Delivery) I delivered this document to a driver authorized by the express services carrier to receive such documents in a package designated by the express l9 service carrier with delivery fees paid and addressed to the person(s) set forth above at tñe address(es) last given by that person for purpose of effectuating service in this matter and with 20 direction for delivery of the document to that person(s) atthat address(es) on the next business day. 2I ! (By Personal Service) I personally delivered the documents to the person(s) at the address(es) set forth above. Delivery was made (a) to the attorney personally, or (b) by leaving the 22 documents at the attorney's office, in an envelope or package clearly labeled to identify the attorney 23 being served, with a receptionist or an individual in charge ofthe office. 24 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. I further declare that I made the service set forth herein on the date set forth 25 below. 26 Executed on March 17 ZOZI,at Chico, California. 27 By: 28 Chamberlin