On November 02, 2018 a Request,Application was filed involving a dispute between Abel, Richard, and Albini, Ed, Davis, Dale, Duval, Jacinda, Fung, Lenora Verne, Fung, Verna, Hing, Bill, Mccutchan, B Edward, Jr, Nord, James, Nord, Jim, Peritore, Evalina, Poeng, Justin, Schulte, D. Mark, Severson, Richard, Spiridonoff, Walter, Sunderland Mccutchan, Inc., A California Corporarion, Sunderland Mccutchan, Llc, A California Limited Liability Company, Sunderland Mccutchan, Llp, Sunderland, Robert J., Weil, Nansi Ida, Zdanek, Matthew, for 25: Unlimited Professional Negligence in the District Court of Sonoma County.
For full print and download access, please subscribe at https://www.trellis.law/.
Please wait a moment while we load this page.
Preview
Edward McCutchan (SBN 119376) SUNDERLAND | McCUTCHAN, LLP 1083 Vine Street, Suite 907 Healdsburg, California 95448 Telephone: (707) 433-0377 Facsimile: (707) 433-0379 Attorneys for Defendant JACINDA DUVAL SUED AS DOE 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SONOMA RICHARD ABEL, an individual, } CASE NO. SCV-263456 Plaintiff, ) JACINDA DUVAL’S REQUEST FOR ) JUDICIAL NOTICE IN SUPPORT OF vs. } HER MOTION TO DISMISS ) PLAINTIFF’S FIRST AMENDED B. EDWARD McCUTCHAN, JR. an ) COMPLAINT (CCP SECTION 583.210 et individual; SUNDERLAND | McCUTCHAN, } seq.) LLP, a general partnership; and DOES 1 ) . : through 100, inclusive, } Tae Oo mm Dept.: 18 Defendants. ) 3 Assigned For All Purposes to the Honorable Jennifer V. Dollard Dept. 18 TO THE COURT, ALL PARTIES HEREIN, AND THEIR ATTORNEYS OF RECORD: Pursuant to Evidence Code section 450 et seq., Defendant, JACINDA DUVAL sued as DOE 7 herein requests that this court take judicial notice of the following facts and documents in this action. 1. The November 2, 2018 filed complaint by Richard Abel in this action. Relevance: Richard Abel failed to comply with CCP section 583.210 et seq., Weatherby v. Van Diest (1991) 233 Cal. App. 3d 506 and case law in serving Jacinda Duval sued as DOE 7 herein, within the mandatory three (3) years of filing and returning the summons to the court within JACINDA DUVAL’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF HER MOTION, TO DISMISS PLAINTIFF’S FIRST AMENDED COMPLAINT (CCP SECTION 583.210 et seq.) 1sixty (60) days of service of process on her. Duval. 2. The December 9, 2021 filed DOE 7 amendment of Richard Abel as to Jacinda Relevance: Richard Abel failed to comply with CCP section 583.210 et. seq., Weatherby v. Van| Diest (1991) 233 Cal. App. 3d 506 and case law in serving Jacinda Duval sued as DOE 7 herein, within the mandatory three (3) years of filing and returning the summons to the court within sixty (60) days of service of process on her. Date: March / {_, 2022 SUNDERLAND | McCUTCHAN, LLP JACINDA\QUV. AS DOE7 JACINDA DUVAL’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF HER MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT (CCP SECTION 583.210 et seq.) 2PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SONOMA Tam employed in the County of Sonoma, State of California. I am over the age of 18 anc not a party to the within action; my present address is: 1083 Vine Street, Suite 907, welds California 95448. On March Af. 2022, I served the foregoing documents described as JACINDA DUVAL’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF HER MOTION TO DISMISS PLAINTIFF’S FIRST AMENDED COMPLAINT (CCP SECTION 583.210 et seq. on the parties by placing a true copy thereof enclosed in a sealed envelope addressed as follows: SEE ATTACHED SERVICE LIST _X__ By Regular U.S. Mail. The documents were placed for collection and mailing fllowing ordinary business practice for deposit in the United States Postal Service in a sealed envelope with] postage thereon fully prepaid, addressed as stated above. By personal service. I caused each such envelope to be delivered by hand to the addressee(s) as stated above. By facsimile transmitted from (707) 433-0379. The document transmission was reported complete and without error. ] _X___ By email or electronic transmission. I caused the document to be sent to the persons at the email addresses listed below. I did not receive within a reasonable time after the transmission an electronic message or other indication that the transmission was unsuccessful. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on March Y_, 2022, at Healdsburg, California. JACINDA DUVAL’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF HER MOTION TO DISMISS PLAINTIFF’S FIRST AMENDED COMPLAINT (CCP SECTION 583.210 et seq.) 3Abel v. McCutchan, et al. Sonoma County Superior Court Case No. SCV-263456 Plaintiff in Pro Per: Richard Abel Richard Abel BY FIRST CLASS MAIL - ONLY 707 Hahman Drive, #9301 Santa Rosa, CA 95405-9301 Tel: (707) 340-3894 E-Mail: pererel(@gmail.com Attorneys for Defendants: Sunderland | McCutchan, Inc.; Sunderland | McCutchan, LLP; B. Edward McCutchan, Jr. Joseph S. Picchi, Esq. BY EMAIL - ONLY Aaron T. Schultz, Esq. Galloway, Lucchese, Everson & Picchi A Professional Corporation 2300 Contra Costa Blvd., Suite 350 Pleasant Hill, CA 94523-2398 Tel. No. (925) 930-9090 Fax No. (925) 930-9035 E-Mail: aschultz@glattys.com JACINDA DUVAL’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF HER MOTION TO DISMISS PLAINTIFF’S FIRST AMENDED COMPLAINT (CCP SECTION 583.210 et seq.) 4