Request,Application: Abel vs McCutchan, JR

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                                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
BILL HING SUED AS DOE 8

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF SONOMA

Defendants.

RICHARD ABEL, an individual, ) CASE NO. SCV-263456
Plaintiff, } DEFENDANT BILL HING’S
j REQUEST FOR JUDICIAL NOTICE
vs. ) IN SUPPORT OF HIS MOTION TO
) DISMISS PLAINTIFF’S FIRST
B. EDWARD McCUTCHAN, JR. an ) AMENDED COMPLAINT (CCP
individual; SUNDERLAND | McCUTCHAN, 3 SECTION 583.210 et seq.)
LLP, a general partnership; and DOES 1 ) Heating Date:
through 100, inclusive, Timer 3: 00, pm.
J Dept.:
)
)

TO THE COURT, ALL PARTIES HEREIN, AND THEIR ATTORNEYS OF RECORD:
Pursuant to Evidence Code section 450 et seq., Defendant, BILL HING sued as DOE 8
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 Bill Hing sued as DOE 8 herein,

within the mandatory three (3) years of filing and returning the summons to the court

DEFENDANT BILL HING’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF HIS MOTION
TO DISMISS PLAINTIFF’S FIRST AMENDED COMPLAINT (CCP SECTION 583.210 et seq.)
1within sixty (60) days of service of process on him.

2. The December 9, 2021 filed DOE 8 amendment of Richard Abel as to Bill Hing.
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 Bill Hing sued as DOE 8 with filing
the summons with the court within sixty (60) days of service of process on Bill Hing herein and
within the mandatory three (3) years of filing.

3. The Sonoma County Superior Court Clerk’s Docket in case number SCV-263456.
Relevance: Richard Abel has not yet returned any issued summons in this matter from his
November 2, 2018 filing of this action to the Sonoma County Superior Court Clerk’s Office in

violation of California Code of Civil Procedure section 583.210 (b).

Date: March d 2022 SUNDERLAND | Me

Attorneys for Dé
BILL HING SUED AS DOE 8

DEFENDANT BILL HING’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF HIS MOTION
TO DISMISS PLAINTIFF’S FIRST AMENDED COMPLAINT (CCP SECTION 583.210 et seq.)
2PROOF OF SERVICE

STATE OF CALIFORNIA, COUNTY OF SONOMA
I am employed in the County of Sonoma, State of California. I am over the age of 18 and
not a party to the within action; my present address is: 1083 Vine Street, Suite 907, Healdsburg,
California 95448.
On March , 2022, I served the foregoing documents described as DEFENDANT

BILL HING’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF HIS 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 following
ordinary business practice for deposit in the United States Postal Service in a sealed envelope my
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 ag
complete and without error.
_X___ By email or electronic transmission. I caused the document to be sent to the persons at tha
email addresses listed below. I did not receive within a reasonable time after the transmission any

electronic message or other indication that the transmission was unsuccessful.
I declare under penalty of perjury under the laws of the State of Califoynia that the foregoing 9

true and correct and that this declaration was executed on March (022, at Healdsburg}

California.

DEFENDANT BILL HING’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF HIS 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

DEFENDANT BILL HING’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF HIS MOTION
TO DISMISS PLAINTIFF’S FIRST AMENDED COMPLAINT (CCP SECTION 583.210 et seq.)
4