On November 02, 2018 a Party Statement 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.
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10 iL 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 JUSTIN POENG SUED AS DOE 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SONOMA RICHARD ABEL, an individual, } CASE NO. SCV-263456 DEFENDANT JUSTIN POENG’S DECLARATION IN SUPPORT OF MOTION TO DISMISS PLAINTIFF RICHARD ABEL’S FIRST AMENDED COMPLAINT (CCP SECTION 583.210 et seq.) Plaintiff, vs. B. EDWARD McCUTCHAN, JR. an individual; SUNDERLAND | McCUTCHAN, LLP, a general partnership; and DOES 1 through 100, inclusive, Hearing Date: Time: 3:00 p.m. Dept.: 18 Defendants. I, Justin Poeng, declare as follows: 1. Tama defendant sued as DOE 11 by Richard Abel in his First Amended Complaint in this matter. If called as a witness, I am competent to testify to the following facts. 2. Iwas served with the November 2, 2018 Summons, First Amended Complaint and. my DOE amendment on or about March 14, 2022 with respect to Richard Abel’s claims in Sonoma County Superior Court Case No. SCV-263456. I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct to the best of my knowledge. MM DEFENDANT JUSTIN POENG’S DECLARATION IN SUPPORT OF MOTION TO DISMISS PLAINTIFF RICHARD ABEL'S FIRST AMENDED COMPLAINT (CCP SECTION 583.210 et seq.) 110 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Date: March 28 __, 2022 " JUST POENG SUED AS DOE 11 DEFENDANT JUSTIN POENG’S DECLARATION IN SUPPORT OF MOTION TO DISMISS PLAINTIFF RICHARD ABEL’S FIRST AMENDED COMPLAINT (CCP SECTION 583.210 et seq.) 210 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SONOMA I am employed in the County of Sonoma, State of California. 1 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 4) 2022, I served the foregoing documents described as DEFENDANT JUSTIN POENG’S DECLARATION IN SUPPORT OF MOTION TO DISMISS PLAINTIFF RICHARD ABEL’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 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 ag 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 am 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 ¢ California. “Corer aa Edward McCyfchan 2, at Healdsburg. = ‘DEFENDANT JUSTIN POENG’S DECLARATION IN SUPPORT OF MOTION TO DISMISS PLAINTIFF RICHARD ABEL'S FIRST AMENDED COMPLAINT (CCP SECTION 583.210 et seq.) 310 il 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 Abel v. McCutchan, et al. Sonoma County Superior Court Case No. SCV-263456 Plaintiff in Pro Per: Richard Abel BY FIRST CLASS MAIL - ONLY Richard Abel 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, Fiverson & 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 JUSTIN POENG’S DECLARATION IN SUPPORT OF MOTION TO DISMISS PLAINTIFF RICHARD ABEL’S FIRST AMENDED COMPLAINT (CCP SECTION 583.210 et seq.) 4