Motion,Ex Parte: Butler America LLC vs UCOMMG LLC et al

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                                ELECTRONICALLY FILED
                                                             Superior Court of California
                                                             County of Santa Barbara
 1   Shayna Balch Santiago (SBN 304802)                      Darrel E. Parker, Executive Officer
        E-Mail: ssantiago@fisherphillips.com                 4/18/2022 12:49 PM
 2   FISHER & PHILLIPS LLP                                   By: Narzralli Baksh, Deputy
     3200 N. Central Avenue, Suite 1550
 3   Phoenix, Arizona 85012-2487
     Telephone: (602) 281-3400
 4   Facsimile: (602) 281-3401

 5   Kathryn M. Evans (SBN 323190)
        E-Mail: kmevans@fisherphillips.com
 6   FISHER & PHILLIPS LLP
     4747 Executive Drive, Suite 1000
 7   San Diego, California 92121
     Telephone: (858) 597-9600
 8   Facsimile: (858) 597-9601

 9   Attorneys for Defendants,
     UCOMMG, LLC; Unified Communications Group, Inc.;
10   Kenneth W. Newbatt; Bianca Newbatt; Mitchell C.
     Lipkin; Michael J. Bellas; Jimmie Garrett Baker, Jr.;
11   WesTele Utility Solutions, LLC; and Cynthia Baker

12                    SUPERIOR COURT OF THE STATE OF CALIFORNIA

13                FOR THE COUNTY OF SANTA BARBARA - ANACAPA DIVISION

14   BUTLER AMERICA, LLC, a Delaware             CASE NO.: 20CV03877
     limited liability company,                  [Unlimited Jurisdiction]
15
                          Plaintiff,             Assigned for all purposes to the
16                                               Honorable Donna D. Geck, Dept. 4
             v.
17                                               DEFENDANTS UCOMMG, LLC’S AND
     UCOMMG, LLC, a Nevada limited liability     UNIFIED COMMUNICATIONS GROUP,
18   company; UNIFIED COMMUNICATIONS             INC.’S NOTICE OF EX PARTE
     GROUP, INC., a dissolved Washington         APPLICATION FOR RECONSIDERATION
19   corporation; KENNETH W. NEWBATT,            OF THE COURT’S APRIL 8, 2022 ORDER
     an individual; BIANCA NEWBATT, an
20   individual; MITCHELL C. LIPKIN, an          [Filed concurrently with Memorandum of Points
     individual; MICHAEL J. BELLAS, an           and Authorities, Declaration of Shayna Balch
21   individual; JIMMIE GARRETT BAKER,           Santiago, and [Proposed] Order]
     JR., an individual; WESTELE UTILITY
22   SOLUTIONS, LLC, a California limited        DATE:       April 19, 2022
     liability company; and DOES 1 through 50,   TIME:       8:30 a.m.
23   inclusive,                                  DEPT.:      4

24                        Defendants.            Complaint Filed: November 20, 2020
                                                 Removal Filed: January 4, 2021
25                                               FAC Filed: April 16, 2021
                                                 SAC Filed: December 3, 2021
26                                               Trial Date: Not Set

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      DEFS UCOMMG’S AND UCG’S NOTICE OF EX PARTE APPLICATION FOR RECONSIDERATION OF
                             THE COURT’S APRIL 8, 2022 RULING
     FP 43733522.1
 1           TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN:

 2           NOTICE IS HEREBY GIVEN that on April 19, 2022, at 8:30 a.m., or as soon thereafter

 3   as the matter may be heard, in Department 4 of the above-entitled Court, located at 1100 Anacapa

 4   Street, Santa Barbara, California 93121-1107, Defendants UCOMMG, LLC and Unified

 5   Communications Group, Inc. (hereinafter “Defendants”) will seek by ex parte application, good

 6   cause being present, reconsideration of the Court’s order issued on April 8, 2022 regarding

 7   Plaintiff’s motions to compel and reversing the order granting sanctions in the amount of $4,000

 8   against Specially Appearing Defendants UCOMMG, LLC and Unified Communications Group,

 9   Inc. on the grounds that the Court does not have authority to issue monetary sanctions against

10   Defendants unless and until the Court denies Defendants’ Motion to Quash Service of Summons

11   and finds that this Court has personal jurisdiction over Defendants.

12           This ex parte application for reconsideration is made pursuant to California Code of Civil

13   Procedure sections 128 and 1008 and California Rules of Court, Rule 3.1200, et seq.

14           Ex parte notice was provided to counsel in conformance with California Rules of Court

15   Rule 3.1203(a). (See Declaration of Shayna Balch Santiago (“Santiago Decl.”) ¶ 15.) The

16   attorneys of the other parties as currently known to Defendants are as follows:

17                                  Paul P. Young (paul@cym.law)
                                   Joseph Chora (joseph@cym.law)
18                              Cameron H. Totten (cameron@cym.law)
                                 Armen Manasserian (armen@cym.law)
19                                 Scott O’Haloran (scott@cym.law)
                                        CHORA YOUNG LLP
20                             650 Sierra Madre Villa Avenue, Suite 304
                                      Pasadena, California 91107
21                           Telephone (626) 744-1838 | Facsimile: (626) 744-3167
22           This Application is based upon this Notice, the attached Memorandum of Points and

23   Authorities, the attached declaration of Shayna Balch Santiago, the pleadings, documents, and

24   ///

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                                                     1
      DEFS UCOMMG’S AND UCG’S NOTICE OF EX PARTE APPLICATION FOR RECONSIDERATION OF
                             THE COURT’S APRIL 8, 2022 RULING
     FP 43733522.1
 1   records on file herein, and upon such other and further evidence, both oral and documentary, as

 2   may be presented at the hearing on this Ex Parte Application.

 3   DATE: April 18, 2022                        FISHER & PHILLIPS LLP
 4

 5                                        By:
                                                 Shayna Balch Santiago
 6                                               Kathryn M. Evans
                                                 Attorneys for Defendants,
 7                                               UCOMMG, LLC; UNIFIED
                                                 COMMUNICATIONS GROUP, INC.;
 8                                               KENNETH W. NEWBATT; BIANCA
                                                 NEWBATT; MITCHELL C. LIPKIN; MICHAEL
 9                                               J. BELLAS; WESTELE UTILITY SOLUTIONS,
                                                 LLC; and CYNTHIA BAKER
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                                                   2
      DEFS UCOMMG AND UCG’S NOTICE OF EX PARTE APPLICATION FOR RECONSIDERATION AND
                REQ FOR CLARIFICATION OF THE COURT’S APRIL 8, 2022 RULING
     FP 43733522.1
 1                                       PROOF OF SERVICE
                                       (CCP §§1013(a) and 2015.5)
 2
             I, the undersigned, am at least 18 years old and not a party to this action. I am employed
 3   in the County of San Diego with the law offices of Fisher & Phillips LLP and its business address
     is 4747 Executive Drive, Suite 1000, San Diego, California 92121.
 4
            On April 18, 2022, I served the following document(s) DEFENDANTS’ NOTICE OF
 5   EX PARTE APPLICATION FOR RECONSIDERATION OF THE COURT’S APRIL 8,
     2022 ORDER on the person(s) listed below by placing      the original a true copy thereof
 6   enclosed in sealed envelope(s) addressed as follows:

 7
      Paul P. Young                                      Tel: (626) 744-1838
 8    Joseph Chora                                       Fax: (626) 744-3167
      Cameron H. Totten                                  E-Mail: paul@cym.law; joseph@cym.law;
 9    Armen Manasserian                                  cameron@cym.law; armen@cym.law;
      Scott O’Haloran                                    scott@cym.law
10    CHORA YOUNG LLP
      650 Sierra Madre Villa Avenue, Suite 304           Attorneys for Plaintiff Butler America, LLC
11    Pasadena, California 91107

12          [by MAIL] - I enclosed the document(s) in a sealed envelope or package addressed to
             the person(s) whose address(es) are listed above and placed the envelope for collection
13           and mailing, following our ordinary business practices. I am readily familiar with this
             business’s practice for collecting and processing correspondence for mailing. On the
14           same day that correspondence is placed for collection and mailing, it is deposited in the
             ordinary course of business with the United States Postal Service in San Diego California,
15           in a sealed envelope with postage fully prepaid.
            [by FAX] - Based on an agreement of the parties to accept service by fax transmission,
16           I faxed the document(s) to the person(s) at fax number(s) listed above from fax number
             (858) 597-9601. The fax reported no errors. A copy of the transmission report is
17           attached.
            [by OVERNIGHT DELIVERY] - I enclosed the document(s) in an envelope or package
18           provided by an overnight delivery carrier and addressed to the person(s) at the address(es)
             listed above. I placed the envelope or package for collection and overnight delivery at an
19           office or a regularly utilized drop box of the overnight carrier.
            [by ELECTRONIC SERVICE] - Based on a court order or an agreement of the parties
20           to accept service by electronic transmission, I electronically served the document(s) to
             the person(s) at the electronic service address(es) listed above.
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            I declare under penalty of perjury, under the laws of the State of California, that the
22   foregoing is true and correct.
23           Executed April 18, 2022, at San Diego, California.

24                   Kris O’Connor                 By:
                        Print Name                                           Signature
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                                                     1
                                            PROOF OF SERVICE
     FP 43733522.1