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FlLED/EHDORS!
KEITH A. JACOBY, Bar No. 150233
kiacobv@littler.com JUL 1 5 2020
2 BRADLEY E. SCHWAN, Bar No. 246457
bschwan@littler.coiTi By:. S Khnrq
3 LITTLER MENDELSON, P.C. ueputv Clerk
2049 Century Park East
4 5th Floor
Los Angeles, CA 90067.3107
5 Telephone: 310.553.0308
0 Fax No.: 310.553.5583
6
NATHANIEL H. JENKINS, Bar No. 312067
7 njenkins@littler.com
CD LITTLER MENDELSON, P.C.
8 500 Capitol Mall
Suite 2000
9 Sacramento, CA 95814
Telephone: 916.830.7200
10 FaxNo.: 916.561.0828
Attomeys for Defendant
12 PRIMERITUS FINANCIAL SERVICES, INC.
13
SUPERIOR COURT OF CALIFORNIA
14
COUNTY OF SACRAMENTO
15
JOHN BOUDREAU, an individual, on CaseNo. 34-2018-00247272
16 behalf of himself and all others similarly
situated. Assigned to Department 41, Hon. David De Alba
17
Plaintiff, PROOF OF S E R V I C E
18
Date: September 24, 2020
19 Time: 9:00 a.m.
PRIMERITUS FfNANClAL SERVICES, Dept: 54
20 INC., A Delaware corporation; CHRIS Reservation No. 2519118
McGlNNESS, an individual; and DOES 1
21 through 10, inclusive.
Complaint filed: December 27, 2018
22 Defendants. First Amended Complaint filed: April 12, 2019
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LITTLER MENDELSON, P.C,
2046 Cenlu'y PBIK Estl
5lh 'iDor
Los Angeles. CA B00GT.3107
310.553.0306 PROOF OF SERVICE
-..'if': • 1 • . ::
' 'J - :
1 I am a resident of the State of Califomia, over the age of eighteen years, and not a
2 party to the within action. My business address is 500 Capitol Mall, Suite 2000, Sacramento,
3 Califomia 95814. On July 15, 2020,1 served the within document(s):
4 > DEFENDANT PRIMERITUS FINANCIAL SERVICES, INC.'S NOTICE OF
MOTION AND MOTION FOR SUMMARY ADJUDICATION;
5
> MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF
6 DEFENDANT'S MOTION FOR SUMMARY ADJUDICATION;
7 > DEFENDANT PRIMERITUS FINANCIAL SERVICES, INC.'S SEPARATE
STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF ITS
8 MOTION FOR SUMMARY ADJUDICATION;
9 > COMPENDIUM OF EVIDENCE IN SUPPORT OF DEFENDANT'S MOTION
FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, MOTION FOR
10 SUMMARY ADJUDICATION; and
11 > [PROPOSED] ORDER GRANTING DEFENDANT PRIMERITUS
FINANCIAL SERVICES, INC.'S MOTION FOR SUMMARY
12 ADJUDICATION
13
14 |--| By Fax Transmission. Based on an agreement of the parties to accept service by
fax transmission, I faxed the documents to the persons at the fax numbers listed
15 below. No error was reported by the fax machine that I used. A copy of the record
of the fax transmission, which I printed out, is attached.
16
[-] By United States Mail. I enclosed the documents in a sealed envelope or
17 package addressed to the persons at the addresses below and (specify one):
18 |--| deposited the sealed envelope with the United States Postal Service, with the
19 postage fully prepaid.
20 [-| placed the envelope for collection and mailing, following our ordinary
business practices. I am readily familiar with this business's practice for
21 collecting and processing correspondence for mailing. On the same day that
correspondence is placed for collection and mailing, it is deposited in the
22 ordinary course of business with the United States Postal Service, in a sealed
envelope with postage fiilly prepaid.
23
24 I am a resident or employed in the county where the mailing occurred. The
envelope or package was placed in the mail at.' Sacramento, California.
25
• By Overnight Delivery. I deposited a true copy of the same enclosed in a sealed
26 envelope, with delivery fees provided for, in an ovemight delivery service pick up
box or office designated for ovemight delivery, and addressed as set forth below.
27
28
LITTLER MENDELSON. P.C.
204G Ceniu'y Perk Eaii
Sih ^Iflor
Los Angeles. CA 00067.3107
310,553.030a PROOF OF SERVICE
[-] By Personal Delivery. I personally delivered the documents to the persons at the
addresses listed below. (1) For a party represented by an attomey, delivery was
2 made to the attomey or at the attomey's office by leaving the documents, in an
envelope or package clearly labeled to identify the attomey being served, with a
3
receptionist or an individual in charge of the office, between the hours of nine in
4 the moming and five in the evening. (2) For a party, delivery was made to the party
or by leaving the documents at the party's residence with some person not younger
5 than 18 years of age between the hours of eight in the moming and six in the
evening.
6
7 • By Messenger Service. I served the documents by placing them in an envelope or
package addressed to the persons at the addresses listed below and providing them
8 to a professional messenger service for service. (A declaration by the messenger
must accompany this Proof of Service or be contained in the Declaration oj
9 Messenger below.)
10 jg By Electronic Service. Based on a court order or an agreement of the parties to
accept electronic service, I caused the documents to be sent to the persons at the
11
electronic service addresses listed below.
12
Alejandro P. Gutierrez Daniel J. Palay
13 HATHAWAY, PERRETT, WEBSTER, Brian D. Hefelfinger
POWERS, CHRISMAN «& GUTIERREZ PALAY HEFELFfNGER
14 5450 Telegraph Road, Suite 200 1746 S. Victoria Avenue, #230
Ventura, CA 93003 Ventura, CA 93003
15 Telephone: (805)644-7111 Telephone: (805) 628-8220
Facsimile: (805) 644-8296
16 Facsimile: (805) 765-8600
agutierrez@hathawavlawfirm.com
djp@calemplovmentcounsel.com
17 bdh@calemplovmentcounsel.com
18 I declare under penalty of perjury under the laws of the State of Califomia that the
19 above is true and correct. Executed on July 15, 2020, at Sacramento, Califomia.
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Sophia Masada
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LITTLER MENDELSON, P.C.
1046 Ceniu'r Park Eatl
PROOF OF SERVICE
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FlLED/EHDORS! KEITH A. JACOBY, Bar No. 150233 kiacobv@littler.com JUL 1 5 2020 2 BRADLEY E. SCHWAN, Bar No. 246457 bschwan@littler.coiTi By:. S Khnrq 3 LITTLER MENDELSON, P.C. ueputv Clerk 2049 Century Park East 4 5th Floor Los Angeles, CA 90067.3107 5 Telephone: 310.553.0308 0 Fax No.: 310.553.5583 6 NATHANIEL H. JENKINS, Bar No. 312067 7 njenkins@littler.com CD LITTLER MENDELSON, P.C. 8 500 Capitol Mall Suite 2000 9 Sacramento, CA 95814 Telephone: 916.830.7200 10 FaxNo.: 916.561.0828 Attomeys for Defendant 12 PRIMERITUS FINANCIAL SERVICES, INC. 13 SUPERIOR COURT OF CALIFORNIA 14 COUNTY OF SACRAMENTO 15 JOHN BOUDREAU, an individual, on CaseNo. 34-2018-00247272 16 behalf of himself and all others similarly situated. Assigned to Department 41, Hon. David De Alba 17 Plaintiff, PROOF OF S E R V I C E 18 Date: September 24, 2020 19 Time: 9:00 a.m. PRIMERITUS FfNANClAL SERVICES, Dept: 54 20 INC., A Delaware corporation; CHRIS Reservation No. 2519118 McGlNNESS, an individual; and DOES 1 21 through 10, inclusive. Complaint filed: December 27, 2018 22 Defendants. First Amended Complaint filed: April 12, 2019 23 24 25 26 27 28 LITTLER MENDELSON, P.C, 2046 Cenlu'y PBIK Estl 5lh 'iDor Los Angeles. CA B00GT.3107 310.553.0306 PROOF OF SERVICE -..'if': • 1 • . :: ' 'J - : 1 I am a resident of the State of Califomia, over the age of eighteen years, and not a 2 party to the within action. My business address is 500 Capitol Mall, Suite 2000, Sacramento, 3 Califomia 95814. On July 15, 2020,1 served the within document(s): 4 > DEFENDANT PRIMERITUS FINANCIAL SERVICES, INC.'S NOTICE OF MOTION AND MOTION FOR SUMMARY ADJUDICATION; 5 > MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF 6 DEFENDANT'S MOTION FOR SUMMARY ADJUDICATION; 7 > DEFENDANT PRIMERITUS FINANCIAL SERVICES, INC.'S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF ITS 8 MOTION FOR SUMMARY ADJUDICATION; 9 > COMPENDIUM OF EVIDENCE IN SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, MOTION FOR 10 SUMMARY ADJUDICATION; and 11 > [PROPOSED] ORDER GRANTING DEFENDANT PRIMERITUS FINANCIAL SERVICES, INC.'S MOTION FOR SUMMARY 12 ADJUDICATION 13 14 |--| By Fax Transmission. Based on an agreement of the parties to accept service by fax transmission, I faxed the documents to the persons at the fax numbers listed 15 below. No error was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out, is attached. 16 [-] By United States Mail. I enclosed the documents in a sealed envelope or 17 package addressed to the persons at the addresses below and (specify one): 18 |--| deposited the sealed envelope with the United States Postal Service, with the 19 postage fully prepaid. 20 [-| placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business's practice for 21 collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the 22 ordinary course of business with the United States Postal Service, in a sealed envelope with postage fiilly prepaid. 23 24 I am a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at.' Sacramento, California. 25 • By Overnight Delivery. I deposited a true copy of the same enclosed in a sealed 26 envelope, with delivery fees provided for, in an ovemight delivery service pick up box or office designated for ovemight delivery, and addressed as set forth below. 27 28 LITTLER MENDELSON. P.C. 204G Ceniu'y Perk Eaii Sih ^Iflor Los Angeles. CA 00067.3107 310,553.030a PROOF OF SERVICE [-] By Personal Delivery. I personally delivered the documents to the persons at the addresses listed below. (1) For a party represented by an attomey, delivery was 2 made to the attomey or at the attomey's office by leaving the documents, in an envelope or package clearly labeled to identify the attomey being served, with a 3 receptionist or an individual in charge of the office, between the hours of nine in 4 the moming and five in the evening. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence with some person not younger 5 than 18 years of age between the hours of eight in the moming and six in the evening. 6 7 • By Messenger Service. I served the documents by placing them in an envelope or package addressed to the persons at the addresses listed below and providing them 8 to a professional messenger service for service. (A declaration by the messenger must accompany this Proof of Service or be contained in the Declaration oj 9 Messenger below.) 10 jg By Electronic Service. Based on a court order or an agreement of the parties to accept electronic service, I caused the documents to be sent to the persons at the 11 electronic service addresses listed below. 12 Alejandro P. Gutierrez Daniel J. Palay 13 HATHAWAY, PERRETT, WEBSTER, Brian D. Hefelfinger POWERS, CHRISMAN «& GUTIERREZ PALAY HEFELFfNGER 14 5450 Telegraph Road, Suite 200 1746 S. Victoria Avenue, #230 Ventura, CA 93003 Ventura, CA 93003 15 Telephone: (805)644-7111 Telephone: (805) 628-8220 Facsimile: (805) 644-8296 16 Facsimile: (805) 765-8600 agutierrez@hathawavlawfirm.com djp@calemplovmentcounsel.com 17 bdh@calemplovmentcounsel.com 18 I declare under penalty of perjury under the laws of the State of Califomia that the 19 above is true and correct. Executed on July 15, 2020, at Sacramento, Califomia. 20 21 Sophia Masada 22 23 24 25 26 27 28 LITTLER MENDELSON, P.C. 1046 Ceniu'r Park Eatl PROOF OF SERVICE