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Alejandro P. Gutierrez; SBN 107688
1 agutierrez@hathawaylawfirm. com
HATHAWAY, PERRETT, WEBSTER, POWERS,
2 CHRISIMAN & GUTIERREZ, APC
5450 Telegraph Road, Suite 200
3 Ventura, CA 93006-3577
Telephone: (805) 644-7111
4 Facsimile: (805) 644-8296
5 Daniel J. Palay, SBN 159348
djp(^calemploymentcounsel.com
6 Brian D. Hefelfinger, SBN 253054
bdh(^calemploymentcounsel. com
7 PALAY HEFELFINGER, APC
1746 S. Victoria Avenue, Suite 230
8 Ventura, Califomia 93001
Tel: (805) 628-8220
9 Fax: (805) 765-8600
10 Attorneys for Plaintiff John Boudreau
and the Certified Class
11
12 SUPERIOR COURT OF THE STATE OF CALIFORNIA
13 FOR THE COUNTY OF SACRAIVIENTO
14
15 JOHN BOUDREAU, an individual, on behalf CASE NO.: 34-2018-00247272
of himself and all others similarly situated, [Complex Civil Case]
16 Complaint filed: Dec. 27,2018
Assigned to Dept. 41, Hon. David De Alba
17 Plaintiffs,
NOTICE OF ENTRY OF ORDER AND
18 vs. NOTICE OF RE-ASSIGNMENT OF
19 PRIIVIERITUS FINANCIAL SERVICES, INC., COMPLEX CIVIL CASE
20 a Delaware Corporation; CHRIS
MCGUINNESS, an individual; and DOES 1
21 through 10, inclusive.
22 Defendants.
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OTICE OF ENTRY OF ORDER AND NOTICE OF RE-ASSIGNMENT OF COMPLEX CIVIL CASE
1 TO ALL INTERESTED PARTIES AND TO THEIR ATTORNEYS OF RECORD:
2 Pursuant to the Court Order entered January 16, 2020, this case is now assigned for complex case
3 management and re-assigned to Judge David De Alba in Department 41, of the above entitled
4 courthouse. A true and correct copy of said Order and Notice is attached hereto marked as Exhibit
5 "A" and made a part hereof
6
7
Dated: January 21, 2020 HATHAWAY, PERRETT, WEBSTER, POWERS,
8 CHRISMAN & GUTIERREZ, APC
9
By:
10
Alejandro P. Gutierrez
11 Attomeys for Plaintm John Boudreau and the Certified
Class
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NOTICE OF ENTRY OF ORDER AND NOTICE OF RE-ASSIGNMENT OF COMPLEX CIVIL CASE
1
PROOF OF SERVICE
2
I am employed in the County of Ventura, State of Califomia. I am over the age of eighteen years
3 and not a party to the within action. My business address is 5450 Telegraph Road, Suite 200, Ventura,
CA 93003.
4
Dn the date below, 1 caused to be served a true and correct copy of the foregoing document described as
5 VOTICE OF ENTRY OF ORDER AND NOTICE OF RE-ASSIGNMENT OF COMPLEX CIVIL
CASE on the interested parties in this action as follows:
6
7 Keith A. Jacoby Attorneys for Defendants, Primeritus
Bradley E. Schwan
8 Littler Mendelson, PC Financial Services and Chris
2049 Century Parle East, 5"" Floor McGinness
9 Los Angeles, CA 90067-3107
Tel: (310) 553-0308 / Fax: (310) 553-5583
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kjacoby@littler.com/bschwan@littler.com
11
Nathaniel H. Jenkins
12 Littler Mendelson, PC
500 Capitol Mall, Suite 2000
13 Sacramento, CA 95814
Tel: (916) 830-7200 / Fax: (916) 561-0828
14
nj enkins@littler.com
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[X] BY MAIL: By placing a tme copy thereof enclosed in a sealed envelope addressed to the
16 addressee(s) listed above. 1 am "readily familiar" with the firm's practice of collection and
processing correspondence for mailing. Under that practice, it would be deposited with the U.S.
17 Postal Service on that same date with postage thereon fully prepaid at Ventura, Califomia, in the
ordinary course of business. 1 am aware that on motion of the party served, service is presumed
18 invalid if postal cancellation date or postage meter date is more than one day after date of deposit
for mailing in affidavit.
19
20 [ ] BY OVERNIGHT DELIVERY: By sending a true copy thereof by ovemight delivery service
to the addressee(s) listed above. The envelope was deposited in or with a facility regularly
21 maintained by the ovemight carrier with delivery fees paid or provided for.
22 [X] (State) 1 declare under penalty of perjury under the laws of the State of Califomia that the
foregoing is tme and correct.
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Executed on January 21, 2019 at Ventura, Califomi;
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Edna By^rly
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NOTICE OF ENTRY OF ORDER AND NOTICE OF RE-ASSIGNMENT OF COMPLEX CIVIL CASE
EXHIBiT A
JPERIOR COURT OF CALIFORN.
COUNTY OF SACRAMENTO
GORDON D SCHABER COURTHOUSE
MINUTE ORDER
DATE: 01/15/2020 TiiVIE: 11:02:00 AiVI DEPT: 47
JUDICIAL OFFICER PRESIDING: Russell Hom
CLERK: K. Swift, P. Banl^s
REPORTER/ERM:
BAILIFF/COURT ATTENDANT:
CASE NO: 34-2018-00247272-CU-OE-GDS CASE INIT.DATE: 12/27/2018
CASE TITLE: Boudreau vs. Primeritus Financial Services Inc
CASE CATEGORY: Civil - Unlimited
APPEARANCES
Nature of Proceedings: Order and Notice of Re-Assignment of Complex Civil Case
Pursuant to Califomia Rule of Court 3.734, the complex civil case referenced above is hereby
transferred to Judge David De Alba in Complex Case Management Department 41, effective January
27, 2020, for the limited purposes set forth herein.
This case is assigned for complex case management pursuant to Califomia Rules of Court 3.750, et
seq., and Local Rule 2.46(F). This case is also pre-assigned for trial in the Complex Case Management
Department unless a trial date has been previously set in Department 47 for assignment, in which case,
trial shall remain as set in Department 47. The Complex Case Management Department shall hear any
motions for consolidation, severance, bifurcation, intervention, and to continue trial unless a trial date
has been previously set in Department 47 for assignment, in which case, such motions shall be heard In
Department 47. This constitutes a limited purpose assignment pursuant to California Rule of Court
3.734. Law and motion proceedings shall be heard in the Civil Law and Motion Departments 53/54
pursuant to Local Rule 2.30, et seq., unless othenwise directed by the Complex Case Management
Department.
Any hearing or trial date currently set in Department 14 wili be deemed set in Complex Case
Management Department 41, at the date and time previously indicated unless rescheduled by the Court.
The parties will be notified of any calendaring changes. Commencing January 27, 2020, the parties may
contact the clerk in Complex Case Management Department 41 to schedule proceedings in this matter.
Counsel for Plaintiff is directed to notice all parties of this order.
DATE: 01/15/2020 MINUTE ORDER Pagel
DEPT: 47 Calendar No.
EXHIBIT - A
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO
Gordon D Schaber Courthouse'
720 Ninth STREET
Sacramento. CA 95814-1311
SHORT TITLE: Boudreau vs. Primeritus Financial Services Inc
CASE NUMBER:
C L E R K ' S CERTIFICATE O F S E R V I C E BY MAIL (Minute Order)
34-2018-00247272-CU-OE-GDS
1 certify that I am not a parfy to this cause. I certify that a true copy of the Minute Order was mailed following
standard court practices in a sealed envelope with postage fully prepaid, addressed as Indicated below. The
mailing and this certification occurred at Sacramento, Califomia, on 01/16/2020.
Cleric Ofthe COUK. by: A/'-P-g«"fe
ALEJANDRO P GUTIERREZ
6450 TELEGR/^H ROAD # 200
VENTURA, CA 93006
CLERK'S CERTIFICATE OF SERVICE BY MAIL
Page: 1
V 3 1 0 1 3 a (Juno 2004) . CodsofClvllProcedure,5CCP1013(a)
EXHIBIT - A
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Alejandro P. Gutierrez; SBN 107688 1 agutierrez@hathawaylawfirm. com HATHAWAY, PERRETT, WEBSTER, POWERS, 2 CHRISIMAN & GUTIERREZ, APC 5450 Telegraph Road, Suite 200 3 Ventura, CA 93006-3577 Telephone: (805) 644-7111 4 Facsimile: (805) 644-8296 5 Daniel J. Palay, SBN 159348 djp(^calemploymentcounsel.com 6 Brian D. Hefelfinger, SBN 253054 bdh(^calemploymentcounsel. com 7 PALAY HEFELFINGER, APC 1746 S. Victoria Avenue, Suite 230 8 Ventura, Califomia 93001 Tel: (805) 628-8220 9 Fax: (805) 765-8600 10 Attorneys for Plaintiff John Boudreau and the Certified Class 11 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 FOR THE COUNTY OF SACRAIVIENTO 14 15 JOHN BOUDREAU, an individual, on behalf CASE NO.: 34-2018-00247272 of himself and all others similarly situated, [Complex Civil Case] 16 Complaint filed: Dec. 27,2018 Assigned to Dept. 41, Hon. David De Alba 17 Plaintiffs, NOTICE OF ENTRY OF ORDER AND 18 vs. NOTICE OF RE-ASSIGNMENT OF 19 PRIIVIERITUS FINANCIAL SERVICES, INC., COMPLEX CIVIL CASE 20 a Delaware Corporation; CHRIS MCGUINNESS, an individual; and DOES 1 21 through 10, inclusive. 22 Defendants. 23 24 25 26 27 28 1 OTICE OF ENTRY OF ORDER AND NOTICE OF RE-ASSIGNMENT OF COMPLEX CIVIL CASE 1 TO ALL INTERESTED PARTIES AND TO THEIR ATTORNEYS OF RECORD: 2 Pursuant to the Court Order entered January 16, 2020, this case is now assigned for complex case 3 management and re-assigned to Judge David De Alba in Department 41, of the above entitled 4 courthouse. A true and correct copy of said Order and Notice is attached hereto marked as Exhibit 5 "A" and made a part hereof 6 7 Dated: January 21, 2020 HATHAWAY, PERRETT, WEBSTER, POWERS, 8 CHRISMAN & GUTIERREZ, APC 9 By: 10 Alejandro P. Gutierrez 11 Attomeys for Plaintm John Boudreau and the Certified Class 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE OF ENTRY OF ORDER AND NOTICE OF RE-ASSIGNMENT OF COMPLEX CIVIL CASE 1 PROOF OF SERVICE 2 I am employed in the County of Ventura, State of Califomia. I am over the age of eighteen years 3 and not a party to the within action. My business address is 5450 Telegraph Road, Suite 200, Ventura, CA 93003. 4 Dn the date below, 1 caused to be served a true and correct copy of the foregoing document described as 5 VOTICE OF ENTRY OF ORDER AND NOTICE OF RE-ASSIGNMENT OF COMPLEX CIVIL CASE on the interested parties in this action as follows: 6 7 Keith A. Jacoby Attorneys for Defendants, Primeritus Bradley E. Schwan 8 Littler Mendelson, PC Financial Services and Chris 2049 Century Parle East, 5"" Floor McGinness 9 Los Angeles, CA 90067-3107 Tel: (310) 553-0308 / Fax: (310) 553-5583 10 kjacoby@littler.com/bschwan@littler.com 11 Nathaniel H. Jenkins 12 Littler Mendelson, PC 500 Capitol Mall, Suite 2000 13 Sacramento, CA 95814 Tel: (916) 830-7200 / Fax: (916) 561-0828 14 nj enkins@littler.com 15 [X] BY MAIL: By placing a tme copy thereof enclosed in a sealed envelope addressed to the 16 addressee(s) listed above. 1 am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice, it would be deposited with the U.S. 17 Postal Service on that same date with postage thereon fully prepaid at Ventura, Califomia, in the ordinary course of business. 1 am aware that on motion of the party served, service is presumed 18 invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 19 20 [ ] BY OVERNIGHT DELIVERY: By sending a true copy thereof by ovemight delivery service to the addressee(s) listed above. The envelope was deposited in or with a facility regularly 21 maintained by the ovemight carrier with delivery fees paid or provided for. 22 [X] (State) 1 declare under penalty of perjury under the laws of the State of Califomia that the foregoing is tme and correct. 23 Executed on January 21, 2019 at Ventura, Califomi; 24 25 Edna By^rly 26 27 28 NOTICE OF ENTRY OF ORDER AND NOTICE OF RE-ASSIGNMENT OF COMPLEX CIVIL CASE EXHIBiT A JPERIOR COURT OF CALIFORN. COUNTY OF SACRAMENTO GORDON D SCHABER COURTHOUSE MINUTE ORDER DATE: 01/15/2020 TiiVIE: 11:02:00 AiVI DEPT: 47 JUDICIAL OFFICER PRESIDING: Russell Hom CLERK: K. Swift, P. Banl^s REPORTER/ERM: BAILIFF/COURT ATTENDANT: CASE NO: 34-2018-00247272-CU-OE-GDS CASE INIT.DATE: 12/27/2018 CASE TITLE: Boudreau vs. Primeritus Financial Services Inc CASE CATEGORY: Civil - Unlimited APPEARANCES Nature of Proceedings: Order and Notice of Re-Assignment of Complex Civil Case Pursuant to Califomia Rule of Court 3.734, the complex civil case referenced above is hereby transferred to Judge David De Alba in Complex Case Management Department 41, effective January 27, 2020, for the limited purposes set forth herein. This case is assigned for complex case management pursuant to Califomia Rules of Court 3.750, et seq., and Local Rule 2.46(F). This case is also pre-assigned for trial in the Complex Case Management Department unless a trial date has been previously set in Department 47 for assignment, in which case, trial shall remain as set in Department 47. The Complex Case Management Department shall hear any motions for consolidation, severance, bifurcation, intervention, and to continue trial unless a trial date has been previously set in Department 47 for assignment, in which case, such motions shall be heard In Department 47. This constitutes a limited purpose assignment pursuant to California Rule of Court 3.734. Law and motion proceedings shall be heard in the Civil Law and Motion Departments 53/54 pursuant to Local Rule 2.30, et seq., unless othenwise directed by the Complex Case Management Department. Any hearing or trial date currently set in Department 14 wili be deemed set in Complex Case Management Department 41, at the date and time previously indicated unless rescheduled by the Court. The parties will be notified of any calendaring changes. Commencing January 27, 2020, the parties may contact the clerk in Complex Case Management Department 41 to schedule proceedings in this matter. Counsel for Plaintiff is directed to notice all parties of this order. DATE: 01/15/2020 MINUTE ORDER Pagel DEPT: 47 Calendar No. EXHIBIT - A SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO Gordon D Schaber Courthouse' 720 Ninth STREET Sacramento. CA 95814-1311 SHORT TITLE: Boudreau vs. Primeritus Financial Services Inc CASE NUMBER: C L E R K ' S CERTIFICATE O F S E R V I C E BY MAIL (Minute Order) 34-2018-00247272-CU-OE-GDS 1 certify that I am not a parfy to this cause. I certify that a true copy of the Minute Order was mailed following standard court practices in a sealed envelope with postage fully prepaid, addressed as Indicated below. The mailing and this certification occurred at Sacramento, Califomia, on 01/16/2020. Cleric Ofthe COUK. by: A/'-P-g«"fe ALEJANDRO P GUTIERREZ 6450 TELEGR/^H ROAD # 200 VENTURA, CA 93006 CLERK'S CERTIFICATE OF SERVICE BY MAIL Page: 1 V 3 1 0 1 3 a (Juno 2004) . CodsofClvllProcedure,5CCP1013(a) EXHIBIT - A