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  • Evans, Jordan vs Nicholson, Jason et alcivil document preview
  • Evans, Jordan vs Nicholson, Jason et alcivil document preview
  • Evans, Jordan vs Nicholson, Jason et alcivil document preview
  • Evans, Jordan vs Nicholson, Jason et alcivil document preview
  • Evans, Jordan vs Nicholson, Jason et alcivil document preview
  • Evans, Jordan vs Nicholson, Jason et alcivil document preview
  • Evans, Jordan vs Nicholson, Jason et alcivil document preview
  • Evans, Jordan vs Nicholson, Jason et alcivil document preview
						
                                

Preview

Sup-arm Counter California Benjamin L. Kennedy, State Bar No. 232889 F CountrufBult CARR, KENNEDY, PETERSON & FROST I A Law Corporation 420 Redcliff Drive 10/22/2020 Redding, CA 96002 (530) 222-2100; Fax: (530) 222-0504 Attorneys for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY 0F BUTTE -. JORDAN EVANS, Case No. 19CV03527 Plaintiff, NOTICE OF MOTION AND MOTION FOR SUMMARY ADJUDICATION 0F vs. ISSUES PHOENIX SOLAR ENERGY, LLC, a California limited liability company; Date: January 13, 2021 PHOENIX ENERGY FULFILLMENT, INC., Time: 9:00 am. a California corporation; 10 Dept: JASON NICHOLSON, an individual; and DOES 1 — 25, inclusive, Defendants. TO: DEFENDANTS PHOENIX SOLAR ENERGY, LLC, PHOENIX ENERGY FULFILLMENT, INC. AND JASON NICHOLSON, AND TO THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on January 13, 2021 at 9:00 A.M. in Department 10 in the above-entitled Court, located at 1775 Concord Avenue, Chico, California 95928, Plainti Jordan Evans will move this Court, pursuant to California Code of Civil Procedure Section 43 7c, for summary adjudication of his First Cause of Action for Labor Code Violation for Improper Wage & Hour Practices against Defendants Phoenix Solar Energy, LLC, Phoenix Energy Fulllment, Inc. and Jason Nicholson. Notice of Motion and Motion for Summary Adjudication ' Plaintiff Jordan Evans Ioves for summary adjudication in his favor on the grounds that there is no triable issue as to any material fact with respect to Defendants Phoenix Solar Energy, LLC, Phoenix Energy Fulllment, Inc. and Jason Nicholson duty to pay Plaintiff all commissions owed ($22,275.65), reimbursement of necessary business expenditures ($9,580.00) and related waiting- ' time penalties ($20,360.70). This Motion 'is based upon this Notice of Motion and Motion for Summary Adjudication and the Memorandum of Points and Authorities led concurrently herewith, the Declarations Jordan of Evans and Benj amin L. Kennedy, the Separate Statement of Undisputed Material Facts, the Supporting Evidence and all the Exhibits attached thereto, the pleadings and records herein, and upon such further oral and documentary evidence as may be presented at the time of the hearing on the Motion. T DATED: October 22, 2020. CARR, KENNEDY, PETERSON & FROST By' Benjan’r’i Attorneys for P ntiff rdan Evans Notice of Motion and Motion for Summary Adjudication 2 PROOF OF SERVICE CASE NAME :Evans v. Phoenix Solar Energy, LLC ct a1 COURT :Butte County Superior Court CASE N0. _ :19CVO3527 _ I, the undersigned, declare: I am over the age of eighteen years and not a'party to the cause. I am employed by the law rm of Carr, Kennedy, Peterson & Frost, 420 Redcliff Drive, Reading, California 96002. On this date, I served the documents described as: NOTICE 0F MOTION AND MOTION FOR SUMMARY ADJUDICATION on the interested parties in this matter by placing a true copy thereof in a sealed envelope addressed as follows: Phoenix Solar Energy, LLC Phoenix Energy Fulllment, Inc. c/o Jason Nicholson c/o Jason Nicholson (Agent for Service of Process) (Agent for Service of Process) 18395 Bowman Road 18395 Bowman Road Cottonwood, CA 96022 I Cottonwood, CA 96022 Jason Nicholson 18395 Bowman Road Cottonwood, CA 96022 Service of the above document was e'ectuated by the following means of service: X Bx First Class Mail -- I am readily familiar with this rm's practice for collection and processing of correspondence for mailing with the United States Postal Service. It is deposited with the United States Postal Service in the ordinary course of business on the same day it is processed for mailing. I caused such envelope(s) to be deposited in the mail at Redding, California. The envelope(s) was/were mailed with postage thereon fully prepaid. By Personal Service -- By personally delivering a true copy thereof in a sealed envelope(s). Bx Overnight Delivery Service -- I caused such envelope(s) to be deposited in a box or other facility regularly maintained by the express service carrier or delivered to an authorized courier or driver authorized by the express service carrier to receive documents. The envelope(s) was/were deposited with the express service carrier with delivery fees paid or provided for. Facsimile Transmission -- I served the documents1n this matter via facsimile transmission. Email Transmission -- I served the documents'1n this Via electronic mail. matter Proof of Service 1 I—n State Court -- I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that service was made under the direction of an active member of the State Bar of California and who is not a party to the cause. DJ'N Federal Court -- I declare under penalty of perjury that the foregoing is true and correct and that service was made under the direction of a member of the A bar ofthis Court who is admitted to practice and is not a party to the cause. U'I of October, 2020, at Redding, California; ON Executed this 22nd day m \D Proof of Service