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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