Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Mark D. Kruthers, Esq. #179750 G. Andrew Slater, Esq. #238126
Dowling Aaron Incorporated E-FILED
8080 North Palm Avenue, Third Floor
9/30/2020 12:50 PM
Fresno, CA 93722
Superior Court of California
TELEPHONE NO.: (559) 432-4500 FAX NO. (Optional): (559) 432-4590
County of Fresno
E-MAIL ADDRESS (Optional): mkruthers@dowlingaaron.com; aslater@dowlingaaron.com
By: R Smith, Deputy
ATTORNEY FOR (Name): Defendants DALE CANTRELL and CHARLIE POWER
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Fresno
STREET ADDRESS: 1130 "O" Street
MAILING ADDRESS:
Fresno, CA
CITY AND ZIP CODE: 93711
BRANCH NAME:
PLAINTIFF/PETITIONER: James Files
DEFENDANT/RESPONDENT: RV Country, Inc., et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
19CECG04131
(Check one): UNLIMITED CASE LIMITED CASE
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: October 20, 2020 Time: 1:30 p.m. Dept.: 402 Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Mark D. Kruthers, Esq.
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. This statement is submitted by party (name): Defendants DALE CANTRELL and CHARLIE POWER
b. This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date):
b. The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. The following parties named in the complaint or cross-complaint
(1) have not been served (specify names and explain why not):
(2) have been served but have not appeared and have not been dismissed (specify names):
(3) have had a default entered against them (specify names):
c. The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
4. Description of case
a. Type of case in complaint cross-complaint (Describe, including causes of action):
Claims for wages and penalties owed.
Page 1 of 5
Form Adopted for Mandatory Use Cal. Rules of Court,
Judicial Council of California
CASE MANAGEMENT STATEMENT rules 3.720–3.730
CM-110 [Rev. July 1, 2011] www.courts.ca.gov
American LegalNet, Inc.
www.FormsWorkFlow.com
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: James Files
19CECG04131
DEFENDANT/RESPONDENT: RV Country, Inc., et al.
4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost
earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
Plaintiff claims he was not properly paid commissions and did not receive required meal/rest periods.
(If more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request a jury triaI a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. The trial has been set for (date):
b. No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if
not, explain): Complex matter which needs to be consolidated with multiple other pending actions.
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number): 14
b. hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial by the attorney or party listed in the caption by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
Additional representation is described in Attachment 8.
9. Preference
This case is entitled to preference (specify code section):
10. Alternative dispute resolution (ADR)
a. ADR information package. Please note that different ADR processes are available in different courts and communities; read
the ADR information package provided by the court under rule 3.221 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel has has not provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party has has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
(2) Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of
Civil Procedure section 1141.11.
(3) This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CM-110 [Rev. July 1, 2011] Page 2 of 5
CASE MANAGEMENT STATEMENT
American LegalNet, Inc.
www.FormsWorkFlow.com
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: James Files
19CECG04131
DEFENDANT/RESPONDENT: RV Country, Inc., et al.
10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or
have already participated in (check all that apply and provide the specified information):
The party or parties completing If the party or parties completing this form in the case have agreed to
this form are willing to participate in or have already completed an ADR process or processes,
participate in the following ADR indicate the status of the processes (attach a copy of the parties' ADR
processes (check all that apply): stipulation):
Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
conference
Agreed to complete settlement conference by (date) :
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
(4) Nonbinding judicial Judicial arbitration scheduled for (date):
arbitration
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private Private arbitration scheduled for (date):
arbitration
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
(6) Other (specify): ADR session scheduled for (date):
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-110 [Rev. July 1, 2011] Page 3 of 5
CASE MANAGEMENT STATEMENT
American LegalNet, Inc.
www.FormsWorkFlow.com
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: James Files
19CECG04131
DEFENDANT/RESPONDENT: RV Country, Inc., et al.
11. Insurance
a. Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: Yes No
c. Coverage issues will significantly affect resolution of this case (explain):
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
Bankruptcy Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. There are companion, underlying, or related cases.
(1) Name of case: See attached
(2) Name of court:
(3) Case number:
(4) Status:
Additional cases are described in Attachment 13a.
b. A motion to consolidate coordinate wiII be filed by (name party):
14. Bifurcation
The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of
action (specify moving party, type of motion, and reasons):
Bifurcate liability and damages; bifurcate issue of individual liability.
15. Other motions
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Summary judgment/adjudication
16. Discovery
a. The party or parties have completed all discovery.
b The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Defendants Written Discovery Per statute
Defendants Depositions Per statute
Defendants Expert Discovery Per statute
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Overbroad discovery requests
CM-110 [Rev. July 1, 2011] Page 4 of 5
CASE MANAGEMENT STATEMENT
American LegalNet, Inc.
www.FormsWorkFlow.com
cM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: JAMCS FiICS
19CECG04131
oereruon¡¡r/RESPONDENf: RV Country, lnc., et al.
17. Economic litigation
a. ! fnis is a limited civil case (i.e., the amount demandedis $25,000 or less) and the economic litigation proceduresin Code
of Civil Proceduresections 90-98 will apply to this case.
b. ! fnis the case from the economic litigation procedures
is a limited civil case and a motion to withdraw or for additional
discovery will be filed (if checked, explain
specifically why economic procedures relating
litigation to discovery or trial
should not apply to this case):
18. Other issues
n The party or partiesrequest be considered or determined
that the following additional matters at the case management
conference (specify):
19. Meetand confer
a. X fne party or partieshave met and conferred with all parties on all subjects
required by rule 3124 of lhe California Rules of
Courl (if not, explain):
b. After meeting and conferring as required by rule 3124 ol the California Rules of Court, the parties
agree on the following
(specify):
20. Total number of pages attached (if any): 4
I am completely familiar with this case and will be fully prepared
to discuss the status of discovery and alternative
dispute resolution,
as well as other issues raised by this statement, and will possess to enter into stipulations on these issues at the time of
the authority
the case management conference, including of the party where required.
the written authority
Date: September 30, 2020
Mark D. Kruthers
(TYPE OR PRINT NAME) OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATUREOF PARTY OR ATTORNEY)
n ROO¡tional signatures are attached
CM-110 [Rev. July '1, 20111 Pag€ 5 of 5
CASE MANAGEMENT STATEMENT
Americfln LegalNet, Inc.
@
\w.FormsWorkFlow.com
CASE NUMBER:
SHORT TITLE: James Files v. RV Country, Inc., et al.
19CECG04131
1 Attachment 13a
I. Patrick Fraser and Jerold Wight v. RV Country, Inc., Charles E. Curtis, Oasis Outsourcing III. Inc.
2
• Filed May 20, 2019
3 • Case No. 19CECG01717
• Superior Court of California, County of Fresno
4 1130 "O" Street, Fresno, CA 93724-0002
Assigned for all purposes to Hon. Donald Black
5 • Unlimited Civil Case, not designated as complex
6 This case involves claims brought by Patrick Fraser and Jerold Wight against their former employer, RV
Country, Inc., and its owner, officer and/or director, Charles E. Curtis. Plaintiffs also sued, and subsequently
7 dismissed, Oasis Outsourcing III, Inc., a Professional Employer Organization (PEO) that was a co-employer of RV
Country's employees. Plaintiffs' proposed Second Amended Complaint alleges causes of action for (1) Breach of
8 Contract; (2) Open Book Account; (3) Account Stated; (4) Failure to Furnish Accurate Wage Statements; (5) Waiting
Time Penalties; (6) Negligence; (7) Failure to Reimburse Expenses; (8) Unfair Competition Based on Non-Payment
9 of Wages; (9) Violation of Labor Code § 226.7 (Meal Breaks); (10) Violation of Labor Code § 226.7 (Rest Period
Breaks); (11) Penalty Assessment Under Labor Code §§ 203, 226.3 and 226; (12) Fraud; and (13) Violation of Penal
10 Code § 496. On November 4, 2019, Defendants appealed the Court's order denying Defendants' Petition to Compel
Arbitration, which is pending in the California Court of Appeal, 5th Appellate District, Case No. F080279.
11
This case overlaps with and is relatable to the other cases because it involves the same or similar parties
12 and arises from the same or substantially identical transactions, incidents, or events requiring the determination of
the same or substantially identical questions of law or fact.
13 II. Patrick Fraser and Jerold Wight v. RV Country, Inc., Charles E. Curtis, Oasis Outsourcing III, Inc.
14 • Filed November 4, 2019
• Case No. F080279
15
• California Court of Appeal, 5th Appellate District
2424 Ventura Street
16
Fresno, CA 93721
• Appeal of Fraser v. RV Country. Inc., Fresno County Superior Court Case No 19CECG01717
17
18 This case involves claims brought by Patrick Fraser and Jerold Wight against their former employer, RV
Country, Inc., and its owner, officer and/or director, Charles E. Curtis. On November 4, 2019, Defendants appealed
19 the Fresno County Superior Court's order denying Defendants' Petition to Compel Arbitration in Case No.
19CECG01717.
20 This case overlaps with and is relatable to the other cases because it involves the same or similar parties
and arises from the same or substantially identical transactions, incidents, or events requiring the determination of
21 the same or substantially identical questions of law or fact.
22
23
24
25
26 (Required for verified pleading) The items on this page stated on information and belief are (specify item numbers, not line
numbers):
27 This page may be used with any Judicial Council form or any other paper filed with the court. Page 6
Form Approved by the ADDITIONAL PAGE
Judicial Council of California CRC 201, 501
MC-020 [New January 1, 1987] Attach to Judicial Council Form or Other Court Paper American LegalNet, Inc.
www.USCourtForms.com
CASE NUMBER:
SHORT TITLE: James Files v. RV Country, Inc., et al.
19CECG04131
1 Attachment 13a
(Contined)
2
III. James Files v. RV Country, Inc., Charles E. Curtis, Dale Cantrell, Paul Everet, Charlie Power
3
• Filed November 14, 2019
4 • Case No. 19CECG0413l
• Superior Court of California, County of Fresno
5 1130 "O" Street
Fresno, CA 93724-0002
6 • Assigned for all purposes to Hon. Kimberly Gaab
• Unlimited Civil Case, not designated as complex
7
This case involves claims brought by James Files against his former employer, RV Country, Inc., and its
8 owners, officers and/or directors, Charles E. Curtis, Dale Cantrell, Paul Evert, and Charlie Power. Plaintiff’s
Complaint alleges causes of action for (1) Breach of Contract; (2) Open Book Account; (3) Account Stated; (4) Failure
9 to Furnish Accurate Wage Statements; (5) Unfair Competition Based on Non-Payment of Wages; (6) Negligence;
(7) Failure to Reimburse Expenses; (8) Violation of Labor Code § 226.7 (Meal Breaks); (9) Violation of Labor Code
10 § 226.7 (Rest Period Breaks); (10) Penalty Assessment Under Labor Code §§ 203, 226.3 and 226; (11) Unfair
Competition Based on Non-Payment of Wages; (12) Fraud; (13) Violation of Penal Code § 496; and (14) Waiting
11 Time Penalties.
12 This case overlaps with and is relatable to the other cases because it involves the same or similar parties
and arises from the same or substantially identical transactions, incidents, or events requiring the determination of
13 the same or substantially identical questions of law or fact.
IV. Duane Hayes, Jack Goode, Ronald Mealey v. RV Country, Inc., Charles E. Curtis, Dale Cantrell,
14 Paul Everet, Charlie Power
15 • Filed November 14, 2019
• Case No. 19CECG04136
16 • Superior Court of California, County of Fresno
1130 "O" Street
17 Fresno, CA 93724-0002
• Assigned for all purposes to Hon. Jeffrey Y. Hamilton
18
• Unlimited Civil Case, not designated as complex
19
This case involves claims brought by Duane Hayes, Jack Goode, Ronald Mealey against their former
employer, RV Country, Inc., and its owners, officers and/or directors, Charles E. Curtis, Dale Cantrell, Paul Evert,
20
and Charlie Power. Plaintiffs' Complaint alleges causes of action for (1) Breach of Contract; (2) Open Book Account;
(3) Account Stated; (4) Failure to Furnish Accurate Wage Statements; (5) Unfair Competition Based on Non-Payment
21
of Wages; (6) Negligence; (7) Failure to Reimburse Expenses; (8) Violation of Labor Code § 226.7 (Meal Breaks);
(9) Violation of Labor Code § 226.7 (Rest Period Breaks); (10) Penalty Assessment Under Labor Code §§ 203, 226.3
22
and 226; (11) Unfair Competition Based on Non-Payment of Wages; (12) Fraud; and (13) Violation of Penal Code §
496.
23
This case overlaps with and is relatable to the other cases because it involves the same or similar parties
24 and arises from the same or substantially identical transactions, incidents, or events requiring the determination of
the same or substantially identical questions of law or fact.
25
26 (Required for verified pleading) The items on this page stated on information and belief are (specify item numbers, not line
numbers):
27 This page may be used with any Judicial Council form or any other paper filed with the court. Page 7
Form Approved by the ADDITIONAL PAGE
Judicial Council of California CRC 201, 501
MC-020 [New January 1, 1987] Attach to Judicial Council Form or Other Court Paper American LegalNet, Inc.
www.USCourtForms.com
CASE NUMBER:
SHORT TITLE: James Files v. RV Country, Inc., et al.
19CECG04131
Attachment 13a
(Contined)
1
V. Darrell Starnes and Jonathan Starnes v. RV Country, Inc., Charles E. Curtis, Dale Cantrell, Paul
Everet, Charlie Power
2
3 • Filed November 14, 2019
• Case No. 19CECG04139
4 • Superior Court of California, County of Fresno
1130 "O" Street
5 Fresno, CA 93724-0002
• Assigned for all purposes to Hon. Rosemary McGuire
6 • Unlimited Civil Case, not designated as complex
7 This case involves claims brought by Darrell Starnes and Jonathan Starnes against their former employer,
RV Country, Inc., and its owners, officers and/or directors, Charles E. Curtis, Dale Cantrell, Paul Evert, and
8 Charlie Power. Plaintiffs' Complaint alleges causes of action for (1) Breach of Contract; (2) Open Book Account;
(3) Account Stated; (4) Failure to Furnish Accurate Wage Statements; (5) Unfair Competition Based on Non-
9 Payment of Wages; (6) Negligence; (7) Failure to Reimburse Expenses; (8) Violation of Labor Code § 226.7
(Meal Breaks); (9) Violation of Labor Code § 226.7 (Rest Period Breaks); (10) Penalty Assessment Under Labor
10 Code §§ 203, 226.3 and 226; (11) Unfair Competition Based on Non-Payment of Wages; (12) Fraud; and (13)
Violation of Penal Code § 496.
11 This case overlaps with and is relatable to the other cases because it involves the same or similar parties
and arises from the same or substantially identical transactions, incidents, or events requiring the determination
12 of the same or substantially identical questions of law or fact.
13
VI. Neil Penny, Elmer Arthur Davis and Roberto Caraveo v. RV Country, Inc., Charles E. Curtis, Dale
Cantrell, Paul Everet, Charlie Power
14
• Filed November 20, 2019
15
• Case No. 19CECG04182
16 • Superior Court of California, County of Fresno
1130 "O" Street
17 Fresno, CA 93724-0002
• Assigned for all purposes to Hon. Kimberly Gaab
18 • Unlimited Civil Case, not designated as complex
19 This case involves claims brought by Neil Penny, Elmer Arthur Davis and Roberto Caraveo against their
former employer, RV Country, Inc., and its owners, officers and/or directors, Charles E. Curtis, Dale Cantrell,
20 Paul Evert, and Charlie Power. Plaintiffs' Complaint alleges causes of action for (1) Breach of Contract; (2) Open
Book Account; (3) Account Stated; (4) Failure to Furnish Accurate Wage Statements; (5) Unfair Competition
21 Based on Non- Payment of Wages; (6) Negligence; (7) Failure to Reimburse Expenses; (8) Violation of Labor
Code § 226.7 (Meal Breaks); (9) Violation of Labor Code § 226.7 (Rest Period Breaks); (10) Penalty Assessment
22 Under Labor Code §§ 203, 226.3 and 226; (11) Unfair Competition Based on Non-Payment of Wages; (12)
Fraud; (13) Violation of Penal Code § 496; and (14) Waiting Time Penalties.
23
This case overlaps with and is relatable to the other cases because it involves the same or similar parties
24 and arises from the same or substantially identical transactions, incidents, or events requiring the determination
of the same or substantially identical questions of law or fact.
25
(Required for verified pleading) The items on this page stated on information and belief are (specify item numbers, not line
26 numbers):
This page may be used with any Judicial Council form or any other paper filed with the court. Page 8
27
Form Approved by the ADDITIONAL PAGE
Judicial Council of California CRC 201, 501
MC-020 [New January 1, 1987] Attach to Judicial Council Form or Other Court Paper American LegalNet, Inc.
www.USCourtForms.com
CASE NUMBER:
SHORT TITLE: James Files v. RV Country, Inc., et al.
19CECG04131
1
Attachment 13a
2 (Continued)
3 VII. Cesar Gustavo Picone v. RV Country, Inc., Charles E. Curtis, Dale Cantrell, Paul Everet, Charlie Power
• Filed December 2, 2019
4 • Case No. 19CECG04338
• Superior Court of California, County of Fresno
5 1130 "O" Street
Fresno, CA 93724-0002
6
• Assigned for all purposes to Hon. Alan Simpson
• Unlimited Civil Case, not designated as complex
7
This case involves claims brought by Cesar Gustavo Picone against his former employer, RV Country, Inc.,
8 and its owners, officers and/or directors, Charles E. Curtis, Dale Cantrell, Paul Evert, and Charlie Power. Plaintiff s
Complaint alleges causes of action for (l) Breach of Contract; (2) Open Book Account; (3) Account Stated; (4) Failure
9 to Furnish Accurate Wage Statements; (5) Unfair Competition Based on Non-Payment of Wages; (6) Negligence;
(7) Failure to Reimburse Expenses; (8) Violation of Labor Code § 226.7 (Meal Breaks); (9) Violation of Labor Code
10 § 226.7 (Rest Period Breaks); (10) Penalty Assessment Under Labor Code §§ 203, 226.3 and 226; (11) Unfair
Competition Based on Non-Payment of Wages; (12) Fraud; and (13) Violation of Penal Code § 496.
11
This case overlaps with and is relatable to the other cases because it involves the same or similar parties
and arises from the same or substantially identical transactions, incidents, or events requiring the determination of
12
the same or substantially identical questions of law or fact.
13
14
15
16
17
18
19
20
21
22
23
24
25
26 (Required for verified pleading) The items on this page stated on information and belief are (specify item numbers, not line
numbers):
27 This page may be used with any Judicial Council form or any other paper filed with the court. Page 9
Form Approved by the ADDITIONAL PAGE
Judicial Council of California CRC 201, 501
MC-020 [New January 1, 1987] Attach to Judicial Council Form or Other Court Paper American LegalNet, Inc.
www.USCourtForms.com
I PROOF OF SERVICE BY MAIL
2 STATE OF CALIFORNIA, COUNTY OF FRESNO
J I am employed in the County of Fresno County, State of California. I am over the
age of l8 and not a party to the within action; my business address is 8080 North Palm Avenue,
4 Third Floor, Fresno, California 93711.
5 On September 30, 2020, I served the foregoing document(s) described ry
DEFENDANTS DALE CANTRELL'S AND CHARLIE PO\ilER'S CASE MANAGEMENT
6 STATEMENT on the interested parties in this action addressed as follows:
7 Brian D. Whelan, Esq. Jeffrey S. Ranen, Esq.
Whelan Law Group, A Professional Lewis Brisbois Bisgaard & Smith, LLP
8
Corporation 633 V/est 5th Street, Suite 4000
9
1827 E. Fir Avenue, Suite 110 Los Angeles, CA 90071
Fresno, CA 93720 Phone: (213) 250-1800
10 Phone: (559) 437-1079 Fax: (213)250-7900
Fax: (559) 437-1720 Email : JeffreyRanen@lewisbrisbois.com
t1 Email: brian@whelanlawgroup.com
T2
Attorneys þr Defendants
Attorneys for P laintiff RV COUNTRY,INC. and CHARLES E.
JAMES FILES CURTIS
13
T4 James H. V/ilkins, Esq.
Wilkins, Drolshagen & Czeshinski LLP
15 6785 N. Willow Ave.
Fresno, CA 93710
t6 Phone: (559) 438-2390
I7 Fax: (559) 438-2393
18 Attorneys þr Defendant
PAUL EVERT
l9
20
Said service was made by placing true copies thereof enclosed in a sealed
2T envelope(s) addressed as stated above AND,
22 ¡ Depositing the sealed envelope with the United States Postal Service with the postage fully
prepaid.
23
E Placing the envelope for collection and mailing on the date and at our business address
24 following our ordinãry business practices. I am readily familiar with this business'spractice
for collecting and processing conespondence for mailing. On the same day that
25 correspondence is placed for collection and mailing, itis deposited in the ordinary course
of business with ttie United States Postal Service in a sealed envelope with postage fully
26 prepaid.
27 I declare under penalty of perjury under the laws of the State of California that the
above is true and correct.
28
DOWLINGIAARON
1 I declare that I am employed in the office of a member of the bar of this court at
whose direction the service was made.
2
Executed on September 30, 2020, at Fresno,
a
J
4
5
6
7
8
9
10
l1
t2
13
T4
15
T6
t7
18
t9
20
2t
22
23
24
25
26
27
28
2
DOWLINGIAARON
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Mark D. Kruthers, Esq. #179750 G. Andrew Slater, Esq. #238126 Dowling Aaron Incorporated E-FILED 8080 North Palm Avenue, Third Floor 9/30/2020 12:50 PM Fresno, CA 93722 Superior Court of California TELEPHONE NO.: (559) 432-4500 FAX NO. (Optional): (559) 432-4590 County of Fresno E-MAIL ADDRESS (Optional): mkruthers@dowlingaaron.com; aslater@dowlingaaron.com By: R Smith, Deputy ATTORNEY FOR (Name): Defendants DALE CANTRELL and CHARLIE POWER SUPERIOR COURT OF CALIFORNIA, COUNTY OF Fresno STREET ADDRESS: 1130 "O" Street MAILING ADDRESS: Fresno, CA CITY AND ZIP CODE: 93711 BRANCH NAME: PLAINTIFF/PETITIONER: James Files DEFENDANT/RESPONDENT: RV Country, Inc., et al. CASE MANAGEMENT STATEMENT CASE NUMBER: 19CECG04131 (Check one): UNLIMITED CASE LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: October 20, 2020 Time: 1:30 p.m. Dept.: 402 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Mark D. Kruthers, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. This statement is submitted by party (name): Defendants DALE CANTRELL and CHARLIE POWER b. This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): b. The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. The following parties named in the complaint or cross-complaint (1) have not been served (specify names and explain why not): (2) have been served but have not appeared and have not been dismissed (specify names): (3) have had a default entered against them (specify names): c. The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a. Type of case in complaint cross-complaint (Describe, including causes of action): Claims for wages and penalties owed. Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720–3.730 CM-110 [Rev. July 1, 2011] www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: James Files 19CECG04131 DEFENDANT/RESPONDENT: RV Country, Inc., et al. 4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Plaintiff claims he was not properly paid commissions and did not receive required meal/rest periods. (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request a jury triaI a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. The trial has been set for (date): b. No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): Complex matter which needs to be consolidated with multiple other pending actions. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 14 b. hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial by the attorney or party listed in the caption by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: Additional representation is described in Attachment 8. 9. Preference This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel has has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party has has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3) This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110 [Rev. July 1, 2011] Page 2 of 5 CASE MANAGEMENT STATEMENT American LegalNet, Inc. www.FormsWorkFlow.com CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: James Files 19CECG04131 DEFENDANT/RESPONDENT: RV Country, Inc., et al. 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check all that apply and provide the specified information): The party or parties completing If the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parties' ADR processes (check all that apply): stipulation): Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date) : Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled (6) Other (specify): ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT American LegalNet, Inc. www.FormsWorkFlow.com CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: James Files 19CECG04131 DEFENDANT/RESPONDENT: RV Country, Inc., et al. 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: Yes No c. Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. Bankruptcy Other (specify): Status: 13. Related cases, consolidation, and coordination a. There are companion, underlying, or related cases. (1) Name of case: See attached (2) Name of court: (3) Case number: (4) Status: Additional cases are described in Attachment 13a. b. A motion to consolidate coordinate wiII be filed by (name party): 14. Bifurcation The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): Bifurcate liability and damages; bifurcate issue of individual liability. 15. Other motions The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Summary judgment/adjudication 16. Discovery a. The party or parties have completed all discovery. b The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Defendants Written Discovery Per statute Defendants Depositions Per statute Defendants Expert Discovery Per statute c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Overbroad discovery requests CM-110 [Rev. July 1, 2011] Page 4 of 5 CASE MANAGEMENT STATEMENT American LegalNet, Inc. www.FormsWorkFlow.com cM-110 CASE NUMBER: PLAINTIFF/PETITIONER: JAMCS FiICS 19CECG04131 oereruon¡¡r/RESPONDENf: RV Country, lnc., et al. 17. Economic litigation a. ! fnis is a limited civil case (i.e., the amount demandedis $25,000 or less) and the economic litigation proceduresin Code of Civil Proceduresections 90-98 will apply to this case. b. ! fnis the case from the economic litigation procedures is a limited civil case and a motion to withdraw or for additional discovery will be filed (if checked, explain specifically why economic procedures relating litigation to discovery or trial should not apply to this case): 18. Other issues n The party or partiesrequest be considered or determined that the following additional matters at the case management conference (specify): 19. Meetand confer a. X fne party or partieshave met and conferred with all parties on all subjects required by rule 3124 of lhe California Rules of Courl (if not, explain): b. After meeting and conferring as required by rule 3124 ol the California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): 4 I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess to enter into stipulations on these issues at the time of the authority the case management conference, including of the party where required. the written authority Date: September 30, 2020 Mark D. Kruthers (TYPE OR PRINT NAME) OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATUREOF PARTY OR ATTORNEY) n ROO¡tional signatures are attached CM-110 [Rev. July '1, 20111 Pag€ 5 of 5 CASE MANAGEMENT STATEMENT Americfln LegalNet, Inc. @ \w.FormsWorkFlow.com CASE NUMBER: SHORT TITLE: James Files v. RV Country, Inc., et al. 19CECG04131 1 Attachment 13a I. Patrick Fraser and Jerold Wight v. RV Country, Inc., Charles E. Curtis, Oasis Outsourcing III. Inc. 2 • Filed May 20, 2019 3 • Case No. 19CECG01717 • Superior Court of California, County of Fresno 4 1130 "O" Street, Fresno, CA 93724-0002 Assigned for all purposes to Hon. Donald Black 5 • Unlimited Civil Case, not designated as complex 6 This case involves claims brought by Patrick Fraser and Jerold Wight against their former employer, RV Country, Inc., and its owner, officer and/or director, Charles E. Curtis. Plaintiffs also sued, and subsequently 7 dismissed, Oasis Outsourcing III, Inc., a Professional Employer Organization (PEO) that was a co-employer of RV Country's employees. Plaintiffs' proposed Second Amended Complaint alleges causes of action for (1) Breach of 8 Contract; (2) Open Book Account; (3) Account Stated; (4) Failure to Furnish Accurate Wage Statements; (5) Waiting Time Penalties; (6) Negligence; (7) Failure to Reimburse Expenses; (8) Unfair Competition Based on Non-Payment 9 of Wages; (9) Violation of Labor Code § 226.7 (Meal Breaks); (10) Violation of Labor Code § 226.7 (Rest Period Breaks); (11) Penalty Assessment Under Labor Code §§ 203, 226.3 and 226; (12) Fraud; and (13) Violation of Penal 10 Code § 496. On November 4, 2019, Defendants appealed the Court's order denying Defendants' Petition to Compel Arbitration, which is pending in the California Court of Appeal, 5th Appellate District, Case No. F080279. 11 This case overlaps with and is relatable to the other cases because it involves the same or similar parties 12 and arises from the same or substantially identical transactions, incidents, or events requiring the determination of the same or substantially identical questions of law or fact. 13 II. Patrick Fraser and Jerold Wight v. RV Country, Inc., Charles E. Curtis, Oasis Outsourcing III, Inc. 14 • Filed November 4, 2019 • Case No. F080279 15 • California Court of Appeal, 5th Appellate District 2424 Ventura Street 16 Fresno, CA 93721 • Appeal of Fraser v. RV Country. Inc., Fresno County Superior Court Case No 19CECG01717 17 18 This case involves claims brought by Patrick Fraser and Jerold Wight against their former employer, RV Country, Inc., and its owner, officer and/or director, Charles E. Curtis. On November 4, 2019, Defendants appealed 19 the Fresno County Superior Court's order denying Defendants' Petition to Compel Arbitration in Case No. 19CECG01717. 20 This case overlaps with and is relatable to the other cases because it involves the same or similar parties and arises from the same or substantially identical transactions, incidents, or events requiring the determination of 21 the same or substantially identical questions of law or fact. 22 23 24 25 26 (Required for verified pleading) The items on this page stated on information and belief are (specify item numbers, not line numbers): 27 This page may be used with any Judicial Council form or any other paper filed with the court. Page 6 Form Approved by the ADDITIONAL PAGE Judicial Council of California CRC 201, 501 MC-020 [New January 1, 1987] Attach to Judicial Council Form or Other Court Paper American LegalNet, Inc. www.USCourtForms.com CASE NUMBER: SHORT TITLE: James Files v. RV Country, Inc., et al. 19CECG04131 1 Attachment 13a (Contined) 2 III. James Files v. RV Country, Inc., Charles E. Curtis, Dale Cantrell, Paul Everet, Charlie Power 3 • Filed November 14, 2019 4 • Case No. 19CECG0413l • Superior Court of California, County of Fresno 5 1130 "O" Street Fresno, CA 93724-0002 6 • Assigned for all purposes to Hon. Kimberly Gaab • Unlimited Civil Case, not designated as complex 7 This case involves claims brought by James Files against his former employer, RV Country, Inc., and its 8 owners, officers and/or directors, Charles E. Curtis, Dale Cantrell, Paul Evert, and Charlie Power. Plaintiff’s Complaint alleges causes of action for (1) Breach of Contract; (2) Open Book Account; (3) Account Stated; (4) Failure 9 to Furnish Accurate Wage Statements; (5) Unfair Competition Based on Non-Payment of Wages; (6) Negligence; (7) Failure to Reimburse Expenses; (8) Violation of Labor Code § 226.7 (Meal Breaks); (9) Violation of Labor Code 10 § 226.7 (Rest Period Breaks); (10) Penalty Assessment Under Labor Code §§ 203, 226.3 and 226; (11) Unfair Competition Based on Non-Payment of Wages; (12) Fraud; (13) Violation of Penal Code § 496; and (14) Waiting 11 Time Penalties. 12 This case overlaps with and is relatable to the other cases because it involves the same or similar parties and arises from the same or substantially identical transactions, incidents, or events requiring the determination of 13 the same or substantially identical questions of law or fact. IV. Duane Hayes, Jack Goode, Ronald Mealey v. RV Country, Inc., Charles E. Curtis, Dale Cantrell, 14 Paul Everet, Charlie Power 15 • Filed November 14, 2019 • Case No. 19CECG04136 16 • Superior Court of California, County of Fresno 1130 "O" Street 17 Fresno, CA 93724-0002 • Assigned for all purposes to Hon. Jeffrey Y. Hamilton 18 • Unlimited Civil Case, not designated as complex 19 This case involves claims brought by Duane Hayes, Jack Goode, Ronald Mealey against their former employer, RV Country, Inc., and its owners, officers and/or directors, Charles E. Curtis, Dale Cantrell, Paul Evert, 20 and Charlie Power. Plaintiffs' Complaint alleges causes of action for (1) Breach of Contract; (2) Open Book Account; (3) Account Stated; (4) Failure to Furnish Accurate Wage Statements; (5) Unfair Competition Based on Non-Payment 21 of Wages; (6) Negligence; (7) Failure to Reimburse Expenses; (8) Violation of Labor Code § 226.7 (Meal Breaks); (9) Violation of Labor Code § 226.7 (Rest Period Breaks); (10) Penalty Assessment Under Labor Code §§ 203, 226.3 22 and 226; (11) Unfair Competition Based on Non-Payment of Wages; (12) Fraud; and (13) Violation of Penal Code § 496. 23 This case overlaps with and is relatable to the other cases because it involves the same or similar parties 24 and arises from the same or substantially identical transactions, incidents, or events requiring the determination of the same or substantially identical questions of law or fact. 25 26 (Required for verified pleading) The items on this page stated on information and belief are (specify item numbers, not line numbers): 27 This page may be used with any Judicial Council form or any other paper filed with the court. Page 7 Form Approved by the ADDITIONAL PAGE Judicial Council of California CRC 201, 501 MC-020 [New January 1, 1987] Attach to Judicial Council Form or Other Court Paper American LegalNet, Inc. www.USCourtForms.com CASE NUMBER: SHORT TITLE: James Files v. RV Country, Inc., et al. 19CECG04131 Attachment 13a (Contined) 1 V. Darrell Starnes and Jonathan Starnes v. RV Country, Inc., Charles E. Curtis, Dale Cantrell, Paul Everet, Charlie Power 2 3 • Filed November 14, 2019 • Case No. 19CECG04139 4 • Superior Court of California, County of Fresno 1130 "O" Street 5 Fresno, CA 93724-0002 • Assigned for all purposes to Hon. Rosemary McGuire 6 • Unlimited Civil Case, not designated as complex 7 This case involves claims brought by Darrell Starnes and Jonathan Starnes against their former employer, RV Country, Inc., and its owners, officers and/or directors, Charles E. Curtis, Dale Cantrell, Paul Evert, and 8 Charlie Power. Plaintiffs' Complaint alleges causes of action for (1) Breach of Contract; (2) Open Book Account; (3) Account Stated; (4) Failure to Furnish Accurate Wage Statements; (5) Unfair Competition Based on Non- 9 Payment of Wages; (6) Negligence; (7) Failure to Reimburse Expenses; (8) Violation of Labor Code § 226.7 (Meal Breaks); (9) Violation of Labor Code § 226.7 (Rest Period Breaks); (10) Penalty Assessment Under Labor 10 Code §§ 203, 226.3 and 226; (11) Unfair Competition Based on Non-Payment of Wages; (12) Fraud; and (13) Violation of Penal Code § 496. 11 This case overlaps with and is relatable to the other cases because it involves the same or similar parties and arises from the same or substantially identical transactions, incidents, or events requiring the determination 12 of the same or substantially identical questions of law or fact. 13 VI. Neil Penny, Elmer Arthur Davis and Roberto Caraveo v. RV Country, Inc., Charles E. Curtis, Dale Cantrell, Paul Everet, Charlie Power 14 • Filed November 20, 2019 15 • Case No. 19CECG04182 16 • Superior Court of California, County of Fresno 1130 "O" Street 17 Fresno, CA 93724-0002 • Assigned for all purposes to Hon. Kimberly Gaab 18 • Unlimited Civil Case, not designated as complex 19 This case involves claims brought by Neil Penny, Elmer Arthur Davis and Roberto Caraveo against their former employer, RV Country, Inc., and its owners, officers and/or directors, Charles E. Curtis, Dale Cantrell, 20 Paul Evert, and Charlie Power. Plaintiffs' Complaint alleges causes of action for (1) Breach of Contract; (2) Open Book Account; (3) Account Stated; (4) Failure to Furnish Accurate Wage Statements; (5) Unfair Competition 21 Based on Non- Payment of Wages; (6) Negligence; (7) Failure to Reimburse Expenses; (8) Violation of Labor Code § 226.7 (Meal Breaks); (9) Violation of Labor Code § 226.7 (Rest Period Breaks); (10) Penalty Assessment 22 Under Labor Code §§ 203, 226.3 and 226; (11) Unfair Competition Based on Non-Payment of Wages; (12) Fraud; (13) Violation of Penal Code § 496; and (14) Waiting Time Penalties. 23 This case overlaps with and is relatable to the other cases because it involves the same or similar parties 24 and arises from the same or substantially identical transactions, incidents, or events requiring the determination of the same or substantially identical questions of law or fact. 25 (Required for verified pleading) The items on this page stated on information and belief are (specify item numbers, not line 26 numbers): This page may be used with any Judicial Council form or any other paper filed with the court. Page 8 27 Form Approved by the ADDITIONAL PAGE Judicial Council of California CRC 201, 501 MC-020 [New January 1, 1987] Attach to Judicial Council Form or Other Court Paper American LegalNet, Inc. www.USCourtForms.com CASE NUMBER: SHORT TITLE: James Files v. RV Country, Inc., et al. 19CECG04131 1 Attachment 13a 2 (Continued) 3 VII. Cesar Gustavo Picone v. RV Country, Inc., Charles E. Curtis, Dale Cantrell, Paul Everet, Charlie Power • Filed December 2, 2019 4 • Case No. 19CECG04338 • Superior Court of California, County of Fresno 5 1130 "O" Street Fresno, CA 93724-0002 6 • Assigned for all purposes to Hon. Alan Simpson • Unlimited Civil Case, not designated as complex 7 This case involves claims brought by Cesar Gustavo Picone against his former employer, RV Country, Inc., 8 and its owners, officers and/or directors, Charles E. Curtis, Dale Cantrell, Paul Evert, and Charlie Power. Plaintiff s Complaint alleges causes of action for (l) Breach of Contract; (2) Open Book Account; (3) Account Stated; (4) Failure 9 to Furnish Accurate Wage Statements; (5) Unfair Competition Based on Non-Payment of Wages; (6) Negligence; (7) Failure to Reimburse Expenses; (8) Violation of Labor Code § 226.7 (Meal Breaks); (9) Violation of Labor Code 10 § 226.7 (Rest Period Breaks); (10) Penalty Assessment Under Labor Code §§ 203, 226.3 and 226; (11) Unfair Competition Based on Non-Payment of Wages; (12) Fraud; and (13) Violation of Penal Code § 496. 11 This case overlaps with and is relatable to the other cases because it involves the same or similar parties and arises from the same or substantially identical transactions, incidents, or events requiring the determination of 12 the same or substantially identical questions of law or fact. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (Required for verified pleading) The items on this page stated on information and belief are (specify item numbers, not line numbers): 27 This page may be used with any Judicial Council form or any other paper filed with the court. Page 9 Form Approved by the ADDITIONAL PAGE Judicial Council of California CRC 201, 501 MC-020 [New January 1, 1987] Attach to Judicial Council Form or Other Court Paper American LegalNet, Inc. www.USCourtForms.com I PROOF OF SERVICE BY MAIL 2 STATE OF CALIFORNIA, COUNTY OF FRESNO J I am employed in the County of Fresno County, State of California. I am over the age of l8 and not a party to the within action; my business address is 8080 North Palm Avenue, 4 Third Floor, Fresno, California 93711. 5 On September 30, 2020, I served the foregoing document(s) described ry DEFENDANTS DALE CANTRELL'S AND CHARLIE PO\ilER'S CASE MANAGEMENT 6 STATEMENT on the interested parties in this action addressed as follows: 7 Brian D. Whelan, Esq. Jeffrey S. Ranen, Esq. Whelan Law Group, A Professional Lewis Brisbois Bisgaard & Smith, LLP 8 Corporation 633 V/est 5th Street, Suite 4000 9 1827 E. Fir Avenue, Suite 110 Los Angeles, CA 90071 Fresno, CA 93720 Phone: (213) 250-1800 10 Phone: (559) 437-1079 Fax: (213)250-7900 Fax: (559) 437-1720 Email : JeffreyRanen@lewisbrisbois.com t1 Email: brian@whelanlawgroup.com T2 Attorneys þr Defendants Attorneys for P laintiff RV COUNTRY,INC. and CHARLES E. JAMES FILES CURTIS 13 T4 James H. V/ilkins, Esq. Wilkins, Drolshagen & Czeshinski LLP 15 6785 N. Willow Ave. Fresno, CA 93710 t6 Phone: (559) 438-2390 I7 Fax: (559) 438-2393 18 Attorneys þr Defendant PAUL EVERT l9 20 Said service was made by placing true copies thereof enclosed in a sealed 2T envelope(s) addressed as stated above AND, 22 ¡ Depositing the sealed envelope with the United States Postal Service with the postage fully prepaid. 23 E Placing the envelope for collection and mailing on the date and at our business address 24 following our ordinãry business practices. I am readily familiar with this business'spractice for collecting and processing conespondence for mailing. On the same day that 25 correspondence is placed for collection and mailing, itis deposited in the ordinary course of business with ttie United States Postal Service in a sealed envelope with postage fully 26 prepaid. 27 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 28 DOWLINGIAARON 1 I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. 2 Executed on September 30, 2020, at Fresno, a J 4 5 6 7 8 9 10 l1 t2 13 T4 15 T6 t7 18 t9 20 2t 22 23 24 25 26 27 28 2 DOWLINGIAARON