Preview
12/29/2020
1
LAW OFFICE OF STEPHAN R. WATTENBERG
2 STEPHAN R. WATTENBERG, SB #183914
CLAIRE E. GREENE, SB#286091
3 1074 EAST AVENUE, SUITE C
CHICO, CALIFORNIA 95926
4 Telephone: (530) 342-8930
Facsimile: (530) 342-5625
5
6
JUSTICE AT WORK LAW GROUP, LLP
7 TOMAS E. MARGAIN, Bar No. 193555
ALEXANDER S. RUSNAK, Bar No. 300054
8 JENNIFER L. RUSNAK, Bar No. 247054
1550 The Alameda, Suite 302
9 San Jose, California 95126
Telephone: (408) 317-1100
10
Facsimile: (408) 351-0105
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Attorneys for Plaintiffs
12 LUKE CHAMPLIN and DUSTY MOSIER
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SUPERIOR COURT OF CALIFORNIA
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IN AND FOR THE COUNTY OF BUTTE
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LUKE CHAMPLIN and DUSTY MOSIER, CASE NO: 19CV03142
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ORDER ON PLAINTIFFS’ MOTION TO
18 Plaintiffs, COMPEL COMPLIANCE WITH COURT’S
ORDER AND FOR ISSUE OR
19 vs. TERMINATING SANCTIONS
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21 PHOENIX SOLAR ENERGY, LLC; Hearing Date: December 23, 2020
PHOENIX ENERGY FULFILLMENT, INC.; Time: 9:00 A.M.
22 JASON TROY NICHOLSON and DOES 1 Dept: TBA
through 50,
23 Complaint Filed:
24 19CV03142 – October 18, 2019
Defendants. No trial date set
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Electronically Filed ORDER PLAINTIFFS’ MOTION TO COMPEL COMPLIANCE
1 ORDER
2 Having reviewed and considered the pleadings and papers submitted in support of and in
3 opposition to the Motion, and having considered the admissible evidence, and
4 GOOD CAUSE APPEARING THEREFORE,
5 Plaintiffs' motion to compel compliance with Court's Order is granted. Defendants are
6 directed to comply with the Court's August 26, 2020 Order compelling responses to discovery
7 within ten days. The Court awards sanctions in the amount of $965.00 in Plaintiffs' favor, against
8 Defendants Phoenix Solar Energy, LLC, Phoenix Energy Fulfillment, Inc. and Jason Troy
9 Nicholson. Plaintiffs' request for terminating sanctions is denied.
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12 It Is So Ordered.
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15 Dated: , 2020 ______________________________
Judge of the Superior Court
16 Attorney for Plaintiffs
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ORDER PLAINTIFFS’ MOTION TO COMPEL COMPLIANCE
1 PROOF OF SERVICE - CCP 1013, 2015.5
2 Case Name: Champlin vs. Phoenix Solar Energy, LLC
3 Case No.: 19CV03142
4 I declare that I am employed in the County of Butte, State of California. I am over the
5 age of eighteen years and not a party to the within action; my business address is 1074 East
6 Avenue, Suite C, Chico, California 95926.
7 On December 29, 2020, I served a true copy of the ORDER ON PLAINTIFFS’
8 MOTION TO COMPEL COMPLIANCE WITH COURT’S ORDER AND FOR ISSUE
9 OR TERMINATING SANCTIONS on the parties below named in said cause
10 in the following manner:
11 X VIA REGULAR MAIL by placing a true copy thereof enclosed in a sealed envelope
with postage thereon fully prepaid which is delivered to the U.S. Post Office in Chico,
12 California, on the same day, addressed as set forth below.
____ VIA FEDERAL EXPRESS by placing a true copy thereof enclosed in a sealed envelope,
13 prepaid, deposited with the Federal Express carrier/box at Chico, California, addressed as
set forth below.
14 ____ VIA PERSONAL SERVICE, delivering by hand and leaving a true copy with the person
and/or office staff at the address shown below.
15 ___ VIA FACSIMILE at the date and place herein by placing a true copy thereof into a
facsimile machine, telephone number 530-342-5625 which complies with California Rules
16 of Court, Rule 2.306, and no error was reported by the fax machine. This is written
confirmation that each party in the service list below was notified and agreed to accept
17 service by fax at the fax number in the service list.
____ VIA EMAIL at the date and place herein by sending a true copy to djacobs@japc.law.com
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19 PHOENIX SOLAR ENERGY, LLC
PHOENIX ENERGY FULFILLMENT, INC
20 JASON TROY NICHOLSON
21 Douglas Jacobs
20 Independent Cir.
22 Chico, CA 95973
23
24 I declare under penalty of perjury that the foregoing is true and correct, and that this
25 declaration was executed on December 29, 2020 at Chico, California 95926.
26
27 _/S/_Margo Diaz___________
28 Margo Diaz, Legal Assistant to
Stephan R. Wattenberg, Esq.
Preview
12/29/2020 1 LAW OFFICE OF STEPHAN R. WATTENBERG 2 STEPHAN R. WATTENBERG, SB #183914 CLAIRE E. GREENE, SB#286091 3 1074 EAST AVENUE, SUITE C CHICO, CALIFORNIA 95926 4 Telephone: (530) 342-8930 Facsimile: (530) 342-5625 5 6 JUSTICE AT WORK LAW GROUP, LLP 7 TOMAS E. MARGAIN, Bar No. 193555 ALEXANDER S. RUSNAK, Bar No. 300054 8 JENNIFER L. RUSNAK, Bar No. 247054 1550 The Alameda, Suite 302 9 San Jose, California 95126 Telephone: (408) 317-1100 10 Facsimile: (408) 351-0105 11 Attorneys for Plaintiffs 12 LUKE CHAMPLIN and DUSTY MOSIER 13 SUPERIOR COURT OF CALIFORNIA 14 IN AND FOR THE COUNTY OF BUTTE 15 16 LUKE CHAMPLIN and DUSTY MOSIER, CASE NO: 19CV03142 17 ORDER ON PLAINTIFFS’ MOTION TO 18 Plaintiffs, COMPEL COMPLIANCE WITH COURT’S ORDER AND FOR ISSUE OR 19 vs. TERMINATING SANCTIONS 20 21 PHOENIX SOLAR ENERGY, LLC; Hearing Date: December 23, 2020 PHOENIX ENERGY FULFILLMENT, INC.; Time: 9:00 A.M. 22 JASON TROY NICHOLSON and DOES 1 Dept: TBA through 50, 23 Complaint Filed: 24 19CV03142 – October 18, 2019 Defendants. No trial date set 25 26 27 28 1 Electronically Filed ORDER PLAINTIFFS’ MOTION TO COMPEL COMPLIANCE 1 ORDER 2 Having reviewed and considered the pleadings and papers submitted in support of and in 3 opposition to the Motion, and having considered the admissible evidence, and 4 GOOD CAUSE APPEARING THEREFORE, 5 Plaintiffs' motion to compel compliance with Court's Order is granted. Defendants are 6 directed to comply with the Court's August 26, 2020 Order compelling responses to discovery 7 within ten days. The Court awards sanctions in the amount of $965.00 in Plaintiffs' favor, against 8 Defendants Phoenix Solar Energy, LLC, Phoenix Energy Fulfillment, Inc. and Jason Troy 9 Nicholson. Plaintiffs' request for terminating sanctions is denied. 10 11 12 It Is So Ordered. 13 14 15 Dated: , 2020 ______________________________ Judge of the Superior Court 16 Attorney for Plaintiffs 17 18 19 20 21 22 23 24 25 26 27 28 2 ORDER PLAINTIFFS’ MOTION TO COMPEL COMPLIANCE 1 PROOF OF SERVICE - CCP 1013, 2015.5 2 Case Name: Champlin vs. Phoenix Solar Energy, LLC 3 Case No.: 19CV03142 4 I declare that I am employed in the County of Butte, State of California. I am over the 5 age of eighteen years and not a party to the within action; my business address is 1074 East 6 Avenue, Suite C, Chico, California 95926. 7 On December 29, 2020, I served a true copy of the ORDER ON PLAINTIFFS’ 8 MOTION TO COMPEL COMPLIANCE WITH COURT’S ORDER AND FOR ISSUE 9 OR TERMINATING SANCTIONS on the parties below named in said cause 10 in the following manner: 11 X VIA REGULAR MAIL by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid which is delivered to the U.S. Post Office in Chico, 12 California, on the same day, addressed as set forth below. ____ VIA FEDERAL EXPRESS by placing a true copy thereof enclosed in a sealed envelope, 13 prepaid, deposited with the Federal Express carrier/box at Chico, California, addressed as set forth below. 14 ____ VIA PERSONAL SERVICE, delivering by hand and leaving a true copy with the person and/or office staff at the address shown below. 15 ___ VIA FACSIMILE at the date and place herein by placing a true copy thereof into a facsimile machine, telephone number 530-342-5625 which complies with California Rules 16 of Court, Rule 2.306, and no error was reported by the fax machine. This is written confirmation that each party in the service list below was notified and agreed to accept 17 service by fax at the fax number in the service list. ____ VIA EMAIL at the date and place herein by sending a true copy to djacobs@japc.law.com 18 19 PHOENIX SOLAR ENERGY, LLC PHOENIX ENERGY FULFILLMENT, INC 20 JASON TROY NICHOLSON 21 Douglas Jacobs 20 Independent Cir. 22 Chico, CA 95973 23 24 I declare under penalty of perjury that the foregoing is true and correct, and that this 25 declaration was executed on December 29, 2020 at Chico, California 95926. 26 27 _/S/_Margo Diaz___________ 28 Margo Diaz, Legal Assistant to Stephan R. Wattenberg, Esq.