On November 20, 2020 a
Proof of Service
was filed
involving a dispute between
Butler America Llc,
and
Baker, Cynthia,
Baker, Jimmie Garrett, Jr,
Bellas, Michael J,
Lipkin, Mitchell C,
Newbatt, Bianca,
Newbatt, Kenneth W,
Ucommg Llc,
Unified Communications Group Inc,
Westele Utility Solutions Llc,
for Unlimited Breach of Contract/Warranty (06)
in the District Court of Santa Barbara County.
Preview
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State, Bar number, and address): FOR COURT USE ONLY
CHORA YOUNG LLP
650 Sierra Madre Villa Ave. Ste. 304 ELECTRONICALLY FILED
Pasadena, CA 91107
TELEPHONE NO.: 626-744-1838 FAX NO. (Optional):
Superior Court of California
E-MAIL ADDRESS (Optional): County of Santa Barbara
ATTORNEY FOR (Name): BUTLER AMERICA, LLC, A DELAWARE LIMITED LIABILITY COMPANY Darrel E. Parker, Executive Officer
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA 12/23/2020 1:57 PM
STREET ADDRESS: 1100 Anacapa Street By: Sarah Sisto, Deputy
MAILING ADDRESS: 1100 Anacapa Street
CITY AND ZIP CODE: Santa Barbara 93121
BRANCH NAME: Santa Barbara Courthouse, Anacapa Division
PLAINTIFF/PETITIONER: BUTLER AMERICA, LLC, A DELAWARE LIMITED LIABILITY COMPANY CASE NUMBER:
UCOMMG, LLC, A NEVADA LIMITED LIABILITY COMPANY; UNIFIED
DEFENDANT/RESPONDENT: COMMUNICATIONS GROUP, INC., A DISSOLVED WASHINGTON 20CV03877
CORPORATION; KENNETH W. NEWBATT, AN INDIVIDUAL; BIANCA
NEWBATT, AN INDIVIDUAL; MITCHELL C. LIPKIN, AN INDIVIDUAL;
MICHAEL J. BELLAS, AN INDIVIDUAL; JIMMIE GARRETT BAKER JR., AN
INDIVIDUAL; WESTELE UTILITY SOLUTIONS, LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY
Ref. No. or File No.:
PROOF OF SERVICE OF SUMMONS REF-6981054
1. At the time of service I was at least 18 years of age and not a party to this action.
BY FAX
2. I served copies of (specify documents):
SUMMONS; COMPLAINT; CIVIL CASE COVER SHEET; CIVIC CASE COVER SHEET ADDENDUM
3. a. Party served (specify name of party as shown on documents served):
MITCHELL C. LIPKIN, AN INDIVIDUAL
b. Person (other than the party in item 3a) served on behalf of an entity or as an authorized agent (and not a person under
item 5b whom substituted service was made) (specify name and relationship to the party named in item 3a ):
4. Address where the party was served:
5657 200TH STREET W, FARMINGTON, MN 55024
5. I served the party (check proper box)
a. X by personal service. I personally delivered the documents listed in item 2 to the party or person authorized to receive
service of process for the party (1) on (date): 12/07/2020 at (time): 4:22 PM
MITCHELL C. LIPKIN, AN INDIVIDUAL, Who accepted service in accordance with social distancing requirements
(placed the documents in a clearly visible place at least six feet away from the subject and advised the subject
to retrieve them after stepping away), with identity confirmed by subject saying yes when named, a brown-
haired white male approx. 45-55 years of age, 6'0"-6'2" tall and weighing 200-240 lbs. Subject's vehicles present
include a Black 2013 FORD F150 DJN537.
b. by substituted service. On (date): at (time): I left the documents listed in item 2 with
or in the presence of (name and title or relationship to person indicated in item 3):
(1) (business) a person at least 18 years of age apparently in charge at the office or usual place of business of
the person to be served. I informed him or her of the general nature of the papers.
(2) (home) a competent member of the household (at least 18 years of age) at the dwelling house or usual place
of abode of the party. I informed him or her of the general nature of the papers.
(3) (physical address unknown) a person at least 18 years of age apparently in charge at the usual mailing
address of the person to be served, other than a United States Postal Service post office box. I informed him
or her of the general nature of the papers.
(4) I thereafter caused to be mailed (by first class, postage prepaid) copies of the documents to the person to be
served at the place where the copies were left (Code Civ. Proc § 415.20). Documents were mailed
on (date): from (city): or a declaration of mailing is attached.
Page 1 of 2
Form Adopted for Mandatory Use Code of Civil Procedure. § 417.10
Judicial Council of California POS-
010 [Rev. January 1, 2007] PROOF OF SERVICE OF SUMMONS Tracking #: 0061549229
REF: REF-6981054
PLAINTIFF/PETITIONER: BUTLER AMERICA, LLC, A DELAWARE LIMITED LIABILITY CASE NUMBER:
COMPANY 20CV03877
DEFENDANT/RESPONDENT: UCOMMG, LLC, A NEVADA LIMITED LIABILITY COMPANY;
UNIFIED COMMUNICATIONS GROUP, INC., A DISSOLVED ...
(5) I attach a declaration of diligence stating actions taken first to attempt personal service.
POS-010 [Rev. January 1, 2007] Page 2 of 2
PROOF OF SERVICE OF SUMMONS Tracking #: 0061549229
REF: REF-6981054
c. by mail and acknowledgement of receipt of service. I mailed the documents listed in item 2 to the party, to the
address shown in item 4, by first-class mail, postage prepaid,
(1) on (date): (2) from (city):
(3) with two copies of the Notice and Acknowledgement of Receipt and a postage-paid return envelope
addressed to me. (Attach completed Notice and Acknowledgement of Receipt.) (Code Civ. Proc., § 415.30)
(4) to an address outside California with return receipt requested. (Code Civ. Proc., § 415.40)
d. by other means (specify means of service and authorizing code section):
Additional page describing service is attached.
6. The “Notice to the Person Served” (on the summons) was completed as follows:
a. X as an individual defendant.
b. as the person sued under the fictitious name of (specify):
c. as occupant.
d. On behalf of (specify)
under the following Code of Civil Procedure section:
416.10 (corporation) 415.95 (business organization, form unknown)
416.20 (defunct corporation) 416.60 (minor)
416.30 (joint stock company/association) 416.70 (ward or conservatee)
416.40 (association or partnership) 416.90 (authorized person)
BY FAX
416.50 (public entity) 415.46 (occupant)
other:
7. Person who served papers
a. Name: Cody English
b. Address: 1430 Concordia Ave. #4456, Saint Paul, MN 55104
c. Telephone number: 612-806-4127
d. The fee for service was: $ 125.00
e. I am:
(1) X not a registered California process server.
BY FAX
(2) exempt from registration under Business and Professions Code section 22350(b).
(3) registered California process server:
(i) owner employee independent contractor. For:
(ii) Registration No.: Registration #:
(iii) County: County:
8. X I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
or
9. I am a California sheriff or marshal and I certify that the foregoing is true and correct.
Date: ______________
12/09/2020
Cody English
(NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL) (SIGNATURE)
Page 1 of 1
Tracking #: 0061549229
REF: REF-6981054
Preview
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State, Bar number, and address): FOR COURT USE ONLY CHORA YOUNG LLP 650 Sierra Madre Villa Ave. Ste. 304 ELECTRONICALLY FILED Pasadena, CA 91107 TELEPHONE NO.: 626-744-1838 FAX NO. (Optional): Superior Court of California E-MAIL ADDRESS (Optional): County of Santa Barbara ATTORNEY FOR (Name): BUTLER AMERICA, LLC, A DELAWARE LIMITED LIABILITY COMPANY Darrel E. Parker, Executive Officer SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA 12/23/2020 1:57 PM STREET ADDRESS: 1100 Anacapa Street By: Sarah Sisto, Deputy MAILING ADDRESS: 1100 Anacapa Street CITY AND ZIP CODE: Santa Barbara 93121 BRANCH NAME: Santa Barbara Courthouse, Anacapa Division PLAINTIFF/PETITIONER: BUTLER AMERICA, LLC, A DELAWARE LIMITED LIABILITY COMPANY CASE NUMBER: UCOMMG, LLC, A NEVADA LIMITED LIABILITY COMPANY; UNIFIED DEFENDANT/RESPONDENT: COMMUNICATIONS GROUP, INC., A DISSOLVED WASHINGTON 20CV03877 CORPORATION; KENNETH W. NEWBATT, AN INDIVIDUAL; BIANCA NEWBATT, AN INDIVIDUAL; MITCHELL C. LIPKIN, AN INDIVIDUAL; MICHAEL J. BELLAS, AN INDIVIDUAL; JIMMIE GARRETT BAKER JR., AN INDIVIDUAL; WESTELE UTILITY SOLUTIONS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY Ref. No. or File No.: PROOF OF SERVICE OF SUMMONS REF-6981054 1. At the time of service I was at least 18 years of age and not a party to this action. BY FAX 2. I served copies of (specify documents): SUMMONS; COMPLAINT; CIVIL CASE COVER SHEET; CIVIC CASE COVER SHEET ADDENDUM 3. a. Party served (specify name of party as shown on documents served): MITCHELL C. LIPKIN, AN INDIVIDUAL b. Person (other than the party in item 3a) served on behalf of an entity or as an authorized agent (and not a person under item 5b whom substituted service was made) (specify name and relationship to the party named in item 3a ): 4. Address where the party was served: 5657 200TH STREET W, FARMINGTON, MN 55024 5. I served the party (check proper box) a. X by personal service. I personally delivered the documents listed in item 2 to the party or person authorized to receive service of process for the party (1) on (date): 12/07/2020 at (time): 4:22 PM MITCHELL C. LIPKIN, AN INDIVIDUAL, Who accepted service in accordance with social distancing requirements (placed the documents in a clearly visible place at least six feet away from the subject and advised the subject to retrieve them after stepping away), with identity confirmed by subject saying yes when named, a brown- haired white male approx. 45-55 years of age, 6'0"-6'2" tall and weighing 200-240 lbs. Subject's vehicles present include a Black 2013 FORD F150 DJN537. b. by substituted service. On (date): at (time): I left the documents listed in item 2 with or in the presence of (name and title or relationship to person indicated in item 3): (1) (business) a person at least 18 years of age apparently in charge at the office or usual place of business of the person to be served. I informed him or her of the general nature of the papers. (2) (home) a competent member of the household (at least 18 years of age) at the dwelling house or usual place of abode of the party. I informed him or her of the general nature of the papers. (3) (physical address unknown) a person at least 18 years of age apparently in charge at the usual mailing address of the person to be served, other than a United States Postal Service post office box. I informed him or her of the general nature of the papers. (4) I thereafter caused to be mailed (by first class, postage prepaid) copies of the documents to the person to be served at the place where the copies were left (Code Civ. Proc § 415.20). Documents were mailed on (date): from (city): or a declaration of mailing is attached. Page 1 of 2 Form Adopted for Mandatory Use Code of Civil Procedure. § 417.10 Judicial Council of California POS- 010 [Rev. January 1, 2007] PROOF OF SERVICE OF SUMMONS Tracking #: 0061549229 REF: REF-6981054 PLAINTIFF/PETITIONER: BUTLER AMERICA, LLC, A DELAWARE LIMITED LIABILITY CASE NUMBER: COMPANY 20CV03877 DEFENDANT/RESPONDENT: UCOMMG, LLC, A NEVADA LIMITED LIABILITY COMPANY; UNIFIED COMMUNICATIONS GROUP, INC., A DISSOLVED ... (5) I attach a declaration of diligence stating actions taken first to attempt personal service. POS-010 [Rev. January 1, 2007] Page 2 of 2 PROOF OF SERVICE OF SUMMONS Tracking #: 0061549229 REF: REF-6981054 c. by mail and acknowledgement of receipt of service. I mailed the documents listed in item 2 to the party, to the address shown in item 4, by first-class mail, postage prepaid, (1) on (date): (2) from (city): (3) with two copies of the Notice and Acknowledgement of Receipt and a postage-paid return envelope addressed to me. (Attach completed Notice and Acknowledgement of Receipt.) (Code Civ. Proc., § 415.30) (4) to an address outside California with return receipt requested. (Code Civ. Proc., § 415.40) d. by other means (specify means of service and authorizing code section): Additional page describing service is attached. 6. The “Notice to the Person Served” (on the summons) was completed as follows: a. X as an individual defendant. b. as the person sued under the fictitious name of (specify): c. as occupant. d. On behalf of (specify) under the following Code of Civil Procedure section: 416.10 (corporation) 415.95 (business organization, form unknown) 416.20 (defunct corporation) 416.60 (minor) 416.30 (joint stock company/association) 416.70 (ward or conservatee) 416.40 (association or partnership) 416.90 (authorized person) BY FAX 416.50 (public entity) 415.46 (occupant) other: 7. Person who served papers a. Name: Cody English b. Address: 1430 Concordia Ave. #4456, Saint Paul, MN 55104 c. Telephone number: 612-806-4127 d. The fee for service was: $ 125.00 e. I am: (1) X not a registered California process server. BY FAX (2) exempt from registration under Business and Professions Code section 22350(b). (3) registered California process server: (i) owner employee independent contractor. For: (ii) Registration No.: Registration #: (iii) County: County: 8. X I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. or 9. I am a California sheriff or marshal and I certify that the foregoing is true and correct. Date: ______________ 12/09/2020 Cody English (NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL) (SIGNATURE) Page 1 of 1 Tracking #: 0061549229 REF: REF-6981054