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CHORA YOUNG & MANASSERIAN
Armen Manasserian, Esq. (S te Bar No
Cameron Totten (State Bar No.
650 Sierra Madre Villa Ave uite
Pasadena, California 91107
Tel. (626) 744
Fax 626) 744
Email: cameron@cym.law
rneys for Plaintiff
Butler America, LLC
UPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA BARBARA ANACAPA DIVISION
BUTLER AMERICA, LLC, a Delaware limited Case No.: 20CV03877
liability company
LAINTIFF BUTLER AMERICA, LLC
Plaintiff OPPOSITION TO DEFENDANTS
MOTION TO STRIKE PLAINTIFF
SECOND AMENDED COMPLAINT
a Nevada limited liability
company UNIFIED COMMUNICATIONS concurrently wit Declaration of
GROUP, INC., a dissolved Washington Cameron Totten
corporation; KENNETH W. NEWBATT, an
individual; BIANCA NEWBATT, an earing Date February 18
individual; MITCHELL C. LIPKIN, an ime: a.m.
individual; CHAEL J. BELLAS, an Dept.
individual; JIMMIE GA BAKER, JR., Judge: Hon. Do a D. Geck
an individual; WESTELE UTILITY
SOLUTIONS, LLC, a California limited
liability company; and DOES
inclusive
Defendants
PLAINTIFF BUTLER AMERICA, LLC’S OPPOSITION TO MOTION TO STRIKE
PLAINTIFF S SECOND AMENDED COMPLAINT
O THIS HONORABLE COURT, DEFENDANTS AND THEIR ATTORNEYS OF
RECORD HEREIN:
Plaintiff Butler America, LLC ( Plaintiff or Butler ereby opposes Defendants
UCOMMG, LLC, Unified Communications Group, Inc., Kenneth Newbatt, Bianca Newbatt,
Mitchell Lipkin, Michael Bellas, WesTele Utility Solutions, LLC, and Cynthia Baker
Defendants tion to Strike Plaintiff’s Second Amended Complaint Motion as follows
MORANDUM OF POINTS AND AUTHORITIES
INTRODUCTION
This case arises out of Defendants of Plaintiff’s confidentia information and
documents to wrongfullyand intentionall interfere with Plaintiff’s relationships its clients.
Throughout this action, Defendants have asserted numerous procedural objections and sought
sanctions against Plaintiff and its attorneys of cord on occasions even though no court has
yet to rule on the merits of any issue. scorched eart litigation strategy has
resulted in many motions being filed which are now moot, including this Motion.
for the reasons set forth below, Defendants Motion should be denied as it is now moot in light of
THIS MOTION IS MOOT AND SHOULD BE DENIED IN ITS ENTIRETY
November 15, 2021, Plaintiff filed its SAC. Declaration of Cameron H. Totten
(“Totten Decl.”), at . Motion was filed four days later on November 19, 2021. Totten
Decl., ¶ 3. November 24, 2021, Defendants filed Reply to Plaintiff s Opposition to
Defendan Demurrer to the First Amended Complaint. The Reply raised the same issues and
authorities in this Motion. Totten Decl., at ¶ 4 As Defendants refused to withdraw their
Demurrer to Plaintiff s First Amended Complaint in light of the filing of the SAC, the matter was
heard as noticed on December 3, 2021. Totten Decl., at ¶ 5 and Exhibit attached hereto At the
hearing, the Court adopted its tentative and ruled as follows:
For the reasons set forth herein, the demurrer of defendants WesTele and Cynthia
Baker to th first amended complaint is deemed sustained with leave to amend with
plaintiff Butler America, LLC s second amended complaint already on filed
PLAINTIFF BUTLER AMERICA, LLC’S OPPOSITION TO MOTION TO STRIKE
PLAINTIFF S SECOND AMENDED COMPLAINT
deemed filed pursuant to that leave to amend. For purposes of determining when a
response is due, the second amended complaint is deemed filed and served (without
any extension of time for manner of service) as of December 3, 2021. The
demurrer of specially appearing defendants UCOMMG, LLC, Kenneth W.
Newbatt, Unified Communications Group, Inc., Bianca Newbatt, Mitchell Lipkin,
and Michael Bellas to the first amended complaint is ordered off calendar as moot
by the filing of the second amended complaint. Totten Decl., at ¶ 5 and Exhibit
attached hereto.
Thus, the issues raised in the Motion were considered and addressed by the Court in its
ruling on December 3, 2021. Plaintiff met and conferred with Defendants to withdraw this Motion
but Defendants refused to do so unless Plaintiff conceded to engaging in a “pattern and practice
of wrongful conduct for the purpose increasing the costs in this litigation. As that is not true,
Plaintiff refused to admit to such conduct and, consequently, Defendants refused to withdraw the
tion. Defendants then offered to withdraw the Motion if Plaintiff stipulated to treat their
otion for 128.7 Sanctions in connection with the First Amended Complaint as a Motion for
.7 Sanctions in connection with the Second Amended Complaint. As there was no basis for
sanctions in connection with the First Amended Complaint Plaintiff cured any possible defects
the filing of the Second Amended Complaint during the safe harbor period, Plaintiff declined
the confusing offer. Defendants have not provided any other basis for the merit of the Motion
after this Court s ruling on December 3, 2021 otten Decl., at and Exhibit attached
reto.
CONCLUSION
For a of the foregoing reasons, Plaintiff respectfully requests that this Court deny
Defendant Motion in its entire
ated: February 4, 2022 YOUNG & MANASSERIAN
Cameron Tott
ttorneys for Plaintiff
Butler America, LLC
PLAINTIFF BUTLER AMERICA, LLC’S OPPOSITION TO MOTION TO STRIKE
PLAINTIFF S SECOND AMENDED COMPLAINT
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
I am employed in the County of Los Angeles, State of California. I am over the age of
eighteen (18) years and not a party to the within action. My business address is: 650 Sierra Madre
Villa Ave., Ste. 304, Pasadena, CA 91107.
On February 4, 2022 I served the foregoing document(s) described as PLAINTIFF
BUTLER AMERICA, LLC’S OPPOSITION TO DEFENDANTS’ MOTION TO STRIKE
PLAINTIFF’S SECOND AMENDED COMPLAINT; DECLARATION OF CAMERON
TOTTEN IN SUPPORT OF PLAINTIFF BUTLER AMERICA, LLC’S OPPOSITION TO
DEFENDANTS’ MOTION TO STRIKE PLAINTIFF’S SECOND AMENDED
COMPLAINTon the int erested parties in this action, as follows:
Shayna Balch Santiago Attorneys for Defendants UCOMMG, LLC;
FISHER & PHILLIPS LLP Unified Communications Group, Inc.;
3200 N. Central Ave., Ste. 1550 Kenneth W. Newbatt; Bianca Newbatt;
Phoenix, AZ 85012 Mitchell C. Lipkin; Michael J. Bellas;
Email: ssantiago@fisherphillips.com Jimmie Garrett Baker, Jr.; WesTele Utility
Solutions, LLC; and Cynthia Baker
Kathryn M. Evans
FISHER & PHILLIPS LLP
4747 Executive Dr., Ste. 1000
San Diego, CA 92121
Email: kmevans@fisherphillips.com
(BY ELECTRONIC MAIL) I caused the document(s) listed above to the electronically
transmitted to the email addresses of the addressees as indicated above.
Executed on February 4, 2022, at Pasadena, California.
(X) (STATE) I declare under penalty of perjury under the laws of the State of California that
the above is true and correct.
(FEDERAL) I declare that I am employed in the offices of a member of this court at whose
direction the service was made.
Jaclyn Poon
PROOF OF SERVICE
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CHORA YOUNG & MANASSERIAN Armen Manasserian, Esq. (S te Bar No Cameron Totten (State Bar No. 650 Sierra Madre Villa Ave uite Pasadena, California 91107 Tel. (626) 744 Fax 626) 744 Email: cameron@cym.law rneys for Plaintiff Butler America, LLC UPERIOR COURT OF CALIFORNIA COUNTY OF SANTA BARBARA ANACAPA DIVISION BUTLER AMERICA, LLC, a Delaware limited Case No.: 20CV03877 liability company LAINTIFF BUTLER AMERICA, LLC Plaintiff OPPOSITION TO DEFENDANTS MOTION TO STRIKE PLAINTIFF SECOND AMENDED COMPLAINT a Nevada limited liability company UNIFIED COMMUNICATIONS concurrently wit Declaration of GROUP, INC., a dissolved Washington Cameron Totten corporation; KENNETH W. NEWBATT, an individual; BIANCA NEWBATT, an earing Date February 18 individual; MITCHELL C. LIPKIN, an ime: a.m. individual; CHAEL J. BELLAS, an Dept. individual; JIMMIE GA BAKER, JR., Judge: Hon. Do a D. Geck an individual; WESTELE UTILITY SOLUTIONS, LLC, a California limited liability company; and DOES inclusive Defendants PLAINTIFF BUTLER AMERICA, LLC’S OPPOSITION TO MOTION TO STRIKE PLAINTIFF S SECOND AMENDED COMPLAINT O THIS HONORABLE COURT, DEFENDANTS AND THEIR ATTORNEYS OF RECORD HEREIN: Plaintiff Butler America, LLC ( Plaintiff or Butler ereby opposes Defendants UCOMMG, LLC, Unified Communications Group, Inc., Kenneth Newbatt, Bianca Newbatt, Mitchell Lipkin, Michael Bellas, WesTele Utility Solutions, LLC, and Cynthia Baker Defendants tion to Strike Plaintiff’s Second Amended Complaint Motion as follows MORANDUM OF POINTS AND AUTHORITIES INTRODUCTION This case arises out of Defendants of Plaintiff’s confidentia information and documents to wrongfullyand intentionall interfere with Plaintiff’s relationships its clients. Throughout this action, Defendants have asserted numerous procedural objections and sought sanctions against Plaintiff and its attorneys of cord on occasions even though no court has yet to rule on the merits of any issue. scorched eart litigation strategy has resulted in many motions being filed which are now moot, including this Motion. for the reasons set forth below, Defendants Motion should be denied as it is now moot in light of THIS MOTION IS MOOT AND SHOULD BE DENIED IN ITS ENTIRETY November 15, 2021, Plaintiff filed its SAC. Declaration of Cameron H. Totten (“Totten Decl.”), at . Motion was filed four days later on November 19, 2021. Totten Decl., ¶ 3. November 24, 2021, Defendants filed Reply to Plaintiff s Opposition to Defendan Demurrer to the First Amended Complaint. The Reply raised the same issues and authorities in this Motion. Totten Decl., at ¶ 4 As Defendants refused to withdraw their Demurrer to Plaintiff s First Amended Complaint in light of the filing of the SAC, the matter was heard as noticed on December 3, 2021. Totten Decl., at ¶ 5 and Exhibit attached hereto At the hearing, the Court adopted its tentative and ruled as follows: For the reasons set forth herein, the demurrer of defendants WesTele and Cynthia Baker to th first amended complaint is deemed sustained with leave to amend with plaintiff Butler America, LLC s second amended complaint already on filed PLAINTIFF BUTLER AMERICA, LLC’S OPPOSITION TO MOTION TO STRIKE PLAINTIFF S SECOND AMENDED COMPLAINT deemed filed pursuant to that leave to amend. For purposes of determining when a response is due, the second amended complaint is deemed filed and served (without any extension of time for manner of service) as of December 3, 2021. The demurrer of specially appearing defendants UCOMMG, LLC, Kenneth W. Newbatt, Unified Communications Group, Inc., Bianca Newbatt, Mitchell Lipkin, and Michael Bellas to the first amended complaint is ordered off calendar as moot by the filing of the second amended complaint. Totten Decl., at ¶ 5 and Exhibit attached hereto. Thus, the issues raised in the Motion were considered and addressed by the Court in its ruling on December 3, 2021. Plaintiff met and conferred with Defendants to withdraw this Motion but Defendants refused to do so unless Plaintiff conceded to engaging in a “pattern and practice of wrongful conduct for the purpose increasing the costs in this litigation. As that is not true, Plaintiff refused to admit to such conduct and, consequently, Defendants refused to withdraw the tion. Defendants then offered to withdraw the Motion if Plaintiff stipulated to treat their otion for 128.7 Sanctions in connection with the First Amended Complaint as a Motion for .7 Sanctions in connection with the Second Amended Complaint. As there was no basis for sanctions in connection with the First Amended Complaint Plaintiff cured any possible defects the filing of the Second Amended Complaint during the safe harbor period, Plaintiff declined the confusing offer. Defendants have not provided any other basis for the merit of the Motion after this Court s ruling on December 3, 2021 otten Decl., at and Exhibit attached reto. CONCLUSION For a of the foregoing reasons, Plaintiff respectfully requests that this Court deny Defendant Motion in its entire ated: February 4, 2022 YOUNG & MANASSERIAN Cameron Tott ttorneys for Plaintiff Butler America, LLC PLAINTIFF BUTLER AMERICA, LLC’S OPPOSITION TO MOTION TO STRIKE PLAINTIFF S SECOND AMENDED COMPLAINT PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of Los Angeles, State of California. I am over the age of eighteen (18) years and not a party to the within action. My business address is: 650 Sierra Madre Villa Ave., Ste. 304, Pasadena, CA 91107. On February 4, 2022 I served the foregoing document(s) described as PLAINTIFF BUTLER AMERICA, LLC’S OPPOSITION TO DEFENDANTS’ MOTION TO STRIKE PLAINTIFF’S SECOND AMENDED COMPLAINT; DECLARATION OF CAMERON TOTTEN IN SUPPORT OF PLAINTIFF BUTLER AMERICA, LLC’S OPPOSITION TO DEFENDANTS’ MOTION TO STRIKE PLAINTIFF’S SECOND AMENDED COMPLAINTon the int erested parties in this action, as follows: Shayna Balch Santiago Attorneys for Defendants UCOMMG, LLC; FISHER & PHILLIPS LLP Unified Communications Group, Inc.; 3200 N. Central Ave., Ste. 1550 Kenneth W. Newbatt; Bianca Newbatt; Phoenix, AZ 85012 Mitchell C. Lipkin; Michael J. Bellas; Email: ssantiago@fisherphillips.com Jimmie Garrett Baker, Jr.; WesTele Utility Solutions, LLC; and Cynthia Baker Kathryn M. Evans FISHER & PHILLIPS LLP 4747 Executive Dr., Ste. 1000 San Diego, CA 92121 Email: kmevans@fisherphillips.com (BY ELECTRONIC MAIL) I caused the document(s) listed above to the electronically transmitted to the email addresses of the addressees as indicated above. Executed on February 4, 2022, at Pasadena, California. (X) (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. (FEDERAL) I declare that I am employed in the offices of a member of this court at whose direction the service was made. Jaclyn Poon PROOF OF SERVICE