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1 Shayna Balch Santiago (SBN 304802)
E-Mail: ssantiago@fisherphillips.com
2 FISHER & PHILLIPS LLP
3200 N. Central Avenue, Suite 1550
3 Phoenix, Arizona 85012-2487
Telephone: (602) 281-3400
4 Facsimile: (602) 281-3401
5 Kathryn M. Evans (SBN 323190)
E-Mail: kmevans@fisherphillips.com
6 FISHER & PHILLIPS LLP
4747 Executive Drive, Suite 1000
7 San Diego, California 92121
Telephone: (858) 597-9600
8 Facsimile: (858) 597-9601
9 Attorneys for Defendants,
UCOMMG, LLC; Unified Communications Group, Inc.;
10 Kenneth W. Newbatt; Bianca Newbatt; Mitchell C.
Lipkin; Michael J. Bellas; Jimmie Garrett Baker, Jr.;
11 WesTele Utility Solutions, LLC; and Cynthia Baker
12 SUPERIOR COURT OF THE STATE OF CALIFORNIA
13 FOR THE COUNTY OF SANTA BARBARA - ANACAPA DIVISION
14 BUTLER AMERICA, LLC, a Delaware CASE NO.: 20CV03877
limited liability company, [Unlimited Jurisdiction]
15
Plaintiff, Assigned for all purposes to the
16 Honorable Donna D. Geck, Dept. 4
v.
17 DEFENDANTS’ NOTICE OF MOTION
UCOMMG, LLC, a Nevada limited liability AND MOTION FOR SANCTIONS
18 company; UNIFIED COMMUNICATIONS PURSUANT TO CODE OF CIVIL
GROUP, INC., a dissolved Washington PROCEDURE SECTION 128.7
19 corporation; KENNETH W. NEWBATT, an
individual; BIANCA NEWBATT, an [Filed concurrently with Memorandum of
20 individual; MITCHELL C. LIPKIN, an Points and Authorities, Declaration of Shayna
individual; MICHAEL J. BELLAS, an Balch Santiago, and [Proposed] Order]
21 individual; JIMMIE GARRETT BAKER, JR.,
an individual; WESTELE UTILITY DATE: June 10, 2022
22 SOLUTIONS, LLC, a California limited TIME: 10:00 a.m.
liability company; and DOES 1 through 50, DEPT.: 4
23 inclusive,
Complaint Filed: November 20, 2020
24 Defendants. Removal Filed: January 4, 2021
FAC Filed: April 16, 2021
25 SAC Filed: December 3, 2021
Trial Date: Not Set
26
27
28
DEFENDANTS’ NOTICE OF MOTION AND MOTION FOR SANCTIONS
PURSUANT TO CCP SECTION 128.7
FP 43364539.1
1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN:
2 NOTICE IS HEREBY GIVEN that on June 10, 2022, at 10:00 a.m., or as soon thereafter
3 as the matter may be heard, in Department 4 of the above-entitled Court, located at 1100 Anacapa
4 Street, Santa Barbara, California 93121-1107, Defendants UCOMMG, LLC; Unified
5 Communications Group, Inc.; Kenneth W. Newbatt; Bianca Newbatt; Mitchell C. Lipkin;
6 Michael J. Bellas; WesTele Utility Solutions, LLC; and Cynthia Baker (hereinafter
7 “Defendants”) will move this Court for an order imposing monetary sanctions on Plaintiff Butler
8 America, LLC, and Plaintiff’s attorney of record, the law firm of Chora Young & Manasserian,
9 jointly and severally.
10 This motion is based on the grounds that Plaintiff and its counsel of record have violated
11 California Code of Civil Procedure section 128.7(b) by filing and certifying a pleading that is
12 being presented primarily for an improper purpose, filing a pleading containing allegations that
13 lack any evidentiary support, and filing a pleading asserting claims and legal contentions that are
14 not warranted by existing law or by a non-frivolous argument for the extension, modification, or
15 reversal of existing law or the establishment of new law. This motion is based on this notice, the
16 Memorandum of Points and Authorities attached hereto, the Declaration of Shayna Balch
17 Santiago and attached exhibits, all papers previously filed in this matter, and on such other and
18 further evidence which may be presented at the time of the hearing.
19
20 DATE: March 1, 2022 FISHER & PHILLIPS LLP
21
22 By:
Shayna Balch Santiago
23 Kathryn M. Evans
Attorneys for Defendants,
24 UCOMMG, LLC; UNIFIED
COMMUNICATIONS GROUP, INC.;
25 KENNETH W. NEWBATT; BIANCA
NEWBATT; MITCHELL C. LIPKIN; MICHAEL
26 J. BELLAS; JIMMIE GARRETT BAKER, JR.;
WESTELE UTILITY SOLUTIONS, LLC; and
27 CYNTHIA BAKER
28
1
DEFENDANTS’ NOTICE OF MOTION AND MOTION FOR SANCTIONS
PURSUANT TO CCP SECTION 128.7
FP 43364539.1
1 PROOF OF SERVICE
(CCP §§1013(a) and 2015.5)
2
I, the undersigned, am at least 18 years old and not a party to this action. I am employed
3 in the County of San Diego with the law offices of Fisher & Phillips LLP and its business address
is 4747 Executive Drive, Suite 1000, San Diego, California 92121.
4
On March 1, 2022, I served the following document(s) DEFENDANTS’ NOTICE OF
5 MOTION AND MOTION FOR SANCTIONS PURSUANT TO CODE OF CIVIL
PROCEDURE SECTION 128.7 on the person(s) listed below by placing the original a
6 true copy thereof enclosed in sealed envelope(s) addressed as follows:
7
Paul P. Young Tel: (626) 744-1838
8 Joseph Chora Fax: (626) 744-3167
Cameron H. Totten E-Mail: paul@cym.law; joseph@cym.law;
9 Armen Manasserian cameron@cym.law; armen@cym.law;
Scott O’Haloran scott@cym.law
10 CHORA YOUNG LLP
650 Sierra Madre Villa Avenue, Suite 304 Attorneys for Plaintiff Butler America, LLC
11 Pasadena, California 91107
12 [by MAIL] - I enclosed the document(s) in a sealed envelope or package addressed to
the person(s) whose address(es) are listed above and placed the envelope for collection
13 and mailing, following our ordinary business practices. I am readily familiar with this
business’s practice for collecting and processing correspondence for mailing. On the
14 same day that correspondence is placed for collection and mailing, it is deposited in the
ordinary course of business with the United States Postal Service in San Diego California,
15 in a sealed envelope with postage fully prepaid.
[by FAX] - Based on an agreement of the parties to accept service by fax transmission,
16 I faxed the document(s) to the person(s) at fax number(s) listed above from fax number
(858) 597-9601. The fax reported no errors. A copy of the transmission report is
17 attached.
[by OVERNIGHT DELIVERY] - I enclosed the document(s) in an envelope or package
18 provided by an overnight delivery carrier and addressed to the person(s) at the address(es)
listed above. I placed the envelope or package for collection and overnight delivery at an
19 office or a regularly utilized drop box of the overnight carrier.
[by ELECTRONIC SERVICE] - Based on a court order or an agreement of the parties
20 to accept service by electronic transmission, I electronically served the document(s) to
the person(s) at the electronic service address(es) listed above.
21
I declare under penalty of perjury, under the laws of the State of California, that the
22 foregoing is true and correct.
23 Executed March 1, 2022, at San Diego, California.
24 Amanda Funkhouser By:
Print Name Signature
25
26
27
28
1
PROOF OF SERVICE
FP 43364539.1
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1 Shayna Balch Santiago (SBN 304802) E-Mail: ssantiago@fisherphillips.com 2 FISHER & PHILLIPS LLP 3200 N. Central Avenue, Suite 1550 3 Phoenix, Arizona 85012-2487 Telephone: (602) 281-3400 4 Facsimile: (602) 281-3401 5 Kathryn M. Evans (SBN 323190) E-Mail: kmevans@fisherphillips.com 6 FISHER & PHILLIPS LLP 4747 Executive Drive, Suite 1000 7 San Diego, California 92121 Telephone: (858) 597-9600 8 Facsimile: (858) 597-9601 9 Attorneys for Defendants, UCOMMG, LLC; Unified Communications Group, Inc.; 10 Kenneth W. Newbatt; Bianca Newbatt; Mitchell C. Lipkin; Michael J. Bellas; Jimmie Garrett Baker, Jr.; 11 WesTele Utility Solutions, LLC; and Cynthia Baker 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 FOR THE COUNTY OF SANTA BARBARA - ANACAPA DIVISION 14 BUTLER AMERICA, LLC, a Delaware CASE NO.: 20CV03877 limited liability company, [Unlimited Jurisdiction] 15 Plaintiff, Assigned for all purposes to the 16 Honorable Donna D. Geck, Dept. 4 v. 17 DEFENDANTS’ NOTICE OF MOTION UCOMMG, LLC, a Nevada limited liability AND MOTION FOR SANCTIONS 18 company; UNIFIED COMMUNICATIONS PURSUANT TO CODE OF CIVIL GROUP, INC., a dissolved Washington PROCEDURE SECTION 128.7 19 corporation; KENNETH W. NEWBATT, an individual; BIANCA NEWBATT, an [Filed concurrently with Memorandum of 20 individual; MITCHELL C. LIPKIN, an Points and Authorities, Declaration of Shayna individual; MICHAEL J. BELLAS, an Balch Santiago, and [Proposed] Order] 21 individual; JIMMIE GARRETT BAKER, JR., an individual; WESTELE UTILITY DATE: June 10, 2022 22 SOLUTIONS, LLC, a California limited TIME: 10:00 a.m. liability company; and DOES 1 through 50, DEPT.: 4 23 inclusive, Complaint Filed: November 20, 2020 24 Defendants. Removal Filed: January 4, 2021 FAC Filed: April 16, 2021 25 SAC Filed: December 3, 2021 Trial Date: Not Set 26 27 28 DEFENDANTS’ NOTICE OF MOTION AND MOTION FOR SANCTIONS PURSUANT TO CCP SECTION 128.7 FP 43364539.1 1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN: 2 NOTICE IS HEREBY GIVEN that on June 10, 2022, at 10:00 a.m., or as soon thereafter 3 as the matter may be heard, in Department 4 of the above-entitled Court, located at 1100 Anacapa 4 Street, Santa Barbara, California 93121-1107, Defendants UCOMMG, LLC; Unified 5 Communications Group, Inc.; Kenneth W. Newbatt; Bianca Newbatt; Mitchell C. Lipkin; 6 Michael J. Bellas; WesTele Utility Solutions, LLC; and Cynthia Baker (hereinafter 7 “Defendants”) will move this Court for an order imposing monetary sanctions on Plaintiff Butler 8 America, LLC, and Plaintiff’s attorney of record, the law firm of Chora Young & Manasserian, 9 jointly and severally. 10 This motion is based on the grounds that Plaintiff and its counsel of record have violated 11 California Code of Civil Procedure section 128.7(b) by filing and certifying a pleading that is 12 being presented primarily for an improper purpose, filing a pleading containing allegations that 13 lack any evidentiary support, and filing a pleading asserting claims and legal contentions that are 14 not warranted by existing law or by a non-frivolous argument for the extension, modification, or 15 reversal of existing law or the establishment of new law. This motion is based on this notice, the 16 Memorandum of Points and Authorities attached hereto, the Declaration of Shayna Balch 17 Santiago and attached exhibits, all papers previously filed in this matter, and on such other and 18 further evidence which may be presented at the time of the hearing. 19 20 DATE: March 1, 2022 FISHER & PHILLIPS LLP 21 22 By: Shayna Balch Santiago 23 Kathryn M. Evans Attorneys for Defendants, 24 UCOMMG, LLC; UNIFIED COMMUNICATIONS GROUP, INC.; 25 KENNETH W. NEWBATT; BIANCA NEWBATT; MITCHELL C. LIPKIN; MICHAEL 26 J. BELLAS; JIMMIE GARRETT BAKER, JR.; WESTELE UTILITY SOLUTIONS, LLC; and 27 CYNTHIA BAKER 28 1 DEFENDANTS’ NOTICE OF MOTION AND MOTION FOR SANCTIONS PURSUANT TO CCP SECTION 128.7 FP 43364539.1 1 PROOF OF SERVICE (CCP §§1013(a) and 2015.5) 2 I, the undersigned, am at least 18 years old and not a party to this action. I am employed 3 in the County of San Diego with the law offices of Fisher & Phillips LLP and its business address is 4747 Executive Drive, Suite 1000, San Diego, California 92121. 4 On March 1, 2022, I served the following document(s) DEFENDANTS’ NOTICE OF 5 MOTION AND MOTION FOR SANCTIONS PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 128.7 on the person(s) listed below by placing the original a 6 true copy thereof enclosed in sealed envelope(s) addressed as follows: 7 Paul P. Young Tel: (626) 744-1838 8 Joseph Chora Fax: (626) 744-3167 Cameron H. Totten E-Mail: paul@cym.law; joseph@cym.law; 9 Armen Manasserian cameron@cym.law; armen@cym.law; Scott O’Haloran scott@cym.law 10 CHORA YOUNG LLP 650 Sierra Madre Villa Avenue, Suite 304 Attorneys for Plaintiff Butler America, LLC 11 Pasadena, California 91107 12 [by MAIL] - I enclosed the document(s) in a sealed envelope or package addressed to the person(s) whose address(es) are listed above and placed the envelope for collection 13 and mailing, following our ordinary business practices. I am readily familiar with this business’s practice for collecting and processing correspondence for mailing. On the 14 same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in San Diego California, 15 in a sealed envelope with postage fully prepaid. [by FAX] - Based on an agreement of the parties to accept service by fax transmission, 16 I faxed the document(s) to the person(s) at fax number(s) listed above from fax number (858) 597-9601. The fax reported no errors. A copy of the transmission report is 17 attached. [by OVERNIGHT DELIVERY] - I enclosed the document(s) in an envelope or package 18 provided by an overnight delivery carrier and addressed to the person(s) at the address(es) listed above. I placed the envelope or package for collection and overnight delivery at an 19 office or a regularly utilized drop box of the overnight carrier. [by ELECTRONIC SERVICE] - Based on a court order or an agreement of the parties 20 to accept service by electronic transmission, I electronically served the document(s) to the person(s) at the electronic service address(es) listed above. 21 I declare under penalty of perjury, under the laws of the State of California, that the 22 foregoing is true and correct. 23 Executed March 1, 2022, at San Diego, California. 24 Amanda Funkhouser By: Print Name Signature 25 26 27 28 1 PROOF OF SERVICE FP 43364539.1