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EXHIBIT 2
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333 S. Grand Avenue
Los Angeles, CA 90071-1543
Winston & Strawn LLP
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[PROPOSED] ORDER
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Steven D. Atlee (SBN: 151025)
satlee@winston.com
Jason C. Hamilton (SBN: 267968)
jhamilton@winston.com
Andrew S. Jick (SBN: 278943)
ajick@winston.com
WINSTON & STRAWN LLP
333 S. Grand Avenue
Los Angeles, CA 90071-1543
Telephone:
(213) 615-1700
Facsimile:
(213) 615-1750
Attorneys for Defendants,
AMERICAN RESIDENTIAL SERVICES L.L.C. and
A R S AMERICAN RESIDENTIAL SERVICES OF CALIFORNIA, INC.
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF SANTA CLARA
333 S. Grand Avenue
Los Angeles, CA 90071-1543
Winston & Strawn LLP
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VIRGINIA L. BARNES, individually and
behalf of others similarly situated,
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ASSIGNED FOR ALL PURPOSES TO:
Hon. Peter H. Kirwan
Dept. 1
Plaintiff,
v.
AMERICAN RESIDENTIAL SERVICES
L.L.C., A R S AMERICAN RESIDENTIAL
SERVICES OF CALIFORNIA, INC., HALO
WATER SYSTEMS, LLC, GLEN BLAVET,
as an individual, and DOES 1 through 100,
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[PROPOSED] ORDER GRANTING ARS’S
MOTION FOR SUMMARY
ADJUDICATION OF LICENSING ISSUES
PURSUANT TO CODE OF CIVIL
PROCEDURE SECTION 437c(s) AND FOR
SUMMARY JUDGMENT OF PLAINTIFF’S
SEVENTH CAUSE OF ACTION
Defendants.
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Case No. 1-10-CV-183947
HALO WATER SYSTEMS, LLC; and GLEN
BLAVET, as an individual,
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[Filed concurrently with Notice of Motion and
Motion; Memorandum of Points and
Authorities; Separate Statement of Undisputed
Material Facts; and Appendix of Evidence]
Date: May 30, 2014
Time: 9:00 a.m.
Department: 1
Trial Date: October 27, 2014
Cross-Complainants,
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v.
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SENTINEL HYDROSOLUTIONS, LLC, a
California corporation; WATTS WATER
QUALITY & CONDITIONING PRODUCTS,
INC., a Delaware corporation; SUPERIOR
MANUFACTURING, a division of Magnatech
Corporation; and ROES 1-50 inclusive,
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Cross-Defendants.
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Complaint Filed: September 30, 2010
Cross-Complaint Filed: September 21, 2012
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[PROPOSED] ORDER
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On May 30, 2014, at 9:00 a.m. in Department 1 of the above-titled Court, located at 191
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North First Street, San Jose, California 95113, defendants American Residential Services, L.L.C.
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and A R S American Residential Services of California, Inc. (collectively, “ARS”)’s motion for
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summary adjudication of licensing issues pursuant to Code of Civil Procedure section 437c(s) and
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for summary judgment of Plaintiff’s Seventh Cause of Action came on regularly for hearing.
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Plaintiff Virginia L. Barnes and ARS were represented by their respective counsel.
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After consideration of the papers and oral argument, the Court finds GOOD CAUSE and
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GRANTS SUMMARY ADJUDICATION. The Court finds that there is no genuine issue of
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material fact as follows:
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333 S. Grand Avenue
Los Angeles, CA 90071-1543
Winston & Strawn LLP
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ISSUE No. 1. Pursuant to Code of Civil Procedure section 437c(s), there is no triable issue
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of material fact as to Plaintiff’s Sixth and Seventh Causes of Action relating to Chris Peterson’s
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fulfillment of his duties under the applicable laws and regulations as Responsible Managing
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Employee for License 765155 because Chris Peterson fulfills at least one of the following
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independent avenues of compliance:
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Supervises construction; or
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Manages construction activities by making technical and administrative decisions; or
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Checks jobs for proper workmanship; or
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Directly supervises on construction jobsites.
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ISSUE No. 2. Pursuant to Code of Civil Procedure section 437c(s), there is no triable issue
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of material fact as to Plaintiff’s First, Sixth, and Seventh Causes of Action relating to ARS service
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technicians’ qualification for the licensing exemption of Business & Professions Code section 7053
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because ARS service technicians are employees who (1) receive wages as their sole compensation,
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(2) do not customarily engage in an independently established business, and (3) do not have the right
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to control or discretion as to the manner of performance so as to determine the final results of the
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work performed.
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[PROPOSED] ORDER
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ISSUE No. 3. Pursuant to Code of Civil Procedure section 437c(s), there is no triable issue
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of material fact as to Plaintiff’s First, Fourth, Sixth, and Seventh Causes of Action relating to ARS
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being properly licensed to install water conditioning equipment because ARS’s C-36 License allows
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it to install water conditioning equipment.
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333 S. Grand Avenue
Los Angeles, CA 90071-1543
Winston & Strawn LLP
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ISSUE No. 4. There is no triable issue of material fact as to Plaintiff’s Seventh Cause of
Action because:
(1) SUB-ISSUE No. 4(a). Chris Peterson fulfills at least one of the following independent
avenues of compliance under the applicable laws and regulations:
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Supervises construction; or
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Manages construction activities by making technical and administrative decisions;
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or
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Checks jobs for proper workmanship; or
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Directly supervises on construction jobsites.
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(2) SUB-ISSUE No. 4(b). ARS service technicians qualify for the licensing exemption of
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Business & Professions Code section 7053 because they are employees who (1) receive
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wages as their sole compensation, (2) do not customarily engage in an independently
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established business, and (3) do not have the right to control or discretion as to the
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manner of performance so as to determine the final results of the work performed.
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(3) SUB-ISSUE No. 4(c). ARS’s C-36 License allows it to install water conditioning
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equipment.
IT IS SO ORDERED.
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DATED: ______________________
___________________________________
Hon. Peter H. Kirwan
Judge of the Superior Court
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[PROPOSED] ORDER