Trial: Philip Restivo vs Worldwide Ground Transportation Solutions, Inc. at el

• 
• 

						
                                
Preview
                                SUPERIOR COURT OF CALIFORNIA
                                                          COUNTY OF SANTA CLARA
                                                  HONORABLE CHRISTOPHER G. RUDY


         DATE March 11, 2019                                                              CASE NO.:17CV308469
         TIME 9:00a.m.                                                                    DEPARTMENT:


           LAINTIFF                                                                       COUNSEL:
                  PHILLIP RESTIVO                                                                  Michael G. Ackerman, Esq.
         VS.

         DEFENNT:                                                                         COUNSEL:
                  WORLDWIDE GROUND TRANSPORTATION                                                  William R. Cumming, Esq. and
                  SOLUTIONS, INC., et al                                         Nancy M. Battel, Esq.


         CLERK:Donna M. O’Hara                                 REPORTER:Carly Tillotson, CSR#13627


         TYPE OF PROCEEDING JURYTRIAL


         9:07 am           Thiscase is called on the record, Counsel and the parties are present as listed above.                The Court
                           signs the Request for Appointment of Official Reporter Form. The Court asks if there is any
                           objection to plaintiff’s Motion to Amend the Complaint.The court states that itintends to GRANT
                           the motion. Defense counsel asthe Court to defer ruling on the motion until after furthe
                           discussions in chambers.
         9:15 am           Off the record, counsel meets with the Court in chambers.

         10:52 am          Back on the record, the Court rules on the following Motions in Limine:
                           Plaintiff:
                           To exclude from the courtroom any witness who are not being examined                     GRANTED
                           To exclude any mention in voir dire, opening statement or during the testimony of any witness any
                           mention or evidence of any other lawsuit or litigation Plaintiff, Phil Restivo and/or Restivo
                           Enterprises, Inc. may have been or is involved in other than this case. The Court listens to
                           argument and the motion is GRANTED, subject to d                   endant’sintro ductionof evidence in
                           dispute of the Court’s ruling.
                           To request that the court instruct counsel for Defendant that neither counsel nor any of their
                           witnesses shall comment upon the grant or a motion for summary adjudicationis GRANTED.

                           Defendant
                           To preclude arguments and evidence in conflict with the courts order regarding Summary
                           Judgment. The Court listens to argument and will rule on the motion tomorrow, March 12, 2019.
                           To preclude arguments and evidence regarding the enforceability and value of the non compete
                           clauseThe Court listens to argument and intends to GRANT the motion.
                           To limit the period of time plaintiff can claim damages.The Court lis tens to argument and the

          17CV308469, RESTIVO VS. WORLDWIDE GROUND TRANSPORTATION SOLUTIONS, INC., J. BROWN, et al.
         Date:   March 11, 2019                                                                                           Page of
                           Court intends to GRANTthe motion, limited to damages prior to 9/15/15and will rule on the
                           motion tomorrow, March 12, 2019.
         12:00 pm          The Court clarifies that the Motion to Amend is GRANTED and that Mr. Brown is no longer a part
                           f this case.
         12:02 pm          The Court directs the clerk to order 60 jurors to be present tomorrow, March 12, 2019 at 2:00 pm.

                           The Court stands adjourned and will reconvene at 1:30 PM tomorrow afternoon.

                           Plaintiff’s counsellodges the deposition of James Brown, taken May 14, 2018 with the clerk.




          17CV308469, RESTIVO VS. WORLDWIDE GROUND TRANSPORTATION SOLUTIONS, INC., J. BROWN, et al.
         Date:   March 11, 2019                                                                                           Page of