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Michael G. Ackerman, Esq. (SBN 64997)
LAW OFFICES OF MICHAEL G. ACKERMAN
2391 The Alameda, Suite 100
Santa Clara, CA 95050
Telephone: (408) 261-5800
Facsimile: (408) 261-5900
Email: mga@mgackermanlaw.com
Attorneys for Plaintiff,
PHILIP RESTIVO
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
PHILIP RESTIVO, : Case No.: 17CV308469
Plaintiff, )
vs. ) NOTICE OF ENTRY OF ORDER ON
‘ ) MOTION TO DISQUALIFY THE LAW
WORLDWIDE GROUND ) OFFICES OF MICHAEL G, ACKERMAN
TRANSPORTATION SOLUTIONS, INC.; ) AS ATTORNEY OF RECORD FOR
JAMES BROWN, an individual; and DOES ) PLAINTIFF PHILIP RESTIVO
1 through 5, inclusive. )
)
Defendants. )
TO: ALL PARTIES HEREIN AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that on May 25, 2018, Judge Mary E. Arand signed the attached Order
On Motion to Disqualify the Law Offices of Michael G. Ackerman As Attorney of Record for Plaintiff
Philip Restivo, in the above referenced matter.
DATED: June Zé 2018
Ml
ICHAEL @. ERMAN; =
Attomeys or Plaintiff, PHILIP RESTIVO
C:\Users\cami\Documents\MyDocs\Restivo\BrownJames\Ntc. EntryofOrder.6.28.18.wpd
«d=
NOTICE OF ENTRY OF ORDER Case No.: 17CV308469oo WN OW OH FF WO NH =
vy My NYNHY HY DYN YD S&S BP ABABA BB 2a Be Bw Bs
nN OOF WN =F CO GO BN OWA F&F WO NH | OO
Michael G, Ackerman, Esq. (SBN 64997)
LAW OFFICES OF MICHAEL G. ACKERMAN e AS
2391 The Alameda, Suite 100 =
Santa Clara, CA 95050 .
D
Telephone: (408) 261-5800 JUN 04 2018
Facsimile: (408) 261-5900 Clerk :
Email: mga@mgackermanlaw.com _ ont Of the Court
Of CA Count
By. . ty of San
By
Attomeys for Plaintiff,
PHIL RESTIVO
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
PHILIP RESTIVO, Case No.: 17CV308469
Plaintiff,
ORDER ON MOTION TO DISQUALIFY
vs. THE LAW OFFICES OF MICHAEL G.
ACKERMAN AS ATTORNEY OF
WORLDWIDE GROUND See FOR PLAINTIFF PHILIP
TRANSPORTATION SOLUTIONS, INC.;
JAMES BROWN, an individual; and
DOES 1 through 5, inclusive.
Defendants.
Defendants Worldwide Ground Transportation Solutions, Inc. and James Brown's
motion to disqualify the Law Offices of Michael G. Ackerman as attorney of record for
Plaintiff Philip Restivo came on for hearing in Department 9 of the above-entitled court
before the honorable Mary E. Arand, Judge of the Santa Clara County Superior Court, on
December 8, 2017 at 10:00 a.m. Michael G. Ackerman appeared in person. William R.
Cumming and Kathryn Anderson appeared by CourtCall. The matter was not reported by
a court reporter. The court, having considered the memoranda and declarations filed in
support of and in opposition to said motion, makes the following order:
4
ORDER ON MOTION TO DISQUALIFY THE LAW OFFICES
OF MICHAEL G, ACKERMAN AS ATTORNEY OF RECORD
FOR PLAINTIFF PHILIP RESTIVO Case No. 17CV308469ay
fo) tree foe) oe fo) Ge eS te
Defendants’ motion is DENIED. The court finds the defendants retained Michael
Ackerman in 2009 for a limited purpose that resulted in a letter being sent but no litigation.
The amount of time billed was .8 hours. There is a factual dispute in the declarations filed
between the parties. The statement by Mr. Brown that Mr. Ackerman allegedly was to
provide advice to Mr. Restivo and Mr. Brown regarding the asset purchase agreement in
2014 is not credible. The declarations of Greg Carpenter, Philip Restivo and Michael G.
Ackerman directly refute Mr. Brown’s statement. The court finds the declarations in
support of Mr. Ackerman more credible and therefore the court finds there was no
substantial relationship between the 2008 engagement and this lawsuit that would support
the court granting the motion to disqualify.
. id
DATED: jas h x Mary E. Aran
THE HONORABLE MARY E. ARAND
Judge of the Superior Court
APPROVED AS TO FORM:
DATED: January 11, 2018 CUMMING & ASSOCIATES, APLC
WILLIAM R. CUMMING, 7
Attorneys for Defendants, RLDWIDE
GROUND TRANSPORTATION
SOLUTIONS, INC., and JAMES BROWN
C:\MyDocs\S,E.G\CrossComplaint.wpd
_2
ORDER ON MOTION TO DISQUALIFY THE LAW OFFICES
OF MICHAEL G. ACKERMAN AS ATTORNEY OF RECORD
FOR PLAINTIFF PHILIP RESTIVO 7 Case No. 17CV308469nN
wo
wn
x
PROOF OF SERVICE
The undersigned declares:
lam a citizen of the United States and a resident of Santa Clara County, State of
California. I am over the age of eighteen (18) years and not a party to the within above-entitled
action. My business address is 2391 The Alameda, Suite 100, Santa Clara, CA 95050.
On June 29, 2018, I served a copy of the following document(s) described as:
= NOTICE OF ENTRY OF ORDER ON MOTION TO DISQUALIFY THE LAW
OFFICES OF MICHAEL G. ACKERMAN AS ATTRONEY OF RECORD FOR
PLAINTIFF PHILIP RESTIVO
on the interested parties in this action by placing true copies thereof in a sealed envelope
addressed to the person(s) listed below:
William R. Cumming, Esq
Cumming & Associates, APLC
3080 Bristol Street, Suite 630
Costa Mesa, CA 92626
Facsimile: (714-) 202-3162
(Attorneys for Defendants, James Brown,
Worldwide Ground Transportation Solutions, Inc.)
™ (By U.S. Mail) | am readily familiar with my employer’s business practice for collection
and processing of correspondence for mailing with the United States Postal Service. 1 am aware
that on motion of the party served, service is presumed invalid if postal cancellation date or
postage meter is more than one day after dated of deposit for mailing in affidavit. I caused to be
deposited such envelope(s) with postage thereon fully paid to be placed in the United States Mail
at Santa Clara, California.
() (By Personal Service) | caused to be delivered by hand on the interested parties in this
action by having true and correct copies placed thereof in an envelope addressed to the office of
the addressee(s) as above indicated.
( ) (By Facsimile) I caused to be served by facsimile a true and correct copy pursuant to
C.C.P. §1013(e), calling for agreement and written confirmation of that agreement on court
order, to the number(s) listed above or on an attached sheet. Said transmission was reported
complete and without error.
Mt
-l-
Proof of Servicetw
() (By E-Mail) I caused a true copy of the foregoing document to be served on William R.
Cumming, Esq., at cumming@cummingandassociateslaw.com, with Cumming & Associates,
APLC via e-mail at his respective email address. This e-mail was complete and no reports of
error were received on June 29, 2018.
() (By Federal Express Overnight Mail) I caused to be served a true and correct copy
enclosed in a sealed package, for Federal Express Overnight collection and for overnight
delivery. I had said envelope marked for collection and overnight delivery to the addressed and
to the office of the addressee(s) as above indicated. In the ordinary course of business and
including said overnight envelopes, will be deposited with Federal Express at Santa Clara,
California.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration was executed in the City of Santa Clara,
State of California, on June 29, 2018.
aD «
Proof of Service
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Michael G. Ackerman, Esq. (SBN 64997) LAW OFFICES OF MICHAEL G. ACKERMAN 2391 The Alameda, Suite 100 Santa Clara, CA 95050 Telephone: (408) 261-5800 Facsimile: (408) 261-5900 Email: mga@mgackermanlaw.com Attorneys for Plaintiff, PHILIP RESTIVO SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA PHILIP RESTIVO, : Case No.: 17CV308469 Plaintiff, ) vs. ) NOTICE OF ENTRY OF ORDER ON ‘ ) MOTION TO DISQUALIFY THE LAW WORLDWIDE GROUND ) OFFICES OF MICHAEL G, ACKERMAN TRANSPORTATION SOLUTIONS, INC.; ) AS ATTORNEY OF RECORD FOR JAMES BROWN, an individual; and DOES ) PLAINTIFF PHILIP RESTIVO 1 through 5, inclusive. ) ) Defendants. ) TO: ALL PARTIES HEREIN AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on May 25, 2018, Judge Mary E. Arand signed the attached Order On Motion to Disqualify the Law Offices of Michael G. Ackerman As Attorney of Record for Plaintiff Philip Restivo, in the above referenced matter. DATED: June Zé 2018 Ml ICHAEL @. ERMAN; = Attomeys or Plaintiff, PHILIP RESTIVO C:\Users\cami\Documents\MyDocs\Restivo\BrownJames\Ntc. EntryofOrder.6.28.18.wpd «d= NOTICE OF ENTRY OF ORDER Case No.: 17CV308469oo WN OW OH FF WO NH = vy My NYNHY HY DYN YD S&S BP ABABA BB 2a Be Bw Bs nN OOF WN =F CO GO BN OWA F&F WO NH | OO Michael G, Ackerman, Esq. (SBN 64997) LAW OFFICES OF MICHAEL G. ACKERMAN e AS 2391 The Alameda, Suite 100 = Santa Clara, CA 95050 . D Telephone: (408) 261-5800 JUN 04 2018 Facsimile: (408) 261-5900 Clerk : Email: mga@mgackermanlaw.com _ ont Of the Court Of CA Count By. . ty of San By Attomeys for Plaintiff, PHIL RESTIVO SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA PHILIP RESTIVO, Case No.: 17CV308469 Plaintiff, ORDER ON MOTION TO DISQUALIFY vs. THE LAW OFFICES OF MICHAEL G. ACKERMAN AS ATTORNEY OF WORLDWIDE GROUND See FOR PLAINTIFF PHILIP TRANSPORTATION SOLUTIONS, INC.; JAMES BROWN, an individual; and DOES 1 through 5, inclusive. Defendants. Defendants Worldwide Ground Transportation Solutions, Inc. and James Brown's motion to disqualify the Law Offices of Michael G. Ackerman as attorney of record for Plaintiff Philip Restivo came on for hearing in Department 9 of the above-entitled court before the honorable Mary E. Arand, Judge of the Santa Clara County Superior Court, on December 8, 2017 at 10:00 a.m. Michael G. Ackerman appeared in person. William R. Cumming and Kathryn Anderson appeared by CourtCall. The matter was not reported by a court reporter. The court, having considered the memoranda and declarations filed in support of and in opposition to said motion, makes the following order: 4 ORDER ON MOTION TO DISQUALIFY THE LAW OFFICES OF MICHAEL G, ACKERMAN AS ATTORNEY OF RECORD FOR PLAINTIFF PHILIP RESTIVO Case No. 17CV308469ay fo) tree foe) oe fo) Ge eS te Defendants’ motion is DENIED. The court finds the defendants retained Michael Ackerman in 2009 for a limited purpose that resulted in a letter being sent but no litigation. The amount of time billed was .8 hours. There is a factual dispute in the declarations filed between the parties. The statement by Mr. Brown that Mr. Ackerman allegedly was to provide advice to Mr. Restivo and Mr. Brown regarding the asset purchase agreement in 2014 is not credible. The declarations of Greg Carpenter, Philip Restivo and Michael G. Ackerman directly refute Mr. Brown’s statement. The court finds the declarations in support of Mr. Ackerman more credible and therefore the court finds there was no substantial relationship between the 2008 engagement and this lawsuit that would support the court granting the motion to disqualify. . id DATED: jas h x Mary E. Aran THE HONORABLE MARY E. ARAND Judge of the Superior Court APPROVED AS TO FORM: DATED: January 11, 2018 CUMMING & ASSOCIATES, APLC WILLIAM R. CUMMING, 7 Attorneys for Defendants, RLDWIDE GROUND TRANSPORTATION SOLUTIONS, INC., and JAMES BROWN C:\MyDocs\S,E.G\CrossComplaint.wpd _2 ORDER ON MOTION TO DISQUALIFY THE LAW OFFICES OF MICHAEL G. ACKERMAN AS ATTORNEY OF RECORD FOR PLAINTIFF PHILIP RESTIVO 7 Case No. 17CV308469nN wo wn x PROOF OF SERVICE The undersigned declares: lam a citizen of the United States and a resident of Santa Clara County, State of California. I am over the age of eighteen (18) years and not a party to the within above-entitled action. My business address is 2391 The Alameda, Suite 100, Santa Clara, CA 95050. On June 29, 2018, I served a copy of the following document(s) described as: = NOTICE OF ENTRY OF ORDER ON MOTION TO DISQUALIFY THE LAW OFFICES OF MICHAEL G. ACKERMAN AS ATTRONEY OF RECORD FOR PLAINTIFF PHILIP RESTIVO on the interested parties in this action by placing true copies thereof in a sealed envelope addressed to the person(s) listed below: William R. Cumming, Esq Cumming & Associates, APLC 3080 Bristol Street, Suite 630 Costa Mesa, CA 92626 Facsimile: (714-) 202-3162 (Attorneys for Defendants, James Brown, Worldwide Ground Transportation Solutions, Inc.) ™ (By U.S. Mail) | am readily familiar with my employer’s business practice for collection and processing of correspondence for mailing with the United States Postal Service. 1 am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter is more than one day after dated of deposit for mailing in affidavit. I caused to be deposited such envelope(s) with postage thereon fully paid to be placed in the United States Mail at Santa Clara, California. () (By Personal Service) | caused to be delivered by hand on the interested parties in this action by having true and correct copies placed thereof in an envelope addressed to the office of the addressee(s) as above indicated. ( ) (By Facsimile) I caused to be served by facsimile a true and correct copy pursuant to C.C.P. §1013(e), calling for agreement and written confirmation of that agreement on court order, to the number(s) listed above or on an attached sheet. Said transmission was reported complete and without error. Mt -l- Proof of Servicetw () (By E-Mail) I caused a true copy of the foregoing document to be served on William R. Cumming, Esq., at cumming@cummingandassociateslaw.com, with Cumming & Associates, APLC via e-mail at his respective email address. This e-mail was complete and no reports of error were received on June 29, 2018. () (By Federal Express Overnight Mail) I caused to be served a true and correct copy enclosed in a sealed package, for Federal Express Overnight collection and for overnight delivery. I had said envelope marked for collection and overnight delivery to the addressed and to the office of the addressee(s) as above indicated. In the ordinary course of business and including said overnight envelopes, will be deposited with Federal Express at Santa Clara, California. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed in the City of Santa Clara, State of California, on June 29, 2018. aD « Proof of Service