Preview
CM-110
"ATTORNEY OR PARTY WITHOUT ATTORNEY (Namo, State Bar number, andadaress): FOR COURT
USE ONLY
William R. Cumming, State Bar No. 200966
‘Cumming & Associates, APLC
3080 Bristol Street, Suite 630, Costa Mesa, CA 92626
TeLepHONE No.: 714-432-6494 FAXNO. (Optional): 714-202-3162
EMAIL ADDRESS (Optional): Cumming@cummingandassociateslaw.com
ATTORNEY FOR (Name): Defendants Worldwide Ground Transportation, et all.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
street aporess: 191 N. 1st Street
MAILING ADDRESS:
CiTy AND ZIP CODE: San Jose, CA 9511392701
BRANCHNAME: Central Justice Center
PLAINTIFF/PETITIONER: Philip Restivo
DEFENDANT/RESPONDENT: Worldwide Ground Transportation Solutions, Inc.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): (2 unumitep case [4 umrtep case 17CV308469
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: June 19, 2018 Time: 10:00 a.m. Dept.: D-09 Div. Room:
Address of court (if different from the address above).
[4 Notice of Intent to Appear by Telephone, by (name): William R. Cumming
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one).
a. [] This statement is submitted by party (name).
This statement is submitted jointly by parties (names): Worldwide Ground Transportation and James Brown
Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date).
b. [7] The cross-complaint, if any, was filed on (date):
Service (to be answered by plaintiffs and cross-complainants only)
a 4 al parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. [] The following parties named in the complaint or cross-complaint
(1) (1 have not been served (specify names and explain why not).
(2) [] have been served but have not appeared and have not been dismissed (specify names).
(3) [1] have had a default entered against them (specify names):
c. [7] The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
Description of case
a Type of case in [7] complaint Oo cross-complaint (Describe, including causes of action).
The cause of action is for breach of settlement agreement.
Page of 5
Fomn Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cai. Rules of Court,
sudiial Counc of ‘ules 3,720-3.730
omen aly e200 wevw.courts.ca.gov
CM-110
PLAINTIFFIPETITIONER: Philip Restivo ‘CASE NUMBER:
17CV308469
DEFENDANT/RESPONDENT: Worldwide Ground Transportation Solutions, Inc.
4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost
earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
Defendant Worldwide Ground Transportation, Inc. ("Worldwide") and Restivo Enterprises, Inc. ("Restivo") entered
into a purchase and sale agreement in which Worldwide purchased certain assets of Restivo. A dispute arose
between the two entities and was later resolved pursuant to a mediation agreement. Phil Restivo in his individual
Capacity is improperly suing under the mediation agreement and improperly named James Brown.
[1 (more space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial
The party or parties request [) a jury trial Wa nonjury trial. (If more than one party, pravide the name of each party
requesting a jury trial):
Trial date
a. [_] The trial has been set for (date):
b. [71 No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if
not, explain):
Mr. Brown intends to file a motion for summary judgment & requests a trial date to allow motion to be filed
c. Dates on which parties or attorneys will not be availabie for trial (specify dates and explain reasons for unavailability):
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. [41 days (specify number): three days
b. [1] hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial [¥] by the attorney or party listed in the caption [-) by the following:
a. Attorney:
b. Firm:
©. Address:
d. Telephone number: f. Fax number:
E-mail address:
eo
g. Party represented:
Additional representation is described in Attachment 8.
9. Preference
[1] This case is entitled to preference (specify code section):
10. Alternative dispute resolution (ADR)
a. ADR information package. Please note that different ADR processes are available in different courts and communities; read
the ADR information package provided by the court under rule 3.221 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel [—] fas [1 has not provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party [1 has £71 has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) [-]
mediation under
statutory limit.
é ode
This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
2 CI Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of
Civil Procedure section 1141.11.
@ Co This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action
mediation under de of Civil Procedure section 1775 et seq. (specify exemption):
(CM-110 [Rev. duly 1, 2077] CASE MANAGEMENT STATEMENT Page? of 5
CM-110
| PLAINTIFF/PETITIONER: Philip Restivo [CASE NUMBER:
17CV308469
DEFENDANT/RESPONDENT: Worldwide Ground Transportation Solutions, Inc.
10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or
have already participated in (check all that apply and provide the specified information):
The party or parties completing | If the party or parties completing this form in the case have agreed to
this form are willing to participate in or have already completed an ADR process or processes,
participate in the following ADR indicate the status of the processes (attach a copy of the parties' ADR
processes (check all that apply): stipulation):
wm Mediation session not yet scheduled
wi Co Mediation session scheduled for (date):
(1) Mediation
Co Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
conference
Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
(4) Nonbinding judicial Judicial arbitration scheduled for (date):
arbitration
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(8) Binding private Private arbitration scheduled for (date):
arbitration Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
ADR session scheduled for (date):
(6) Other (specify):
Agreed to complete ADR session by (date):
ADR completed on (date):
CMA10 [Rev July
1, 2017] Page
3 ofS
CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Philip Restivo
170308469
DEFENDANT/RESPONDENT: Worldwide Ground Transportation Solutions, Inc.
11. Insurance
a. (] Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: Yes No
c. {1 Coverage issues will significantly affect resolution of this case (explain):
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
[-} Bankruptey [—] other (specify):
Status:
13. Related cases, consolidation, and coordination
a. [__] There are companion, underiying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
[J Additional cases are described in Attachment 13a.
b. [] Amotion to [1] consolidate CJ coordinate will be filed by (name party):
14. Bifurcation
[] The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of
action (specify moving party, type of motion, and reasons):
15. Other motions
[1] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Motion for summary judgment as to James Brown.
16. Discovery
a. (_] The party or parties have compieted all discovery.
The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Defendants Written Discovery TBD
Defendants Depositions TBD
The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Defendants served written discovery on Philip Restivo. The responses were inadequate and a lengthy meet
and confer letter was sent to counsel. Counsel has agreed to serve supplemental responses, but to date, the
responses have not been received. If the responses are not sufficient, defendants will file motions to compe!
further responses.
(Cet 10 [Rev. duly 1, 201%] CASE MANAGEMENT STATEMENT Page 40f5
CM-110
PLAINTIFF/PETITIONER: Philip Restivo ‘CASE NUMBER:
|_ 17CV308469
DEFENDANT/RESPONDENT: Worldwide Ground Transportation Solutions, Inc.
17. Economic litigation
a. L__] This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic jitigation procedures in Code
of Civil Procedure sections 90-98 will apply to this case.
b. [_] This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional
discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or tria!
should not apply to this case):
18. Other issues
(7) The party or parties request that the foliowing additional matters be considered or determined at the case management
conference (specify):
Defense counse! requests the court inquire about the status of defendants' discovery requests and plaintiff's
responses. Defense counsel is hopeful any discovery disputes can be resolved informally without requesting
the court to intervene.
19. Meet and confer
a The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules
of Court (if not, explain)
b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
20. Total number of pages attached (if any).
lam completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution,
as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of
the case management conference, including the written authority of the party where required.
Date: June5, 2018
William R. Cumming
(TYPE OR PRINT NAME)
Duwmvltn/
(SIGNATURE OF mmo
(TYPE OR PRINT NAME)
» (SIGNATURE OF PARTY OR ATTORNEY)
[] Additional signatures are attached.
(CM-110 [Rev July1, 2011] CASE MANAGEMENT STATEMENT Page
5 of 5
PROOF OF SERVICE
I, Laurie St. Claire, declare that my business address is 3080 Bristol Street, Suite 630,
Costa Mesa, California 92926. I am over the age of eighteen years and not a party to this action.
3 || On the date set forth below, I served the foregoing document(s) described as:
4 CASE MANAGEMENT STATEMENT
5 || on the person(s) in this action listed in the attached Service List.
6
xX BY FIRST CLASS MAIL: J am employed in the County of Orange County
7 where the mailing occurred. I enclosed the document(s) identified above in a
sealed envelope or package addressed to the person(s) listed above, with postage
8 fully paid. I placed the envelope or package for collection and mailing, following
our ordinary business practice. I am readily familiar with this firm’s practice for
9 collecting and processing correspondence for mailing. On the same day that
correspondence is placed for collection and mailing, it is deposited in the ordinary
10 course of business with the United States Postal Service.
il BY PERSONAL SERVICE: I caused the document(s) identified above to be
delivered to the person(s) listed on the attached Service List via personal service.
12
BY OVERNIGHT DELIVERY: I enclosed the document(s) identified above in a
13 sealed envelope or package addressed to the person(s) listed above, in an
envelope or package designated by the overnight delivery carrier with delivery
14 fees paid or provided for. I placed the envelope or package for collection and
overnight delivery at an office or a regularly utilized drop box of the overnight
15 delivery carrier, or by delivering to a courier or driver authorized by the overnight
delivery carrier to receive documents.
16
BY ONE LEGAL E-S EI RVICE: I served the document(s) identified above by
17 delivering a copy to One Legal for electronic service on the person(s) listed on the
attached Service List.
18
XI BY ELECTRONIC MAIL: Based on a court order or an agreement of the parties
19 to accept service by electronic mail, I caused the document(s) identified above to
be transmitted electronically to the person(s) at the e-mail address(es) listed
20 above. I did not receive, within a reasonable time after the transmission, any
electronic message or other indication that the transmission was unsuccessful.
21
I declare under penalty of perjury under the laws of the United States and the State of
22 California that the foregoing is true and correct.
23 Executed on June 5, 2018, at Costa Mesa, California.
24
/s/ Laurie St. Claire
25 Laurie St. Claire
26
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28
i
PROOF OF SERVICE
SERVICE LIST
Michael G. Ackerman, Esq.
mga@mgackermanlaw.com
Law Offices of Michael G. Ackerman
2391 The Alameda, Suite 100
Santa Clara, CA 95050
Telephone: 408-261-5800
Facsimile: 408-261-5900
Counsel for Plaintiff Philip Restivo
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PROOF OF SERVICE
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CM-110 "ATTORNEY OR PARTY WITHOUT ATTORNEY (Namo, State Bar number, andadaress): FOR COURT USE ONLY William R. Cumming, State Bar No. 200966 ‘Cumming & Associates, APLC 3080 Bristol Street, Suite 630, Costa Mesa, CA 92626 TeLepHONE No.: 714-432-6494 FAXNO. (Optional): 714-202-3162 EMAIL ADDRESS (Optional): Cumming@cummingandassociateslaw.com ATTORNEY FOR (Name): Defendants Worldwide Ground Transportation, et all. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA street aporess: 191 N. 1st Street MAILING ADDRESS: CiTy AND ZIP CODE: San Jose, CA 9511392701 BRANCHNAME: Central Justice Center PLAINTIFF/PETITIONER: Philip Restivo DEFENDANT/RESPONDENT: Worldwide Ground Transportation Solutions, Inc. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): (2 unumitep case [4 umrtep case 17CV308469 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: June 19, 2018 Time: 10:00 a.m. Dept.: D-09 Div. Room: Address of court (if different from the address above). [4 Notice of Intent to Appear by Telephone, by (name): William R. Cumming INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one). a. [] This statement is submitted by party (name). This statement is submitted jointly by parties (names): Worldwide Ground Transportation and James Brown Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date). b. [7] The cross-complaint, if any, was filed on (date): Service (to be answered by plaintiffs and cross-complainants only) a 4 al parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. [] The following parties named in the complaint or cross-complaint (1) (1 have not been served (specify names and explain why not). (2) [] have been served but have not appeared and have not been dismissed (specify names). (3) [1] have had a default entered against them (specify names): c. [7] The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): Description of case a Type of case in [7] complaint Oo cross-complaint (Describe, including causes of action). The cause of action is for breach of settlement agreement. Page of 5 Fomn Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cai. Rules of Court, sudiial Counc of ‘ules 3,720-3.730 omen aly e200 wevw.courts.ca.gov CM-110 PLAINTIFFIPETITIONER: Philip Restivo ‘CASE NUMBER: 17CV308469 DEFENDANT/RESPONDENT: Worldwide Ground Transportation Solutions, Inc. 4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Defendant Worldwide Ground Transportation, Inc. ("Worldwide") and Restivo Enterprises, Inc. ("Restivo") entered into a purchase and sale agreement in which Worldwide purchased certain assets of Restivo. A dispute arose between the two entities and was later resolved pursuant to a mediation agreement. Phil Restivo in his individual Capacity is improperly suing under the mediation agreement and improperly named James Brown. [1 (more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request [) a jury trial Wa nonjury trial. (If more than one party, pravide the name of each party requesting a jury trial): Trial date a. [_] The trial has been set for (date): b. [71 No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): Mr. Brown intends to file a motion for summary judgment & requests a trial date to allow motion to be filed c. Dates on which parties or attorneys will not be availabie for trial (specify dates and explain reasons for unavailability): Estimated length of trial The party or parties estimate that the trial will take (check one): a. [41 days (specify number): three days b. [1] hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial [¥] by the attorney or party listed in the caption [-) by the following: a. Attorney: b. Firm: ©. Address: d. Telephone number: f. Fax number: E-mail address: eo g. Party represented: Additional representation is described in Attachment 8. 9. Preference [1] This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel [—] fas [1 has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party [1 has £71 has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) [-] mediation under statutory limit. é ode This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action of Civil Procedure section 1775.3 because the amount in controversy does not exceed the 2 CI Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. @ Co This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under de of Civil Procedure section 1775 et seq. (specify exemption): (CM-110 [Rev. duly 1, 2077] CASE MANAGEMENT STATEMENT Page? of 5 CM-110 | PLAINTIFF/PETITIONER: Philip Restivo [CASE NUMBER: 17CV308469 DEFENDANT/RESPONDENT: Worldwide Ground Transportation Solutions, Inc. 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check all that apply and provide the specified information): The party or parties completing | If the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parties' ADR processes (check all that apply): stipulation): wm Mediation session not yet scheduled wi Co Mediation session scheduled for (date): (1) Mediation Co Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (8) Binding private Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): ADR completed on (date): CMA10 [Rev July 1, 2017] Page 3 ofS CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Philip Restivo 170308469 DEFENDANT/RESPONDENT: Worldwide Ground Transportation Solutions, Inc. 11. Insurance a. (] Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: Yes No c. {1 Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. [-} Bankruptey [—] other (specify): Status: 13. Related cases, consolidation, and coordination a. [__] There are companion, underiying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: [J Additional cases are described in Attachment 13a. b. [] Amotion to [1] consolidate CJ coordinate will be filed by (name party): 14. Bifurcation [] The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions [1] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Motion for summary judgment as to James Brown. 16. Discovery a. (_] The party or parties have compieted all discovery. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Defendants Written Discovery TBD Defendants Depositions TBD The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Defendants served written discovery on Philip Restivo. The responses were inadequate and a lengthy meet and confer letter was sent to counsel. Counsel has agreed to serve supplemental responses, but to date, the responses have not been received. If the responses are not sufficient, defendants will file motions to compe! further responses. (Cet 10 [Rev. duly 1, 201%] CASE MANAGEMENT STATEMENT Page 40f5 CM-110 PLAINTIFF/PETITIONER: Philip Restivo ‘CASE NUMBER: |_ 17CV308469 DEFENDANT/RESPONDENT: Worldwide Ground Transportation Solutions, Inc. 17. Economic litigation a. L__] This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic jitigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. [_] This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or tria! should not apply to this case): 18. Other issues (7) The party or parties request that the foliowing additional matters be considered or determined at the case management conference (specify): Defense counse! requests the court inquire about the status of defendants' discovery requests and plaintiff's responses. Defense counsel is hopeful any discovery disputes can be resolved informally without requesting the court to intervene. 19. Meet and confer a The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain) b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any). lam completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: June5, 2018 William R. Cumming (TYPE OR PRINT NAME) Duwmvltn/ (SIGNATURE OF mmo (TYPE OR PRINT NAME) » (SIGNATURE OF PARTY OR ATTORNEY) [] Additional signatures are attached. (CM-110 [Rev July1, 2011] CASE MANAGEMENT STATEMENT Page 5 of 5 PROOF OF SERVICE I, Laurie St. Claire, declare that my business address is 3080 Bristol Street, Suite 630, Costa Mesa, California 92926. I am over the age of eighteen years and not a party to this action. 3 || On the date set forth below, I served the foregoing document(s) described as: 4 CASE MANAGEMENT STATEMENT 5 || on the person(s) in this action listed in the attached Service List. 6 xX BY FIRST CLASS MAIL: J am employed in the County of Orange County 7 where the mailing occurred. I enclosed the document(s) identified above in a sealed envelope or package addressed to the person(s) listed above, with postage 8 fully paid. I placed the envelope or package for collection and mailing, following our ordinary business practice. I am readily familiar with this firm’s practice for 9 collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary 10 course of business with the United States Postal Service. il BY PERSONAL SERVICE: I caused the document(s) identified above to be delivered to the person(s) listed on the attached Service List via personal service. 12 BY OVERNIGHT DELIVERY: I enclosed the document(s) identified above in a 13 sealed envelope or package addressed to the person(s) listed above, in an envelope or package designated by the overnight delivery carrier with delivery 14 fees paid or provided for. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight 15 delivery carrier, or by delivering to a courier or driver authorized by the overnight delivery carrier to receive documents. 16 BY ONE LEGAL E-S EI RVICE: I served the document(s) identified above by 17 delivering a copy to One Legal for electronic service on the person(s) listed on the attached Service List. 18 XI BY ELECTRONIC MAIL: Based on a court order or an agreement of the parties 19 to accept service by electronic mail, I caused the document(s) identified above to be transmitted electronically to the person(s) at the e-mail address(es) listed 20 above. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. 21 I declare under penalty of perjury under the laws of the United States and the State of 22 California that the foregoing is true and correct. 23 Executed on June 5, 2018, at Costa Mesa, California. 24 /s/ Laurie St. Claire 25 Laurie St. Claire 26 27 28 i PROOF OF SERVICE SERVICE LIST Michael G. Ackerman, Esq. mga@mgackermanlaw.com Law Offices of Michael G. Ackerman 2391 The Alameda, Suite 100 Santa Clara, CA 95050 Telephone: 408-261-5800 Facsimile: 408-261-5900 Counsel for Plaintiff Philip Restivo 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 2 PROOF OF SERVICE