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Irving v Nunez San Mateo County Superior Court Case Number 18-CIV-05988.
From the San Mateo court records it is Lawzilla's understanding the following occurred:
Attorney Whitney Ackerman of the Nadrich and Cohen law firm represented the plaintiff in a motor vehicle accident lawsuit.
During the case he filed a motion to withdraw as counsel.
The judge denied the motion.
First, the judge ruled Ackerman had filed two different documents called proof of service of the motion on his client.
One document was just a photocopied copy of a certified mail receipt - not even signed by Ackerman's client.
The other document claimed service was made upon the person in charge of an office at 8:39 pm.
However, that contradicted a declaration saying service was between 8 am and 6 pm.
The time of the service after 8 pm was also not allowed by code.
The judge concluded attorney Whitney Ackerman's motion was denied for failing to provide proof his client had been served with the motion as required by law.
What the heck?
In our opinion this looks like incredibly incompetent lawyering.
If an attorney cannot even submit proper evidence to win their own (unopposed) motion to withdraw from a case, how do you think they would do in your case going against another attorney?
Here is the first so-called proof of service Whitney Ackerman filed with the claiming service on his client Michael Irving:
Sure looks like it was signed by someone else. Thomas is not Michael.
Here is the second proof of service at 8:39 pm which is contradicted later on saying service was before 6 pm, and the law requiring service before 8 pm.
Code of Civil Procedure section 1011(b)(1) requires service before 8 pm:
"Any attempt of service upon a party at the party’s residence shall be made between the hours of 8 a.m. and 8 p.m."
After reading this court order and seeing the documents, would you hire bumbling attorney Whitney Ackerman as your counsel?
Whitney Ackerman was admitted to the California Bar in 2012. Bar Number 284340.
Nadrich and Cohen LLP
12100 Wilshire Boulevard, Suite 1250
Los Angeles, California 90025
Law School: University of LaVerne
