- 7 -
their written response on respondent. The copy of the Court's
May 4, 1999, order, which the Court attempted to serve on
petitioners by Certified Mail, at the Rancho Cucamonga address,
was returned by the Postal Service stamped: "Return to Sender
Attempted - Not Known". On May 19, 1999, the Court re-served its
May 4, 1999, order on petitioners at the Apple Valley address.
The Court assumes that service of its order on petitioners was
completed because no return mail has been received. The Court
received no response from petitioners to respondent's motion for
summary judgment or the Court's May 4, 1999, order.
On June 7, 1999, when this case was called from the trial
calendar at the Court's San Diego, California, trial session,
petitioners did not appear. On June 14, 1999, when this case was
recalled from the Court's calendar, respondent filed a motion to
dismiss for lack of prosecution. Respondent's motion to dismiss
states, among other things, that, when respondent attempted to
serve petitioners with copies of respondent's motion for summary
judgment and supporting memorandum of law at the Rancho Cucamonga
address and the Apple Valley address, both envelopes were
returned "marked 'RETURN TO SENDER' and indicated petitioners
were no longer at the address." Respondent's motion also states
that directory assistance in Rancho Cucamonga has a listing for a
Kenneth Anderson, but that, by the subscriber's request, this
listing is unpublished.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011