William J. Tully - Page 4




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          respondent's second motion for partial summary judgment on or               
          before September 10, 1999.  Petitioner failed to file a response.           
               All papers filed by respondent contained a certificate of              
          service indicating that petitioner was served by mail at the Yale           
          Street address.  All of the Court's orders were served upon                 
          petitioner at the Yale Street address and, except the order                 
          granting respondent's Rule 37(c) motion, were sent by certified             
          mail.  None of the Court's mail serving the orders on petitioner            
          at the Yale Street address was returned as undeliverable.                   
               On September 27, 1999, the instant case was called from the            
          Court's trial calendar at Los Angeles, California.  Petitioner              
          appeared and orally moved to vacate the deemed admissions on the            
          ground that he had not received any of the mailings because he              
          had moved from his Yale Street address.  Respondent objected.               
          Upon inquiry, respondent's counsel advised the Court that none of           
          the mailings to petitioner at the Yale Street address were                  
          returned to respondent as undeliverable.  The instant case was              
          continued for the purpose of conducting a hearing and resolving             
          petitioner's oral motion.                                                   
               On October 25, 1999, a hearing was held before Special Trial           
          Judge Nameroff, and the parties appeared and were heard on                  
          petitioner's oral motion and respondent's objection.  The Court             
          denied petitioner's oral motion to vacate the deemed admissions,            
          stating:                                                                    






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