- 4 -
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:
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011