- 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