- 10 - wife, who is not an attorney or a party to this case, “appeared” with a “special power of attorney”. Petitioner’s wife stated that petitioner was out on his boat fishing because it was fishing season. After admonishing petitioner’s wife regarding petitioner’s failure to appear, the Court asked respondent’s counsel if he was prepared to file a written motion to dismiss for lack of prosecution. Respondent’s counsel answered that he was not. The Court rescheduled petitioner’s case for the next day, June 27, 2003, at 10 a.m. Respondent’s counsel advised the Court that he would file a motion to dismiss for lack of prosecution if petitioner did not appear at that time, and the Court stated that the motion would be granted if petitioner did not appear. The Court further stated that we would hear argument on respondent’s request to impose sanctions on June 27, 2003. That same day, respondent filed a supplemental declaration, with attached exhibits, in support of his motion for summary judgment. On June 27, 2003, at 10:55 a.m., petitioner appeared. At this hearing, petitioner made frivolous and groundless arguments. That same day, petitioner filed a response to respondent’s motion for summary judgment and imposition of a penalty that contained frivolous and groundless arguments. Petitioner also filed the motion to strike.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011