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request for permission to file a motion to vacate the order of
dismissal. The motion to vacate the order of dismissal was filed
and granted on May 16, 2006, and the designation of place of
trial and the amended petition were filed on that date. The
amended petition alleges, among other things, that respondent
improperly denied petitioner a valid section 6330 hearing.
On August 31, 2006, we issued petitioner a notice setting
his case for trial during the Court’s February 5, 2007, Los
Angeles, California, trial session. The notice warned petitioner
that “YOUR FAILURE TO APPEAR MAY RESULT IN DISMISSAL OF THE CASE
AND ENTRY OF DECISION AGAINST YOU.” Accompanying the notice was
the Court’s standing pretrial order, which directed the parties
to take specific action to prepare for trial. The standing
pretrial order also stated that “The Court may impose appropriate
sanctions, including dismissal, for any unexcused failure to
comply with this Order.”
Respondent asserts in his motion that on or about September
20, 2006, he contacted petitioner by telephone. During this
conversation, respondent explained to petitioner the Court’s
required stipulation process.3 Respondent also warned petitioner
that he should not raise any of the frivolous or groundless
arguments that he had previously advanced. Petitioner requested
3The standing pretrial order requires that “all facts shall
be stipulated to the maximum extent possible.”
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Last modified: March 27, 2008