TORRANCE, CALIFORNIA; FRIDAY, JANUARY 14, 2005;

9:00 A.M.

DEPARTMENT SW "B" HON. JEAN E. MATUSINKA, JUDGE

(APPEARANCES AS NOTED ON TITLE PAGE.)

(LISA GUERRERO, OFFICIAL REPORTER.)

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The court: no. 4, Robinson versus SkyCar.

Mr. Robinson: Gary Robinson, the plaintiff.

The court: okay. In reviewing this file, i see some problems. One, a Laura nelson, doing business as metro was served and answered September 16th, '04. There is no proof of service with regard to SkyCar, and, therefore, it's defective, as far as we're concerned. You entered a default which had not ever been entered, period, because service was not effectuated on SkyCar.

mr. Robinson: the box for Laura nelson is the operating manager for SkyCar. The box for corporation was exed next to her name by the sheriff when he served the subpoena.

The court: it's not appropriate. I'm going to set aside the default, and you are to properly serve them. Okay.

and this motion is for an order establishing admissions, but the notice -- as a matter of fact, the notice of this motion is deficient as well. It's -- there is no proper proof of service with regard to this motion.

So everything is going off calendar. We're gonna put the matter over so you can properly serve SkyCar. Properly serve the other defendant, Laura nelson. Put the matter over to --

Mr. Robinson: is Laura -- pardon me -- is Laura nelson not properly served?

The court: she was not served properly for this motion today. We're gonna put this over until february 18th at 8:30. Properly serve SkyCar and then properly serve Laura nelson with regard to these motions. As well, setting aside the default that was entered in this matter.

Cmc is continued.

The defendants are not here. You're gonna have to give notice. Every time you appear in court, you have to give notice to all the other parties. They have to be notified. We don't do that. This is your responsibility.

Mr. Robinson: i realize that. Notices were sent to the defendant. They were all returned claiming that the business no longer exists.

The court: that's not appropriate.