Again, I want to be very accurate, Mr. Zarian was served on November 20th at 9:45am at his office in Irvine. As you are aware, posting #360 and #365 state when Mr. Zarian was served. We have proof of service. Enclosed is the letter my attorney sent to Mr. Zarian,
Dear John,
Thank you for your recent fax letter, received moments ago while I was finishing this one.
As discussed in our telephone conversation earlier today, the proof of service of the Cross-Complaint in the above-referenced action shows that your office was personally served with said Cross-Complaint and the Summons thereon at 9:45 a.m., on November 20, 1998.
Accordingly, the response of your clients, Plaintiffs and Cross-Defendants, RICHARD F. PULCRANO and NORMA JEAN BOYER, was due yesterday, December 21, 1998. Your clients are thus in default as to said Cross-Complaint.
I have discussed the matter with my client, Cross-Complainant Peter Michaels, and he has authorized me to grant your clients an extension to file an ANSWER only to and through tomorrow, December 23, 1998.
If said ANSWER is not on file by the end of the day tomorrow, I shall be constrained to proceed with their default.
Thank you for your continued cooperation and courtesy in this matter.
HAPPY HOLIDAYS!
Marcello M. Di Mauro 233:C:PeterLet97
PS-This letter is written without waiver of any of my clients' claims, rights and remedies, all of which are expressly preserved. |
