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Wednesday, August 29 th , 2012 James Alan Bush 652 Laurie Avenue San Jose, California 95054 Superior Court of California ATTN: Judge Mark Pierce, Department 9 191 North First Street San Jose, California 95113 In re Bush v. Santa Clara Valley Medical Center, et al. [Case No. 1-07-CV-088071] To the Honorable Mark Pierce, Judge of the Superior Court: Please be advised that I have not received any notice of hearing from Defendant, City of Campbell Police Department, as claimed in its Notice to Non-Opposition to Motion to Dismiss Action received two days ago, and which claims to have notified me of an upcoming hearing on Wednesday, August 30 th , 2012, at 9 a.m. in Department 9, on a Motion to Dismiss Action. The mailing address on file is current; and, it is the same address at which the Notice to Non- Opposition was received. Whatever difficulties counsel for the defendant allegedly encountered when mailing the Notice of Hearing obviously were not encountered when mailing the Notice of Non- Opposition. Therefore, I request that the court set a new hearing date to at least 30 days from the date of this letter, or, in the alternative, that the court grant sua sponte a motion to stay this case pending the outcome of a case management conference in a joinder of the claims now being brought in the United States District Court for the Northern District of California, San Jose Division, under docket number C 08-01354 (LHK). Therefore, a dismissal of this case would be improper in lieu of a voluntary motion to dismiss by the plaintiff, which was filed with the clerk today. Respectfully yours, James Alan Bush Plaintiff in pro per c: Timothy C. Schmal, Esq. #104874 (Burton, Schmal & DiBenedetto LLP) Page 1 of 1

Letter to Judge Mark Pierce in re Bush v. Valley Medical [1-07-CV-088071]

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This letter informs the judge that no notice of an upcoming hearing was received by Defendant, Campbell Police Department, and, accordingly, a new hearing date should be set, or the case should be stayed until after a case management conference in another case in which the defendants are also a party.

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Page 1: Letter to Judge Mark Pierce in re Bush v. Valley Medical [1-07-CV-088071]

Wednesday, August 29th, 2012

James Alan Bush652 Laurie AvenueSan Jose, California 95054

Superior Court of CaliforniaATTN: Judge Mark Pierce, Department 9191 North First StreetSan Jose, California 95113

In re Bush v. Santa Clara Valley Medical Center, et al. [Case No. 1-07-CV-088071]

To the Honorable Mark Pierce, Judge of the Superior Court:

Please be advised that I have not received any notice of hearing from Defendant, City of Campbell Police Department, as claimed in its Notice to Non-Opposition to Motion to Dismiss Action received two days ago, and which claims to have notified me of an upcoming hearing on Wednesday, August 30th, 2012, at 9 a.m. in Department 9, on a Motion to Dismiss Action.

The mailing address on file is current; and, it is the same address at which the Notice to Non-Opposition was received. Whatever difficulties counsel for the defendant allegedly encountered when mailing the Notice of Hearing obviously were not encountered when mailing the Notice of Non-Opposition.

Therefore, I request that the court set a new hearing date to at least 30 days from the date of this letter, or, in the alternative, that the court grant sua sponte a motion to stay this case pending the outcome of a case management conference in a joinder of the claims now being brought in the United States District Court for the Northern District of California, San Jose Division, under docket number C 08-01354 (LHK).

Therefore, a dismissal of this case would be improper in lieu of a voluntary motion to dismiss by the plaintiff, which was filed with the clerk today.

Respectfully yours,

James Alan BushPlaintiff in pro per

c: Timothy C. Schmal, Esq. #104874 (Burton, Schmal & DiBenedetto LLP)

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