<center><h3> Affidavit<BR> May 5, 1999</h3></center>

May 5, 1999

Brigitte Picart being duly sworn deposes and says:
  1. I am the respondent in this action and submit this affidavit in support of a motion to strike the action from the trial calendar, pursuant to Section 208.17 c) of the Uniform Rules of court.
  2. On November 27, 1998, I filed a motion by Order to Show Cause to vacate a default judgment and amend my answer, among other relief.
  3. In support of this motion I submitted a form-affidavit provided by the clerk's office, which I filled out, and an eight- page affidavit which supported my motion to amend my answer.
  4. On the affidavit provided by the clerk's office I mentioned twice "see attached affidavit".
  5. I served by mail the signed OSC and the clerk's office affidavit, and served the eight-page affidavit by hand.
  6. Petitioner has not contested service.
  7. I have argued all the different points of my motion by oral argument on December 16, 1998.
  8. To date, the court has ruled only on that part of the motion which was to vacate the default judgment.
  9. The court has also decided sua sponte to appoint me a guardian ad litem. However more than a month after making the order, dated March 23/99, no guardian has been appointed.
  10. Moreover the enforeability of this order is dubious, in that the order has not been entered.
  11. Uniform Rules of Court Section 208.22 requires that attorneys who are authorized to act for the parties be present.
  12. A pre-trial conference was held on April 13 a which I was unrepresented.
  13. The case will not be ready for trial until the court has ruled on my motion to amend my answer, and until the court has either vacated its own order appointing a guardian ad litem to me, or entered it and held a pre-trial conference with the guardian in attendance.

Respectfully submitted.

Sworn to before me May 3rd, 1999