NoticeCal. Super. - 6th Dist.March 20, 2019BURKE, WILLIAMS & SORENSEN, LLP ATTO RN EY S AT LA W MOU N TA I N V I EW NOTICE OF WITHDRAWAL OF PENDENCY OF ACTION (LIS PENDENS) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Douglas W. Dal Cielo (SBN 157109) E-mail: ddalcielo@bwslaw.com Brian M. Affrunti (SBN 227072) E-mail: baffrunti@bwslaw.com BURKE, WILLIAMS & SORENSEN, LLP 1503 Grant Road, Suite 200 Mountain View, CA 94040-3270 Tel: 650.327.2672 Fax: 650.688.8333 Attorneys for Plaintiffs ARVIND K. AGARWAL AND NEELO AGARWAL AS TRUSTEES OF THE AGARWAL FAMILY TRUST DATED AUGUST 2, 2001 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA ARVIND K. AGARWAL AND NEELO AGARWAL AS TRUSTEES OF THE AGARWAL FAMILY TRUST DATED AUGUST 2, 2001, Plaintiffs, v. DMJ HOME SOLUTIONS, LLC, A NEVADA LLC; DAVID HERRERA, APEX DEVELOPMENT GROUP, LLC, A NEVADA LLC, ERIC FOGELSONG, DAN NOBLE, MICHAELA ROUSSEAU and DOES 1 through 150, inclusive, Defendants. Case No. 19CV344918 NOTICE OF WITHDRAWAL OF PENDENCY OF ACTION (LIS PENDENS) Electronically Filed by Superior Court of CA, County of Santa Clara, on 5/22/2019 1:51 PM Reviewed By: L Del Mundo Case #19CV344918 Envelope: 2915629 24183367 RECORDED AT REQUEST OF gaengtianaCIEEacocrgfiggr-a-s Clerk-Recorder AND WHEN RECORDED 05/20/2019 o1 :58 5n RETURN TO‘ CONFORMED COPY - Copy of document recorded. _ ‘ Douglas W- Dal C1310, Esq. Has not been compared with omgmal. Burke, Williams & Sorensen, LLP 1503 Grant Road, Suite 200 Mountain View, California 94040 DOCUMENT TITLE(S) NOTICE OF WITHDRAWAL OF PENDENCY OF ACTION (Lis Pendens) ©00NO\ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BUSRé‘SgXXéLNEIQKS 8‘ ATTORNEYS AT LAw MOUNTAIN VIEW Douglas W. Dal Cielo (SBN 157109) E-mail: ddalcielo@bwslaw.com Brian M. Affrunti (SBN 227072) E-mail: baffrunti@bwslaw.com BURKE, WILLIAMS & SORENSEN, LLP 1503 Grant Road, Suite 200 Mountain View, CA 94040-3270 Tel: 650.327.2672 Fax: 650.688.8333 Attorneys for Plaintiffs ARVIND K. AGARWAL AND NEELO AGARWAL AS TRUSTEES OF THE AGARWAL FAMILY TRUST DATED AUGUST 2, 2001 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA ARVIND K. AGARWAL AND NEELO AGARWAL AS TRUSTEES OF THE AGARWAL FAMILY TRUST DATED AUGUST 2, 2001, Plaintiffs, V. DMJ HOME SOLUTIONS, LLC, A NEVADA LLC; DAVID HERRERA, APEX DEVELOPMENT GROUP, LLC, A NEVADA LLC, ERIC FOGELSONG, DAN NOBLE, MICHAELA ROUSSEAU and DOES 1 through 150, inclusive, Defendants. Case No. 19CV34491 8 NOTICE OF WITHDRAWAL OF PENDENCY OF ACTION (LIS PENDENS) NOTICE IS HEREBY GIVEN that Plaintiffs ARVIND K. AGARWAL AND NEELO AGARWAL AS TRUSTEES OF THE AGARWAL FAMILY TRUST DATED AUGUST 2, hereby withdraws the Notice 0f Pendency of Action recorded in this action on May 1, 2019, as document number 24168989 in the office of the recorder for the county 0f Santa Clara, State 0f California. MP #4825-6481-7557 V1 07693-0001 -1- NOTICE OF WITHDRAWAL OF PENDENCY OF ACTION (LIS PENDENS) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BURKE, WILLIAMS & SORENSEN, LLP ATTORNEYS AT LAW MOUNTAIN VIEW The Notice 0f Pendency 0f Action that is withdrawn concerned real property located in the City 0f Cupertino, County 0f Santa Clara, State of California, and is more particularly described as 10410 N. Stelling Road, Cupertino, CA 95014, Assessor’s Parcel Number 326-30- 094. Dated: May 20, 2019 By: BURKE, WILLIAMS & SORENSEN, LLP Dofigra's W. a1 ielo Brian M. Af unti Attorneys for Plaintiffs ARVIND K. AGARWAL AND NEELO AGARWAL AS TRUSTEES OF THE AGARWAL FAMILY TRUST DATED AUGUST 2, 2001 MP #4825-6481-7557v1 _ 2 _ 07693-0001 NOTICE OF WITHDRAWAL OF PENDENCY OF ACTION (LIS PENDENS) CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Countyof Sanxg CALVK } O" MW“ 2W“ befmema LuiJwVMwflra-P-A“ 9W personally appeared (%m" aux u A who proved to me on the basis of satisfactory evidence to be the person(s) whose name(sj isfafe subscribed to the within instrument and acknowledged to me that he/shE'fl-hey executed the same in his/hen‘flaeir authorized capacityéiesa, and that by his£he+=¢+heir signature(59 on the instrument the personés): 0r the entity upon behalf of which the person(89-acted, executed the instrument. l certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct LYNDON WRAY Commission No. 2193794 NOTARY PuauccmmRMA WITNESS my hand and OffiCial seal. ‘4 SANTACLARA COUNTY My Comm Expires APRIL 25 2021 Notary Publit: Signature a (Notary Public Seal) AAv V INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL lNFORMATION Thisform complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded, should be completed and attached to the document. Acknowledgments from other states may be completedfor documents being sent ta that state so long as the wording does not require the California notaiy to violate California notary law. (Title ordescription of attached document) o State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. o Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. o The notary public must print his or her name as it appears within his or her Number Of Pages Document Date commission followed by a comma and then your title (notary public). Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. , . he/she/t-heyv is /a{=e ) or circling the correct forms. Failure to correctly indicate thisD Ind'V'dual (S) information may lead to rejection of document recording. D Corporate OffiCel” The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. Signature of the notary public must match the signature on file with the office of Partner(s) the county clerk. Attorney-in-Fact 4v Additional information is not required but could help to ensure this Trustee(s) acknowledgment is not misused or attached to a different document. Other ‘t' Indicate title or type of attached document, number of pages and date. '2' Indicate the capacity Claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (Le. CEO, CFO, Secretary). (gm \V/Qrgggn ,(WM gxgmgggr-fc“333%.60m apvgJHQ Securely attach this document to the signed document with a staple. (Title or description of attached document continued) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BURKE, WILLIAMS 8: SORENSEN, LLP ATTORNEY-g AT LAW MUUNTAIN VIEW PROOF OF SERVICE BY MAIL I am a citizen of the United States and employed in Santa Clara County, California. I am over the age of eighteen years and not a party to the within-entitled action. My business address is 1503 Grant Road, Suite 200, Mountain View, California 94040-3270. I am readily familiar with this firm’s practice for collection and processing 0f correspondence for mailing with the United States Postal Service. On Max 20, 2019, I placed with this firm at the above address for deposit with the United States Postal Service a true and correct copy of the within document(s): NOTICE OF WITHDRAWAL 0F PENDENCY OF ACTION (LIS PENDENS) [10410 N. Stelling Road, Cupertino, CA 95014 Accessor’s Parcel Number 326-30-094] in a sealed envelope, postage fully paid, addressed as follows: DMJ HOME SOLUTIONS LLC 2059 Camden Ave Suite 154 San Jose, CA 95124 Following ordinary business practices, the envelope was sealed and placed for collection and mailing 0n this date, and would, in the ordinary course of business, be deposited With the United States Postal Service on this date. I declare under penalty of pelj ury under the laws 0f the State 0f California that the above is true and correct. Executed on May 20, 2019, at Mountain View, California. /W1 Helen Lee '\ MP #4841-5425-4487 v1 PROOF OF SERVICE BY MAIL