Request DismissalCal. Super. - 6th Dist.June 7, 20191 9CV349803 Santa Clara - Civil Clv_1 1o ATTORNEY OR PART WITHO T A'I'I'ORNEYlfNa e, State Barn mber, and address): Bruce w. Lor er SBN 074 19”3 ,- Mattflew H. Wemer (SBN 236394) ,- Tom FORCOURTUSEONLY R- Nguyen Kinan (SBN 332855) Lorber, Greenfield & Polito, LLP, 13985 Stowe Dr., Poway, CA 92064 _ _ Electronically FIled TELEPHONEN°-=(858) 513-1020 FAXNo.(0puonao: (858) 513-1002 bySuperiorCOWtofCA !E-MAIL ADDRESS (Optional)?b10rber®lorberlaw. com; mweiner®lorberlaw . com; tkinan®lorberlaw.com ATTORNEY FOR(Name):MTM Building Group, Inc . county Of santa Clara, SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA on 5/14/2021 12:03 PM STREETADDREss: l9]. N. First Street ReVIewed By: R. Nguyen MAILING ADDRESS: 191 N . First Street case #1 9CV349803 CITYANDZIPCODE:San Jose, CA 95113 Envelope: 6447666 BRANCHNAME:DOWNTOWN SUPERIOR COURT PLAINTIFF/PETITIONER:KEVIN JONES AND NAO JONES DEFENDANT/RESPONDENT:MTM BUILDING GROUP, et a1. REQUEST FOR DISMISSAL CASE NUMBER: l 9cv3 4 9 8 0 3 A conformed copy will not be returned by the clerk unless a method of return is provided with the document. This form may not be used for dismissal of a derivative action or a class action or of any party or cause of action in a class action. (Cal. Rules of Court, rules 3.760 and 3.770.) 1. TO THE CLERK: Please dismiss this action as follows: a. (1)E With prejudice (2) Withoutprejudice b. (1)E Complaint (2)E Petition (3) Cross-complaint filed by (name): MTM Building Group, Inc _ on (date): 9/6/2019 (4)E Cross-complaintfiled by (name): on (date): (5) |:| Entire action of all parties and all causes of action (6) Other (specify):* As to Juan Carlos Lopez only . Each party to bear its own costs of suit. 2. (Complete in all cases except family law cases.) The court E did did not waive court fees and costs for a party in this case. (This information may be obtained from the clerk. If court fees and costs were waived, the declaration on the bac form must be completed). Date: May 14, 2021 / ,.......... Matthew..H..Weiner............ A4- (SIGNATURE)(TYPE 0R PRINT NAME 0F ATTORNEY E PARTY WITHOUT ATTORNEY) Attorney or party without attorney for:*If dismissal requested is of specified parties only of specified causes of action only, or of spemfied cross-com Iaints only, so state and identify the parties, E Plaintifi/Petitioner Defendant/Respondentcauses of action, or cross-comp aints to be dismissed. Cross-Complainant 3. TO THE CLERK: Consent to the above dismissal is hereby given.“ Date: ’ (TYPE 0R PRINT NAME 0F E ATTORNEYE PARTY WITHOUT ATTORNEY) (SIGNATURE) ** If a cross-complaint - or Response (Family Law) seeking affirmative Attorney 0r party Without attorney for: relief - is on file, the attorney for cross-complainant (respondent) must . , . , sigr] this consent if required by Code of Civil Procedure section 581 (i) E Plalntlfi/Petltloner E Dafendant/Respondent °r (D' E Cross-Complainant (To be completed by clerk) 4. E Dismissal entered as requested on (date): 5’14/2021 12303 PM 5 E Dismissal entered on (date): as to only (name): 6. E Dismissal not entered as requested for the following reasons (specify): . . . 5/14/2021 12:03 PM 7. a. Attorney or party Without attorney notIerd on (date): b. E Attorney or party without attorney not notified. Filing party failed to provideE a copy to be conformed E means to return conformed copy R. N u en Date: 5/14/2021 12:03 PM Clerk. by g y ,Deputy Page 1 of2 F Ad tdfMdt U Cd fC"lP d ,581t .; °STdici§pciunifil oi'éjwifiia” REQUEST FOR DISMISSAL CEB Gm Code, §Gassggfcgmugggf“c113 rmegjggowww.couns.ca.govClV-110 [Rev. Jan. 1, 2013] www ceb com CIV-110 PLAINTIFF/PETITIONER: KEVIN JONES AND NAo JONES CASE NUMBER; DEFENDANT/RESPONDENT; MTM BUILDING GROUP, et a1. 19CV349803 COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS If a party whose court fees and costs were initially waived has recovered or will recover $10,000 or more in value by way of settlement, compromise, arbitration award, mediation settlement, or other means, the court has a statutory lien on that recovery. The court may refuse to dismiss the case until the lien is satisfied. (Gov. Code, § 68637.) Declaration Concerning Waived Court Fees 1. The court waived court fees and costs in this action for (name): 2. The person named in item 1 is (check one below): a. E not recovering anything of value by this action. b. :I recovering less than $10,000 in value by this action. c. D recovering $10,000 or more in value by this action. (lfitem 20 is checked, item 3 must be completed.) 3.E All court fees and court costs that were waived in this action have been paid to the court (check one): E Yes E N0 | declare under penalty of perjury under the laws of the State of California that the information above is true and correct. Date: b (TYPE 0R PRINT NAME 0FE ATrORNEYE PARTY MAKING DECLARATION) (S'GNATURE) CIV-1 10 [Rev. January 1, 2013] REQUEST FOR DISMISSAL CEB Page 2 of 2 www.ceb.com 13985 Stowe Drive, Poway, California 92064 Telephone (8583 513-1020 / Facsimile (8583 513-1002 LORBER, GREENFIELD & POLITO, LLP 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Re: Jones V. MTM Building Group, et a1. Court: SANTA CLARA SUPERIOR Case No: 19CV349803 PROOF OF SERVICE (Code CiV. Proc., §§ 1012, 1013a, 2015.5; Fed. Rules CiV. Proc., rule 5(b).) I am employed in the County of San Francisco, State 0f California. I am over the age of 18 and not a party t0 the within action. My business address is 142 Sansome Street, Third Floor, San Francisco, CA 94104. On May 14, 2021, I served the foregoing document described as: REQUEST FOR DISMISSAL - JUAN CARLOS LOPEZ 0n the interested parties in this action, addressed as follows: gmeisenhelder@berding-weil.com; tnocco@berdingweil.com; macree@stonelawoffice.com; stephen.welch@lewisbrisbois.com; mever®bremerwhvte.com; ierrv@iwdesigngr0up.net V (BY ELECTRONIC-MAIL) by attaching a copy 0f the document(s) in PDF format t0 the email addresses confirmed by the parties listed below, pursuant to California Code of Civil Procedure section 1010.6, subdivision (c)(l), allowing for electronic service of a notice or document that may be served by File & ServeXpress, mail, express mail, overnight delivery, or facsimile transmission. I declare under penalty of perjury under the laws 0f the State 0f California that the above is true and correct. Executed on May 14, 2020, in Vallejo, California. 1 PROOF OF SERVICE