Request Dismissal

Cal. Super. - 6th Dist.August 8, 2019

CIV-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): LAW OFFICES OF PATENAUDE & FELIX, A.P.C. Raymond A. Patenaude (#128855) / Michael D. Kahn (#236898)/ Stephanie J. Boone (#160182) Todd C. Simonson (#224346) / Adam Michael Rivera (#321236) / Angie Hong Hoar (#212152) 4545 Murphy Canyon Road, 3rd Floor, San Diego, CA 92123 TELEPHONE NO.: (858) 244-7600 FAX NO. (Optional): (858) 836-0318 E-MAIL ADDRESS (Optional): Michael.Kahn@pafldf.us ATTORNEY FOR (Name): PLAINTIFF FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 NO. FIRST STREET MAILING ADDRESS: 191 NO. FIRST STREET CITY AND ZIP CODE: SAN JOSE CA 95113 BRANCH NAME: SANTA CLARA CIVIL DIVISION PLAINTIFF/PETITIONER: SYNCHRONY BANK DEFENDANT/RESPONDENT: MARLENE OSUNA A/K/A MARLENE M OSUNA, REQUEST FOR DISMISSAL CASE NUMBER: 19CV353006 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) Z With prejudice (2) Without prejudice b. (1) 0 Complaint (2) 111 Petition (3) E] Cross-complaint filed by (name): (4)0 Cross-complaint filed by (name): (5) Entire action of all parties and all causes of action (6) Other (specify):* 2. (Complete in all cases except family law cases.) The court 0 did Z did not waive court fees and cost for a party in this case. the clerk. If court fees and cost were waived, the declaration on the back of t on (date): on (date): is information may be obtained from must be completed). Date: January 10, 2020 40,11CHAEL D. KAHN [ STEPHANIE J. BOONE [ ] T DD C. SIMONSON [ ] ANGIE HONG HOAR [.1 ADAM MICHAEL RIVERA (TYPE OR PRINT NAME OF Z ATTORNEY 0 PARTYWITHOUT ATTORNEY) *If dismissal requested is of specified parties only, of specified causes of action only, or of specified cross-complaints only, so state and identify the parties, causes of action, or cross-complaints to be dismissed. (SIGNATURE) Attorney or party without attorney for: PLAINTIFF Z Plaintiff/Petitioner 111 Defendant/Respondent 0 Cross-complainant 3. TO THE CLERK: Consent to the above dismissal is hereby given.** Date: (TYPE OR PRINT NAME OF ATTORNEY El PARTYWTHOUT ATTORNEY) ** If a cross-complaint-or Response (Family Law) seeking affirmative relief-is on file, the attorney for cross-complainant (respondent) must sign this consent if required by Code of Civil Procedure section 581(i) or (j). (SIGNATURE) Attorney or party without attorney for: 111 Plaintiff/Petitioner 111 Defendant/Respondent • Cross-com lainant (To be completed by clerk) 4.0 Dismissal entered as requested on (date): 5.0 Dismissal entered on (date): as to only (name): 6. 111 Dismissal not entered as requested for the following reasons (specify): 7. a. Attorney or party without attorney notified on (date): b. Attorney or party without attorney not notified. Filing party failed to provide 0 a copy to conform El means to return conformed copy Date: Clerk, by , Deputy Page 1 of 2 Form Adopted for Mandatory Use Judicial Council of California CIV-110 [Rev. Jan. 1, 2013] CA-43 Dismissal REQUEST FOR DISMISSAL Code of Civil Procedure, § 581 et seq.; Gov. Code, § 68637(c);Cal. Rules of Court, rule 3.1390 www.courts.ca.gov P&F File No. 19-23595 X X /s/ A. Floresca /s/ A. Floresca Clerk of Court 1/16/2020 1:40 PM 1/16/2020 1:40 PM 1/16/2020 1:40 PM Electronically Filed by Superior Court of CA, County of Santa Clara, on 1/16/2020 1:40 PM Reviewed By: A. Floresca Case #19CV353006 Envelope: 3899988 19CV353006 Santa Clara - Civil A. Floresca CIV-110 PLAINTIFF/PETITIONER: SYNCHRONY BANK DEFENDANT/RESPONDENT: MARLENE OSUNA A/K/A MARLENE M OSUNA, CASE NUMBER: 19CV353006 couRrs 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's 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 fees and cost in this action for (name): 2. The person in item 1 (check one below): a. 0 not recovering anything of value by this action. b. 0 recovering less than $10,000 in value by this action. c. I=1 recovering $10,000 or more in value by this action. (if item 2c is checked, item 3 must be completed.) 3. 0 All court fees and costs that were waived in this action have been paid to the court (check one): 0 Yes 0 No I declare under penalty of perjury under the laws of the State of California that the information above is true and correct. Date: January 10, 2020 [ ] MICHAEL D. KAHN [ ] STEPHANIE J. BOONE [I ADAM MICHAEL RIVERA [ ] TODD C. SIMONSON [ ] ANGIE HONG HOAR 01" (TYPE OR PRINT NAME OF Z ATIORNEY 0 PARTY MAKING DECLARATION) (SIGNATURE ) Page 2 of 2 Form Adopted for Mandatory Use Judicial Council of California CIV-110 [Rev. Jan. 1, 2013] REQUEST FOR DISMISSAL Code of Civil Procedure, § 581 et seq.; Gov. Code, § 68637(c);Cal. Rules of Court, rule 3.1390 www.couds.ca.gov CA-43 Dismissal P&F File No. 19-23595