RequestCal. Super. - 6th Dist.April 23, 2020X X /s/ Tunisia Turner 3/26/2021 2:44 PM 3/26/2021 2:44 PM 3/26/2021 2:44 PM Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/26/2021 2:44 PM Reviewed By: Tunisia Turner Case #20CV366206 Envelope: 6121611 CW-110 ATTORNEY 0R PARTY M'rHom ATTORNEY: STATE BAR NO: SBN 31 9561 mWW50N” NfiME: Geraldine Garcia, Esq. FIRM NAME: Law Offices of Stephenson. Acquisto & Colamn, Inc. STREET ADDRESS: 303 N Glenoaks Blvd" Suite 700 cm; Burbank STATE: CA 2F CODE: 91502 TELEPHONE N0.: (81 8} 559-4477 FAXNO.: (313) 559-5484 E-MNLADDRESS: ggarcia@sacfirm.com ATTORNEY FDR (Name): California Spine and Neurosurgery Institute SUPERIOR COURT OF CALIFORNIA, COUNTY 0F Santa Clara STREET ADDRESS: 191 N First Street MAILING ADDRESS: C'TY AND ZIP CODESan Jose. CA 9511 3-1 090 BRANCH mug: Downtown Superior Court plainfifigpetmoner; California Spine and Neurosurgery Institute DefendanURespondent: Apple Inc. and Welfare Benefits Plan CASE NUMBER: REQUEST FOR DISMISSAL gocvssezoe 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 actioh or of any party or cause of action ln a class action. (Cal. Rules of Court. rules 3.760 and 3.770.) 1. TO THE CLERK: Please dismiss ‘his acflon as follows: a. (1) With prejudice (2) [:3 Without prejudice b. (1} E Complaint [2) E] Petition (3} E Crossmmplaint filed by (name): on (dare): (4) m Crossrcomplaintflled by (name): on (date): {5) E Enfire action of all parties and all causes of action (6) E Other (specify):* 2. (Complete in ah‘ cases except family Jaw cases.) The courtD did E did not waive ooud fees and costs for a party in this case. (This infomafion may be obtained from the clerk. Ifcom! fees and costs were waived, the declaration on the back of this form myst be completed). Date: March 26, 2021 W 'Geratdine Garcia, Esq. (SBN 319551) } (TYPE 0R PRINT MAME 0F I X] AUORNEY | g PARTY WITHOUT ATIORNEY) (SIGNATURE) *If dismlssal requested I5 of specified parties oniy o‘f specified causes of action only, Nlornay Dr party wifl‘lout attorney for: or ofspecified crosscumpiainta only. so state and identify the parties, causes of E plaintifigpemioner D DefendanflRaspondem-' ,oror- "tuba.” ' 4._. E Cross Complainant 3. TO THE CLERK: Consent to the above dismissal is hereby given." Date: p (TYPE 0R PRINT NAME 0F a Arronrqev a PARTY wrrHDUT m-roRNEV) (SIGNATURE) " [fa omss-complaintw or Response (Family Law} seeking affirmative Attorney Dr party Wimout attorney for". relief-is on file. the attorney for thlnanureapondent) must sign D PIaintifi/Pe‘moner E Defendanflnespondem this consent if required by Coda of Civil Procedure section 581 (i) or u). E c Complainantr055 (To be compieted by clerk) 4. a Dismissal entered as requested on (date): 5 E Dismissal entered on (date): as to only (name): 6. E] Dismissal not entered as requested for the following reasons (specify): 7. a. E: Attorney or party without attorney notified on (date): b. E Attorney or party without attorney not notified. Filing party failed to provideE a copy to he conformed E means to return conformed copy Date: California Spine and Neurosurgery Ingmk. by , Deputy p39“ on F Ad adfa M nfiaro U Coda ofClullPrwedure, 581 et .:Gmr.Code. JL‘TdTincial §?de orf Caelforrflray 5e REQUEST FOR DlSMISSAL § 6853707): Cal. Ribs of Ciel}. rule 3.1390 CN-1 10 [Rem Jan. 1, 2013] www.aawfinagov CIV-1 1 0 pIainfiff/pefifioner; California Spine and Neurosurgery Institute CASE NUMBER: Defendant/Resmndent: Apple Inc. and Welfare Benefits Plan zocvaeezoe COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS If a party whose court fees and costs were initially waived has recovered 0f 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. D not recovering anything of value by this action. b. E recovering less than $10,000 in value by this action. c. E recovering $10,000 or more in value by this action. (If item 2c 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): Yes No I declare under penalty of perjury under the laws of the State of California that the information above is true and correct. Date: ’ (TYPE 0R PRINT NAME 0FE ArrORNEv E PARTY mums DECLARATION) (S'GNATURE) CW4 ‘0 IRW-Janm 1- 2°13] REQUEST FOR DISMISSAL ”'9' 3 °‘ 2 For your protectlon and privacy. please press the Clear Thls Form button after you have printed the form. Is=v_e_w.s.:.opn1 - KOOOQQLh-bUJNr-t NNNNNNNNNr-Ar-Ar-AHHHHHr-dr-d OOQQUl-hUJNF-‘OKOOOQONUI-bUJNHO PROOF OF SERVICE I am employed in the county 0f Los Angeles, State of California. I am over the age 0f 18 and not a party t0 the within action; my business address is 303 North Glenoaks Boulevard, Suite 700, Burbank, California 91502-3226. On 26 March 2021, I served the foregoing document(s) entitled: REQUEST FOR DISMISSAL by placing a true copy thereof enclosed in a sealed envelope addressed per the attached Service List. [] [] [] BY U.S. MAIL: I am "readily familiar" with the firm's practice 0f collection and processing correspondence for mailing. Under that practice it would be deposited With the United States Postal Service on that same day with postage thereon fully prepaid at Burbank, California in the ordinary course of business. I am aware that on motion 0f the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date 0f deposit for mailing in affidavit. [C.C.P. 1013a(3); F.R.C.P. 5(b)] BY FEDERAL EXPRESS: I caused such envelope(s), With overnight Federal Express Delivery Charges to be paid by this firm, to be deposited With the Federal Express Corporation at a regularly maintained facility 0n the aforementioned date. [C.C.P. 1013(0) 1013(d)] BY PERSONAL SERVICE: I caused the above-stated document(s) t0 be served by personally delivering a true copy thereof t0 the individuals identified above. [C.C.P. 101 1(a); F.R.C.P. 5(b)] BY EXPRESS MAIL: I caused such envelope(s), with postage thereon fully prepaid and addressed t0 the party(s) shown above, t0 be deposited in a facility operated by the U.S. Postal Service and regularly maintained for the receipt of Express Mail 0n the aforementioned date. [C.C.P. 1013(0)] BY TELECOPIER: Service was effected 0n all parties at approximately__ am/pm by transmitting said document(s) from this firm's facsimile machine (818/559-4477) t0 the facsimile machine number(s) shown above. Transmission t0 said numbers was successful as evidenced by a Transmission Report produced by the machine indicating the documents had been transmitted completely and Without error. C.R.C. 2008(6), Cal. CiV. Proc. Code § 1013(6). KOOOQONUI-PUJNr-t NNNNNNNNNr-Ar-AHHHHHHHH OONQUI-RUJNr-‘OKOOOQONUI-bWNV-‘O [X] BY ELECTRONIC SERVICE: By emailing true and correct copies to the persons at the electronic notification address(es) shown 0n the accompanying service list. The document(s) was/were served electronically and the transmission was reported as complete and without error. [ X ] State: I declare under penalty 0f perjury under the laws of the State 0f California that the above is true and correct. Executed 0n 26 March 2021 in Burbank, California. /S/Melissa Cruz MELISSA CRUZ mcruz@sacfirm.com SERVICE LIST Clarissa A. Kang, Esq. Brian D. Murray, Esq. TRUCKER HUSS, APC One Embarcadero Center, 12th Floor San Francisco, CA 941 11 ckang@truckerhuss.c0m bmurrav@truckerhuss.com