Request Dismissal

Cal. Super. - 6th Dist.June 1, 2020

20CV366897 Santa Clara - Civil Clv_1 1o ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address}: M Sorum Bradley D. Doucette, Esq. (State Bar No. 32261 1) FOR COURT USE ONLY ' COLLINS COLLINS MUIR & STEWART LLP 1999 Harrison Street Suite 1700 Oakland CA 94612 El - - ’ ’ ’ ectronlcall FlledTELEPHONE ”0-: (626) 243-1 100 FAX No. (Optional).- (626) 243-1 1 11 . y E-MAILADDRESS (Optional): by superlor court 0f CA, AWORNEY FOR (Name)rWENDT INDUSTRIES, INC. dba CLUB RESOURCE GROUP COUMY 0f Santa Clara. SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA 0n 4/8/2021 9:07 AM STREEr ADDRESS:191 North First Street Rev'ewed By: M- scrum MAILING ADDRESS: case #20CV366897 CITY AND ZIP CODEzsan Jose 951 13 Envelope: 6199054 BRANCH NAME: PLAINTIFF/PETITIONER: WENDT INDUSTRIES, INC. DEFENDANT/RESPONDENT: 24 HOUR FITNESS USA, INC., et a1. REQUEST FOR DISMISSAL CASE NUMBER:20CV366897 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) VWh prejudice (2) E V\fithout prejudice b. (1)E Complaint (2)E Petition (3)E Cross-complaint filed by (name): on (date): (4)E Cross-complaint filed by (name): on (date): (5) Entire action of all parties and all causes of action (6)E Other (specimfi Each party to bear their own fees and costs. 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 coun fees and costs were waived, the declaration on the back of this form must be completed). Date: April 7, 2021 IBradlcy D.- .D.0.LI.C.et.t.e,. Esq- ....................... - (TYPE OR PRINT NAME OF ATTORNEY E PARTY WITHOUT ATTORNEY) *If dismissal requested is of specified patties only of specifiefl cayses of action Attorney or party WithOUt attorney for: zgwgez'ozfsgafifii‘:csgzzim’a'figfio‘L'EYaismssgz‘é 3"“ “e""fy ‘he Pam“ PIaintifi/Petitioner E Defendant/RespondentE Cross-Complainant 3. T0 THE CLERK: Consent to the above dismissal is hereby given.” Date: } (rYPE 0R PRINT NAME 0F E ATTORNEYE PARTY WITHOUT ATTORNEY) (SIGNATURE) ‘* If g crqss-complaint- or Response (Family Law) seeking affirmative Attorney 0r party Without attorney for: gggftfiifcmgleefittitf‘ereaqf33rrgfiayéggoesifcoWEE;ereesggggjgggug)‘ E PIaintiff/Petitioner E Defendant/Respondent °' (9' E Cross-Complainant (To be completed by clerk) _ 4. m Dismissal entered as requested on (date): 4/8/2021 9'07 AM 5 E Dismissal entered on (date): as to only (name): 6. E Dismissal not entered as requested for the following reasons (specify): 4/8/2021 9:07 AM 7. a. 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 be conformed E means to return conformed copy M. Sorum Datej4/8/2021 9:07 AM Clerk, by , Deputy Page 1 of 2 F°3Tdét?;“éi‘i.§gl“£?“c‘;?§;%i3“ REQUEST FOR DISMISSAL Gov. Code, § 686%??S?E§|'YEZ§:Z?3§¢§,?Efleeiffiga WestlawDoc&FoImBuilden WWWWWS'ca'QWCIV-110 [ReV. Jan. 1. 2013] CIV-1 10 PLAINTIFF/PETITIONER: WENDT INDUSTRIES, INC. CASE NUMBER: DEFENDANT/RESPONDENTi 24 HOUR FITNESS USA, INC., et a1. 37-2020-00017890-CU-BC-CTL COURT'S RECOVERY 0F 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. E recovering less than $10,000 in value by this action. c. E 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: > (TYPE 0R PRINT NAME 0FE ATTORNEYE PARTY MAKING DECLARATION) (S'GNATURE) CIV-‘l 10 [Rev. January 1. 2013] REQUEST FOR DISMISSAL Page 2 0f2 PROOF 0F SERVICE (CCP §§ 1013(a) and 2015.5; FRCP 5) State 0f California, ) SS. County ofAlameda. ) I am employed in the County ofAlameda, State of California. I am over the age 0f 18 and not a paIty t0 the within action; my business address is 1999 Harrison St, Suite 1700, Oakland, Califomia 94612. On this date, I served the foregoing document described as REQUEST FOR DISMISSAL on the interested parties in this action by placing same in a sealed envelope, addressed as follows: D ED g D Carl D. Ciochon Richard M. Watts, Jr., Esq. WENDEL ROSEN PETERSON WATTS LAW GROUP LLP 1111 Broadway, 24th Floor 2267 Lava Ridge Court, Suite 210 Oakland, CA 94607 Roseville, CA 95661 cciochon@wendel.c0m (916) 780-8222 - Fax: (916) 780-8775 ATTORNEYS FOR DEFENDANT 24 HOUR FITNESS rwatts@petersonwatts30m USA, INC. ATTORNEYS FOR Defendant CRANE COURT, LLC QEY MAIL! - I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail in Oakland, California t0 be served on the parties as indicated on the attached service list. I am “readily familiar” with the film’s practice of collection and processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Oakland, California in the ordinary course of business. I am aware that on motion of the palty served, service is presumed invalid if postal cancellation date 0r postage meter date is more than one day afier date of deposit for mailing in affidavit. §§Y CERTIFIED MAIL! -I caused such envelope(s) with postage thereon fully prepaid Via Certified Mail Return Receipt Requested to be placed in the United States Mail in Oakland, California. BY EXPRESS MAIL 0R ANOTHER METHOD OF DELIVERY PROVIDING FOR OVERNIGHT DELIVERY (BY ELECTRONIC FILING AND/OR SERVICE) i Only by emailing the document(s) listed above to the parties in this action using the email addresses identified on the attached Service List. During the period ofEmergency Rule #12 declared pursuant to the COVID-19 Pandemic, as well as the Orders ofthe Governor of Califomja and Mayor 0fLos Angeles, this office is working remotely, not readily able to send physical mail as usual, and is therefore using only electronic mail as the prefelred method 0f communication. No electronic message or other indication that the transmission was unsuccessful was received within a reasonable time after the transmission FEDERAL EXPRESS - I caused the envelope to be delivered t0 an authorized courier or driver authorized t0 receive documents With delivery fees provided for. gfiY FACSIMILE! - I caused the above-described document(s) t0 be transmitted t0 the offices of the interested patties at the facsimile number(s) indicated on the attached Service List and the activity report(s) generated by facsimile number (626) 243-1 1 11 indicated all pages were transmitted. {EY PERSONAL SERVICE) - I caused such envelope(s) t0 be delivered by hand to the 0ffice(s) of the addressee(s). Executed 0n April 8, 2021 at Oakland, California. {STATE} - I declare under penalty ofperjury under the laws of the State of California that the above is true and correct. 1E EDERALI - I declare that I am employed in the office of a member 0fthe bar of this court at whose direction the service was made. WW. 4WW K lly Forth \ ‘ k orst@ccm$1aw.com