Request Dismissal

Cal. Super. - 6th Dist.July 13, 2020

200V368237 Santa Clara - Civil CIV-1 DO-Iarris ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR No; 153350 FOR COURT USE ONLY NAME: LAWRENCE D. HARRIS . . FIRM NAME: BARRETT DAFFIN FRAPPIER TREDER & WEISS, LLP EIGCtronIFally Flled STREET ADDRESS: 3990 Concours Street, Suite 350 by superlor court Of CA, CITY: Ontario STATE: CA ZIP CODE: 91764 County of Santa Clara, TELEPHONE No.: (626) 371-7000 FAX N0.: (972) 661-7709 on 3/1 6/2021 8'58 AM E'MA'LADDRESSZ 'arryh@bdf9r°”p-C°m Reviewed By: D Harris ATTORNEYFORmame): WELLS FARGO BANK, N. A. Case #Zocv368237 SUPERIOR COURT 0F CALIFORNIA couuTY 0F SANTA CLARA’ Envelope: 6040140STREET ADDRESS:1 91 N. 1st Street MAILING ADDRESS: same CITY AND ZIP CODE:San Jose, CA 951 13-1 090 BRANCH NAMEDowntown Superior Court Plaintiff/Petitioner:WELLS FARGO BANK, N. A. Defendant/RespondentzJOHNATHAN COVEY, et al. CASE NUMBER: REQUEST FOR DISMISSAL 200v368237 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) E Without prejudice b. (1) E Complaint (2) E Petition (3) E Cross-complaintfiled by (name): on (date): (4) E Cross-complaint filed by (name): on (date): (5) E Entire action of all parties and all causes of action (6) E Other (specify):* See additional Dace. 2. (Complete in all cases except family law cases.) The courtE did E 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 back of this form must be completed). Date: March 12. 2021 LAWRENCE D. HARRIS. ESQ. ’ Iv ‘ w \(TYPE 0R PRINT NAME 0F E ATTORNEY E PARTY WITHOUT ATTORNEY) (SIGNATURE) *If dismissal requested is of specified parties only of specified causes of action only, Attorney 0r party Without attorney for: or of specified cross-complaints only, so state and identify the parties, causes of E plaintiff/petitioner E Defendant/Respondent action, or cross-complaints to be dismissed. E Cross Complainant 3. TO THE CLERK: Consent to the above dismissal is hereby given.** Date: ’ (TYPE 0R PRINT NAME 0F E ATTORNEY E 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 sign E PIaintiff/Petitioner E Defendant/Respondentthis consent if required by Code of Civil Procedure section 581 (i) or (j). E Cross Complainant (To be completed by clerk) 4. Dismissal entered as requested on (date):3/15/2021 8158 AM 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).3/16/2021 8558 AM b. E Attorney or party without attorney not notified. Filing party failed to provideE a copy to be conformed E means to re[)tl|J_lr2rrc_:gnformed copy l Date: 3/16/2021 8:58 AM Clerk, by , Deputy pagan” F Ad tdf M dt U Cd fC"|P d ,581t .;G .Cd, JSQTc‘iaI Sfiuiciféfci'fiffrfii? 3e REQUEST FOR DISMISSAL ° e °§ e'svésy'é‘fciiflibsc?cieuqn, rui’e“ 31°39?) ClV-1 10 [Rev. Jan. 1, 2013] www.coun‘s.ca.gov CIV-110 Plaintiff/Petitioner:WELLS FARGO BANK, N. A. CASE NUMBER= Defendant/Respondent:JOHNATHAN COVEY, et al. ZOCV368237 COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS If a party whose court fees and costs were initially waived has recovered or wi|| 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. (If item 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): Yes No | declare under penalty of perjury under the laws of the State of California that the information above is true and correct. b Date: (TYPE 0R PRINT NAME 0F E ATTORNEY E PARTY MAKING DECLARATION) (S'GNATURE) Clv-1 1o [Rev. Januaw 1, 2013] REQUEST FOR DISMISSAL Page 2 of 2 SHORT TITLE: WELLS FARGO BANK, N. A. v. CASE NUMBER= - JOHNATHAN COVEY, et a1. 20CV368237 1 1. ALL PERSONS KNOWN OR UNKNOWN WHO CLAIM SOME RIGHT, TITLE, ESTATE, LIEN 2 OR OTHER INTEREST IN THE SUBJECT PROPERTY 4 2. DOES 1 t0 10 6 3. Fourth Cause 0f Action - Quiet Title 1o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (Required for verified pleading) The items on this page stated on information and belief are (specifyitem numbers, not line numbers): 27 This page may be used with any Judicial Council form or any other paper filed with the court. Page 3 Form Approved by the ADDITIONAL PAGE Judicial Council (“California Attach to Judicial Council Form or Other Court Paper MC-020 [New January 1. 1987] CRC 201, 501 M&MN \OOOQON 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE BY U.S. MAIL (C.C.P. 1013a, 2015.5, FRCP 5(d)) I, Anthony Jordan, declare as follows: I am employed in San Bernardino County at 3990 E. Concours Street, Suite 350, Ontario, California 91765. I am over the age of eighteen years and am not a party to this action. On March 16, 2021, I served the attached document on the interested parties in this action, addressed as shown on the ATTACHED SERVICE LIST. D BY MESSENGER, SAME DAY DELIVERY - By placing the document into an envelope addressed to each person shown on the service list and delivering the sealed envelope t0 a professional messenger service for personal, same day delivery. BY MAIL - By placing the document into an envelope and depositing the sealed envelope, with osta e thereon fully repaid, addressed to each person shown 0n the service list, or co lection and mai ing following ordinary business practices. I am readily familiar with the firm’s practice of collection and processin 0f corres ondence for mailing. Under that practice, it would be deposite with the Unite States Postal Service 0n that same day in the ordinary course of business. BY FEDERAL EXPRESS - By placing the document into an envelope and depositing the sealed envelope, with overnight delivery fees paid, addressed to each person shown on the service list, in a facility regularly maintained by Federal Ex ress 0r delivering the same to a driver authorized by Federal Express to receive ocuments. BY FACSIMILE - By sending the document Via facsimile from (972) 661-7709 to each person and facsimile number shown on the service list. The transmission was reported as complete and without error. A copy 0f the activity report(s) generated by the facsimile machine is attached hereto. BY EMAIL - By sending the document Via email from anthoni@bdfgroup.com to each person and email address shown on the service list STATE - I declare under penalty of perjury under the laws of the State of California that the foregoing facts are true and correct. FEDERAL - I declare under penalty of perjury under the laws of the United States 0f America that the foregoing facts are true and correct and that I am em loyed in the Office of a member of the Bar at whose direction the service was ma e. Executed 0n March 16, 2021, at Ontario, California. WW Qawlw Anthon‘jl Ioflian PROOF OF SERVICE -1- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SERVICE LIST Wells Fargo Bank, N.A. v. Iohnathan Covey, et al. Santa Clam County Superior Court Case No. 20CV368237 Johnathan Covey 21 Angra Way Gilroy, CA 95020 Defendant in Pro Per PROOF OF SERVICE -2-