Request Dismissal

Cal. Super. - 6th Dist.September 22, 2020

, et al. AT) ORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and address) William M, Kaufman, Esq. (242196) Sweeney Mason LLP 983 University Avenue, Suite 104C Los Gatos, CA 95032 TELEPHONE NO 408-356-3000 FAX No (Op(iuaat) E-MAILADDRESS(opbanal) wkaufman@smwb.corn ATTORNEY FOR (Name) Accurate Firestop, Inc. SUPERIQR coURT QF cALIFQRNIA, coUNTY QF Santa Clara sTREETADDREss. 191 North First Street MAILING ADDRESS OITYANDzipcoDE San Jose, CA 95113 BRANCH NAME PLAINTIFF/PETITIQNER'ccurate Firestop, Inc. FOR COURT USE ONLY CIV-110 oEFENoANTiREspoNDENE 333 West San Carlos Tenant, LLC REQUEST FOR DISMISSAL CASE NUMBER 20CV371079 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) ~ With prejudice (2) ~ Without prejudice b. (1) jQ Complaint (2) ~ Petition (3) ~ Cross-complaint filed by (name): on (dale): (4) ~ Cross-complaint filed by (name)( on (da/e): (5) ~ Entire action of all parties and all causes of action (6) ~ other (speci/y)(* Each party to bear their own fees and costs. 2. (Comp/etc in a/I cases except family law cases.) The court ~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 back of this form must be completed). Date: May 3, 2021 William.M.. Kaufman„..Esq. (TYPE OR PRINT NAME OF + ATTORNEY ~ PARTY WITHOUT ATTORNEY) V (SIGNATURE) * If dismissal requested is of speafied parties only of speafied causes of action Attorney or party without attorney for: Accurate Firestop, Inc. only, or of specified cross-complaints univ, su sfale and identify the parties, causes of action, or cross-complaints (d be dismissed. Plaintiff/Petitioner ~ Defendant/Respondent~ Cross-Complainant 3. TO THE CLERK: Consent to the above dismissal is hereby given.** Date; (TYPE OR PRINT NAME OF Q ATTORNEYS PARTY WITHOUT ATTORNEY) If a cross-complaint - or Response (Family Law) seeking affirmative relief - is on file, the asornev for the cressrcomplamanl (respondenl) must sign (his consent if requireif by Code of Civil Procedure section 551(i) or ()). iSIGNATURE) Attorney or party without attorney for:~ Plaintiff/Petitioner ~ Defendant/Respondent~ Cross-Complainant (To be completed by clerk) 4. ~ Dismissal entered as requested on (dale): 5. ~ Dismissal entered on (dale)( as to only (name): 6. ~ Dismissal not entered as requested for the following reasons (specify): 7. a. ~ Attorney or party without attorney notified on (dale): b. ~ Attorney or party without attorney not notified. Filing party failed to provide~ a copy to be conformed ~ means to return conformed copy Clerk, byDate , Deputy Page 1 of 2 Form Adopted for Mandatory Uaa Judiaal Caunal of Cal farnia f Q3' ESSential civ-110 [Rav Jan 1,2013) h FJBForms'ebaem REQUEST FOR DISMISSAL ACCURATE Code of Civil procedure, 5 5al et aaq Gav code, 5 ssa3T(c), cal Rules of court rule 3 1390 wmv courts ca gov FIRESTOP Electronically Filed by Superior Court of CA, County of Santa Clara, on 5/5/2021 11:21 AM Reviewed By: R. Nguyen Case #20CV371079 Envelope: 6381160 20CV371079 Santa Clara - Civil R. Nguyen 5/5/2021 11:21 AM 5/5/2021 11:21 AM X 5/5/2021 11:21 AM R. Nguyen X PLAINTIFF/PETITIONER: Accurate Firestop, inc. DEFENDANT/REsPQNDENT: 333 West San Carlos Tenant, LLC CASE NUMBER: 20CV371 079 CIV-110 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 courl has a statutory lien on that recovery. The court may refuse to dismiss the case until the lien is satisfied. (Gov. Code, 5 68637.) Declaration Concerning Waived Court Fees 1. The court waived fees and costs in this action for (name): 2. The person in item 1 is (check one below): a. ~ not recovering anything of value by this action. b. ~ recovering less than $10,000 in value by this action. c. ~ recovering $ 10,000 or more in value by this action. (If item 2cis checked, item 3 must be completed.) 3. D All court fees and costs that were waived in this action have been paid to the court (check one): CI Yes ~ No I declare under penalty of perjury under the laws of the State of Cahfornia that the information above is true and correct. Date: fTYPE OR PRINT NAME OF ~ ATTORNEY ~ PARTYMAKINGOECLARATION) (3)GNATURE) CIV-110 IRey January 1, 2013l Q~'ssential DM Forms. REQUEST FOR DISMISSAL ACCURATE FIRESTOP Page 2 of 2