Request Dismissal Entire Action Without Prejudice

Cal. Super. - 6th Dist.November 20, 2020

CIV-11O ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) CHRISTINA ARNOLD, State Bar No.: 297590 / HYO JIN JULIA JUNG, State Bar No.: 316090/ FOR COURT USE ONLY MELINE GRIGORYAN, State Bar No.: 321 133 / MICHAEL D. KAHN, State Bar No.: 236898 IEI ctronicauy Filed ABRIL F. SAGLIo-RUIZ, State Bar No.: 299586 . MIDLAND CREDIT MANAGEMENT, INC. b S”pe”°r court 0f CA, 350 CAMINo DE LA REINA, SUITE 100 C unty of Santa Clara, SAN DIEGO, 3:62333 8750 (858) 309 1588 O 9/23/2021 10:35 AM TELEPHONE NO.: - FAX No.: - - _ E-MAIL ADDRESS (Optional): R v'ewed By' K' Nguyen mommy Fon (Name):MIDLAND CREDIT MANAGEMENT, INC. C se #20CV373867 SUPERIOR counT 0F CALIFORNIA, COUNTY 0F SANTA CLARA El‘lvelope: 7325354 STREEr ADDRESS: 191 N. FIRST ST MAILING ADDRESS: CITY AND ZIP CODE: SAN JOSE CA 951 l3 BRANCH NAME: DOWNTOWN SUPERIOR COURT PLAINTIFF/PETITIONERZ MIDLAND CREDIT MANAGEMENT, INC. DEFENDANT/RESPONDENTZ JUDD XAVIER REQUEST FOR DISMISSAL CASE NUMBER:20CV373867 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. T0 THE CLERK: Please dismiss this action as follows: a. (1) D With prejudice (2) X Withoutprejudice b. (1) D Complaint (2) D Petition (3) D Cross-complaintfiled by (name): on (date): (4) D Cross-complaintfiled by (name): on (date): (5) X Entire action of all parties and all causes of action (6) D Other (specify):* 2. (Complete in all cases except family law cases.) The courtD idE did not waive court fees and costs for a party in this case. (This information ay b obtained from the clerk. If court fees and cos we i% the declaration on the back of this form must be completed.) R Date: CHRIS IN A OLD/ ABRIL F. SAGLlO-RUIZ 'HYO JIN JULIA JUNG/ MELINE GRIGORYAN MICHAEL D. KAHN >\ | (TYPE 0R PRINTNAME OF A1TORNEY PARTY WITHOUT ATTORNEY) g (SIGNA'IURE) *lf dismissal requested is of specified parties only, of specified causes Attorney 0r pany without attorney for; of action only, or of specified cross-oomplaints only, so stale and identify _ _ _ . the parties. causes of action. or cross-complaints to be dismissed. PlalntIfi/Petltloner D Defendant/Respondent Cross-Complainant 3. TO THE CLERK: Consent to the above dismissal is hereby given.“ Date: b (SIGNATURE) Attorney or party without attorney fon" If a cross-oomplaint-or Response (Family Law) seeking affirmative renet-is on tile, the attorney for cross-complainant (respondent) must D Plaintiff/Petitioner D Defendant/Respondent sign this consent if required by Code of Civil Procedure section 581 (i) or (j). D Cross_complainant (TYPE OR PRINTNAMEOFD ATTORNEYD PARTYWITHOUTATTORNEY) (To be completed by clerk) 4. E Dismissal entered as requested on (datefi/23/2021 10:35 AM 5. D Dismissal entered on (date): as to only (name): 6. D Dismissal not entered as requested for the following reasons (specify): 7. E a. Attorney or party without attorney notified on (datep/23/2021 10:35 AM b. Attorney or party without attorney not notified. Filing party failed to provide a copy to conform D means to return conformed copy Date9/23/2o21 10:35 AM Clerk, by K- Nguyen , Deputy Page l of 2 Form Adopted for Mandatory Use Code of Civil Procedure. § 581 et seq. Judicial Council of California REQUEST FOR DISMISSAL Gov. Code. § 686370;); Cal. Rules of Court. rules 3.1390 CiV-1 10[Rev. Jan. 1, 2013] www.courtscagov CA_0401G File No. 20-204721 ITC CIV-1 1O PLAINTIFF/PETITIONERZ MIDLAND CREDIT MANAGEMENT, INC. CASE NUMBER DEFENDANT/RESPONDENTE JUDD XAVIER 20CV373867 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 $1 0,000 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 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. D recovering less than $10,000 in value by this action. c. D recovering $1 0,000 or more in value by this action. (If item 2c is 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): D Yes D No | declare under penalty of perjury under the laws of the State of California that the information above is true and correct. Date: F (TYPE on PRINT NAME OFDATTORNEYDPARTY MAKING (S'GNATURE) DECLARATION) CIv-1 1o [new January 1. 20131 REQUEST FOR DISMISSAL pagez orz CA_0424G File No.: 20-204721 JUD PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO} ss. I am a citizen of the United States and employed in the County of SAN DIEGO, State of California; I am over the age of 18 and not a party to the within entitled action; my business address is 350 CAMINO DE LA REINA SUITE 100 SAN DIEGO, CA 92108. On SEP 2 fl 2021 . I served the foregoing document, described as REQUEST FOR DISMISSAL on the interested parties to said action by the following means: X (By Mail) By placing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, for collection and mailing 0n that date following ordinary business practices, in the United States Mail at the offices of MIDLAND CREDIT MANAGEMENT, INC., California, addressed as shown below. I am readily familiar with this business's practice for collection and processing of correspondence for mailing with the U.S. Postal Service, and in the ordinary course of business correspondence would be deposited with the U.S. Postal Service the same day it was placed for collection and processing. (By Mail) By placing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, in the United States Mail at SAN DIEGO, California, addressed as shown below. (By Hand Delivery) By causing a true copy thereof, enclosed in a sealed envelope, to be delivered by hand to the addresses shown below. (By Personal Service) By personally delivering a true copy thereof, enclosed in a sealed envelope, to the address shown below. (By Overnight Delivery) By placing a true copy thereof, enclosed in a sealed envelope, with delivery charges prepaid, to be sent by . addressed as shown below. (By Facsimile Transmission) By transmitting a true copy thereof by facsimile transmission from facsimile number, to be interested parties t0 said action; the transmission was reported as completed and without error, and a copy of the transmission report, which was properly issued by the transmitting facsimile machine, is attached hereto and incorporated herein by reference. Said documents were transmitted to the interested panics as shown below at a.m./p.m. I declare under penalty of perjury that the foregoing is true and correct, and that I am employed in the office 0f a member of the Bar of this Court at whose direction the service was made. SEP 20 2021 Executed on . at SAN DIEGO, California. 3%4Riscn NAME AND ADDRESS OF EACH PERSON SERVED: JUDD XAVIER 2842 RUNNING FAWN SAN ANTONIO, TX 78261 CA_03 18 File No.: 20-204721 ITC