Request Dismissal

Cal. Super. - 6th Dist.November 23, 2020

20CV37391 3 Santa Clara - Civil ClV-1 10 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Carina M. Jordan, SBN 302099 Nicholas J. Babilis, SBN 291676 Thomas J. Sebourn, SBN 279272 Patrick J. Layman, SBN 59643 Jason W. Tang, SBN 314337 Erin E. Patterson, SBN 262285 Shane T. Wate, SBN 302738 SUTTELL & HAMMER, APC PO BOX C-90006 BELLEVUE, WA 98009 File N0: 747085.001 ATTORNEY FOR (Name): JPMorgan Chase Bank, N.A. TELEPHONE No: (888) 788-8355 FAX No. (Optional) (425) 453-3239 FOR COURT USE ONLY A NakJmoto E ectronically Filed by Superior Court of CA, County of Santa Clara, on 8/23/2021 11:00 AM SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 N. First Street MAILING ADDRESS: 191 N. First Street CITY AND ZIP CODE: San Jose CA 951 1 3 BRANCH NAME: Reviewed By: A. Nakamoto Case #20CV37391 3 Envelope: 71 14684 PLAINTIFF: JPMorgan Chase Bank, N.A. Defendant: RAFAEL MIRANDA REQUEST FOR DISMISSAL CASE NUMBER: 20CV373913 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) [X] With prejudice (2) [ ] Withoutprejudice b. (1) [ ] Complaint (2) [ ] Petition (3) [ ] Cross-complaintfiled by (name): (4) [ ] Cross-complaintfiled by (name): (5) [X] Entire action of all parties and all causes of action (6)[ ] Other (specify):* 2. (Complete in all cases except family law cases.) The court [ ]did on (date): on (date): [X] did not waive court fees and costs for a party in this case. (This information may be obtained from the clerk. lf court fees and costs were waived, the declaration on the back of this form must be completed). Dated August 10, 2021 ( )Nicholas J. Babilis, SBN 291676 ( ) Patrick J. Layman, SBN 59643 ( ) Erin E. Patterson, SBN 262285 ( XShane T. Wate, SBN 302738 (TYPE OR PRINT NAME OF [X] ATTORNEY [ ] PARTY WITHOUT ATTORNEY) ( )Carina M. Jordan, SBN 302099 ( )Thomas J. Sebourn, SBN 279272 ( )Jason W. Tang, SBN 314337 *If dismissal requested is of specified parties only of specified causes of action only, or of specified cross-complaints only, so state and identify the parties, causes of action, or cross- complaints to be dismissed. 3. T0 THE CLERK: Consent to the above dismissal is hereby given.“ Date: (TYPE 0R PRINT NAME 0F [ ] ATrORNEY [ ] PARTY WITHOUT ATTORNEY) ** If a cross-complaint - or Response (Family Law) seeking affirmative relief - is on file, the attorney for cross-complainant (respondent) must sign this consent if required by Code of Civil Procedure section 581 (i) or (j). (To be completed by clerk) 4. E< ] Dismissal entered as requested on (date): 5 [ ] Dismissal entered on (date): 8/23/2021 11:00 AM (SIGNATURE) Attorney or pany without attorney for: [X] Plaintiff/Petitioner [ ] Defendant/Respondent [ ] Cross-Complainant D Attorney or party without attorney for: [ ] PIaintiff/Petitioner [ ]Defendant/Respondent [ ] Cross-Complainant (SIGNATURE) as to only (name): 6. [ ] Dismissal not entered as requested for the following reasons (specify): 7. a. E< ] Attorney or party without attorney notified on (date): 8/23/2021 11:00 AM b. [ ] Attorney or party without attorney not notified. Filing party failed to provide [ ] a copy to be conformed [ ] means to return conformed copy Date: . C| k8/23/2021 11.00 AM er . by A. Nakamoto ’ Deputy Page 1 of 2 Form Adopted for Mandatory Use Code 0f Civil Procedure, § 581 et seq. Judicial Council ofCalifornia REQUEST FOR DISMISSAL Gov. Code, § 68637(c); Cal. Rules ofCourt, rule 3.1390 CIV-110 [Rev. Jan. 1, 2013] WWW. CaurtS. Ca‘gflv ClV-110 PLAINTIFF: JPMorgan Chase Bank, N.A. CASE NUMBER: Defendant: RAFAEL MIRANDA 20CV373913 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 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. [ ] 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 20 is checked, item 3 must be completed.) 3. A|| 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. Dated: (TYPE OR PRINT NAME OF [ ] ATTORNEY [ ] PARTY MAKING DECLARATION) (SIGNATURE) Page 2 of2 Form Adopted for Mandatory Use RE Code of Civil Procedure, § 581 et seq. Judicial Council ofCalifornia QUEST FOR DISMISSAL Gov. Code, § 68637(c); Cal. Rules 0fCourt, rule 3.1390 CIV-l 10 [Rev. Jan. 1, 2013] WWW. COurtS. CLLgOV PROOF OF SERVICE STATE OF Washington, COUNTY OF King} ss. I am a resident of the United States and employed in the County of King, Washington; I am over the age of 18 years and not a party to the within entitled action; my business address is PO Box C-90006, Bellevue WA 98009. On 8/16/2021 , I served the foregoing document, described as REQUEST FOR DISMISSAL on the interested parties to said action by the following means: (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 0f SUTTELL & HAMMER, addressed as shown below. I am readily familiar with this business's practice for collection and processing 0f correspondence for mailing with the U.S. Postal Service, and in the ordinary course 0f 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 Bellevue, Washington, 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 addresses shown below. (By Overnight Delivery): By placing a true copy thereof, enclosed in a sealed envelope, With delivery charges prepaid, t0 be sent by , addressed as shown below. (By Facsimile Transmission): By transmitting a true copy thereofby facsimile transmission from facsimile number , t0 the interested parties to said action; the transmission was reported as complete and Without error, and a copy 0f the transmission report, Which was properly issued by the transmitting facsimile machine, is attached hereto and incorporated herein by reference. Said documents were transmitted t0 the interested parties as shown below at a.m./p.m. I declare under penalty 0f perjury under the laws 0f the State 0f California that the foregoing is true and correct. Executed 0n 8/16/2021 , at Bellevue, King, Washington. [X] LegalAssistamm ( ) Kristin Newton V ( ) Sumer DeRosE’ ( ) Alexia Nono ( ) Patty Canapi ( ) Phillip E. Gendro ( ) Victoria Wheeler ( ) Austin Edwards ( ) Jacob Batts ( ) Christian Obando ( ) Jana Macklin ( ) Jasmine Lee ( ) KC Gidewall ( ) Jyoti Cossette ( ) Monica Brodhacker ( ) Aqdar Awadh ( ) Cody Baker ( ) Jennifer Chavira ( ) Angelo Tadrous ( ) Xenia Chiles ()Q Daniela Olvera-Sanchez ( ) Jacob Batts NAME AND ADDRESS OF EACH PERSON SERVED: RAFAEL MIRANDA 3900 MOORPARK AVE APT 167 SAN JOSE CA 951 17-1834