Request Dismissal

Cal. Super. - 6th Dist.November 24, 2020

ZOCV373960 Santa Clara - Civil CIVleuyen ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY KRISTEN DEAN, SBN 321178 File No. 20-05755-0 _ _ NELSON & KENNARD Electronlcally Flled 5011 Dudley Blvd, Bldg 250, Bay G, MCClellan, CA 95652 by Superior Court of CA P.o. Box 13807 ’ Sacramento, CA 95853 county 0f santa Clara, TELEPHONENO: (916) 920-2295 FAXNo. (Optional): (916) 920-0682 on 2/16/2021 12:00 AM E-MAIL ADDRESS (Optional).- . AfiORNEYFom/vame); CAPITAL ONE BANK (USA) , N.A. ReVlewed By: R. Nguyen SUPERIOR COURT OF CALIFORNIA, COUNTY 0F SANTA CLARA case #20cv373960 STREETADDRESS= 191 N. First Street Envelope: 5838801 MAILlNGADDRESS= 191 N. First Street CITYANDZIPCODE: San Jose, CA 95113 BRANCH NAME: LIMITED CIVIL CASE PLAINTIFF/PETITIONER: CAPITAL ONE BANK (USA), N.A. DEFENDANT/RESPONDENT: FRANK C DEROSA, et al- CASE NUMBER: REQUEST FOR DISMISSAL 20CV373960 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)[X] Without prejudice b. (1) [ ] Complaint (2)[ ]Petition (3) [ ] Cross-complaint filed by (name): on (date): (4) [ ]Cross-complaintfiled by (name): on (date): (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 [X ] did not waive court fees and costs for a party in this case. (This information may be obtained from the clerk. If the court fees and costs were waived; the declaration on the back of this form must be completed). Date: February 11, 2021 p9KRISTEN DEAN V (TYPE 0R PRINT NAME OF [X] ATTORNEY [ ]OR PARTY WITHOUT ATTORNEY) (SIGNATURE) * If dismissal requested is of specified parties only of specified causes of action Attorney or party without attorney for: only, 0r of specified cross-complaints only, so state and identify the parties, [ X] pIaintiff/Petitioner [ ] Defendant/Respondent causes of action, or cross-complaints to be dismissed. [ ] Cross-Complainant 3. TO THE CLERK: Consent to the above-dismissal is hereby given.** Date: > (TYPE 0R PRINT NAME OF [ ]ATTORNEY [ ]OR PARTY WITHOUT ATTORNEY) (SIGNATURE) ** If a cross-complaint -- or Response (Family Law) seeking affirmative Attorney or party without attorney for: relief-is on file, the attorney for the cross-complainant (respondent) must [ ] pIaintiff/petitioner [ ] DefendanflRespondent sign this consent if required by Code of Civil Procedure section 581(i) or (j). [ ] Cross-Complainant (To be completed by clerk) 4. P( ] Dismissal entered as requested on (date): 2/1 6/2021 12.00 AM 5. [ ] Dismissal entered on (date): as to only (name): 6. [ ] Dismissal not entered as requested for the following reasons (specify): 7. Ix ]a. Attorney or party without attorney notified on (date): 2/1 6/2021 12:00 AM b. Attorney or party without attorney not notified. Filing party failed to provide [ ]a copy to conform [ ] means to return confirmed copy Date: 2/16/2021 12:00 AM Clerk, by ’S/ R- Nguyen .Deputy Page 1 of2 Form Adopted for Mandatory Use REQUEST FOR DISMISSAL Code of Civil Procedure, § 581 et seq. Judicial Council of California Gov. Code §68637(c); Cal. Rules of Court, rule 3.1390 CV-1 10 [Rev. Jan. 1, 201 3] www.courtinfo.ca.gov CIV-1 1 0 PLAINTIFF/PETITIONER: CAPITAL ONE BANK (USA) , N.A. CASE NUMBER: DEFENDANT/RESPONDENT: FRANK C DERQSA, et al- 20CV373960 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 fees and costs in this action for (name): 2. The person in item 1 (check one below): a. [ ] is not recovering anything of value by this action. b. [ ] is recovering less than $10,000 in value by this action. c. [ ] is 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 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. Date: (TYPE 0R PRINT NAME 0F [ ]ATTORNEY [ ] PARTY MAKING DECLARATION) (SIGNATURE) CV-1 10 [Rev. January 1, 2013] REQUEST FOR DISMISSAL Page 2 of 2 CIV-110 PLNNHFHPEHHONER: CAPITAL ONE BANK (USA), N.A. CASENUMBER DEFENDANWRESPONDENE FRANK c DEROSA, et a1. 20CV373960 PROOF OF SERVICE State of California ) County of Sacramento g I am an employee in the County aforesaid; I am over the age of eighteen years and not a party to the within entitled action; my business address is 5011 Dudley Blvd, Bldg 250, Bay G, McClellan, California 95652. On 2/12/2021 , I served the within documents: REQUEST FOR DISMISSAL on the parties listed below in said action by placing a true and correct copy thereof enclosed in a sealed envelope with postage thereon fully prepaid in the United States mail at Sacramento, California, addressed as set forth below. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on 2/12/2021 , at McClellan, County of Sacramento, California. OLGA PARKHOMOVICH Addressed and mailed to: KAZEROUNHAMIGROUP 2221 CAMINO DEL RIO S STE 101 SAN DIEGO, CA 92108