Dismissal of Doe Defendant s

Cal. Super. - 5th Dist.April 9, 2021

E-FILED 8/6/2021 11:16 AM Superior Court of California County of Fresno By: E. Meyer, Deputy x x 8/9/2021 8/9/2021 E. Meyer 8/6/2021 CIV-110 ATTORNEY 0R PARTY WITHOUT ATTORNEY: STATE BAR No: 1 16307 FOR counr use ONLY NAME: Edward A. Treder, Esq. FIRM NAME: Barrett Daffin Frappier Treder & Weiss, LLP STREET ADDRESS: 3990 E. Concours Street, Suite 350 CITY: Ontario STATE: CA ZIP CODE: 91754 TELEPHONE No.: (626) 371 -7000 FAX NO-r (972) 661-7709 E-MAIL ADDRESS: edwardt@bdfgroup.com ATTORNEY F0R(Name): Champion Mortgage Company (Nationtar Mortgage LLC, dba SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F FRESNO STREET ADDRESS:1 130 0 Street MAILING ADDRESS:1 130 O Street CITY AND Z‘P CODErFresno, CA 93721 -2220 BRANCH NAME:B.F. Sisk Courthouse Plaintiff/Petitioner:Champion Mortgage Company (Nationtar Mortgage LLC, dba) Defendant/Respondent:Rebecca Pettitt, et al. CASE NUMBER: REQUEST FOR DISMISSAL 21CE0601019 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): (4) E Cross-complaintfiled by (name): (5) E Entire action of all parties and all causes of action (6) E Other (specify):* DOES 1 to 10. inclusive 2. (Complete in all cases except family law cases.) The court E did E did not waive court fees and costs fora party in this case‘ (This r'nf clerk. If coun‘ fees and costs were waived, the declaration on the back of this form mu on (date): on (date): Date: August 6. 2021 $Edward A. Treder ' (TYPE 0R PRINT NAME 0F E ATTORNEY E PARTY WITHOUT ATTORNEY) or of specified cross-complaints only, so state and identify the panies, causes of E plaintiff/petitionerE Cross Complainantaction, or cross-complaints to be dismissed. (SIGNATURE) *lf dismissal requested is of specified paflies only of specified causes of action only, Attorney OI’ party Without attorney for: 'on may be obtained from the E Defendant/Respondent 3. T0 THE CLERK: Consent to the above dismissal is hereby given.“ Date: ’ (TYPE 0R PRINT NAME 0F E ATTORNEY E PARTY WITHOUT ATTORNEY) ** If a cross-complaint - or Response (Family Law) seeking affirmative this consent if required by Code of Civil Procedure section 581 (i) or (j). (SIGNATURE) Attorney or party without attorney for: relief- is on file, the attorney for cross-complainant (respondent) must sign E PIaintifi/PetitionerE Cross Complainant E Defendant/Respondent (To be completed by clerk) 4. E Dismissal entered as requested on (date): 5 E Dismissal entered on (date): as to only (name): 6. C] Dismissal not entered as requested for the following reasons (specify): 7. a. E Attorney or party without attorney notified on (date): b. E Attorney or party without attorney not notified. Filing party failed to provideE a copy to be conformed E means to return conformed copy Date: Clerk, by , Deputy page 1 m Form Adopted for Mandawry Use Code of Civil Procedure, § 581 et seq; Gov. Code, Judicial Council of Califorma REQUEST FOR DISMISSAL §68637(c); Cal. Rules of Court, rule 3.1390 CIV-110 [Rev. Jan. 1, 2013] www.courts.ca.gov CIV-110 CASE NUMBER: 21CECG01019 Plaintiff/Petitioner:Champion Mortgage Company (Nationtar Mortgage LLC, dba) Defendant/Respondent:Rebecca Pettitt, et al. 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 cour’t waived cour’t 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. (Ifitem 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. Date: ’ (TYPE 0R PRINT NAME 0F E ATTORNEY E PARTY MAKING DECLARAHON) (S'GNATURE) CIV7110 [Rev. January 1, 2013] REQUEST FOR DISMISSAL Page 2 on For your protection and privacy, please press the Clear This Form buflon after you have Printed the form- I Print this form I I Save this form I Clear this form 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, Alexander Lauvray, declare as follows: I am employed in San Bernardino County at 3990 E. Concours Street, Suite 350, Ontario, California 91764. I am over the age 0f eighteen years and am not a party to this action. On August 6, 2021, I served the attached document 0n the interested parties in this action, addressed as shown 0n the ATTACHED SERVICE LIST. D BY MESSENGER, SAME DAY DELIVERY - By placing the document into an envelope addressed t0 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 Fostafie thereon fully repaid, addressed t0 each person shown 0n the service list, or c0 ection and mai ing following ordinary business practices. I am readily familiar with the firm’s practice 0f collection and processin 0f corres ondence for mailing. Under that practice, it would be deposite with the UniteEStates Postal Service on that same day in the ordinary course 0f 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 0n the service list, in a facility regularly maintained by Federal Exgress or delivering the same t0 a driver authorized by Federal Express to receive ocuments. BY FACSIMILE - By sending the document Via facsimile from (972) 661-7709 t0 each person and facsimile number shown on the service list. The transmission was reported as complete and without error. A copy of the activity report(s) generated by the facsimile machine is attached hereto. BY EMAIL - By sending the document Via email from a1exl@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 0f California that the foregoing facts are true and correct. FEDERAL -I declare under penalty 0f perjury under the laws 0f the United States 0f America that the foregoing facts are true and correct and that I am em loyed in the Office 0f a member of the Bar at whose direction the service was ma e. Executed 0n August 6, 2021, at Ontario, California. 015mm O?pauW Alexander Lauvray PROOF OF SERVICE -1- w Champion Mortgage Company, etc. v. Rebecca Pettitt, et al. Fresno County Superior Court Case No. 21CEC601019 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Estate of W. Neil Radley 1404 Helm Avenue Clovis, CA 93612 Estate 0f W. Neil Radley P.O. Box 1061 Clovis, CA 93613 Rebecca Pettitt 19961 E. Thornton Road Queen Creek, AZ 85142 Rebecca Pettitt 1651 E. Tyson Pl. Chandler, AZ 85225 Rachel O’Brien 3651 Moore Street Los Angeles, CA 90066 Randi Christopher 732 Little Oak Street Newberg, OR 97132 Rosalie Gibson 7522 SW Aloma Way, Apt. 7 Portland, OR 97223 PROOF OF SERVICE -2-