Request Dismissal Entire Action Without Prejudice

Cal. Super. - 6th Dist.January 29, 2021

3/18/2021 4:26 PM /s/ K. Nguyen X X 3/18/2021 4:26 PM 3/18/2021 4:26 PM Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/18/2021 4:26 PM Reviewed By: K. Nguyen Case #21CH009835 Envelope: 6065248 CIV-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar numba', and address): Nathan C. Benjamin LAW OFFICE OF BENJAMIN | LEIBROCK 340 Soquel Avenue # 205, SANTA CRUZ. CA 95062 TELEPHONE “0* 83 1 -6oo-8405 FAX No. (Optional): 83 I -71 3-5677 E'MA'L ADDRESS (Opt’ma' info@nathanbenjaminlaw.com AWORNEY FOR (NameJ‘ Petitioner. THE JOHN STEWART COMPANY SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA STREEr ADDRESS; 191 North First Street MAILING ADDRESS: l9] North First Street CITY AND ZIP CODE; San Jose, 951 13 BRANCH NAME: Downtown Superior Court PLAINTIFF/PETITIONER: THE JOHN STEWART COMPANY DEFENDANT/RESPONDENT: BRIAN ALLEN REQUEST FOR DISMISSAL CASE NUMBERIZICH009835 SBN: 197859 FOR COURT USE ONLY 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 VWth prejudice (2) VWthout prejudice b. 1)E Complaint (2) D Petition 3)E Cross-complaint filed by (name): on (date): ( ( ( (4)E Cross-complaintfiled by (name): on (date): ( ( 5) Entire action of all parties and all causes of action 6)E Other (specify):* 2. (Complete in all cases except family law cases.) The court E did m did not waive courtfees and costs for a party in this ase. (Th the clerk. If court fees and costs were waived, the declaration on the back of t ' Date; 03/1 3/202 ‘I kNathan. C.- .Bfim'amin........................... ’ LL/ I (TYPE 0R PRINT NAME 0F [E ATTORNEY E PARTY quHOUT ATrORNEY) SIGNXTUR ‘lf dismissal requested is of specified panies only of specified causes of action Attorney or party WithOUt attorney for: only. or of specufied cross-com Iaints only. so state and identify the parties. Plaintiff/Petitioner E Defendant/Respondentcauses of action. or cross-comp aims to be dismissed. E Cross-Complainant 3. TO THE CLERK: Consentto the above dismissal is hereby given.” Date: ’ may be obtained from (rVPE 0R PRINT NAME 0F E ATTORNEYD PARTY WITHOUT ATrORNEY) (SIGNATURE) '* If a cross-complaint-OI Response (Family Law) seeking affirmative Attorney 0r party Without attorney for: relief - is on file, the anomey for cross-complainant (respondent) must . . . . sign this consent if required by Code of Civil Procedure section 581 (i) D Plalntlff/Petltlonel' E DBfendant/ReSpondent °’ (9' E Cross-Complainant (To be completed by clerk) 4. E Dismissal entered as requested on (date): 5 D Dismissal entered on (date): as to only (name): 6. E Dismissal not entered as requested forthe 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 provide a copy to be conformed E means to return conformed copy Date: C'erkv by , Deputy Page 1 of 2 Form Adopted for Mandatory Use Code of Civil Procedure, 531 et se ., Judicial Council ofCaaifomia REQUEST FOR DISMISSAL Gav. Code, § seams); Cal. Rules ofCoug. rule 31330 CIv-11o [Rem Jan. 1, 201a] wmmmnn smtdep WWW>¢°”"5 ”9“ PLAINTIFF/PETITIONER: THE JOHN STEWART COMPANY DEFENDANT/RESPONDENT: BRIAN ALLEN CASE NUMBER: 2 1 CH009835 ClV-1 1 0 the lien is satisfied. (Gov. Code, § 68637.) COURT‘S RECOVERY OF WAIVED COURT FEES AND COSTS lf 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 Declaration Concerning Waived Court Fees 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.) 1. The court waived court fees and costs in this action for (name):Petitioner, THE JOHN STEWART COMPANY 3.E All court fees and court costs that were waived in this action have been paid to the court (check one): E Yes E N0 Date: Nathan C. Benjamin ’ (TYPE 0R PRINT NAME 0F ATTORNEVD PARTY MAKING DECLARATION) C!V-110 [Rev Janualy 1. 2013] REQUEST FOR DISMISSAL | declare under penalty of perjury under the laws ofthe State of California that the information above is true and correct. (SIGNATURE) Page 2 of2