Request Dismissal Entire Action With Prejudice

Cal. Super. - 6th Dist.January 4, 2021

CIV-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Barbara V. Lam, Esq./S.B.N. 231073 Law Offices of Stephenson, Acquisto & Colman, Inc E'ectronicany Fi|ed 303 N. Glenoaks Blvd. , Suite 700 by Superior Court of CA ’ Burbank, CA 91502 County of Santa Clara, TELEPHONENO.: 818-559-4477 FAXNo.(0ptiona/): 818-559-5484 on 10/8/2021 3:12 PM E-MAIL ADDRESS (Optional): blam@ sacfirm . com - _ ATTORNEY F0R(Name): Plaintiff Rev'ewed By' K' Nguyen Case #21 CV37531 6 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA Envelope: 7433353 STREETADDRESS: 191 N. lst Street MAILING ADDRESS: CITYANDZIPCODE: San Jose, CA 95113 BRANCH NAME: PLAINTIFF/PETITIONER: STANFORD HEALTH CARE DEFENDANT/RESPONDENT: WESTERN HEALTH ADVANTAGE, ET AL . CASE NUMBER: REQUEST FOR DISMISSAL 2 1CV37 531 6 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) E Without prejudice b. (1) E Complaint (2) E Petition (3) E Cross-complaint filed by (name): on (date): (4) E Cross-complaint filed 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 did not waive court fees and costs for a party in this case. (This information may be obtained from the clerk. If court fees and costs were waived, the declaration on the back of this form must be completed). Date: October 8, 2021 Barbara v. Lam, Esq./s.B.N. 231073 } / .-, l........................................... A WE (TYPE 0R PRINT NAME 0F ATTORNEY E PARTY WITHOUT ATTORNEY) Attorney 0r party Without atér e STANFORD HEALTHI.’ . *lf dismissal requested is of specified parties only of specified causes of action CARE 5' only, or of specified cross-complaints only, so state and identify the parties, Plaintiff/Petitioner E Defendant/Respondent causes of action, or cross-complaints to be dismissed. .E Cross-Complalnant 3. TO THE CLERK: Consent to the above dismissal is hereby given.** Date: } (SIGNATURE) (TYPE OR PRINT NAME OF E ATTORNEY E PARTY WITHOUT ATTORNEY) Attorney 0r party Without attorney for" ** 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) E PIaintiff/Petitioner E Defendant/Respondent 0r (J')- E Cross-Complainant (To be completed by clerk) 4. Q Dismissal entered as requested on (datefi0/8/2021 3:12 pM 5. E Dismissal entered on (date): as to only (name): 6. E Dismissal not entered as requested for the following reasons (specify): 7. a. Attorney or party without attorney notified on (date):1o/8/2021 3;12 pM 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 Datei10/8/2021 3:12 PM Clerk, by K Nguyen : DepUty Page 1 of 2 Form Adopted for Mandatory Use C d fC' '| P d , 581 t .; Judicial Council of California REQUEST FOR DISMISSAL S {'Jegal ,v Gov. Code, § 686307((e:);OCaII.VIRu|reosC(le goeuri ruleei’jggo CIv-1 1o [Rev. Jan. 1, 2013] 0 Ut-giflg CIV-1 1 0 PLAINTIFF/PETITIONER: STANFORD HEALTH CARE DEFENDANT/RESPONDENT: WESTERN HEALTH ADVANTAGE, ET AL. CASE NUMBER: 2 lCV37 53 l 6 the lien is satisfied. (Gov. Code, § 68637.) COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS If a party whose court fees and costs were initially waived has recovered or wi|| 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 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. 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. (lfitem 20 is checked, item 3 must be completed.) 3. E AII court fees and court costs that were waived in this action have been paid to the court (check one):E Yes E No | declare under penalty of perjury under the laws of the State of California that the information above is true and correct. Date: b (TYPE 0R PRINT NAME 0F E ATrORNEY E PARTY MAKING DECLARATION) ClV-1 1O [Rev. January 1, 2013] REQUEST FOR DISMISSAL (SIGNATURE) Page 2 of 2 \DOOxlCN‘JI-bUJNr-n NNNNNNNNNHHHHHHHh-IHH ooumLh-bUJNI-‘OKDOOQQM-hmwl-‘D over the age of 18 and not a patty to the within action; my business address is 303 Nofih Glenoaks Boulevard, Suite 700, Burbank, California 9] 502-3226. On 8 October 2021, l served the foregoing document(s) entitled: by placing a true copy thereof enclosed in a sealed envelope addressed per the attached Service List. [] [] [] [] [1 PROOF OF SERVICE I am employed in the county ofLos Angeles, State of California. I am REQUEST FOR DISMISSAL BY U.S. MAIL: I am "readily familiar" With the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the United States Postal Service 0n that same day with postage thereon fillly prepaid at Burbank, California in the ordinary course 0f business. I am aware that 0n motion 0f the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one da_y after date 0f deposit for mailing in affidavit. [C.C.P. 1013a(3); F.R.C.P. 5(b)] BY FEDERAL EXPRESS: Icaused such envelope(s), with overnight Federal Express Delivery Charges t0 be paid b‘y‘ this firm, t0 be deposited with the Federal Express Corporation at a regularly maintained facility 0n the aforementioned date. [C.C.P. 1013(0) 10‘13(d)] BY PERSONAL SERVICE; I caused the above-stated document(s) to be served by personally delivering a true copy thereof t0 the individuals identified above. [C.C.P. 101 1(a); F.R.C.P. 5(b)] BY EXPRESS MAIL: I caused Such envelflpem), with postage thereon fully prepaid and addressed t0 the party(s) shown above, t0 be deposited in a facility operated by the U.S. Postal Service and regularly maintained for the receipt 0f Express Mail 0n the aforementioned date. [C.C.P. 101 3(0)] BY TELECOPIER: Service was effected on all parties at approximately__ am/pm by transmitting said document(s) from this firm's facsimile machine (818/559-4477) to the facsimile machine number(s) shown above. Transmission to said numbers was successful as evidenced by a Transmission Report produced by the machine indicating the documents had been transmitted completely and without error. C.R.C. 2008(6), Ca]. Civ. Proc. Code § 1013(e). \DOO'xlONUI-RUJNH NNNNNNNNNHHHHHHHHHH OOxJONm-bwwwckoooqmm-thI-‘O [X] BY ELECTRONIC SERVICE: By emailing true and correct copies t0 the persons at the electronic notification address(es) shown 0n the accompanying service list. The document(s) was/were served electronically and the transmission was reported as complete and without error. [X] State: I declare under penalty ofperjury under the laws of the State of California that the above is true and correct. Executed on 8 October 2021 in Burbank, California. AIDA GRIGORIAN \DOOQQU‘I-DUJMr-n NNNNNNNNNHHHHHHHHI-tt-t OOxJONLh-bUJNI-Okoooqom-EMNI-‘O SERVICE LIST Charles Weir, Esq. Manatt, Phelps & Phillips, LLP 2049 Centuly Park East, Suite 1700 Los Angeles, CA 90067 Email: CWeir@manatt.com Attorney for Bay Area Accountable Care Network, Inc. doing business as Canopy Health Michael J. Daponde, Esq. Lisa J. Mayberry, Esq. Daponde Simpson Rowe PC 500 Capitol Mall, Suite 2260 Sacramento, CA 95814 Email: mdaponde@dsrhealthlaw.com hnavbem@dsrhealthlaw.com Attorney for Western Health Advantage