Request DismissalCal. Super. - 6th Dist.February 9, 202121 CV377606 Santa Clara - Civil Clv_1 1 0 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): R Arlagon Joshua A. Cohen, Esq. State Bar N0. 180293 FOR COURT USE ONLY ' COLLINS + COLLINS LLP 790 E Colorado Blvd 6th Floor Pasadena CA 91 101 El - - 7 a ectronlcall FlledTELEPHONE N05 (626) 243-1 100 FAX No. (Optional): (626) 243-1 1 1 1 . y E-MAIL ADDRESS (OptionaI): by SUPEI‘IOI’ court Of CA, ATTORNEY FOR (Name):HQHBACH REALTY COMPANY, LP county Of santa Clara, SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA 0" 5/25/2021 9:28 AM STREEr ADDRESS: 191 North First Street Rev'ewed By: R- Aragon MAILING ADDRESS: 191 North First Street case #21 CV377606 CITY AND ZIP CODE:San Jose 951 13 Envelope: 651 2882 BRANCH NAMErDowntown Superior Court PLAINTIFF/PETITIONER: HOHBACH REALTY COMPANY, LP DEFENDANT/RESPONDENT: NOTELEAF, INC, et a1. REQUEST FOR DISMISSAL CASE NUMBERz21CV377606 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 V\flth prejudice (2) VWhout 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)E Entire action of all parties and all causes of action (6) Other (speciw* COMPLAINT AGAINST ACTIVEHOURS, INC. ONLY, WITHOUT PREJUDICE 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 c 1y be obtained from the clerk. If coun‘ fees and costs were waived, the declaration on the back of thi: ). Date: Ma 25, 2021 A A. co Joshua X. ’ (rYPE 0R PRINT NAME 0F E ATTORNEY E PARTY WITHOUT ATTORNEY) (SIGNATURE) *If dismissal requested is of specified panies only of specified causes of action Attorney or party WithOUt attorney for: only, or of speCIfied cross-com laints only. so state and identify the panies. PIaintiff/Petitioner E Defendant/Respondentcauses of action, or cross-comp aints to be dismissed. E Cross-Complainant 3. TO THE CLERK: Consent to the above dismissal is hereby given.** Date: ’ (rYPE 0R PRINT NAME 0F E ATTORNEYE PARTY WITHOUT ATTORNEY) (SIGNATURE) ** If a cross-complaint- or Response (Family Law) seeking affirmative Attorney 0r party Without attorney for: 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 PIalntlff/Petltloner E DGfendant/Respondent °r (9' E Cross-Complainant (To be completed by clerk) 4. Dismissal entered as requested on (date): 5/25/2021 9:28 AM 5 E Dismissal entered on (date): as to only (name): 6. E Dismissal not entered as requested for the following reasons (specify): 7. a. E Attorney or party without attorney notified on (date): 5/25/2021 9228 AM 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 R. Aragon Date: 5/25/2021 9:28 AM Clerk, by j Deputy Page1 of2 F°3Tdfi?;pé:dufn‘gl“S?E‘iitfzmi359 REQUEST FOR DISMISSAL Gov. Code, § esecs‘é‘éfiféiivkfifiiifié's'ufi,?Efie?$§86 CIV-110 [Rev. Jan. 1. 2013] westlawDocmm. Bu‘ldep- WWW-cour‘s-ca-go" CIV-1 10 PLAlNTlFF/PETITIONERI HOHBACH REALTY COMPANY, LP CASE NUMBER: DEFENDANT/RESPONDENT: NOTELEAF, INC, et a1. 21CV377606 COURT'S RECOVERY 0F 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. 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 All court fees and court costs that were waived in this action have been paid to the court (check one): E Yes E N0 | 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 0FE ATTORNEYE PARTY MAKING DECLARATION) (S'GNATURE) CIV-‘l 10 [Rev. January 1. 2013] REQUEST FOR DISMISSAL Page 2 0f2 PROOF 0F SERVICE (CCP §§ 1013(a) and 2015.5; FRCP 5) State 0f California, ) SS. County 0fLos Angeles. ) I am employed in the County 0fLos Angeles. I am over the age 0f 18 and not a party t0 the within action. My business address is 790 E. Colorado Boulevard, Suite 600, Pasadena, California 91 101. On this date, I served the foregoing document descfibed as REQUEST FOR DISMISSAL on the interested parties in this action by placing same in a sealed envelope, addressed as follows: NOTELEAF, INC. Sean Unger, Esq. c/o Agent For Service - Vcorp Services CA, Inc. PAUL HASTINGS 818 W Seventh Street, #930 101 California Street, Forty-Eighth Floor Los Angeles, CA 90017 San Francisco, CA 941 11 DD (415) 856-7000 - FAX: (415) 856-7156 seanunger@paulhastings.com ATTORNEYS FOR DEFENDANT ACTIVEHOURS, INC. 1 BY MAIL! - I caused such envelope(s) with postage thereon fully prepaid t0 be placed in the United States mail in Pasadena, California t0 be served on the parties as indicated above. 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 U.S. Postal Service 0n that same day with postage thereon fully prepaid at Pasadena, California in the ordinary course ofbusiness. I am aware that on motion ofthe party served, service is presumed invalid if postal cancellation date 0r postage meter date is more than one day after date 0f deposit for mailing in affidavit. (BY CERTIFIED MAIL) -I caused such envelope(s) With postage thereon fully prepaid Via Certified Mail Return Receipt Requested t0 be placed in the United States Mail in Pasadena, California. BY EXPRESS MAIL OR ANOTHER METHOD OF DELIVERY PROVIDING FOR OVERNIGHT DELIVERY (BY ELECTRONIC FILING AND/OR SERVICE) - I served a true copy, with all exhibits, electronically on designated recipients listed above. FEDERAL EXPRESS - I caused the envelope to be delivered t0 an authorized courier or driver authorized to receive documents with delivery fees provided for. §§Y FACSIMILE! - I caused the above-described document(s) t0 be transmitted t0 the offices 0fthe interested parties at the facsimile number(s) indicated above and the activity report(s) generated by facsimile number (626) 243-1 1 1 1 indicated all pages were transmitted. (BY PERSONAL SERVICE) - I caused such envelope(s) t0 be delivered by hand to the office(s) of the addressee(s). Executed on May 25, 2021 at Pasadena, California. gSTATEL - I declare under penalty ofpeljury under the laws of the State of California that the above is true and correct. §§EDERAL! - I declare that I am employed in the office of a member ofthe bar of this court at whose direction the service was made.9M 9W DEBBIE PARKER