Notice Entry of Dismissal w POS

Cal. Super. - 6th Dist.March 2, 2021

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): R. Dewey Wheeler/Lisa R. Roberts 129968/141171 McNamara Law Firm 3480 Buskirk Avenue, Suite 250 Pleasant Hill, CA 94523 TELEPHONENO.: ( 925 ) 939 - 5330 FAX NOJ ( 9 2 5 ) 9 3 9 - 0 2 0 3 E-MAIL ADDRESS: ATTDRNEYFQR(Name]: Cross - De fendant r CYNTHIA NORWOOD sUPERIQR coURT QF CALIFQRNIA, CQUNTY oF Santa Clara sTREETADDREss: 1 91 North First Street MAILING ADDRESS; cITYANDzIP coDE: San Jose, CA 95 1 1 3 BRANCH NAME: PLAINTIFF/PETITIONER: CYNTHIA NORWOOD DEFENDANT/REspoNDENT: JONATHAN WAGONER NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE~ Personal Injury, Property Damage, or Wrongful Death~ Motor Vehicle [Q Other~ Family Law~ Eminent Domain~ Other (specify): FOR COURT USE ONLY CASE NUMBER: 21CV378993 CIV-120 TO ATTORNEYS ANO PARTIES WITHOUT ATTORNEYS: A dismissal was entered in this action by the clerk as shown on the Request for Dismissal. (Attach a copy completed by the clerk.) Date: October 2 0, 2 021 (TYPE OR PRINT NAME OF ~ ATTORNEY ~ PARTY WITHOUT ATTORNEY) (SIGNATURE) PROOF OF SERVICE 1. I am over the age of 18 and not a party to this cause. My residence or business address is: ***SEE ATTACHED PROOF OF SERVICE*** 2. ~ I am a resident of or employed in the county where the mailing occurred. I served a copy of the Notice of Entry of Dismissal and Request for Dismissal by mailing them, in a sealed envelope with postage fully prepaid, as follows: a. ~ I deposited the envelope with the United States Postal Service. b. ~ I placed the envelope for collection and processing for mailing following this business's ordinary practice with which I am readily familiar. On the same day correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service. c. Date of deposit: d. Place of deposit (city and state): e. Addressed as follows (name and address): 3. ~ I served a copy of the Notice of Entry of Dismissal and Request for Dismissal by personally delivering copies as shown below: a. Name of person served: b. Address at which person served: c. On (date): d. At (time): 4. ~ I served a copy of the Notice of Entry of Dismissal and Request for Dismissal by electronically serving copies as shown below (complete if electronic service is used based on a court order or agreement of the parties): a. Name of person served: b. Electronic service address of person served: c. On (date): d. At (time): e. Electronic service address from which I served the documents:~ Proof of electronic service is attached. 5. ~ Proof of service on additional parties is attached. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) Page 1 of 1 Form Adopted for Mandatory Use Judicial council of california ., „, NOTICE OF ENTRY OF DISMISSAL CIV-120 (Rev. January 1, 2012] ( fg: ESSentlai AND PROOF OF SERVICEraissom.:PH " rme RDW Code of Civil Procedure, (I 581 et seqJ Cal. Rules of Court, rule 3.1390 www. courts.ca. gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 10/20/2021 4:23 PM Reviewed By: R. Fleming Case #21CV378993 Envelope: 7505695 21CV378993 Santa Clara - Civil R. Fleming 21CV3?8993 Santa Clara - Civil ATTGRNEY oR pARTY wITHDUT ATToRNEY (&va&oa, slats sar au&nasn and address): Joshua R, Jachimov icz/Eleno Nunez Gonzalez (Bar T'/ 278316/332555) JACIIIMOWICZ LA% GROI JP 1530 The Alameda, Suite 115 San Jose, CA 95126 T'LE'HDNE Roc (408) 246-5500 FAx No. (o:;«sgr (408) 246-1051 E-MAIL ADDREss fopd«ar)r J OSh I2)Jaeh laWgreup. COm ATT«NE»««amah JpnattIan Te)t/8 Oner. Defendant and CrOSS-COm I ainant sUPERloR coURT QF cALIFDRNIA, coUNTy oF SAN I A ( I ARA sTREET ADDREss: I 9 I North First Street MAILING ADDRESS: GITYANDzlPcoDE: San Jose 95113 SRANCII NAMF: Sari Jose PLAINTIFF/PETITIQNER: Cynthia Norwood DEFENDANT/RESPONDENT: JOnathan t)s/agcner, et al. CIV-«%5 Electronicatty Aie8 by Superior Court of CA, County of Santa Clara, on 10/14/2021 3:10 PM Reviewed By: M. Sorum Case ¹21CV378993 Envelope: 7467205 REQUEST FOR DISMISSAL cAGE NUMBER: 21 CV3 /8993 A conformed copy will not be returned by the clerk unless a method of return is provided with the document. I his 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.?60 and 3.??0.) 1. TO THE CLERK: Please dismiss this action as follows: a. (1) ~X 'With prejudice (2) ~ Without prejudice b, (1) ~ Complaint {2) ~ Petition (3) ~X Cross-complaint filed by (name): Jonathan Wagoner on (date): April 30, 2021 (4) ~ Cross-complaint filed by (name): on (date): {6) M Entire action of all parties and all causes of action (6) Wx Other (speci? ):* With each party to bear their own attorneys'ees and costs. 2. (Complete in all cases except family lew 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 court fees and costs were waived, the declaration on the back o I form st be completed). Date: October 4, 2021 Joshua R. Jachimo)2/icz (TYPE OR PRINT NAME OP ~X ATTORNEY ~ PARTY WITHOUT ATTORNEY} ! SIGN RE) *lf dismissal requested is of specified parties only of specified causes of action Attcl'ney Ol" ity Without atton1e/ Ol'". only, or of specsfled cross-comPlaints only, so state and identify the Parties, ~ Plaintiff/Petitioner ~X Defendant/Respondentcauses of act&on, or cross-compsaints to be dismissed. M Cross-Complainant 3. TO THE CLERK; Consent to the above dismissal is hereby given.** Date: ITYPE QR PRIN'r NAMF. 0" ~ ATTDRNFY ~ PARTY vvITHQUT ATTDRNEY} * 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 SS1 (i) or g). ISIGNAT URE) Attorney or party without attorney for: Plaintiff/Petitioner ~ Defendant/Respondent~ Cross-Complainant (To be compieted by clerk) 4. ~ Dismissal entered as requested on (date):10/14/2021 3:10 PM 6 ~ Dismissal entered on (date): as to only (name): 6. ~ Dismissal not entered as requested for the following reasons (specify): 10/1 4/2021 3:10 PM ?. a. K3 Attorney or party without attorney notified on (date): b. ~ Attorney or party without attorney not notified. Filing party failed to provide M a copy to be conformed ~ means to return conformed copy 10/14/2021 3:10 PM Clerk„by M. Sorum , Deputy Page 1 of 2 Form Adopted for Mandatory Use Judscss Council of California CIV-110 IRsv. Js&1. 1, 2013) REQUEST FOR DISNIISSAL Coda or Civil Procedure, eJ SSI st ssqc Gov. Cods, $ 08637,'ck Cai. R: I s ot Court, rule 3.1390 w'sav. cou&ss ca.gov l,exi stye&xis'JL1 Arrromare&f Ca/Ij'Orssia Jrrr//Cia/ Cormcil Fo&mnd PLAINTIFF/PETITIONER: Cynthia Norwood DEFENDANT/RESPONDENT: Jonathan Wagoner, et ai. CASE NUMBER: 21CV378993 CIV-110 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, fi 66637.) 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): not recovering anything of value by this action. b ~ recovering less than $ 10,000 in value by this action. c. ~ recovering $10,000 or more in value by this action. (ifitem 2cis checked, item 3 must be completed) 3. ~ All court fees and court costs that were waived in this action have been paid to the court (check one): C] Yes H No I declare under penalty of perjury under the laws of the State of California that the information above is true and correct. Date: [TYPE OR PRINT NAME OF ~ ATTORNEY~ PARTY MAKING DECLARATION) (SIGNATURE) CIV-1 10 [Rev. Jaaua0t 1, 2013] REQUEST FOR DISMISSAL Page 2 ef 2 LexisNexise Automated California Judicial Council Forms U O Q Qgg Xl «,'w 0 & «' «« «t'g + ~ 0 Pn « gg F4 12 m 13 14 15 16 17 Attorneys For Plaintiff, Cynthia Norwood: Shahrad Milanfar, Esq. Milanfar Law Firm, PC 925 Ygnacio Valley Road, Suite 103C Walnut Creek, CA 94596 E-Mail:smilanfar@milanfarlaw.corn Attorneys For Def/X-Complainant, Jonathan Wagoner: Joshua R. Jachimowicz, Esq. Jachimowicz Law Group 1530 The Alameda, Suite 115 San Jose, CA 95126 Phone: 408-246-5500 Fax: 408-246-1051 E-Mail:josh@jachlawgroup.corn 18 19 20 21 I declare under penalty ofperjury under the laws of the State ofCalifornia that the foregoing is true and correct and that this declaration was executed on October, 2021 at Pleasant Hill, California. PROOF OF SERVICE BY MAIL (C.C.P. ) $ 1013a, 2015.5) I hereby declare that I am a citizen of the United States, am over the age of eighteen years, 3 and not a party to the within action; my business address is 3480 Buskirk Avenue, Suite 250, 4 Pleasant Hill, CA 94523. On this date I served the foregoing NOTICE OF ENTRY OF DISMISSAL AND PROOF 6 OF SERVICE on the parties in said action, by placing a true copy thereof enclosed in a sealed 7 envelope addressed as listed below for mailing. I am readily familiar with this firm's practice of 8 collection and processing correspondence for mailing. Under that practice, it would be deposited 9 with the United States Postal Service on that same day with postage thereon fully prepaid, in the 10 United States Post Office mail box at Pleasant Hill, California, addressed as follows: 22 23 Ka '. Murp y 24 25 26 27 28