Request DismissalCal. Super. - 6th Dist.March 2, 2021ATTORNEY OR PARTY WITHOUT ATTORNEY STATEBARNO 313422 FOR COURT USE ONLY CIV-110 sTATE: CA zipcoDE 94010 FAx No i (650) 697-0577 Plaintiff/Petitioner: Stephen A. O'rien Defendant/Respondent: Marie Tuite, et al. REQUEST FOR DISMISSAL NAME'amarah P. Prevost FIRM NAME. Cotchett, Pitre & McCarthy, LLP sTREEr ADDREss 840 Malcolm Road, Suite 200 opr: Burlingame TELEPHDNEND'650) 697-6000 E MAa, AooREss tprevost cpm(egal.corn ATroRNEvpoR(Meme). Plaintiff Stephen A. O'Bnen SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara BTREETADDREss 191 North First Street MAILING ADDREse 191 North First Street clTY AND zip coDE'an Jose, CA 951 1 3 BRANcH NAME. Downtown Superior Court CASENUMBER; 21C)/379038 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 action. (Cal. Rules of Court, rules 3.760 and 3.770.) 1. TO THE CLERK: Please dismiss this action as follows. a. (1) ~x Withprejudice (2) ~ Withoutprejudice b. (1) ~x Complaint (2) ~ Petition (3) ~ Cross-complaint filed by (name): (4) ~ Cross-complaint filed by (name): (5) ~ Entire action of all parbes and all causes of action (6) ~ Other (specify):* 2. (Comp/e/e in a// cases except family /aw cases.) Thecourt ~ did ~x didnot waive courtfeesandco t f clerk /f court fees and costs were waived, the declaration on D te:QQ !A(~ Tamarah P. Prevost (TYPE oR PRINT NAME QF ~x ATToRNEY ~ PARTY wlTHDUT ATTQRNEY) If dismissal requested is of spemfied parties only of specified causes of action only, or of specified cross complaints only, so state and identify the parsee, causes of action, or cmssmompleints to be dismissed on (date): on (date): his case. (Tb/s in orm must be corn from the !Attorney or party without a(tome or: ~x Plaintiff/Petitioner ~ Defendant/Respondent~ Cross Complainant a class action or of any party or cause of action in a class 3. TO THE CLERK: Consent to the above dismissal is hereby given.** Date: nYPE OR PRINT NAME OF ~ ATTORNEY ~ PARTY IMTHOUT ATTORNEY)" If a cross complaint - or Response (Family Law) seeking affiimafive relief - is on file, the attorney ior cross-complement (respondent) must sign this consent if required by Code of Civil Procedure section 531 (i) or (I). (SIGNATURE) Attorney or party without attorney for~ Plaintiff/Petitioner ~ Defendant/Respondent~ Cross Complainant (To be completed by clerk) 4. ~ Dismissal entered as requested on (date): 5 ~ Dismissal entered on (date): as to only (name): 6. ~ Dismissal not entered as requested for the following reasons (specify): 7. a. ~ Attorney or party without attorney notified on (date): b. ~ Attorney or party without attorney not notified. Fihng party failed to provide~ a copy to be conformed ~ means to return conformed copy Clerk, by , DBPU(y pagel cia Form Adoplso for M andatoiy Use Jud oal Counol of California CIV-I 10 [Rev Jsn I, 2013] REQUEST FOR DISMISSAL code of owl pnweduie 5 531 et seq; Gov. code, 5 SSS3T(c). Cal. Rules of Couil, tule 3 1333 www coons cs gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 2/17/2022 4:11 PM Reviewed By: R. Sandoval Case #21CV379038 Envelope: 8319552 21CV379038 Santa Clara - Civil R. Sandoval 2/17/2022 4:11 PM 2/17/2022 4:11 PM X 2/17/2022 4:11 PM R. Sandoval X Plaingif/Petitioner: Stephen A. O'rien Defendant/Respondent: Marie Tuite, st al. ! CASE NUMBER: 21CV378038 CIV-110 COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS lf a party whose court fess and costs were inigally 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 s statutory lien on that recovery. The court may refuse to dismiss the case until ths lien is satisfied. (Gov. Code, g 66637.) Declaration Concerning Waived Court Fees 1. The court waived court fees and costs in this action for (nsme): 2. The person named in item 1 is (check one below): a. ~ not recovering anything of value by this action. b ~ Recoverin less than $10,000 in value by this action. c. ~ recovering $10,000 or more in value by this ac5on. (if item 2cis checked, item 3 must be completed.) 3. ~ Ag court fees and court costs that were waived in this acgon have been paid to ths court (chscii one): Yss No I declare under penalty of perjury under the laws of the State of California that the information above is true and correct Date: iTYPE OR PRINT NAME OF ~ ATTORNEY ~ PARTY MAKING OECIARATIONr (SIGNATURE) clv-110 Siss. 3ssssry 1, 231st REQUEST FOR DISMISSAL Psss2312