Request Dismissal

Cal. Super. - 6th Dist.March 18, 2021

21 CV379047 Santa Clara - Civil Clv_110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Barnumber, and address): A VillanuevaJANET L. BROWN / MARTIN HOFFMANN / MASON ARIA, SBN 208602 / 248141 /336636 FOR COURTUSE ONLY ' ZWICKER & ASSOCIATES, P.C. . . A Law Firm Engaged in Debt Collection EIGCtronlcally Flled 1320 WILLOW PASS ROAD SUITE 730 by Superior Court of CA,CONCORD, CA 94520 County of Santa Clara,TELEPHONE N0.: (925)689-7070 FAX No. (Optional): (925)689-7077 E-MAIL ADDRESS (Optional): ZACNL|T|GAT|ON@ZW|CKERPC.COM 0n 9/1 6/2021 10 :46 AM ATTORNEY FOR (Name): DISCOVER BANK Reviewed By: A_ Villanueva SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA case #21 CV379047 STREET ADDRESS: 191 N. FIRST STREET Envelope: 7278488 MAILING ADDRESS: 191 N. FIRST STREET CITY AND ZIP CODE: SAN JOSE, CA 951 13-1 090 BRANCH NAME: MAIN COURTHOUSE PLAINTIFF/PETITIONER; DISCOVER BANK DEFENDANT/RESPONDENT: KEVIN AGBAYANI REQUEST FOR DISMISSAL cAsE NUMBER; 21 CV379047 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) D With prejudice (2) E Without prejudice b. (1) D Complaint (2) D Petition (3) D Cross-complaint filed by (name): on (date): (4) D Cross-complaint filed by (name): on (date): (5) D Entire action of all parties and all causes of action (6) m Other (specifv):* PLEASE DISMISS AS TO DOES 1 TO 10 ONLY 2. (Complete in all cases exceptfamily law cases.) The court D did E did not waive court fees and costs for a party in this case. (This information may be obtainedfrom the clerk. If courtfees and costs were waived, the declaration on the back 0f this form must be completed). / Date: 9/1 6/2021 I [ ]JANET L. BROWN [x] MARTIN HOFFMANN [ ] MASON ARIA > V (SIGNATURE) (TYPE OR PRINT NAME OF g A'I'I'ORNEY D PARTY WITHOUT ATTORNEY) A rn r r wi h rn f r: *lf dismissal requested is of specified parties only of specified causes of action only, or tto ey O pa ty t OUt atto ey O of specified cross-complaints only, so state and identify the parties, causes of action, or g PIaintiff/Petitioner D Defendant/Respondentcross-complaints to be dismissed. D Cross-Complainant TO THE CLERK: Consent to the above dismissal is hereby given.** Date: b (TYPE 0R PRINT NAME 0F D ATrORNEY D PARTY WITHOUT ATrORNEY) (S'GNATURE) ** If a cross-complaint - or Response (Family Law) seeking affirmative relief - is Attorney 0r party WithOUt attorney for: on file, the attorney for cross-complainant (respondent) must sign this . . . . consent if required by Code of Civil Procedure section 581 (i) or (j). D Plamt'ff/Pet't'oner D Defendant/ReSpondent D Cross-Complainant (To be completed by clerk) 4. E Dismissal entered as requested on (date): 9/16/2021 10:46 AM 5 D Dismissal entered on (date): as to only (name): 6. D Dismissal not entered as requested for the following reasons (specify): 7. a. E Attorney or party without attorney notified on (date):9/16/2021 10:46 AM b. D Attorney or party without attorney not notified. Filing party failed to provide D a copy to be conformed D means to return conformed copy Date29/16/2021 10146 AM c|erkl by A. Villanueva I Deputy Page 1 of 2 Form Adopted for Mandatory Use Code of Civil Procedure, § 581 et seq.; Judicial Council of California REQUEST FOR DISM ISSAL Gov. Code, § 68637(c); Cal. Rules of Court, rule 3.1390 CIV-110 [Rev. Jan. 1, 2013] www.courts.ca.gov ClV-110 PLAINTIFF/PETITIONER: DISCOVER BANK CASE NUMBER: DEFENDANT/RESPONDENT: KEVIN AGBAYANI 21 CV379047 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, § 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. D not recovering anything of value by this action. b. D recovering less than $10,000 in value by this action. c. D recovering $10,000 or more in value by this action. (Ifitem 2c is checked, item 3 must be completed.) 3. D All court fees and court costs that were waived in this action have been paid to the court (check one): DYes | declare under penalty of perjury under the laws of the State of California that the information above is true and correct. Date: b (TYPE OR PRINT NAME OFD A'I'I'ORNEYD PARTY MAKING DECLARATION) (SIGNATURE) DNO clv-no[Rev.January1,2o13] REQUEST FOR DISMISSAL Page 2 of 2 American LegalNet, Inc. www,FonnsWorkFlow‘coma