Request DismissalCal. Super. - 6th Dist.March 3, 2021ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Sar number, and adiaass)Bar N O. 1 i60267 WILLIAM J. FRIMEL, SEUBERT FRENCH FRIMEL & WARNER LLP 1075 Curtis Street, Menlo Park, CA 94025 TELEPHONE NOJ 650.322 3046 FAX NO, (optional)i E-MAIL ADDREss (opdcnai). b ill@affWI ay(I.COm AtTDRNEY FDR(noma)i Ca )ital Asset Exchan e and Tradin LLC sUPERIQR coURT QF GALIFoRNIA, coUNTvf QF Santa Clara sTREETADDREssi 191 N. First Street MAIUNG ADDRESS: clTYANDzIPGQDE San Jose, CA 951 13 BRANCH NAME PLAINTIFF/PETITIQNER: Capital Asset Exchange and Trading, LLC DEFENDANT/REsPQNDENT: OEM Group East, LLC REQUEST FOR DISMISSAL FOR COURT USE ONLY cAsE NUMBEPJ 2 1 CV3791 1 2 CIV-110 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) ~d'ithout prejudice b. (1) ~ Complaint (2) ~ Petition (3) ~ Cross-complaint filed by (name): on (date): (4) ~ Cross-complaint filed by (name): on (date): (5) M Entire action of all parties and all causes of action (6) ~ Other (specify):* 2. (Complete in all cases except family law cases.) The court ~ did ~/ did not waive court fees and costs fora party in this case. (Thisinformation maybe obtained from the clerk. If court fees and costs were wai ved, the declalation on the back of this form must be completed). Date December 13, 2021 ))i(i)I)Sr(t.J, FTI)nel (TYPE OR PRINT NAME OF ~ ATTORNEY ~ PARTY WITHOUT ATTORNEY) IGNATURE) *s dismissai requested is of specified palfies only of specified causes of acson (torney or l arty wit o«attorney for l&nly, or of sppc'f'ed cross complaints only, so state and idendy the parties ~vr plaintifflpetitioner ~ Defendan()Respondentcauses of action, or closswomplaints to be dismissed. Cross-Complainant 3. TO THE CLERK: Consent to the above dismissal is hereby given.** Date: (TYPE OR PRINT NAME OF ~ ATTORNEY~ PARTY WITHOUT ATTORNEY) **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)or (I). (To be completed by clerk) 4. ~ Dismissal entered as requested on (date): (SIGNATURE) Attorney or party without attorney for: Plaintiff/Petitioner ~ Defendant/Respondent~ Cross-Complainant 5 ~ Dismissal entered on (date): as to only (name): 6. ~ Dismissal not entered as requested for the following reasons (specify): 7. a. M Attorney or party without attorney notified on (date): b. ~ Attorney or party without attorney not notified. Filing party failed to provideH a copy to be conformed ~ means to return conformed copy Date: Form Adopted for Mandatory Usa Judidal Council of California CIV-110 [Rav. Jan. 1, 2013) Clerk, by REQUEST FOR DISMISSAL , Deputy Page 1 of 2 Code of Civil Procedure, 8 681 at sacs Gov. Code, 8 6863T(c); Cal. Rules of Court, rule 3.1390 avnv ccuilsca,dov Electronically Filed by Superior Court of CA, County of Santa Clara, on 12/13/2021 1:49 PM Reviewed By: K. Nguyen Case #21CV379112 Envelope: 7851424 12/13/2021 1:49 PM 12/13/2021 1:49 PM X 12/13/2021 1:49 PM K. Nguyen X PLAINTIFF/PETITIONER: Capital Asset Exchange and Trading, LLC DEFENDANT/RESPONDENT: OEM Group East, LLC CASE NUMBER: 21CV379112 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, ti 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 ~ not recovering anything of value by this action. recoveriing less than $ 10,000 in value by this action. c. ~ recoveriing $ 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): H 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) CIV1 10 (Rev. January 1, 201 3] REQUEST FOR DISMISSAL Page 2 of 2