Request DismissalCal. Super. - 6th Dist.March 18, 202121 CV3791 46 Santa Clara - Civil E-MAIL ADDRESS (Optional): ATTORNEYFom/vame): BANK 0F AMERICA, N.A. CIVleuyen ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY KRISTEN DEAN, SBN 321178 File No. 20-01385-0 _ _ NELSON a KENNARD Electronlcally Flled 5011 Dudley Blvd, Bldg 250, Bay G, McClellan, CA 95652 by Superior Court of CA, P.O. Box 13807 Sacramento, CA 95853 County of Santa Clara, TELEPHONENO: (916) 920-2295 FAXNo. (Optional): (916) 920-0682 on 6/11/2021 2:25 AM Reviewed By: R. Nguyen STREETADDRESS: 191 N. First Street MAILING ADDRESS: l 9 l N _ First Street CITYAND ZIP CODE: San Jose, CA 95113 BRANCHNAMEI LIMITED CIVIL CASE SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA Case #21 CV3791 46 Envelope: 6628737 PLAINTIFF/PETITIONER: BANK OF AMERICA, N.A. DEFENDANT/RESPONDENT: MELISSA ASAY, et a1. REQUEST FOR DISMISSAL CASE NUMBER: 2 1CV37 914 6 A conformed copy will not be returned by the clerk unless a method of return is provided with the document . class action. (Cal. Rules of Court, rules 3.760 and 3.770) 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 1. TO THE CLERK: Please dismiss this action as follows: a. (1) [X] With prejudice (2) [ ] Without prejudice b. (1) [] Complaint ] Petition (3) [ ]Cross-complaintfiled by (name): (4) [ ]Cross-complaintfiled by (name): (5) [X] Entire action of all parties and all causes of action (6) [ ]Other (specify)? 2. (Complete in all cases except family law cases.) (2)[ on (date): on (date): 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 the court fees and costs were waived; the declaration on the back of this form must be completed). Date: June 4, 2021 KRISTEN DEAN > i y l (TYPE 0R PRINT NAME OF [X] ATTORNEY [ ] OR PARTY WITHOUT ATTORNEY) If dismissal requested is of specified parties only of specified causes of action only, or of specified cross-complaints only, so state and identify the parties, causes of action, or cross-complaints to be dismissed. 3. TO THE CLERK: Consent to the above-dismissal is hereby given.“ Date: (SIGNATURE) Attorney or party without attorney for: [X] Plaintiff/Petitioner [ ] Defendant/Respondent [ ] Cross-Complainant b (TYPE OR PRINT NAME OF [ ]ATTORNEY [ ]OR PARTY WITHOUT ATTORNEY) " If a cross-complaint -- or Response (Family Law) seeking affirmative relief-is on file, the attorney for the cross-complainant (respondent) must sign this consent if required by Code of Civil Procedure section 581 (i) or (j). (To be completed by clerk) . P< ] Dismissal entered as requested on (date):4 6/11/2021 2:25 AM 5. [ ] Dismissal entered on (date): 6. [ ] Dismissal not entered as requested for the following reasons (specify): 7. [X ] a. Attorney or party without attorney notified on (date): 6/1 1/2021 2325 AM b. Attorney or party without attorney not notified. Filing party failed to provide [ ] a copy to conform [ ] means to return confirmed copy (SIGNATURE) Attorney or party without attorney for: [ ] PIaintiff/Petitioner [ ] Defendant/Respondent [ ] Cross-Complainant as to only (name): Date: 6/1 1/2021 2:25 AM Clerk, by R- Nguyen y Deputy Page 1 of2 Form Adopted for Mandatory Use REQUEST FOR DISMISSAL Code of Civil Procedure, § 581 et seq. Judicial Council of California CV-1 10 [Rev. Jan. 1, 201 3] Gov. Code §68637(c); Cal. Rules of Court, rule 3.1390 www.couninfo.ca.gov CIV-1 1 0 PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: BANK OF AMERICA, N.A. MELISSA ASAY, et al. CASE NUMBER: 21CV379146 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 fees and costs in this action for (name): 2. The person in item 1 (check one below): a. [ ] is not recovering anything of value by this action. b. [ ] is recovering less than $10,000 in value by this action. c. [ ] is recovering $10,000 or more in value by this action. (If item 20 is checked, item 3 must be completed.) 3. [ ] All court fees and costs that were waived in this action have been paid to the court (check one): [ ] Yes [ ] No | 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) CV-1 1O [Rev. January 1, 2013] REQUEST FOR DISMISSAL Page 2 of 2 CIV-110 PLAINTIFF/PETITIONER: BANK OF AMERICA, N.A. CASE NUMBER: DEFENDANT/RESPONDENT: MELISSA ASAY, et a1 . 21CV379146 PROOF OF SERVICE State of California ) County of Sacramento g I am an employee in the County aforesaid; I am over the age of eighteen years and not a party to the Within entitled action; my business address is 5011 Dudley Blvd, Bldg 250, Bay G, McClellan, California 95652. On 6/9/2021 , I served the within documents: REQUEST FOR DISMISSAL on the parties listed below in said action by placing a true and correct copy thereof enclosed in a sealed envelope with postage thereon fully prepaid in the United States mail at Sacramento, California, addressed as set forth below. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on 6/9/2021 , at McClellan, County of Sacramento, California. Olga Parkhomovich Addressed and mailed to: MELISSA ASAY 3236 VISTAMONT DR SAN JOSE, CA 95118-1440