Request Dismissal Entire Action Without Prejudice

Cal. Super. - 6th Dist.April 8, 2021

Electronically Filed by Superior Court of CA, County of Santa Clara, on 10/15/2021 3:32 PM Reviewed By: K. Nguyen Case #21CV379861 Envelope: 7476584 10/15/2021 3:32 PM 10/15/2021 3:32 PM X 10/15/2021 3:32 PM K. Nguyen X ClV-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name Stare Bar number, and address). FOR COURT USE ONLYSpencer Penuela, Esq. SBN: (324544) Michael & Associates, PC 555 St, Charles Drive, Suite 204 Thousand Oaks, CA 91360 TELEPHONENO- 8545)785-4750’ WNowpn-mao (805)3798525 E-MAIL ADDRESS (Optional):( ATTORNEY FOR (Name): Piaintiff, American Express National Bank. et al. SUPERIOR COURT 0F CALIFORNEA, COUNTY 0F SANTA CLARA STREETADDRESS; 191 N. Flrst Street MAILING ADDRESS: CITY AND ZIP CODE: San Jose, CA 951 13 BRANCH NAME: Downtown Superior Court PLAINTIFF/PETITIONER: American Express National Bank, et a1. DEFENDANT/RESPONDENT: Jiang Dianzhou, ct a1. REQUEST FOR DESMESSAL CASE NUMBER: 21CV379861 A conformed copy wilt not be returned by the clerk unless a method of return is provided with the document. This form may not be used for dismissai 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 fotiows: a. (1) E] With prejudice (2) VWthout prejudice b. (1) [:1 Compiaint (2) E] Petition (3) E] Cross-compiaint filed by (name): (4) CZ] Cross-cornpkaint filed by (name): (5) Entire action of alE parties and alt causes of action " (6) E3 Other (specify):* 2 (Complete in at! cases except family law cases.) The court E] did -did not waive court fees and costs for a party m this case. (This information may be obtained from I the clerk. If coud fees and costs were waived, the declaration on the bac of this form must be completed). W Date: October $2021 Spencer enuela, Esq. SBN: (324544) ’ _ (TYPE 0R PRINT NAME OF n-A1T0RNEY E] pARTYwm-xom ATrORNEY) (SIGNATURE) Attorney or party without attorney for:’lf dismissai requested'Is of specified parties oniy of specified causes of action only. or of specufied cross-oom Iaints only so state and identify the parties Plaintifflpetitioner E Defendant/Respondentcauses of action, or cross-oomp aints to be dismissed E: Cross~Complainant on (date): _on (date): 3 T0 THE CLERK: Consent to the above dismissal as hereby given.** Date: ' v ’ > (TYPE 0R PRrNT NAME 0F m ATTORNEY [:3 PARTY WITHOUT ATTORNEY) (SIGNATURE) Attorney or party without attorney for:“If la fcross-cofirrplgnt nor Re?ponse (Famiw Law) seeking affi)nnative rexe Is on Ie ea O_mey or cross-compainant(respondent must . . ._ . . .. sign this consent 5f required by Code of Civil Procedure section 581 (i) C] Plalntlfi/Pemloner D Defendant/Respondent ("6) : [3 Cross-Complainant (To be completed by clerk) 4. [j Dismissal entered as requested on (date): _. 5 E] Dismissa! entered on (date): as to only (name): 6. [j ‘Di‘smissal not entered as requested forthe following reasons (specify): 7 a [:3 Attorney or party without attorney notified on (date). b.E Attorney or party without attorney not notified Filing party failed to provideD a copy to be conformed :3 means to return conformed copy Date: pied“ by ._ . .' DepUty I Page 1 of 2 Form Adoptedlor Mandate Use - - I C d fC' 'IP c d re, 581 else .;W REQUEST FOR DISMISSAL Gov. coda, gases°n§);°Ca.‘Y‘Ru.2’s§féou§. m.e3.1aso WWWVCOUITS. Ga.gOV Judicial Council of California CIV-1 1O [Rev‘ Jan. 1. 2013} I n-ddlnw'orix mmmmym; Fanowmu. r..,J.-,..-,.I runmmn ram." CIV-110 PLAINTIFF/PETITIONER: American Express National Bank, et a1. CASE NUMBER: DEFENDANT/RESPONDENT: Jiang Dianzhou, et a1. 21CV379861 COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS If a party whose coun fees and costs were initially waived has recovered 0r wil! recover $10,000 or more in value by way of settiement‘ compromise, arbitration award, mediation settlement. 0r 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- m not recovering anything 0f value by this action, b‘ E recovering less than $10,000 in value by this action. c. m recovering $10,000 or more in value by this action (Ifitem 2c is checked. item 3 must be completed.) 3. E] Ail court fees and court costs that were waived in this action have been paid to the court (check one): E: Yes [j N0 ‘ dedare under penalty 0f perjury under the laws of the State of California that the information above is true and correct NW Date; OCtOberf 5 , 2021 /"} Spencer Penuela, Esq. SBN: (324544) } (TYPE 0R PRINT NAME 0F ATTORNEYE PARTY MAKING DECLARATION) (S'GNATURE) CIV~1 1O {Revv January 1, 2013] REQUEST FOR DISMISSAL Page 20f2 Lexm‘JexI'sQi‘ Automated California Jmlz’cia} Conner! Forms