Request Dismissal

Cal. Super. - 6th Dist.April 23, 2021

DocuSign Envelope ID: 76F5304E-2A2A4712-BB7F-EDQ1ZDA50441 21CV380888 Santa Clara - Civil Clv_11o F. Miller ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Sfafeflarnumber, amj addness) FLINT C. ZIDE (SBN 160369) fORCOURTUSIEONLY JACOB P . WILSON (SBN 331448) EIectronlcaIIy Flled LAW OFFICE OF HARRIS AND ZIDE . 1445 HTLEJLNEEEONNEEQNWDgng #8340494 SOUTH PASADENA, CA 91030 by Superlor Court Of CA, ' _ _ FAX NO (Optionafl' 2 -7 _ 41 E-MAwL ADDREsswpn'onaJ). 6 6 99 8 9 county Of santa Clara: ATTORNEY FOR (Name). pLAINTIFF 0n 10/25/2021 11.16 AM SUPERIORcounT 0F CALIFORNIA,COUNTY 0F SANTA CLARA Rev'ewed By: F' M'Her STREET ADDRESS: l 91 NORTH lST STREET case #21CV380888 MAIL ING ADDRESS: Envelope: 7528612 CITYANDZIPCODE SAN JOSE CA 95113 BRANCHNAME SAN JOSE COURTHOUSE PLAINTIFF/PETITIONER: Bank of America, N.A. DEFENDANT/RESPONDENT: MARY ANN L BIRALDE REQUEST FOR DISMISSAL CASE NUMBER 2 l CV3 8 O 8 8 8 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)E With prejudice (2) E \Mthout prejudice b. (1)E Complaint (2) E Petition (3)E Cross-complaint filed by (name): on (date): (4)E Cross-complaint filed by (name): on (date): (5)m Entire action of all parties and all causes of action (6)E Other (specify);* 2. (Complete in all cases except family law cases.) The court E did m did not waive court fees and costs for a party in this case. (This information may be obtained from the clerk. If court fees and costs were waived, the declaration on the back of this form mu. DocuSigned by: Date:October 20, 2021 ’ . .FLINT. .C : . ZIDE........................ [ 08746D55DB42493‘“ (TYPE 0R PRINT NAME 0F m ATTORNEY E PARTY waHOUT ATTORNEY) (sxeNATURE) *If dismissal requested is of specified parties only of specified causes of action Attorney or party WlthOUt attorney for: only, or of spemfied cross-com laints only, so state and idenfify the parties, causes of action, or cross-comp aints to be dismissed. m Plaintifilpetitioner E DefendanURespondentE Cross-Complainant 3. T0 THE CLERK: Consent to the above dismissal is hereby given.“ (TYPE OR PRINT NAME OF E ATTORNEYE PARTY W‘THOUT ATTORNEY) Date: ’ H If a cross-complaint - or Response (Family Law) seeking affirmative Attorney 0r party Without attorney for: relief- is on file, the attorney for cross-complainant (respondent) must sign this consent ifrequired by Code of Civil Procedure section 581 (i) E PIaintif‘f/Petitioner E Defendanthespondent”m E Cross-Complainant (sxeNATURE) (To be completed by clerk) 4. E Dismissal entered as requested on (date): 10/25/2021 11:16 AM 5 E Dismissal entered on (date): as to only (name): 6. E Dismissal not entered as requested for the following reasons (specify): 7. a. Attorney or party without attorney notified on (date): 10/25/2021 11516 AM b. E Attorney or party without attorney not notified. Filing party failed to provide a copy to be conformed E means to return conformed copy F. Miller . Clerk, by V DeputyDate“ 10/25/2021 11:16 AM Page1 of 2 Form Adopted for Mandatory Use Code 0f CNN Procedure‘ § 581 et seq ; Judidal Council or California REQUEST FOR DISMISSAL Gov Code‘ § 68637(c); Cal. Rules or Court rwe 3 1390 CW7110 [Rev Jan 1‘ 2013] www commas gov TAO 4 5 1 5 4 DocuSign Envelope ID: 76F53C4E-2A2A-4712-BB7F-ED912DA50441 ClV-1 10 PLAINTIFFIPETITIONER: Bank of America, N.A. CASE NUMBER; DEFENDANT/RESPONDENT: MARY ANN L BIRALDE 21CV380888 COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS If a party Whose court fees and costs were initially waived has recovered 0r Will recover $10,000 0r 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 t0 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): 3- E not recovering anything of value by this action. b. E recovering less than $10,000 in value by this action. C. E recovering $1 0,000 or more in value by this action. (lfitem 20 is checked, item 3 must be completed.) 3.E All court fees and court costs that were waived in this action have been paid to the court (check one): E Yes E N0 | declare under penalty of perjury under the laws 0f the State of California that the information above is true and correct. Date: (TYPE 0R PRINT NAME 0FE ATTORNEYE PARTY MAKING DECLARATION) (S'GNATURE) CIV-1 1 U [Rev January ’l. 2013] REQUEST FOR DISMISSAL Pagez of2