Request Dismissal

Cal. Super. - 6th Dist.April 26, 2021

21 CV380935 Santa Clara - Civil CIv-1 1 o ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY A. Villa!” LAWOFFICES 0F PATENAUDE& FELIX, AP.c.WA Patmane(#128855)/SteptmeJ. Boore(#160182) . . DemWaaz(#PL496493)/Cadyn s EIidt(#335870)/mdm D. Byrmenesmss) E'eCtroanally Fl'ed 961gcrmapeake Dn've, Suitesoo, SanDiego, CA92123 by Superior Court of CA, TELEPHONE No.: (858) 244-7600 FAX No. (Optional): (858) 836-03 1 8 E-MAIL ADDRESS (Optional).- ATTORNEY FOR (Name): PLAINTIFF SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 NO. FIRST STREET MAILING ADDRESS: 191 NO. FIRST STREET CITY AND ZIP CODE: SAN JOSE CA 95113 BRANCH NAME: SANTA CLARA CIVIL DIVISION PLAINTIFF/PETITIONER: TD BANK USA, N.A. DEFENDANT/RESPONDENTI SUSAN J CELERI, County of Santa Clara, on 11/1/2021 1:09 PM Reviewed By: A. Villanueva Case #21 CV380935 Envelope: 7576481 REQUEST FOR DISMISSAL CASE NUMBER: 21 CV380935 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) X Withoutprejudice b. (1) D Complaint (2) D Petition (3) D Cross-complaintfiled by (name): (4) D Cross-complaintfiled by (name): (5) D Entire action of all parties and all causes of action (6) g Other (specify):* As To DOES 1 THROUGH 15, INCLUSIVE ONLY. 2. (Complete in all cases except family law cases.) on (date): on (date): The court D did g did not waive court fees and cost for a party in this case. (This information may be obtained from the clerk. If court fees and cost were waived, the declaration on the back of this form must be completed). Date: October 19, 2021 WW[ ] CAROLYN S. ELLIOTT [X] KADEN D. BYRON > (TYPE OR PRINT NAME OFE A'I'I'ORNEYD PARTYWITHOUT A'I'I'ORNEY) (S|GNATURE) *lfdismissal requested is of specified parties only, of specified causes of action only, Attorney 0r party Without attorney for: PLAINTIFF or of specified cross-complaints only, so state and identify the parties, causes of action, or cross-complaints to be dismissed. g PIaintiff/Petitioner D Cross-complainant D Defendant/Respondent 3. TO THE CLERK: Consent to the above dismissal is hereby given.** Date: V (TYPE OR PRINT NAME OFD A'I'I'ORNEYD PARTY WITHOUT A'I'I'ORNEY) ** If a cross-complaint-or Response (Family Law) seeking affirmative relief-is on file, the attorney for cross-complainant (respondent) must or (j). D Cross-complainant (To be completed by clerk) 4. Q Dismissal entered as requested on (date):11/1/2021 1:09 PM . D Dismissal entered on (date): as to only (name):5 6. D Dismissal not entered as requested for the following reasons (specify): 7. a. Attorney or party without attorney notified on (date): 11/1/2021 1:09 PM b. Attorney or party without attorney not notified. Filing party failed to provide D a copy to conform D means to return conformed copy (SIGNATURE) Attorney or party without attorney for: sign this consent if required by Code of Civil Procedure section 581(i) D PIaintiff/Petitioner D Defendant/Respondent Date: 11/1/2021 1:09 PM Clerk, bYA Minanupva . Deputy Page 1 of 2 Form Adopted for Mandatory Use REQUEST FOR DISMISSAL Code of Civil Procedure, § 581 et seq.; Judicial Council of California CIV-1 10 [Rev. Jan. 1, 2013] CA-43 Dismissal Gov. Code, § 68637(c) Cal. Rules of Court, rule 3.1390 P&F File N0. 20-9049 www. coun‘s. ca.gov ueva CIV-110 CASE NUMBER: PLAINTIFF/PETITIONER: TD BANK USA, N.A. 21CV380935 DEFENDANT/RESPONDENT: SUSAN] CELERI, 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's 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 cost in this action for (name): 2. The person in item 1 (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 $1 0,000 or more in value by this action. (if item 2c is checked, item 3 must be completed.) 3. D A|| court fees and costs that were waived in this action have been paid to the court (check one): D Yes D 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 OFD ATTORNEYD PARTY MAKING DECLARATION) (SIGNATURE ) Page 2 of 2 Form Adopted for Mandatory Use Code of Civil Procedure, § 581 et seq.; Judicial Council of California REQUEST FOR DISMISSAL Gov. Code, § 68637(c) Cal. Rules of Court, rule 3.1390 ClV-1 10 [Rev. Jan. 1, 2013] www.coun‘s.ca.gov CA-43 Dismissal P&F File N0. 20-9049