Request Dismissal

Cal. Super. - 6th Dist.April 27, 2021

21 CV380969 Santa Clara - Civil 5011 Dudley Blvd, Bldg 250, Bay G, McClellan, CA 95652 P.O. Box 13807 Sacramento, CA 95853 TELEPHONENO: (916) 920-2295 FAXNO.(0ptiona/): (916) 920-0682 E-MAIL ADDRESS (Optional): ATTORNEYFOR(Name): BANK OF AMERICA, N.A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREETADDRESS: 191 N. First Street MAILINGADDRESSI 191 N. First Street CITYANDZIPCODE: San Jose, CA 95113 BRANCHNAME: LIMITED CIVIL CASE PLAINTIFF/PETITIONER: BANK OF AMERICA, N.A. DEFENDANT/RESPONDENT: AVERI PAVESE, et al- ClV-1 fOMiller ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY JAMIE FORBES, SBN 249270 File No. 21-08240-0 _ _ GLORIA ZARCO, SBN 199702 Electronlcally Flled NELSON & KENNARD by Superior Court of CA, County of Santa Clara, on 2/8/2022 11:33 PM Reviewed By: F. Miller Case #21 CV380969 Envelope: 8248245 REQUEST FOR DISMISSAL CASE NUMBER: 2 l CV3 8 O 9 6 9 A conformed copy will not be returned by the clerk unless a method of return is provided with the document . 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 class 1. TO THE CLERK: Please dismiss this action as follows: a. (1) [ ] With prejudice (2)[X] Withoutprejudice b. (1) [ ] Complaint (2)[ ]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.) 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: February 4, 2022 p JAM I E FORBE S GLOR IA ZARCO (TYPE 0R PRINT NAME 0F [X ] ATTORNEY [ ] 0R 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. JFIL/J/Ajpxx7’fii/F x”- L221» v -r (SIGPAT E) Attorney or party without atto ey for: [ X ] Plaintiff/Petitioner [ ] Defendant/Respondent [ ] Cross-Complainant 3. TO THE CLERK: Consent to the above-dismissal is hereby given.** Date: > (TYPE OR PRINT NAME OF [ ]ATTORNEY [ ] OR PARTY WITHOUT ATTORNEY) ** If a cross-complaint -- or Response (Family Law) seeking affirmative sign this consent if required by Code of Civil Procedure section 581 (i) (SIGNATURE) Attorney or party without attorney for: relief-is on file. the attorney for the cross-complainant (respondent) must [ 1 plaintiff/petitioner [ ]Defendant/Respondent or (j). [ ] Cross-Complainant (T&e completed by clerk) 2/8/2022 11:33 PM 4. Dismissal entered as requested on (date): 5. [ ] Dismissal entered on (date): as to only (name): 6. [ ] Dismissal not entered as requested for the following reasons (specify): 7. [X ] a. Attorney or party without attorney notified on (date): 2/8/2022 11:33 PM b. Attorney or party without attorney not notified. Filing party failed to provide [ ]a copy to conform [ ] means to return confirmed copy F_ Miller Date: Clerk, by . Deputy 2/8/2022 11:33 PM Page 1 of2 Form Adopted for Mandatory Use Judicial Council of California CV-1 10 [Rev. Jan. 1, 2013] *21082400%D|S%PLEAD|NGS* REQUEST FOR DISMISSAL Code of Civil Procedure, § 581 e! seq. Gov. Code §68637(c); Cal. Rules of Court, rule 3.1390 www.courtinfo.ca.gov CIV-110 PLAINTIFF/PETITIONER: BANK OF AMERICA, N . A . CASE NUMBER: DEFENDANT/RESPONDENT: AVERI pAVESE, et al_ 21CV380969 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. [ ] A|| 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 0R PRINT NAME 0F [ 1ATTORNEY [ 1 PARTY MAKING DECLARATION) (SIGNATURE) CV-1 1O [Rev. January 1, 2013] REQUEST FOR DISMISSAL Page 2 of2 CIV-1 1 0 PLAINTIFF/PETITIONER: BANK OF AMERICA, N.A. CASE NUMBER: DEFENDANT/RESPONDENT: AVERI PAVESE, et al_ 21CV380969 PROOF OF SERVICE State of California ) County of Sacramento i 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 2/7/2022 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 2/7/2022 , at McClellan, County of Sacramento, California. Olga Parkhomovich Addressed and mailed to: D To CALL BACK W/ INFO I