Request Dismissal

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

21 CV38097O Santa Clara - Civil CIV-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): LAWGFICESG PATBiAle& FEJX, AP.C.WA PateraJde (#128855)/ Sepia‘ieJ. Boone (#160182)/Arg'e I-br‘g |-ba(#212152) DeanKmhaazw H496493)/Cadyn s Eliott (#635870)/ Kadm D. Byron (#633158) 9619 Gmapeake Drive, SJite 300, San Diego, CA92123 TELEPHONE No.: (858) 244-7600 FAX No. (Optional): (858) 836-03 1 8 E-MAILADDRESS (Optional); Angie.Hoar@pandf.us 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/PETITIONERI TD BANK USA, N.A., AS SUCCESSOR IN INTEREST TO TARGET NATIONAL BANK DEFENDANT/RESPONDENTI JOYCEA WYATT, FOR COURT USE ONLY Electronically Filed by Superior Court of CA, County of Santa Clara, on 9/7/2021 12:00 AM Reviewed By: F. Miller Case #21 CV380970 Envelope: 7208249 F. Miller REQUEST FOR DISMISSAL CASE NUMBER: 21 CV380970 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) X With prejudice (2) D Withoutprejudice b. (1) D Complaint (2) D Petition (3) D Cross-complaintfiled by (name): (4) D Cross-complaintfiled by (name): (5) X Entire action of all parties and all causes of action (6) D Other(specify):* 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: August26,2021 [ ]STEPHANIEJ. BOONE [X] ANGIE HONG HOAR W[ ] KADEN D. BYRON [ ] CAROLYN S. ELLIOTT > (TYPE OR PRINT NAME OFE ATTORNEYD PARTYWITHOUT ATTORNEY) * . . . . . . . (SIGNATURE) If dismissal requested Is of specnfied parties only, of specnfied causes of action only, _ or of specified cross-complaints only, so state and identify the parties, causes of Attorney 0r party Wlthout aflomey for: PLAINTIFF action, or cross-complaints to be dismissed. X 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 sign this consent if required by Code of Civil Procedure section 581(i) D PIaintiff/Petitioneror (j). D Cross-complainant (To be completed by clerk) 4. E Dismissal entered as requested on (date): 9/7/2021 12:00 AM 5. D Dismissal entered on (date): as to only (name): 6. D Dismissal not entered as requested for the following reasons (specify): 7. E a. Attorney or party without attorney notified on (date): 9/7/2021 12:00 AM b. Attorney or party without attorney not notified. Filing party failed to provide (SIGNATURE) Attorney or party without attorney for: D Defendant/Respondent D a copy to conform D means to return conformed copy /S/ F. Miller Date: Clerk, by . Deputy 9/7/2021 12:00 AM Fag“ on Clerk of Court 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-43L Dismissal Gov. Code, § 68637(c) Cal. Rules of Court, rule 3.1390 www.coun‘s.ca.gov P&F File N0. 20-3226 CIV-110 PLAINTIFF/PETITIONER: TD BANK USA, N.A., As SUCCESSOR IN INTEREST T0 CASE NUMBER: TARGET NATIONAL BANK 2 1CV380970 DEFENDANT/RESPONDENT: JOYCEA WYATT, 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 20 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: August26,2021 [ ]STEPHAN1EJ. BOONE [X]ANG1E HONG HOAR [ ] KADEN D. BYRON [ ] CAROLYN S. ELLIOTT (TYPE OR PRINT NAME OFg 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-43L Dismissal P&F File N0. 20-3226