Request Dismissal

Cal. Super. - 6th Dist.March 22, 2021

21 CV380978 Santa Clara - Civil Clv_1 1 o ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): R Ng uyenFOR COURT USE ONLY ' CDLG, PC; Tony Cara, Esq. SBN 170720 2973 Harbor Blvd, Suite 594, Costa Mesa, CA 92626 . . TELEPHoNE No: 888-61 5-6765 FAXNQ (Optmnag: 888-660-8874 EIGCtmn'FaI'y F'Ied E-MAILADDRESS (Optional): cdlglawyer@gmail.com by SUPerlor court 0f CA, ATTORNEY FOR(Name): plaintiff Gustavo Jimenez county Of santa Clara, SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara 0n 5_/1 3/2021 10:43 AM STREET ADDRESS: 191 North First Street ReVIewed By: R. Nguyen MAILING ADDRESS: case #21 CV380978 CITY AND ZIP CODE: san Jose 951 13 Envelope: 6437394 BRANCH NAME; Downtown Superior Court PLAINTIFF/PETITIONER: Gustavo Jimenez; et al. DEFENDANT/RESPONDENT: New Penn Financial, LLC; et al. REQUEST FOR DISMISSAL CASE NUMBER: 21 CV380978 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) Without prejudice b. (1) Complaint (2)E Petition (3)E Cross-complaint filed by (name): on (date): (4)E Cross-complaint filed by (name): on (date): (5)E Entire action of all parties and all causes of action (6) Other (specify):* NEW PENN FINANCIAL LLC, D.B.A. SHELLPOINT MORTGAGE SERVICING 2. (Complete in all cases except family law cases.) The court E did 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 must be completed). Date; May 13, 2021 .Tony.Cara,.Esq. .............................. ’ /”’“/lW (TYPE OR PRINT NAME OF ATTORNEY E PARTY WITHOUT ATTORNEY) (SIGNATURE) *lf dismissal rquested is of specified parties only of specified causes of action Attorney 0r party WithOUt attorney for: zgkgezrsffsceafif'i‘:csggims Aagiocaflfiisinfisiéfié and dent'fy PIaintifi/Petitioner E Defendant/RespondentE Cross-Complainant 3. TO THE CLERK: Consent to the above dismissal is hereby given.** Date: ’ (TYPE OR PRINT NAME OF E ATTORNEYE PARTY WITHOUT ATTORNEY) (SIGNATURE) ** If a cross-complaint - or Response (Family Law) seeking affirmative Attorney 0r party Without attorney for: I' f-' fl h f - I ' $92? m£632s'eeattif?eith?52§£y°&33°esif°8{3i?3L2:233S§22€§22£”§§ E PIaintifi/Petitioner E Defendant/Respondent °r (D' E Cross-Complainant (To be completed by clerk) 4. Dismissal entered as requested on (date): 5/13/2021 10:43 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): 5/13/2021 10:43 AM b. E Attorney or party without attorney not notified. Filing party failed to provideE a copy to be conformed E means to return conformed copy R. N u en Date; 5/13/2021 10:43 AM Clerk, by g y , Deputy Page 1 of2 FOSTd'iAcfglpéegufirimigialitfgzuigse REQUEST FOR DISMISSAL Gov. Code, § 686%??5)?fcgliygzfireoscggtér§ur§tSrfil1eest.1sggo ClV-1 10 [Rev. Jan. 1, 2013] www.courts.ca.gov CIV-1 1 0 PLAINTIFF/PETITIONERI Gustavo Jimenez; et al. CASE NUMBER: DEFENDANT/RESPONDENT: New Penn Financial, LLC; et al. 21CV380978 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 court fees and costs in this action for (name): 2. The person named in item 1 is (check one below): a- E not recovering anything of value by this action. b. E recovering less than $10,000 in value by this action. c. E recovering $10,000 or more in value by this action. (Ifitem 20 is checked, item 3 must be completed.) 3.E AII 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 of the State of California that the information above is true and correct. Date: b (TYPE 0R PRINT NAME 0FE ATTORNEYE PARTY MAKING DECLARATION) (S'GNATURE) CIV-1 10 [Rev. January 1, 2013] REQUEST FOR DISMISSAL Page 2 of 2 \OOONONUl-bUJNr-t NNNNNNNNNr-Hr-Hr-Hr-Hr-AH OONONM-PUJNF-‘OCOONONM-PWNF-‘O PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the County 0f Orange, State 0f California. I am over the age 0f 18 and not a party t0 the Within action. My business address is: 1503 South Coast Drive#100B, Costa Mesa, CA 92626. On the date set forth below, I served the following document described as: REQUEST FOR DISMISSAL 0n all interested parties in this action by placing [X] a true copy [ ] the original thereof enclosed in sealed envelopes addressed as follows: NAME & ADDRESS OF PHONE NUMBER ATTORNEY FOR ATTORNEY Klinedinst Attorneys Defendants 801 K Street, Ste. 2100 Sacramento, CA 95814 [ ] (BY FACSIMILE) the facsimile machine I used complied with Rule 2003(3) and no error was reported by the machine. Pursuant t0 Rule 2008(6) (4), I caused the machine t0 print a record 0f the transaction. [X] (BY MAIL, 1013a, 2015.5 C.C.P.) [ ] I deposited such envelope in the mail at Irvine, California. The envelope was mailed With postage thereon fully prepaid. [X] I am readily familiar with the film’s practice for collection and processing correspondence for mailing. Under that practice, this document will be deposited With the U.S. Postal Service on this date with postage thereon fully prepaid at Costa Mesa, California in the ordinary course of business. I am aware that on motion 0f the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date 0f deposit for mailing in affidavit. [X] (STATE) I declare under penalty 0f perjury under the laws 0f the State of California that the above is true and correct. [ ] (FEDERAL) I declare that I am employed in the office of a member of the bar 0f this court at Whose direction the service was made. AMANDA RUIZ Executed on May 13, 2021 , in Costa Mesa, California, 1 PROOF OF SERVICE