Request Dismissal

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

21 CV381 074 Santa Clara - Civil CIV-1 1o ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address); FOR COURT USE ONLY F- Miller Jason W. Tang, SBN 314337 Thomas J. Sebourn, SBN 279272 Carina M. Jordan, SBN 302099 Erin E. Patterson, SBN 262285 Patrick J. Layman, SBN 59643 Nicholas J. Babilis, SBN 291676 . . Shane T. Wate, SBN 302738 EIE’Ctron'cally F'led SUTTELL & HAMMER, APC TELEPHONE No: (888) 788-8355 by Superior Court of CA, PIC Box 090006 BELLEVUE, WA 98009 FAX No. (Optional) (425) 453-3239 County of Santa Clara, FIIe No: 760406.001 2,1 5/2022 7_57 AMATTORNEY FOR (Name): Bank ofAmerica, N.A. 0n _ - I SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA RE'V'ewed By: F- Mme" STREET ADDRESS: 191 N. First Street Case #21 CV381 074 MAILING ADDRESS: 191 N. First Street Envelope: 8289263 CITY AND ZIP CODE: San Jose CA 95113 BRANCH NAME; PLAINTIFF: Bank of America, N.A. Defendant: Minh Le Sr REQUEST FOR DISMISSAL CASE NUMBER: 21CV381074 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) [ ] With prejudice (2) [X] Withoutprejudice b- (1)[ ] Complaint (2) [ ] Petition (3)[ ] Cross-complaintfiled by(name): on (date): (4)[ ] Cross-complaintfiled by(name): on (date): (5) [X] Entire action of all parties and all causes of action (6) [ ] Other (specify):* 2. (Complete in all cases except family law cases.) 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 court fees and costs were waived, the declaration on the back of this form must be completed). Dated January 28, 2022 ( )Nicholas J. Babilis, SBN 291676 ( )Carina M. Jordan, SBN 302099 fl”71/ ( )Patrick J. Layman, SBN 59643 ( )Thomas J. Seboum, SBN 279272 , é’ ‘ ( )Erin E. Patterson, SBN 262285 ( XJason W. Tang, SBN 314337 } Cl/fiw ( )Shane T. Wate, SBN 302738 / Q"/ (SIGNATURE) *If dismissal requested is of specified parties only of specified causes of action only, or of Attorney or party W'thOUt attorney for: specified cross-complaints only, so state and identify the parties, causes of action, or cross- - - - - complaints to be dismissed [X] PlaIntIfi/Petltloner [ ] Defendant/Respondent (TYPE OR PRINT NAME OF [X] A'ITORNEY [ ] PARTY WITHOUT ATTORNEY) [ ] Cross-Complainant 3. TO THE CLERK: Consent to the above dismissal is hereby given.“ Date: (TYPE 0R PRINT NAME 0F [ ] ATTORNEY [ ] PARTY WITHOUT ATTORNEY) (S'GNATURE) ** If a cross-corfnplaint - or Response (Family Law) seeking affirmative relieff - is on file, Attorney 0r party WithOUt attorney for: the attorne orcross-complainant respondent mustsi nthis consenti required b . . .. Code of Chyllil Procedure section 58(1 (i) or (j). ) g y [ ] Pla'nt'fi/Pet't'oner [ ] Defendant/Respondent [ ] Cross-Complainant (To be completed by clerk) 4. [X] Dismissal entered as requested on (date): 2/15/2022 7:57 AM 5 [ ] Dismissal entered on (date): as t0 only (name): 6. [ ] Dismissal not entered as requested for the following reasons (specify): 7. a. [X] Attorney or party without attorney notified on (date): 2/15/2022 7:57 AM b. [ ] Attorney or party without attorney not notified. Filing party failed to provide [ ] a copy to be conformed [ ] means to return conformed copy Date: F. M'II Clerk, by I er , Deputy 2/1 5/2022 7:57 AM Page 1 of2 Form Adopted for Mandatory Use Code 0f Civil Procedure, § 581 et seq. Judicial Council ofCalifornia REQUEST FOR DISMISSAL Gov. Code, § 68637(c); Cal. Rules ofCourt, rule 3.1390 CIV-l 10 [Rev. Jan. 1, 2013] www.caurtsra‘gav ClV-110 PLAINTIFF: Bank of America, N.A. CASE NUMBER: Defendant: Minh Le Sr 21CV381074 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. [ ] not recovering anything of value by this action. b. [ ] recovering less than $10,000 in value by this action. c. [ ] 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 court 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. Dated: (TYPE OR PRINT NAME OF [ ] ATTORNEY [ ] PARTY MAKING DECLARATION) (SIGNATURE) Page 2 of2 Form Adopted for Mandatory Use RE Code of Civil Procedure, § 581 et seq. Judicial Council ofCalifornia QUEST FOR DISMISSAL Gov. Code, § 68637(c); Cal. Rules 0fCourt, rule 3.1390 CIV-l 10 [Rev. Jan. 1, 2013] WWW. COurtS. CLLgOV PROOF OF SERVICE STATE OF Washington, COUNTY OF King} ss. I am a resident of the United States and employed in the County of King, Washington; I am over the age of 18 years and not a party to the within entitled action; my business address is PO Box C-90006, Bellevue WA 98009. On 02/14/2022 , I served the foregoing document, described as REQUEST FOR DISMISSAL on the interested parties to said action by the following means: (By Mail): By placing a true copy thereof, enclosed in a sealed envelope With postage thereon fully prepaid, for collection and mailing 0n that date following ordinary business practices, in the United States Mail at the offices 0f SUTTELL & HAMMER, addressed as shown below. I am readily familiar with this business's practice for collection and processing 0f correspondence for mailing with the U.S. Postal Service, and in the ordinary course 0f business correspondence would be deposited with the U.S. Postal Service the same day it was placed for collection and processing. (By Mail): By placing a true copy thereof, enclosed in a sealed envelope With postage thereon fully prepaid, in the United States Mail at Bellevue, Washington, addressed as shown below. (By Hand Delivery): By causing a true copy thereof, enclosed in a sealed envelope, to be delivered by hand to the addresses shown below. (By Personal Service): By personally delivering a true copy thereof, enclosed in a sealed envelope, to the addresses shown below. (By Overnight Delivery): By placing a true copy thereof, enclosed in a sealed envelope, With delivery charges prepaid, t0 be sent by , addressed as shown below. (By Facsimile Transmission): By transmitting a true copy thereofby facsimile transmission from facsimile number , t0 the interested parties to said action; the transmission was reported as complete and Without error, and a copy 0f the transmission report, Which was properly issued by the transmitting facsimile machine, is attached hereto and incorporated herein by reference. Said documents were transmitted t0 the interested parties as shown below at a.m./p.m. I declare under penalty 0f perjury under the laws 0f the State 0f California that the foregoing is true and correct. 02/14/2022 Executed 0n , at Bellevue, King, Washington. [X] Legal Assistan ( ) KIiStin NeWton I ( ) sum“ DeRosa ( ) Alexia Nono ( ) Patty Canapi ( ) Phillip E- Gendro ( ) ViCtOfia Wheeler ( ) Daniela Olvera -Sanchez ( ) Jacob Batts ( ) Christian Obando ( ) Jana Macklin ( ) Jasmine Lee ( )KC Gidewall ( )Jyoti Cossette ( XMonica Brodhacker ( ) Aqdal' Awadh ( ) COdy Baker ( ) Angelo Tadrous ( ) Dania Bankesly ( ) Mariceo Pipkin ( ) Cassandra Bachrach ( )Xenia Chiles ( )Mia Altieri ( )Laura Sorton ( ) Kate McReynolds ( ) Fritz Velasco NAME AND ADDRESS OF EACH PERSON SERVED: Minh Le Sr 1529 Calaveras Ave Apt 9 San Jose CA 95126