Request Dismissal

Cal. Super. - 6th Dist.April 28, 2021

FAX NO fopfcdai) 408-362-2299 ATTORNEY OR PARTY wIIHOUT ATTORNEY INJm 'iafe Barn mbec sdd-ddressi Hunt 8 Hennques, Attorneys at Law Donald Shernll ¹266038 l l Donald Shernll ¹266038 7017 Realm Dr, San Jose CA 95119 IELEPHONE NO 800-680 2426 F MAiL ADDRESS fopddcca mfa hunthenriques Cam ATTORNEY FOR INA ei Plaintiff FOR COURT USE ONLY CIV-110 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA sTREETADDREss 191 North First Street MAILING ADDRESS clTY AND 2IP coDE San Jose CA 951 I 3 BRANGH NAME Downtown Superior CDUIt Pl AINTIFF/PETITIONER CaPitaf One Bank (USA), N A DEFENDANT/RESPONDENT NICHOLAS J ABREGO REQUEST FOR DISMISSAL CASE NUMBER 21CV381102 r 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. TD THE CLERK Please dismiss this action as follows a (1) ~ With prejudice (2) ~X Without pre)udice b (1) ~X Complaint (2) ~ Petition (3) ~ Cross-complaint filed by (name) (4) ~ Cross-complaint filed by (name): (5) MX Entire action of all parties and aff causes of action (6) ~ Other (spec(fy) * on (dete) on (date). 2 (Comp/e/e in a// cases except family law cases.) The court ~ drd ~x did not waive court fees and costs for a party in this case. (This Informa/ron mey be ob/ained from the c/erk lf court fees and coals were warped, the declaration on the back of this form must be comp/e/ed) Date September 2, 2021 Donald Sherng f266038 (TYPE DR PRINT NAMF QF ~X ATTQRNEY ~ PARTY wuHDUTATIDRNEYI (SIGNATURE) 'Ifdismissairequesied is of speafied parties only ofspeafiedcausesofaaion Attorney of'party without attorney far only, orofspeafied cross complainis only so state and identify the panies causes of action or cross compiainis to be dismissed ~X Plaintiff/Petitioner M Defendant/Respondent Cross-Complainant 3. TO THE CLERK: Consent to the above dismissal is hereby given.* Date I I YPE OR PRINT NAME OF j ATTORNEY ~ PARTY NIITIIOUT ATTORNEY) "If a cross compiaini - or Response (Family Lsvv) seeking affirmative relief - is on file the attorney for cross-complamt tresponiient) must sign this consent if required by Code of Civil Procedure section 581 ti) o'I) (To be completed by c/erk) 4 ~Dismissal entered as requested on (date). (SIGNATURE! Attorney or party without attorney for Plaintiff/Petitioner ~ Defendant/Respondent Cross-Complainant 5 'ismissal entered on (date) as to only (name). 6 M Dismissal not entered as requested for the following reasons (specify). 7 a J Attorney or party without attorney notified on (da/e) b 'ttorney or party without attorney not notified Fihng party failed to provide ~~ a copy to be conformed I ) means to return conformed copy Date Fc Adopted fc Ma daic y se CIV 118 [R 3- 1 2 '3) DD0002CU Clerk, by REQUEST FOR DISMISSAL III Illllillilllljlllll IIIIIIII , Deputy Page1 fg C d IC IPrcced e 5581eiseq Cd Code 5 8537(, C i R ' ICP I Ie3138C gd 1453839 001 Electronically Filed by Superior Court of CA, County of Santa Clara, on 9/7/2021 11:16 AM Reviewed By: Tunisia Turner Case #21CV381102 Envelope: 7212101 21CV381102 Santa Clara - Civil Tunisia Turner 9/7/2021 11:16 AM 9/7/2021 11:16 AM X 9/7/2021 11:16 AM Tunisia Turner X PLAINTIFFIPE! ITIDNER Caaiiai One Bank IUSA) N A DEFENDANT/RESPONDENT, NICHOLAS J ABREGO 21CV381102 CIV-110 COUKTaS RECOVERY OF 'vVAIVED COURT FEES AND COSTS N„„,a,iaf N 1 „,, M 0,,„, „, Nl „N „,ia „eaAAAAv ''y ""'' '''' "' """ "y "" more in value by way of settlement, compromise, arbitration award, mediation settlement, or other means, the court has a statutory ben on that recovery. The court may refuse to dismiss the case until the lien is satisfied (Gov Code, g 68637 ) Declaration Concernino Waived Court Fees 1 The court waived court fees and costs in this action for (name). 2. The persor, named in item 1 is (check one be/ow!. a. M not recovering anything of value by this action b. ~ recovenng less than $ 10,000 in value by this action c. ~ recovering $10,000 or more in value by this action ()(item 2c is checked, item 3 must be comp)eted) 3. ~ All court fees and court costs that were waived in this action have been paid to the court (check one). Yes ~ No I declare under penalty of perjury under the laws of ihe State oi California that the information above is true and correct Date: )TYPE OR PRINT NAME OF ~ ATTORNEY ~ PARTY MAKING OECLARATION) (SIGNATURE) CIV110 IRe Jaa ar I 2013] DD0002CO REQUEST FOR DISMISSAL Paa 2 12 )453839 001