Request DismissalCal. Super. - 6th Dist.March 25, 2021CIV-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address).(SBN: 90912) Jessie Serna, Esq. 1585 The Alameda, Suite 100, San Jose, CA 95126 TELEPHONE NO.: (408) 294-9002 FAX NO. (Optional): (408) 294-5827 E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): Plaintiff FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 North First Street MAILING ADDRESS: CITY AND ZIP CODE: San Jose, CA 95113 BRANCH NAME: PLAINTIFF/PETITIONER: ROY ROCHA DEFENDANT/RESPONDENT: JESSE HERRERA REQUEST FOR DISMISSAL CASE NUMBER: 21CV381130 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) F7 With prejudice (2) F --1 Without prejudice b. (1) Complaint (2) Petition (3) FT Cross-complaint filed by (name): (4) Cross-complaint filed by (name): (5) ✓ Entire action of all parties and all causes of action (6) Other (specify):* Each party to bear their own fees and costs. on (date): on (date): 2. (Complete in all cases except family law cases.) The court did ✓ did not waive court fees and costs for a party in this case. (This information m obtained from the clerk. If cou fees and costs were waived, the declaration on the orm must be completed, Date: November\9 2021 JMIE 5E)ZNA (TYPE OR PRINT NAME OF = ATTORNEY n 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. (SIGNATURE) Attorney or party without attorney for: I- 1 Plaintiff/Petitioner Defendant/Respondent Cross-Complainant 3. TO THE CLERK: Consent to the above dismissal is hereby given.** Date: (TYPE OR PRINT NAME OF I ATTORNEY PARTY WITHOUT ATTORNEY) ** 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) or (j). (SIGNATURE) Attorney or party without attorney for: I- 1 Plaintiff/Petitioner nl Cross-Complainant Defendant/Respondent (To be completed by clerk) 4. FT Dismissal entered as requested on (date): 5 Dismissal entered on (date): 6. as to only (name): Dismissal not entered as requested for the following reasons (specify): 7. a. 0 Attorney or party without attorney notified on (date): b. n Attorney or party without attorney not notified. Filing party failed to provide a copy to be conformed means to return conformed copy Date: Clerk, by , Deputy Page 1 of 2 Form Adopted for Mandatory Use Judicial Council of California CIV-110 [Rev. Jan. 1, 2013] REQUEST FOR DISMISSAL Code of Civil Procedure, § 581 et seq.; Gov. Code, § 68637(c); Cal. Rules of Court, rule 3.1390 www.courts.ca.gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 12/21/2021 1:02 PM Reviewed By: F. Miller Case #21CV381130 Envelope: 7909927 21CV381130 Santa Clara - Civil F. Miller 12/21/2021 1:02 PM 12/21/2021 1:02 PM X 12/21/2021 1:02 PM F. Miller X CIV-110 PLAINTIFF/PETITIONER: ROY ROCHA DEFENDANT/RESPONDENT: JESSE HERRERA CASE NUMBER: 21CV381130 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. 0 recovering $10,000 or more in value by this action. (If item 2c is checked, item 3 must be completed.) 3. All court fees and court costs that were waived in this action have been paid to the court (check one): n Yes ni No I declare under penalty of perjury under the laws of the State of California that the information above is true and correct. Date: (TYPE OR PRINT NAME OF ATTORNEY PARTY MAKING DECLARATION) (SIGNATURE) CIV-110 (Rev. January 1, 2013] REQUEST FOR DISMISSAL Page 2 of 2