Request Dismissal Entire Action Without Prejudice

Cal. Super. - 6th Dist.May 3, 2021

CIV-1 1 0 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY KRISTEN DEAN, SBN 321178 File No. 21-09803-0 _ _ NELSON & KENNARD Electronlcally Flled 5011 Dudley Blvd, Bldg 250, Bay G, McClellan, CA 95652 by Superior Court of CA, P.O. BOX 13807 Sacramento, CA 95853 County of Santa Clara, TELEPHONENO: (916) 920-2295 FAXNo. (Optional): (916) 920-0682 on 10/28/2021 12:54 AM E-MAIL ADDRESS (Optional).- . AfiORNEYFom/vame); CAPITAL ONE BANK (USA) , N.A. ReVlewed By: K. Nguyen SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA case #21cv381215 STREETADDREss: 191 N. First Street Envelope: 7553253 MAILINGADDRESS: 191 N. First Street CITYANDZIPCODE: San Jose, CA 95113 BRANCH NAME? LIMITED CIVIL CASE PLAINTIFF/PETITIONERI CAPITAL ONE BANK (USA), N.A. DEFENDANT/RESPONDENT: TOOUTA A MALETINO FAGA, et al. CASE NUMBER: REQUEST FOR DISMISSAL 2lCV381215 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-complaint filed 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 the court fees and costs were waived; the declaration on the back of this form must be completed). Date; October25,2021 wKRISTEN DEAN y (TYPE 0R PRINT NAME OF [X ] ATTORNEY [ ] OR PARTY WITHOUT ATrORNEY) (SIGNATURE) * If dismissal requested is of specified parties only of specified causes of action Attorney or party without attorney for: only, or of specified cross-complaints only, so state and identify the parties, [ X ] p|aintiff/petitioner [ ] Defendant/Respondent causes of action, or cross-complaints to be dismissed. I [ ] Cross-Complalnant 3. TO THE CLERK: Consent to the above-dismissal is hereby given.** Date: > (TYPE 0R PRINT NAME 0F [ ]ATTORNEY [ 1 0R PARTY WITHOUT ATrORNEY) (SIGNATURE) ** If a cross-complaint -- or Response (Family Law) seeking affirmative Attorney or party without attorney for; relief-is on file, the attorney for the cross-complainant (respondent) must [ ] plaintifi/petitioner [ ] Defendant/Respondent sign this consent if required by Code of Civil Procedure section 581 (i) or (j). [ ] Cross-Complainant (To be completed by clerk) 4. [X] Dismissal entered as requested on (date): 10/28/2021 12:54 AM 5. [ ] Dismissal entered on (date): as to only (name): 6. [ ] Dismissal not entered as requested for the following reasons (specify): 7. [X] a. Attorney or party without attorney notified on (date): 10/28/2021 1 2:54 AM b. Attorney or party without attorney not notified. Filing party failed to provide [ ]a copy to conform [ ] means to return confirmed copy Date: 10/28/2021 12:54 AM Clerk, by K. Nguyen , Deputy Page 1 of2 Form Adopted for Mandatory Use REQUEST FOR DISMISSAL Code of Civil Procedure, § 581 et seq. Judicial Council of California Gov. Code §68637(c); Cal. Rules of Court, rule 3.1390 CV-1 10 [Rev. Jan. 1, 201 3] www. couninfo. ca.gov |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| CIV-110 PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CAPITAL ONE BANK (USA), N.A. TOOUTA A MALETINO FAGA, et al. CASE NUMBER: 21CV381215 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 fees and costs in this action for (name): 2. The person in item 1 (check one below): a. [ ] is not recovering anything of value by this action. b. [ ] is recovering less than $10,000 in value by this action. c. [ ] is 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 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. Date: (TYPE OR PRINT NAME OF [ ]ATTORNEY [ ] PARTY MAKING DECLARATION) (SIGNATURE) CV-1 1O [Rev. January 1, 2013] REQUEST FOR DISMISSAL Page 2 of 2 CIV-1 1 0 PLNNHFHPEHHONER: CAPITAL ONE BANK (USA), N.A. CASENUMBER DEFENDANWRESPONDENP TOOUTA A MALETINO FAGA, et a1. 21CV381215 PROOF OF SERVICE State of California ) County of Sacramento i I am an employee in the County aforesaid; I am over the age of eighteen years and not a party to the within entitled action; my business address is 5011 Dudley Blvd, Bldg 250, Bay G, McClellan, California 95652. On 10/27/2021 , I served the within documents: REQUEST FOR DISMISSAL on the parties listed below in said action by placing a true and correct copy thereof enclosed in a sealed envelope with postage thereon fully prepaid in the United States mail at Sacramento, California, addressed as set forth below. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on 10/27/2021 , at McClellan, County of Sacramento, California. Addressed and mailed to: Olga Parkhomovich TOOUTA A MALETINO FAGA 51 9 EGRET LN HOLLISTER, CA 95023-3083