Request Dismissal

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

21 CV381 233 Santa Clara - Civil CIV-1 1 0 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): D HarrisKristen Dean, SBN 321178 File No . 21-13618-0 FOR COURT USE ONLY NELSON & KENNARD 5011 Dudley Blvd, Bldg 250, Bay G, McClellan, CA 95652 P.o. Box 13807, Sacramento, CA 95853 EleCtron'Fally F'led TELEPHONENO: (916) 920-2295 FAXNo. (Optional): (916) 920-0682 by Superlor Court Of CA, E-MAIL ADDRESS (Optional).- AfiORNEYFom/vame); CAPITAL ONE BANK (USA) , N.A. county 0f santa Clara, SUPERIOR COURT OF CALIFORNIA, COUNTY 0F SANTA CLARA on 6/9/2021 11:14 PM STREETADDRESS: 191 N_ First street Reviewed By: D Harris MAILWGADDRESS: 191 N. First Street case #21cv381233 CITYANDZIPCODE: San Jose, CA 95113 I BRANCH NAME: LIMITED CIVIL CASE EnveloPe- 6609904 PLAINTIFF/PETITIONER: CAPITAL ONE BANK (USA), N.A_ DEFENDANT/RESPONDENT; JOSE C LOPEZ, et al. CASE NUMBER: REQUEST FOR DISMISSAL 21cv381233 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-complaint filed by (name): on (date): (4) [ ] Cross-complaint filed by (name): on (date): (5) [ ] Entire action of all parties and all causes of action (6) [X] Other (specify):* as to Does l to lO, only. 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: June 7, 2021 y Kristen Dean (TYPE OR PRINT NAME OF [X] ATTORNEY [ ]OR PARTY WITHOUT A'I'I'ORNEY) (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] pIaintiff/Petitioner [ ] Defendant/Respondent causes of action, or cross-complaints to be dismissed. [ ] Cross-Complainant 3. TO THE CLERK: Consent to the above-dismissal is hereby given.“ Date: > (TYPE 0R PRINT NAME OF [ ]ATTORNEY [ ] OR PARTY WITHOUT ATTORNEY) (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) . K ] Dismissal entered as requested on (date): 6/9/2021 11114 PM [ ] Dismissal entered on (date): as to only (name): [ ] Dismissal not entered as requested for the following reasons (specify): . P( ] a. Attorney or party without attorney notified on (date): 6/9/2021 11:14 PM b. Attorney or party without attorney not notified. Filing party failed to provide [ ]a copy to conform [ ] means to return confirmed copy D Harris Date: Clerk, by , Deputy 6/9/2021 11:14 PM CV-"O [Rev Jan- 1: 20131 REQUEST FOR DISMISSAL Page 2°” CIV-1 1 0 PLAINTIFF/PETITIONER: CAPITAL ONE BANK (USA) , N.A. CASE NUMBER: DEFENDANT/RESPONDENT: JOSE C LOPEZ, et al- 21CV381233 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. [ ] All 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 0R PRINT NAME 0F [ ]ATT0RNEY [ ] PARTY MAKING DECLARATION) (SIGNATURE) CV-11o [Rev. Jan. 1, 2013] REQUEST FOR DISMISSAL Page 2 of2