Request Dismissal

Cal. Super. - 6th Dist.April 30, 2021

ATTORNEY OR PARTY INITHOUT ATTORNEY (Name, State Sa~ uumlyec, uud addcevu/ Hunt 8 Hemiques, Attorneys at Lsw FOR ColJRT USE ONL V CIV-110 7017 Realm Dr, Sen Jose CA 95119 TELEPHQNE No 800-680-2426 E-MAE. AOORESS(Opbupud infO hunthenriquee COm ATTORNEY FOR fNumel Plaintif FAX NO (Oppuuag 408-362-2299 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA sTREETAooREss 191 North First Street MAILING ADDRESS c(TY AND 2(P GQDE San Jose CA 95113 SRANCH NAME Downtown Superior Court PLAINTIFF/PETITIONER CaPital One Bank (USA), N A ained /Iom DEFENDANT/RESPONDENT BRUCE B BYRD REQUEST FOR DISMISSAL CASE NUMSFR 21 CV381 253 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 aclass 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 Without prejudice b (1) CX3 Complaint (2) ~ Petition (3) ~ Cross-complaint filed by (name): on (date). (4) ~ Cross-complaint filed by (name). on (dale) (5) M Entire action of all parties and all causes of action (6) ~X Other (specify):* Pursuant to CCP 664.6 the Court retains jurisdiction to re-open and enter judgment. 2 (Complete in a// cases except /emily law cases.) The court W did ~X did not waive court fees and costs for the c/ed(. /f court fees and costs were waived, the declaration on Date July 16, 2021 Keri L. 53(et SBN 318913 (TYPE OR PRINT NAME OF ~X ATTORNEY ~ PARTY HdTHOUTATTORNEYI *Ifdfvmasalrequesled IS of speof/ed parties only dfspecfiedcausescfdchdn only, ordfspeoffed cross-complaints only Sc state dhd Idehbfy the parties,causes of action, cr cross-complaints Ic be dismissed. 3. TO THE CLERK: Consent to the above dismissal is hereby Date: (SIGNATURE) Attorney or party without attorney for: CXx Plaintiff/Petitioner . j Defendant/Respondent Cross-Cornpiainant (TYPE OR PRINT NAME OF ~ ATTORNEY ~ PARTY WITHOUT ATTORNEY) **If 3 cross-complaint - or Response (Fdmdy Lew) seeking SfffrmatIve rebel - Is dh file, the attorney for cross-comp(am( (recpphdehli must sign th/9 consent If required by Code of Civil Procedure section 531 (I)cr 0) (To be completed by clerk) 4. ~ Dismissal entered as requested on (dale): (SIGNATURE) Attorney or party without attorney for Plaintiff/Petitioner I Defendant/Respondent L j Cross-Complainant 5 ~ Dismissal entered on (dsle); as to only (name) 6. M Dismissal not entered as requested for the following reasons (specify): 7. a ~ Attorney or party without attorney notified on (dale): b ~ Attorney or party withoutattorney not notified Filing party failed to provideM a copy to be conformed C] means to return conformed copy Date: Form Adopted for Mandatory ve Judhcml Cu uml of Cubfucu 3 clv-110 IRev Juu I, 29131 Clerk, by REQUEST FOR DISMISSAL IIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII , Deputy Page I of 2 code of c I Procedure, II 551 vl veq, Guv C de 553537(c), Cul Rules of Court, r le 31399 www cuurfu ca guv 1367541.001 Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/20/2021 11:44 AM Reviewed By: R. Aragon Case #21CV381253 Envelope: 6883814 21CV381253 Santa Clara - Civil R. Aragon 7/20/2021 11:44 AM 7/20/2021 11:44 AM X 7/20/2021 11:44 AM R. Aragon X L PLAINTIFF/PETITIONER, Capital One Bank (UBA), N.A DEFENDANT/RESPONDENT BRUCE B BYRD lCASE NUMBER:21 CV381253 CIV-110 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 ken on that recovery. The court may refuse to dismiss the case until the hen is satisfied. (Gov. Code, g 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 2cis checked, item 3 must be completed.) 3. M All court fees and court costs that were wawed in this action have been paid to the court (check one) ~ Yes ~ No I declare under penalty of perjury under the laws of the State of California that the information above is true and correct. Date. ITYPE OR PRINT NAME OF ~ ATTORNEY ~ PARTY MAKING OECEllRATION) (SIGNATURF) CIV-110 IRey January I, 2012) REQUEST FOR DISMISSAL Page 2 of 2 1367541.001