Request Dismissal Entire Action Without Prejudice

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

CIV-110 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY KRISTEN DEAN, SBN 321178 File No. 21-05741-0 _ _ NELSON a 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 TELEPHONE No: (91 6) 92 O -22 95 E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): CAVALRY sPv I , LLc SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREETADDRESS: 191 N. First Street MAILINGADDRESS: 191 N. First Street CITYANDZIPCODE: San Jose, CA 95113 BRANCHNAMEI LIMITED CIVIL CASE County of Santa Clara, on 10/28/2021 12:47 AM Reviewed By: K. Nguyen Case #21 CV381 291 Envelope: 7553249 FAXNo. (Optional): (916) 920-0682 PLAINTIFF/PETITIONER: CAVALRY SPV I, LLC DEFENDANT/RESPONDENT: ESTHER ALVAREZ, et al- CASE NUMBER: REQUEST FOR DISMISSAL 2 1CV3 8 l 2 9 l 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] Without prejudice b. (1) [ ] Complaint (2)[ ] Petition (3) [ ]Cross-complaintfiled by (name): (4) [ ]Cross-complaintfiled by (name): (5) [X] Entire action of all parties and all causes of action (6) [ ]Other (specify):* 2. (Complete in all cases except family law cases.) on (date): on (date): 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: October 20, 2021 KRISTEN DEAN > K9 (TYPE OR PRINT NAME OF [X] ATTORNEY [ ] OR 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. 3. TO THE CLERK: Consent to the above-dismissal is hereby given.“ Date: (TYPE OR PRINT NAME OF [ ]ATTORNEY [ ]OR PARTY WITHOUT ATTORNEY) n If a cross-complaint -- or Response (Family Law) seeking affirmative relief-is on file, the attorney for the cross-complainant (respondent) must sign this consent if required by Code of Civil Procedure section 581(i) or (j). (To be completed by clerk) (SIGNATURE) Attorney or party without attorney for: [X] Plaintiff/Petitioner [ ] Defendant/Respondent [ ] Cross-Complainant b (SIGNATURE) Attorney or party without attorney for: [ ] PIaintiff/Petitioner [ ] Defendant/Respondent [ ] Cross-Complainant Date= 10/28/2021 12:47 AM [X ] Dismissal entered as requested on (date): 10,28,2021 12:47 AM [ ] Dismissal entered on (date): as to only (name): [ ] Dismissal not entered as requested for the following reasons (specify): [ X] a. Attorney or party without attorney notified on (date): 10/28/2021 12:47 AM b. Attorney or party without attorney not notified. Filing party failed to provide [ ] a copy to conform [ ] means to return confirmed copy Clerk, by K. Nguyen , Deputy Page 1 of2 Form Adopted for Mandatory Use Judicial Council of California CV-1 10 [Rev. Jan. 1, 201 3] REQUEST FOR DISMISSAL Code of Civil Procedure, § 581 et seq. Gov. Code §68637(c); Cal. Rules of Court, rule 3.1390 www.couninfo.ca.gov CIV-1 1 0 PLAINTIFF/PETITIONER: CAVALRY SPV I, LLC CASE NUMBER: DEFENDANT/RESPONDENT: ESTHER ALVAREZ, et al- 21CV381291 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 [ ]ATTORNEY [ ] PARTY MAKING DECLARATION) (SIGNATURE) CV-11O [Rev. January 1, 2013] REQUEST FOR DISMISSAL Page 2 of2 CIV-110 PLNNTFHPEHHONER: CAVALRY SPV I, LLC CASENUMBER DEFENDANT/RESPONDENT: ESTHER ALVAREZ, et al_ 21CV381291 PROOF OF SERVICE State of California ) County of Sacramento ; 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 ESTHER ALVAREZ 51 93 DENT AVE SAN JOSE, CA 951 1 8-2257