Request Dismissal

Cal. Super. - 6th Dist.March 25, 2021

ATTORNEY OR PARTY WITHOUT ATTORNE Y (Name, State Sar number endaddress)'ohn V. Mejia, Esg. 167806 SCRANTON LAW FIRM 2450 STANWELL DRIVE CONCORD, CA 94520 TELEPHONENO.. ( 925 ) 602-2727 FAxNO.(optional)t ( 925 ) E MAILADDREss (opticnag j Ohnm8 SCrantcnlaWf irm. Ccm ATTORNEYFOR(Name) Plaintiff DaVid LinareS sUPERIQR coURT QF cALIFQRNIA, coUNTY QF Santa Clara sTREETADDREss: 191 North First Street 676 - 9999 FOR COURT USE ONLY CIV-110 MAILING ADDRESS cITYANDzlpcoDE'an Jose, CA 95113 BRANOHNAIYIE. Unlimited Civil Jurisdiction PLAINTIFF/PETITIONER: David Linares aka Carlos David Linares Earners DEFENDANT/REsPQNDENT;Nathan Daniel Kalinowski REQUEST FOR DISMISSAL CASE NUIvIBER. 21CV381329 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) ~ Without prejudice b. (1) ~ Complaint (2) ~ Petition (3) ~ Cross-complaint filed by (name)( (4) ~ Cross-complaint filed by (name)) (5) Q3 Entire action of all parties and all causes of action (6) ~ Other (specify):* Each party to bear its own attorneys 2. (Comp/ete in a/I cases except family /aw cases.) The court ~did ~d)d not waive court fees and costs fora party in th the clerk. If court fees and costs were waived, the declaration on the back Date: 1( AE JOHN...V ..ME JIA,....ESQ-.....,.................................... (TYPE OR PRINT NAME OF ~ ATTORNEY ~ PARTY IIVITHOUT 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-corn pie mts to be dismissed on (date): on (date): fees and costs. Linares Respondent 3. TO THE CLERK: Consent to the above dismissal is hereby gwen.* Date: (TYPE ORPRINTNAMEOF ~ ATTORNEY~ PARTYINITHOUTATTORNEY) if a cross-complamt - or Response (Family Law) seeking affirmative relief - is on file, the attorney for the cross-complainant (respondent) must sign this consent tf required by Code of Civil Procedure section 531(i) or a). (SIGNATURE) Attorney or party without attorney for:~ Plaintiff/Petitioner ~ Defendant/Respondent~ Cross-Complainant (To be completed by clerk) 4. ~ Dismissal entered as requested on (date): 5. ~ Dismissal entered on (date): as to only (name): 6. ~ Dismissal not entered as requested for the following reasons (specify): 7. a. ~ Attorney or party without attorney notified on (date)( b. ~ Attorney or party without attorney not notified. Filing party failed to provide~ a copy to be conformed ~ means to return conformed copy Clerk, by Form Adopted for Mandatory Use Judiaal Ccunal of California (.&L[3' Eeaential REQUEST FOR DISMISSAL clv-110(Rev Jan 1,2013) z I pgForms Linares , Deputy Page 1 of 2 Code of Civil Procedure 5551 st seq, Gov. Code, g 53537(ci; Cal Rules of Court, rule 3 1390 wmv coutfs ca gov v. Kalinowski Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/30/2021 4:27 PM Reviewed By: R. Nguyen Case #21CV381329 Envelope: 6965776 21CV381329 Santa Clara - Civil R. Nguyen 7/30/2021 4:27 PM 7/30/2021 4:27 PM X 7/30/2021 4:27 PM R. Nguyen X PLAINTIFF/PETITIONER: David Lina):es CASE NUMBER: DEFENDANT/RESPONDENT: Nathan Daniel Kalinowski 21CV381329 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 lien on that recovery. The court may refuse to dismiss the case until the lien is satisfied. (Gov. Code, g 68637.) Declaration Concerning Waived Court Fees 1. The court waived fees and costs in this action for (name): 2. The person 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. (Ifitem 2cis checked, item 3 must be completed) 3. ~ Ail court fees and costs that were waived 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: (TYPE OR PRINT NAME OF ~ ATTORNEY ~ PARTY MAKING DECLARATION) (SIGNATURE) CIV-110 [Rav January I, 2013] ('LnB'ssential calxcara „@Forms'EQUEST FOR DISMISSAL Linares v. Kalinowski Pagll 2 a( 2 I RE: David Linares v. Nathan Kaiinowski Santa Clara County Superior Court Case Number: 21CV381329 2 PROOF OF SERVICE (CCP M 1013a, 2015.51 3 I, the undersigned, declare: I am a resident of the United States, and employed in the County of Contra Costa. I am over the age of eighteen years and not a party to the within action. My business address is 2450 Stanwell Drive, Concord, California 94520. On the date set forth below, I served the following documents: REQIJEST FOR DISMISSAL 8 [ X ] BY ELECTRONIC TRANSMISSION. By e-mailing the document(s) to the persons at the e-mail address(es) listed below as permitted by AB 2165. 9 10 12 13 14 15 ATTORNEYS Catherine A. Walsh, Esq. Law Offices of Catherine A. Walsh 1800 Sutter Street, Suite 260 Concord, CA 94520 Telephone: 925-825-9500 Fax: 925-825-9716 Email: cwalsh&a,ucico.corn PARTY(IES) Attorney for Defendant NATHAN DANIEL KALINOWSKI I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. Executed on July 30, 2021 at Concord, California. 17 18 19 20 21 elicia D. Copeland'ralegal 22 23 24 25 26 27 28 PROOF OF SERVICE