Request Dismissal

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

21CV381361 Santa Clara - Civil ClV-1 10 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY M S Jason w. Tang, SBN 314337 Thomas J. Sebourn, SBN 279272 Carina M. Jordan, SBN 302099 ' 0mm Erin E. Patterson, SBN 262285 Patrick J. Layman, SBN 59643 Nicholas J. Babilis, SBN 291676 Shane T. Wate SBN 302738 - - ' I SUTTELL & HAMMER, APC TELEPHONE NO: (888) 788-8355 EIE'CtronIICally Flled Po Box 090006 BELLEVUE, WA 98009 FAX No. (Optional) (425) 453-3239 by Superlor Court of CA, File No: 776589.001 County of Santa CIara’ ATTORNEY FOR (Name): Bank ofAmerica, N.A. 0n 9/2/2021 1:41 PM SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA KEVIewed By: M- 30mm STREET ADDRESS: 191 N. First Street case #21 CV381 361 MAILING ADDRESS: 191 N. First Street I CITY AND ZIP CODE: San Jose CA 95113 EnveloPe- 71 941 36 BRANCH NAME: PLAINTIFF: Bank of America, N.A. Defendant: Yossue C Santos REQUEST FOR DISMISSAL CASE NUMBER: 21 CV381 361 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) [X] With prejudice (2) [ ] Withoutprejudice b. (1)[ ] Complaint (2) [ ] Petition (3) [ ] Cross-complaintfiled by (name): on (date): (4) [ ] Cross-complaintfiled 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. lf court fees and costs were waived, the declaration on the back of this form must be completed). Dated August 31, 2021 fl ( ) Nicholas J. Babilis, SBN 291676 ( XCarina M. Jordan, SBN 302099 MW( ) Patrick J. Layman, SBN 59643 ( )Thomas J. Sebourn, SBN 279272 ( )Erin E. Patterson, SBN 262285 ( )Jason W. Tang, SBN 314337 > ( )Shane T. Wate, SBN 302738 (SIGNATURE) V (TYPE OR PRINT NAME OF [X] ATTORNEY [ ] PARTY WITHOUT ATTORNEY) *If dismissal requested is of specified parties only of specified causes of action only, or of Attorney or party w'thOUt attorney for: specified cross-complaints only, so state and identify the parties, causes of action, or cross- - - - - complaintsto be dismissed [X] Plalntlff/Petltloner [ ] Defendant/Respondent [ ] Cross-Complainant 3. T0 THE CLERK: Consent to the above dismissal is hereby given.“ Date: D ** If a cross-complaint - or Response (Family Law) seeking affirmative relief - is on file, Attorney 0r party WithOUt attorney for: the attorney for cross-complainant (respondent) must sign this consent if required by . . . . Code ofcwn procedure section 581 (norm [ ] Plalntlff/Petltloner [ ] Defendant/Respondent (TYPE 0R PRINT NAME 0F [ ] ATrORNEY [ ] PARTY WITHOUT ATTORNEY) (S'GNATURE) [ ] Cross-Complainant (To be completed by clerk) 9/2/2021 1:41 PM 4. K] Dismissal entered as requested on (date): 5 [ ] Dismissal entered on (date): as t0 only (name): 6. [ ] Dismissal not entered as requested for the following reasons (specify): 7. a. {( ] Attorney or party without attorney notified on (date)9/2/2021 1:41 PM b. [ ] Attorney or party without attorney not notified. Filing party failed to provide [ ] a copy to be conformed [ ] means to return conformed copy Date: Clerk, 9/2/2021 1:41 PM by M. Sorum ’ Deputy Page 1 of 2 Form Adopted for Mandatory Use Code 0f Civil Procedure, § 581 et seq. Judicial Council ofCalifornia REQUEST FOR DISMISSAL Gov. Code, § 68637(c); Cal. Rules ofCourt, rule 3.1390 CIV-l 10 [Rev. Jan. 1, 2013] www.caurtsra‘gav ClV-110 PLAINTIFF: Bank 0f America, N.A. CASE NUMBER: Defendant: Yossue C Santos 21 CV381361 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 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 20 is checked, item 3 must be completed.) 3. A|| court fees and court 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. Dated: (TYPE OR PRINT NAME OF [ ] ATTORNEY [ ] PARTY MAKING DECLARATION) (SIGNATURE) Page 2 of2 Form Adopted for Mandatory Use RE Code of Civil Procedure, § 581 et seq. Judicial Council ofCalifornia QUEST FOR DISMISSAL Gov. Code, § 68637(c); Cal. Rules 0fCourt, rule 3.1390 CIV-l 10 [Rev. Jan. 1, 2013] WWW. COurtS. CLLgOV PROOF OF SERVICE STATE OF Washington, COUNTY OF King} ss. I am a resident ofthe United States and employed in the County of King, Washington; I am over the age of 18 years and not a party t0 the within entitled action; my business address is PO Box C-90006, Bellevue WA 98009. On 9/1/21 , I served the foregoing document, described as REQUEST FOR DISMISSAL on the interested parties to said action by the following means: (By Mail): By placing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, for collection and mailing on that date following ordinary business practices, in the United States Mail at the offices of SUTTELL & HAMMER, addressed as shown below. I am readily familiar with this business's practice for collection and processing of correspondence for mailing with the U.S. Postal Service, and in the ordinary course of business correspondence would be deposited with the U.S. Postal Service the same day it was placed for collection and processing. (By Mail): By placing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, in the United States Mail at Bellevue, Washington, addressed as shown below. (By Hand Delivery): By causing a true copy thereof, enclosed in a sealed envelope, to be delivered by hand to the addresses shown below. (By Personal Service): By personally delivering a true copy thereof, enclosed in a sealed envelope, to the addresses shown below. (By Overnight Delivery): By placing a true copy thereof, enclosed in a sealed envelope, With delivery charges prepaid, to be sent by , addressed as shown below. (By Facsimile Transmission): By transmitting a true copy thereofby facsimile transmission from facsimile number , to the interested parties to said action; the transmission was reported as complete and without error, and a copy of the transmission report, Which was properly issued by the transmitting facsimile machine, is attached hereto and incorporated herein by reference. Said documents were transmitted t0 the interested parties as shown below at a.m./p.m. I declare under penalty ofperjury under the laws of the State of California that the foregoing is true and correct. Executed on 9/ 21 Sjgnfidw , at Bellevue, King, Washington. [X] Legal As stan ( )KIiStin NeWtO l ' ( ) sumel' DeRosa ( )Alexia Nono ( ) Patty Canapi ( ) Phillip E-GCUL EBDTQBQMD®MA9 - - - ( ) Austin Edwards ( ) Jacob Batts ( ) Christian Obando ( ) Jana Macklin ( ) Jasmine Lee ( ) KC Gidewall ( ) Jyoti Cossette ( XMonica Brodhacker ( )Aqdar Awadh ( ) Cody Baker ( ) Jennifer Chavira ( )Angelo Tadrous ( ) Xenia Chiles ( ) Daniela Olvera-Sanchez ( ) Jacob Batts ( ) Camilo Gonzalez NAME AND ADDRESS OF EACH PERSON SERVED: Yossue C Santos 174 S 26Th St San Jose CA 951 16-2311