Clerk Rejection LetterCal. Super. - 6th Dist.March 29, 2021SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA DOWNTOWN COURTHOUSE - CIVIL DIVISION 191 North First Street San José, California 95 1 13 (408) 882-2 100 o Public Case Information Website: httpsnllcmportal.scscourt.orqlPor1all Providing access to local cases through online search & retrieval. o Main Website: www.scscour-t.org Providing access to rutes, self help information, forms, fees. Iocations & phone numbers. [ [ [ Civil Filing Rejection Letter ] Case Number: 21 CV381 441 % case Tme: HARPEL V PHYSICAL CULTURE Dear Sir/Madam: The Document is being returned for the following reason(s): 1. NQWPP’N 9° 9. 10. D The case was dismissed on: D The Civil Case Cover Sheet adopted by Rule 3.220 is missing. Please submit the cover sheet within 10 days of this Notice or you may be subject to sanctions under California Rules of Court, Rule 2.30. D The case number is D missing. D incorrect, 0r D incomplete. D The documents MUST be on adopted Judicial Council forms. D Forms are obsolete. D The document is incomplete. Please complete information where “Red” check marks are placed. D The document is missing an original signature. D The document requires a $ Filing Fee or Waiver 0f Fees granted by this Court. D The document is not in compliance with Rule 2.100-2‘119 as follows: a. D Caption page required c. D State Bar Number required b. D Two-hole punch and stapled d. D Telephone number D Request for Dismissal is incomplete. Please provide the information requested. Complete: a. D item 1a. D item 1b. b. D item 2, need consent of D Cross-Complaint D Intervener D Complaint D An Order of Court is required priorto filing this document 11. D The document is filed in the incorrect Court. 12 E Other: Item 2 on answer is incomplete. Answer requires a $435 first paper fee for defendant. A defendant cannot dismiss the case that was initiated by another party. Notes for Future Reference: 15. D To expedite your requests for Writs or Abstracts, please submit an endorsed filed copy of yourjudgment. 16. E Please enclose a self-addressed stamped envelope for the return of your copies, 17. D Please make checks payable t0: Cterk Superior Court Date: 12/27/2021 Clerk of the Court Clerk. by 1 Harriq I ,Deputy"HA- The Court staffs n01 authorized :0 give you Iega.’ advice 0r instruct you on which legalforms to use, as t/n's constitutes an zmautlmrizen'practice ofimv. The Court recommends that you seek apprapn'me legal assistance. CV-5020 REV 12(03l1 5 i g Pum-mo ATTORNEY 0R PARTY WITHOUTATrORNEY (NAME AND ADDRESS): TELEPHONE FOR COURTUSE ONLY Mitchel Lance Miller 4 Las Katrinas Rd Santa Fe, NM 87506 i ATTORNEY FOR (NAM E); Insert name of court, judicial district or branch court, if any, and post offioe and street address: Santa Clara County Superior Court 191 North First St San Jose, CA 95113 PLA] NT|FF2HarpelAssochtes LLC DEFENDANT1Physiwl Cuflure Strength and Conditioning Inc ANSWER-Contl'aCt ’ CASE NUMBER:m T0 COMPLAINT 0F (name): Harpel vs Physical Cuiture Inc 21cv381441j To CRosscompLAmT (name): 1. This pleading, including attachments and exhibits, consists ofthe following number of pages: 26 2A DEFENDANT (name): answers the complaint or cross-complaint as follows: 3. Check ONLY ONE of the next two boxes: a. E Defendant generally denies each statement of the complaint or cross-cornplaint (Do not check this boxifthe verified complaint or cross-complainr demands more than $1, 000.) b. E Defendant admits that all ofthe statements of the complaint or cross-complaint are true EXCEPT: (1) Defendant claims the following statements are false (use paragraph numbers or explain): Paragraph 3 is false. The plaintiff asserts that Sheila Leigh Miller is a resident of Santa Clara County, CA, Sheila Leigh Miller is a resident of Santa Fe County New Mexico and not a resident of California Paragraph 4 is false. The plaintiff assens that Mitchel Lance Miller is a resident of Santa Clara County, CA. Mitchel Lance Miller is a resident of Santa Fe County New Mexico and not a resident of California. Paragraph Q is false. The plaintiff asserts there is a unity of interest between defendants and the separateness and individuality has ceased to exist. This claim is False. Physical Culture Strength and Conditioning Inc. is and has been a valid California S corporation with the articles of Incorporation and bylaws on file. (cont) E Continued on Attachment 3.b.(1). (2) Defendant has no information or belief that the following statements are true. so defendant denies them (use paragraph numbers or explain): Paragraph 38. The plaintiff states that they have demanded to performance by defendant and that the defendant has not responded to such demands for performance. The defendant at no time received notice of monies eWed nor the itemized amount owad by the plaintiff or any of the plaintiffs agents. The plaintiff provides no evidence in the form of an exhibit that would show otherwise. Paragraph 56. The plaintiff asserts that damages and cTeaning and repair charges for unitAand unit 8. The plaintiffs alleged amounts are $5585 for unitA and $1839 for un'rt S, respectivety. The plaintiff has never submitted any documentation to the defendant nor is there an exhibit to itemize the charges to itemize and validate such expenses. - E Continued on Attachment 3.b.(2). If this form is used to answer a uossmomplaint. plaintiff means acssoomplainant and defendant means cross-defendant Page1 of 2 ' 'Cod fC’ 'IPocad , 42512 fiflgfigfixfiggfigigw ANSWER-contract e o M :vwwgézrtimgov PLD-C-010 [Rem January 1. 2007] CIV-1 1 0 A170RNEY 0R PARTY WTrHOUT ATrORNEY: SI‘ATE BAR NO: FOR coufir USE ONLY NAME Miller HRM NAME Mitchel smssr ADDRESS: 4 las Katrinas Rd cm; Santa Fe STATE NM apcoDE: B7506 TELEPHONE N04: 408-656-7007 FAX N0.: E-MNLADDRESS: lanumiller@yahoo.com ArroaNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA. COUNTY 0F srREEr ADDRESSA 91 North First St MAILING ADDRESS? crrv AND ZIP CODESan Jose. 9511 3 BRANCH NAME: Plaintiff/PetitionenHarpel Associates LLC Defendanthespondent:Physical Culture Strength and Conditioning Inc CASE NUMBER: REQUEST FOR DISMISSAL 21CV381441 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) E Wrth prejudice (2) E \Mthout prejudice b. (1) a Complaint (2) E Petition (3) D Cross-complaint filed by (name): on (date): (4) E Crosseomplaint fiied by (name): on (date): (5) m Entire action of all parties and all causes of action (6) E Other (specify)? 2. (Complete in all cases except familylaw cases.) The courtE did E did not waive court fees and costs for a party In this case. (This information may be obtained from the clerk. If court fees and costs ware waived, the deciaration on the back ofthr's form must b9 completed). Date: , ,W4 Mitchel Lance Miller fl/(TYPE OR PRINT NAMEOF I l ATrORNEY I 3 I PAR‘W WITHOUT ATTORNEY) (SIGNATURE) 'if dismissal requefied is of specified parties only of specified causes of action only. Attorney Of party Without attorney for: or of specified cro$-comphints only. so state and identify the parties, muses of E plaintifi/pefifioner m Defendant/Respondent action. or crosmmplaints to be dismissed. E Cross Complainant 3. T0 THE CLERK: Consent t0 the above dismissal is hereby given.“ Date: (PIPE 0R PRINF NAMEOF | | ATrORNEY | x | PARTYW1THOUT ATrORNEY) (SGNATURE) “ If a cross-oomplaint - or Response (Family Law) seeking affirmative Attorney or party Without attorney for: relief- ison file, the attorney for cross-complalnant (respondent) must sign E Plaintifflpemioner E Defendant/Respondentth's consem if required by Code of Civil Procedure sedion 581 (i) or (j). E Cross Complainant (To be completed by clerk) 4. E Dismissal entered as requested on (date): 5 D Dismissal entered on (date): asto only (name): 6. m Dismissal not entered as requested for the following reasons (specifit): 7. a. E Attorney or party without attorney notified on (date): b. E Attorney or party without attorney not notified. Filing party failed to providem a copy to be conformed E means to return conformed copy Date: Clerk, by I .Deputy mew” FormAdoteder dam U Cod ofC"|P}oaed , 581st .;G .Cod, Judicialcgundloof Caarl‘ifomi: SQ REQUEST FOR DISMISSAL e §Bgl63flc):CalerilestsoEuquruogajwab C1V~110 [Rev. Jan. 1. 201 3] | www.martim‘gov