Request Dismissal

Cal. Super. - 6th Dist.April 1, 2021

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slale Bar number, and address): Christopher D. Denny, Esq. (SBN 175338) Law Offices of Christopher D. Denny 605 Market Street, Suite 505 San Francisco, CA 94105 TELEPHONE Nor 41 5-53 1 -8 1 89 E-MAIL ADDREss (opffonal). ChriS@CddennyjaW.COm ATToRNEY FQR (Name) EVerShine I L.P. sUPERIQR coURT QF GALIFQRNIA, coUNTY oF Santa Clara sTREET ADDREss. 1 9 1 n. First Street MAILING ADDRESS: cITYAND zip coDE: San Jose, CA 951 13 BRANCH NAME; FOR COURT USE OIVLY CIV-110 PLAINTIFF/PETITIQNER: Evershine 1 1.P. 21-CV-381455 DEFENDANT/REsPQNDENT: Boa Bui an individual dba Lundy Dry Cleaners REQUEST FOR DISMISSAL C3 Personal Injury, Property Damage, or Wrongful Death Motor Vehicle Cl Other Family Law ~ Eminent Domain Other (specify): Breach of Contract - A conformed copy will not be returned by the clerk unless a method of return is provided with the document.- 1. TO THE CLERK: Please dismiss this action as follows: a. (1) ~v'ith prejudice (2) ~ Without prejudice b. (1) ~ Complaint (2) ~ Petition (3) ~ Cross-complaint filed by (nsme): (4) ~ Cross-complaint filed by (name): (6) M Entire action of all parties and all causes of action (6) ~v'ther (specify):* All claims solely against the Doe defendants. on (date): on (dale): 2. (Complete in a/I cases except family lsw cases.) M Court fees and costs were waived for a party in this case. (This information may be obtained from the clerk. If this box is checked, the declaration on the back of this form must be completed). Date: 10/21/21 IChristopher D. Denny, Esq. (TYPE OR PRINT NAME OF ~V ATTORNEY ~ PARTY IMTHOUT ATTORNEY) (SIGNATURE) 'If dismissal requested is of specified parties only ot specifted causes of action Attarney Or party Withaut attarneyf'ny,or ofspearied cross-complaints only so state and identily the parties, causes of action, or cross-complaints to be dismissed. Plaintiff/Petitioner ef ant/Respondent Cross-Complainant 3. TO THE CLERK: Consent to the above dismissal is hereby given.** Date; (TYPE OR PRINT NAME OF C] ATTORNEY C3 PARTY WITHOUT ATTORNEY) '*If a cross-complaint-or Response (Family Law) seeking affirmative rebef - is on file, the attorney for cross-complainant (respondent) must sign this consent if required by Code of Civil Procedure section 531 (i) or ()). (To be completed by clerk) 4. ~ Dismissal entered as requested on (date): 6 ~ Dismissal entered on (date): 6 ~ Dismissaf not entered as requested for the following (SIGNATURE) Attorney or party without attorney for: Plaintiff/Petitioner ~ Defendant/Respondent Cross-Complainant as to only (name): reasons (specify): 7, a, ~ Attorney or party withoutattorney 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 Date: Form Adopted for Mandatory Usa Judhoal Council of Cabfomia CIV-110 IRev. July I, 2003] Clerk, by REQUEST FOR DISMISSAL , Deputy Paov1 of 2 Code of Civil Procedure, Il 531 et ssq., Gov. Cods, 3 53537(c); Cal Rules of Coun, rule 3.1330 www ccu)(info ca gov A. Villanueva 10/26/2021 5:00 PM 10/26/2021 5:00 PM X 10/26/2021 5:00 PM A. Villanueva X Electronically filed by Superior Court of CA, County of Santa Clara, on 10/26/2021 5:00 PM Reviewed By:A. Villanueva Case #21CV381455 Env #7542714 r PLAINTIFF/PETITIONER; Evershine I 1.P. DEFENDANT/REsPQNDENT: Hoa Bui an individual dba Lundy Dry Cleaners CASE NUMBER: 21-CV-381455 CIV-110 Declaration Concerning Waived Court Fees The court has a statutory lien for waived fees and costs on any recovery of $ 10,000 or more in value by settlement, compromise, arbitration award, mediation settlement, or other recovery. The court's lien must be paid before the court will dismiss the case. 1. The court waived fees and costs in this action for (name)r 2. The person in item 1 (check one): 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 2c is checked, item 3 must he completed.) 3, C] All court fees and costs that were waived in this action have been paid to the court (check one): C] yes C] 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 PR(NT NAME OF~ ATTORNEY~ PARTY MAKING GEO(ARATION) (SIGNATURE) CIV-110 (Rev. July 1, 2009) REQUEST FOR DISMISSAL Pase2of2 PROOF OF SERVICE 1 STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO 3 I am employed in the County of San Francisco, State of California. I am over the age of 18 and not a party to the within action. My business address is 605 Market Street, Suite 505, San 4 Francisco, California 94105. On the date below, I served the following documents: Request for dismissal, Request for default judgment, MPA in support, Wayne Okubo declaration, Christopher D. Denny declaration, and proposed judgment On the parties in this action as follows: 10 Hoa Bui 2149 Sarasota Way San Jose, CA 95122 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (BY MAIL) I placed a true copy of the above-named document(s) in a sealed envelope, with postage thereon fully prepaid, for collection and mailing in the United States mail at San Francisco, California, following our ordinary business practices. I am readily familiar with the practices of this law office for collection and processing of correspondence for mailing, said practice being that in the ordinary course of business, mail is deposited in the United States Postal Service the same day as it is placed for collection. (BY PERSONAL SERVICE) I personally delivered a true copy of the above-named documents to the parties indicated at the above address. (BY OVERNIGHT DELIVERY) I placed a true copy of the above-named document(s) in a sealed envelope for collection and delivery via Federal Express Mail, at San Francisco, California. (BY ELECTRONIC SERVICE) By electronic service via electronic transmission to all parties appearing on the electronic service list on this Court's E-Seivice list by utilizing the Electronic Filing Service Provider as ordered by this Court. A copy of the filing receipt page will be maintained mth the original document in this office. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed at San Francisco, California, on October 26, 2021. (:4m,, Christopher D. Dengn 26 27 PROOF OF SERVICE