Request DismissalCal. Super. - 6th Dist.April 1, 202121 CV381 540 Santa Clara - Civil CIV-1 1 0 ATTORNEY OR PARTY WITHOUT A‘I'I'ORNEY (Name, State Bar number, and address): Nathan R. Yannone (SBN 305506) Laughlin, Falbo, Levy & Moresi LLP One Capitol Mall, Suite 400 Sacramento, CA 95814 TELEPHONE No.: (925) 499-4999 E-MAIL ADDRESS (Optional): nyannone@|flm _com ATrORNEYFOR (Name): Plaintiff Santa Clara Valley Transportation Authority FAX No. (Optional): (925) 348-971 0 FOR COURT USE ONLY Electronically Filed by Superior Court of CA, County of Santa Clara, on 1/7/2022 8:12 AM SUPERIOR COURT OF CALIFORNIA, COUNTY 0F Santa Clara STREET ADDRESS: 191 North First Street MAILING ADDRESS: CITY AND ZIP CODE: San Jose, CA 951 13 BRANCH NAME: eviewed By: F. Miller Case #21 CV381 540 Envelope: 8004898 PLAINTIFF/PETITIONER: Santa Clara Valley Transportation Authority DEFENDANT/RESPONDENT: Dean Kratzer, et al. F. REQUEST FOR DISMISSAL CASE NUMBER: 21 CV381 540 A conformed copy will not be returned by the clerk unless a method of return is provided with the document. class action. (Cal. Rules of Court, rules 3.760 and 3.770.) 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 Miller 1. TO THE CLERK: Please dismiss this action as follows: a. (1) D With prejudice (2) E Without prejudice b. (1) E Complaint (2) D Petition (3) D Cross-complaintfiled by (name): (4) D Cross-complaintfiled by (name): (5) D Entire action of all parties and all causes of action (6) E Other (specify)? Complaint as to defendant Lyft, Inc. only 2. (Complete in all cases except family law cases.) The court D did on (date): on (date): X 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 were waived, the declaration on the back of this form must be completed). Date: January 7, 2022 Nathan R. Yannone (TYPE 0R PRINT NAME OF E ATTORNEY D PARTY WITHOUT ATrORNEY) *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. >w9~ Attorney or party without attorney for: E PIaintifi/Petitioner (SIGNATURE) D Defendant/Respondent D Cross-Complainant TO THE CLERK: Consent to the above dismissal is hereby given.** Date: (TYPE OR PRINT NAME OF D ATTORNEY D PARTY WITHOUT ATTORNEY) ** If a cross-complaint - or Response (Family Law) seeking affirmative relief - is on file, the attorney for cross-complainant (respondent) must sign this consent if required by Code of Civil Procedure section 581 (i) or (J)- (SIGNATURE) Attorney or party without attorney for: D PIaintiff/Petitioner D Cross-Complainant D Defendant/Respondent (To be completed by clerk) 4. m Dismissal entered as requested on (date): 1/7/2022 8:12 AM 5 D Dismissal entered on (date): as to only (name): 6. D Dismissal not entered as requested for the following reasons (specify): 7. Attorney or party without attorney notified on (date): “7/2022 8:12 AMa. b. D Attorney or party without attorney not notified. Filing party failed to provide D a copy to be conformed D means to return conformed copy Date: Clerk, by 1/7/2022 8:1 2 AM Form Adopted for Mandatory Use Judicial Council of California ClV-‘l 10 [Rev. Jan. 1, 2013] REQUEST FOR DISMISSAL F. Miller Page 1 of 2 Code of Civil Procedure, § 581 et seq.; Gov. Code, § 68637(c); Cal. Rules of Court, rule 3.1390 www.courts.ca.gov , Deputy CIV-1 1 0 PLAINTIFF/PETITIONER: Santa Clara Valley Transportation Authority DEFENDANT/RESPONDENT: Dean Kratzer, et al. CASE NUMBER: 21 CV381 540 the lien is satisfied. (Gov. Code, § 68637.) 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 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. D not recovering anything of value by this action. b. D recovering less than $10,000 in value by this action. QD recovering $10,000 or more in value by this action. (Ifitem 20 is checked, item 3 must be completed.) 3. D All court fees and court costs that were waived in this action have been paid to the court (check one): D Yes D 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 0FD ATTORNEYD PARTY MAKING DECLARATION) (S'GNATURE) CIv-1 10 [Rev. January 1, 2013] REQUEST FOR DISMISSAL Page 2 ofz American LegalNet, Inc. www.FormsWorkFlow,00m _ \OOOQONUIAUJNt-K NNNNNNNNNHr-tr-At-tr-tr-At-tr-tr-Ar-t OONQUIAUJNF-‘OCOOQQU‘I-BUJNHO PROOF OF SERVICE Case : SANTA CLARA VALLEY TRANSPORTATION AUTHORITY vs. DEAN KRATZER, LYFT, INC., et a1. Case # : 21CV38154O Court : Superior Court of California, County of Santa Clara I declare that: I am employed in the City of Concord, California. I am over the age 0f eighteen years and not a party t0 the within cause; my business mailing address is One Capitol Mall, Suite 400, Sacramento, CA 95814. On, lanuary 7! 2022, I served in said cause, as follows: o REQUEST FOR DISMISSAL AGAINST LYFT, INC. ONLY SEE ATTACHED SERVICE LIST D U.S. MAIL\CERTIFIED: I enclosed the documents in a sealed envelope or package addressed to the persons at the addresses as set forth below and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course 0f business with the United States Postal Service at Concord, California, in a sealed envelope with postage fully prepaid. FAX TRANSMISSION: I faxed the documents to the persons at the fax numbers listed below. N0 error was reported by the fax machine that I used. A copy 0f the record of the fax transmission, which I printed out, is attached. g EMAIL 0r ELECTRONIC TRANSMISSION: Per California Emergency Rules 0f Court Rule 12, the above-referenced documents are being served 0n these parties by electronic service. I did not receive, within a reasonable time after the transmission, any electronic message 0r other indication that the transmission was unsuccessful. X State: I declare under penalty of perjury under the laws of the State 0f California that the foregoing is true and correct. EXECUTED 0n January 7, 2022 at Fullerton, California. . j Iagqueline l‘aylor \OOOQONUl-RUJNt-K NNNNNNNNNHr-tr-At-tr-tr-At-tr-tr-At-t OONQUIAUJNF-‘OCOOVQU‘I-RUJNHO w Arlen Litman-Cleper, Esq. Cesari, Werner & Moriarty 75 Southgate Ave. Daly City, CA 94015 Tele: (650) 991-5126 Fax: (650) 991-5134 Email: alitman@cwmlaw.com Attorneys for Defendant - Dean Kratzer Jeffrey A. Buck, Esq. Lewis Brisbois 333 Bush St., Suite 1100 San Francisco, CA 94104 Tele: (415) 438-5912 Fax: (415) 434-0882 Email: Jeffrey.Buck@lewisbrisbois.com Attorneys for Defendant - Lyft, Inc.
