requst for dismissal

Cal. Super. - 1st Dist.November 5, 2019

sTATE BAR ND 126613 sTATE CA ZIP DDDE 94104 FAX No ATTORNEY OR PARTY WITHOUT ATTORNEY NAME John L. Fitzgerald FIRM NAME Law Offices of John L. Fitzgerald sTREETAooREss; 44 Montgomery Street, Suite 3580 cny San Francisco TELEPHDNE No: 415-689-1209 E.wucnooREss john@jlfitzgeraldlaw.corn AITDRNEYFDR livemei Plaintiff Katia Bonilla SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco BTREETADoREss 400 McAllister St. MAILING ADDRESS crrvANozmcooE San Francisco, CA 94102 BRANCH ME'OR COIIRT USE ONLY CIV-110 Plaintif/Petitioner: KATIA BONILLA Defendant/Respondent: NEW PENN FINANCIAL LLC, ET AL. REQUEST FOR DISMISSAL CASE NUMBER'GC-18-568627 may be obtained from the PCIFATURE) Attom party wit a(torney for: ~x Afintiff/Petit)or))fr ~ Defendant/Respondent~ Cross Complainant 3. TO THE CLERK: Consent lo the above dismissal is hereby given Date: 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 classaction. (Cal. Rules of Court, rules 3.760 and 3.770.) TO THE CLERK: Please dismiss this action as follows: a. (1) ~ With prejudice (2) ~x Withoutprejudice b. (1) ~x Complaint (2) ~ Petition (3) ~ Cross-complaint filed by (name): on (da/e); (4) ~ Cross-complainl filed by (name)f on (dale): (5) ~ Entire action of all parties and all causes of action (6) ~ Other (specify) 2. (Comp/e/ein a/I cases except family Iaw cases.) The court ~ did ~x did not waive court fees and costs for a party in this case. (This inform ion clerk. If court fees and costs were waived, the declaration on Ihe back of this form must corn Date: October 31, 2019 JOHN L. FITZGERALD (TYPE OR PRIM NAME OF ~X ATTORNEY ~ PARTY WITHOUT ATTORNEY) 'If diamlaaal requealed ia of specified parliea only of apecised causes of ection only, or o( specified cross-complaints only, ao stale and idensfy lhe parsec, causes of ection, or croaamomplafnta to be diamlaaed. (TYPE OR PRINT NAME OF ~ ATTORNEY ~ PARTY WITHOUT ATTORNEY) "E a erose.complaint -or Response (Famgy Law) seeking affirmative relief- Is on file, the asomey for crocamomplainant (respondent) mual sign this consent If required by Code of Civil Procedure section 531 (I) or (I). (SIGNATUREi Attorney or party without attorney for:~ Plaintiff/Petitioner ~ Defendant/Respondent~ Cross Complainant (To be comp/e/ed by c/erk) 4. ~ Dismissal entered as requested on (dale): 5 ~ Dismissal entered on (dale): as to only (name): 6. ~ Dismissal not entered as requested for the following reasons (specify): 7. a. ~ Attorney or party withoul attorney notified on (dale): b. ~ Attorney or party without attorney nol notified. Filing party failed to provide~ a copy to be conformed ~ means to return conformed copy Clerk, by , Deputy paaetmz Form Adopted for Mandatory Uve Judhcial Counol of California CIV.IIO(Rev Jan 1,2013) REQUEST FOR DISMISSAL CodeolCI IPmcedure gael etceq.Gov Cade, 9 55531(ck Cal. Rules oi Court rule 3 1390 www cowiaca ac1 ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 10/31/2019 Clerk of the Court BY: DAVID YUEN Deputy Clerk DISMISSAL ENTERED 10/31/2019 By: DAVID YUEN Deputy Clerk 2 3 4 5 6 7 10 PROOF OF SERVICE I am a member of the State Bar of California, I am over the age of 18 and not a party to the within action. My business address is Law Offices of John L. Fitzgerald,44 Montgomery Street, Suite 3580, San Francisco, California 94104. On October 31, 2019, I served a copy of the documents described as: REQUEST FOR DISMISSAL WITHOUT PREJUDICE by placing a copy thereof enclosed in sealed envelopes addressed as follows: Pavel Ekmekchyan Sharon Brown Yu Mohandesi LLP 633 West Fifth Street Suite 2800 Los Angeles, CA 90071 12 13 14 15 16 17 18 19 20 21 22 BY FACSIMILE: On the date stated above, from my employer's facsimile machine number (415) 394-5003, I transmitted such document(s) by facsimile to the persons listed above at the facsimile machine telephone number listed above, which is the number last given by that person on a document he or she has filed in this action and served on my employer. The transmission was reported as complete and without error, and a transmission report properly issued by the transmitting machine, a true and correct copy of which is attached hereto pursuant to California Rule of Court, Rule 2008(e)(4). [ ] BY PERSONAL DELIVERY: I caused to be delivered the above named document(s) by personal delivery. [ ] BY OVERNIGHT DELIVERY: I deposited in a box or other facility regularly maintained by FedEx, DHL, Ovemite Express, an express service carrier, or delivered to a courier or driver authorized by said express carrier to receive documents, the above named document(s) at San Francisco, California, charges prepaid, marked for delivery on the following business day. [X] U.S. MAIL:by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California, addressed as set forth above. 23 24 I declare under penalty ofperjury under the laws of California, that the foregoing is true and correct. Executed on October 31, 2019, at San Francisc C 1'f 25 26 27 28 Lole Offlees of Jo/Io L Fir~ere/4 4NoTlcE oF DEPoslTloN of NEIl PENN FIN INcl 'lL D/A/N SNELLPDLNT AloATGNGE SEAviclNG