request for dismissal

Cal. Super. - 1st Dist.July 9, 2021

Page 1 of 2 Form Adopted for Mandatory Use Judicial Council of California CIV-110 [Rev. Jan. 1, 2013] REQUEST FOR DISMISSAL Code of Civil Procedure, § 581 et seq. Gov. Code, § 68637(c); Cal. Rules of Court, rule 3.1390 www.courts.ca.gov CIV-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Jason W. Tang, SBN 314337 Thomas J. Sebourn, SBN 279272 Carina M. Jordan, SBN 302099 Erin E. Patterson, SBN 262285 Patrick J. Layman, SBN 59643 Nicholas J. Babilis, SBN 291676 Shane T. Wate, SBN 302738 SUTTELL & HAMMER, APC TELEPHONE NO: (888) 788-8355 PO BOX C-90006 BELLEVUE, WA 98009 FAX NO. (Optional) (425) 453-3239 File No: 606913.001 ATTORNEY FOR (Name): Barclays Bank Delaware SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO STREET ADDRESS: 400 McAllister Street, Room 103 MAILING ADDRESS: 400 McAllister Street, Room 103 CITY AND ZIP CODE: San Francisco CA 94102 BRANCH NAME: Civic Center Courthouse PLAINTIFF: Barclays Bank Delaware Defendant: Nesi L Barini REQUEST FOR DISMISSAL CASE NUMBER: CGC-18-568892 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) [ ] Without prejudice b. (1) [ ] Complaint (2) [ ] Petition (3) [ ] Cross-complaint filed by (name): on (date): (4) [ ] Cross-complaint filed 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. If court fees and costs were waived, the declaration on the back of this form must be completed). Dated _______________________________ ( ) Nicholas J. Babilis, SBN 291676 ( ) Carina M. Jordan, SBN 302099 SignHere ( ) 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 (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 specified cross-complaints only, so state and identify the parties, causes of action, or cross- complaints to be dismissed. (SIGNATURE) Attorney or party without attorney for: [X] Plaintiff/Petitioner [ ] Defendant/Respondent [ ] Cross-Complainant 3. TO THE CLERK: Consent to the above dismissal is hereby given.** Date:  (TYPE OR PRINT NAME OF [ ] ATTORNEY [ ] 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: [ ] Plaintiff/Petitioner [ ] Defendant/Respondent [ ] Cross-Complainant (To be completed by clerk) 4. [ ] Dismissal entered as requested on (date): 5 [ ] Dismissal entered on (date): as to only (name): 6. [ ] Dismissal not entered as requested for the following reasons (specify): 7. a. [ ] Attorney or party without attorney 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: Clerk, by , Deputy July 9, 2021 X ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 07/09/2021 Clerk of the Court BY: MADONNA CARANTO Deputy Clerk DISMISSAL ENTERED 07/09/2021 By: MADONNA CARANTO Deputy Clerk Page 2 of 2 Form Adopted for Mandatory Use Judicial Council of California CIV-110 [Rev. Jan. 1, 2013] REQUEST FOR DISMISSAL Code of Civil Procedure, § 581 et seq. Gov. Code, § 68637(c); Cal. Rules of Court, rule 3.1390 www.courts.ca.gov CIV-110 PLAINTIFF: Barclays Bank Delaware CASE NUMBER: CGC-18-568892 Defendant: Nesi L Barini 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 2c is checked, item 3 must be completed.) 3. All court fees and court costs that were waived in this action have been paid to the court (check one): [ ] Yes [ ] No I 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) PROOF OF SERVICE STATE OF Washington, COUNTY OF King} ss. I am a resident of the United States and employed in the County of King, Washington; I am over the age of 18 years and not a party to the within entitled action; my business address is PO Box C-90006, Bellevue WA 98009. On dttx1 ______________________________, I served the foregoing document, described as REQUEST FOR DISMISSAL on the interested parties to said action by the following means: X (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 thereof by 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 to the interested parties as shown below atx ________ a.m./p.m. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on dttx1 _______________________________, at Bellevue, King, Washington. [X] Legal Assistant [ ] Attorney Signer2Sig ______________________________ ( ) Kristin Newton ( ) Phillip E. Gendro ( ) Christian Obando ( ) KC Gidewall ( ) Aqdar Awadh ( ) Jennifer Chavira ( ) Sumer DeRosa ( ) Victoria Wheeler ( ) Jana Macklin ( ) Brittany Dinkins ( ) Cody Baker ( ) Angelo Tadrous ( ) Xenia Chiles ( ) Alexia Nono ( ) Austin Edwards ( ) Jasmine Lee ( ) Monica Brodhacker ( ) Patty Canapi ( ) Jacob Batts NAME AND ADDRESS OF EACH PERSON SERVED: Nesi L Barini 240 O'Farrell Street # 521 San Francisco CA 94102-2007 7/9/2021 X 7/9/2021