request for dismissal without prejudiceCal. Super. - 1st Dist.August 9, 2019CIV-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY KRISTEN SLEEZER, SBN 321178 File N o . 1 8 - 1 8 7 6 4 - 0 NELSON & KENNARD 5011 Dudley Blvd, Bldg 2 5 0 , Bay G, McClellan, CA 95652 P . O . Box 13807 Sacramento, CA 95853 TELEPHONE NO: ( 9 1 6 ) 9 2 0 - 2 2 9 5 FAX NO. (Optional): ( 91 6 ) 920-0682 E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): CAPITAL ONE BANK ( U S A ) , N . A . SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO STREET ADDRESS: 4 0 0 McAllister Street MAILING ADDRESS: 4 0 0 McAllister Street CITY AND ZIP CODE: San Francisco, CA 9 4 1 0 2 BRANCH NAME: LIMITED CIVIL CASE PLAINTIFF/PETITIONER: CAPITAL ONE BANK (USA) I N . A . DEFENDANT/RESPONDENT: JOSEPH L ROQUE, et a l . CASE NUMBER: REQUEST FOR DISMISSAL C G C - 1 8 - 5 7 2 2 5 0 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) m on (date): on (date): Attorney or party wit out attorney for: [ X ) Plaintiff/Petition r [ J DefendanURespondent 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. (TYPE OR PRINT NAME OF [ X ] ATTORNEY [ ] OR PARTY WITHOUT ATTORNEY) Date: August 1 , 2019 KRISTEN SLEEZER 1 . TO THE CLERK: Please dismiss this action as follows: a. (1) [ J With prejudice (2) [ X J Without prejudice b. (1) [ J Complaint (2) [ J Petition (3) [ J Cross-complaint filed by (name): (4) [ J Cross-complaint filed by (name): (5) [ X J Entire action of all parties and all causes of action (6) [ J Other (specify):* 2. (Complete in all cases except family law cases.) The court [ J did [ X ) did not waive court fees and costs for a party in this case. the clerk. If the court fees and costs were waived; the declaration on the back of this form must be comp/ ted). 3. TO THE CLERK: Consent to the above-dismissal is hereby given.** Date: (TYPE OR PRINT NAME OF [ ] ATTORNEY [ ] OR PARTY WITHOUT ATTORNEY) If a cross-complaint -- or Response (Family Law) seeking affirmative relief-is on file, the attorney for the cross-complainant (respondent) must sign this consent if required by Code of Civil Procedure section 581 (i) or U). (SIGNATURE) Attorney or party without attorney for: [ J Plaintiff/Petitioner [ J DefendanURespondent J 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. J 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 conform [ ) means to return confirmed copy Date: Clerk, by , Deputy Page 1 of 2 Form Adopted for Mandatory Use REQUEST FOR DISMISSAL Judicial Council of California CV-110 !Rev. Jan. 1 , 2013] I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Code of Civil Procedure,§ 581 et seq. Gov. Code §68637(c); Cal. Rules of Court, rule 3.1390 www.courtinfo.ca.gov ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 08/05/2019 Clerk of the Court BY: JOSE RIOS-MERIDA Deputy Clerk DISMISSAL ENTERED 08/05/2019 By: JOSE RIOS-MERIDA Deputy Clerk PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CAPITAL ONE BANK ( U S A ) , N . A . JOSEPH L ROQUE, et a l . CASE NUMBER: CGC-18-572250 CIV-110 COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS If a party whose court fees and costs were i n i t i a l l y waived has recovered or will recover $ 1 0 , 0 0 0 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 fees and costs in this action for (name): 2. The person in item 1 (check one below): a. [ ] is not recovering anything of value by this action. b. [ ] is recovering less than $ 1 0 , 0 0 0 in value by this action. c. [ ] is recovering $ 1 0 , 0 0 0 or more in value by this action. (If item 2c is checked, item 3 must be completed.) 3. [ ] All court fees and 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. Date: (TYPE OR PRINT NAME OF [ ] ATTORNEY [ ] PARTY MAKING DECLARATION) (SIGNATURE) CV-110 [Rev. January 1 , 2013] REQUEST FOR DISMISSAL Page 2 of 2 PLAINTIFF/PETITIONER: CAPITAL ONE BANK ( U S A ) , N . A . DEFENDANT/RESPONDENT: JOSEPH L ROQUE, et a l . PROOF OF SERVICE State of California County of Sacramento CIV-110 CASE NUMBER: CGC-18-572250 I am an employee in the County aforesaid; I am over the age of eighteen years and not a party to the within entitled action; my business address is 5 0 1 1 Dudley Blvd, Bldg 2 5 0 , Bay G , McClellan, California 9 5 6 5 2 . AUG O 2 2019 On , I served the within documents: -����������- REQUEST FOR DISMISSAL on the parties l i s t e d below in said action by placing a true and correct copy thereof enclosed in a sealed envelope with postage thereon fully prepaid in the United States mail at Sacramento, California, addressed as set forth below. I declare under penalty of perjury under the laws of the State of California that the foregoing i s true and correct and that this declaration was executed on --AHf'UG1-11l-f-J2........,2-e�-,9---' at McClellan, County of Sacramento, C a l i f o r n i a . RADOSLAVA BURGETT Addressed and mailed t o : JOSEPH L ROQUE 2921 TARAVAL ST APT 1 SAN FRANCISCO, CA 941 16-2163