request for dismissal

Cal. Super. - 1st Dist.November 6, 2019

SUTTELL 8 HAMMER, APC PO BOX C-90006 BELLEVUE, WA 98009 File No: 616683.001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Jason W. Tang, SBN 314337 Patrick J. Layman, SBN 59643 Carina M. Jordan, SBN 302099 Erin E. Patterson, SBN 262285 Nicholas J. Babilis, SBN 2916?6 Thomas J. Sebourn, SBN 2?9272 TELEPHONE NO: (888) 788-8355 FAX NO. (Optional) (425) 453-3239 fOR COURT USE OIVLY CIV-110 ATTORNEY FOR (i)tame): 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 Courlhouse PLAINTIFF: Barclays Bank Delaware Defendant: Tracy M Salyer REQUEST FOR DISMISSAL CASE NUMBER: CGC-18-572252 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.?70.) 1. TO THE CLERK: Please dismiss this action as follows: a. (1) [X] With prejudice (2) [ ] VVithout 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 ail cases except family law cases.) The court [ ] did [X] did not waive court fees and costs for a party in this case. (Thisinformation may be obtained from the clerk. If court fe s a d costs were waived, the declaration on the back of this form must be completed). Dated: ( ) Thomas J. Sebour, SBN 2792?2 ( ) Carina M. Jordan, SBN 302099 ( ) Nicholas J. Babilis, SBN 291676 ( ) Patrick J. Layman, SBN 59643 Erin E. Patterson, SBN 262285 Jason W. Tan, SBN 314337 (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, 3, TO THE CLERK: Consent to the above dismissal is hereby given.** Date: N RE) Attorney or party without attorney for: [X] Plaintiff/Petitioner [ ] Defendant/Respondent Cross-Complainant (TYPE OR PRINT NAME OF [ ] ATTORNEY f ] 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 (I). (SIGNATURE) Attorney or party without attorney for: [ ] PlaintifflPetitioner [ ] 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 partywithoutattorney notified on (date): b. [ ] Attorney or party without attorney not notified. Filing party failed to provide f ] a copy to be conformed [ ] means to return conformed copy Date: Clerk, by , Deputy Form Adopted for Mandatory Use Judicial Council of California CIV-110 [Rev. Jan. I, 2013] REQUEST FOR DISMISSAL Paie I of2 Code of Civil Procedure, v5 581 et seq, Gov. Code, ll 68637(c); Cal. Rules of Court, rule 3.1390 www,cnnrls.ca.gnv ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 09/19/2019 Clerk of the Court BY: MADONNA CARANTO Deputy Clerk DISMISSAL ENTERED 09/19/2019 By: MADONNA CARANTO Deputy Clerk PLAINTIFF: Barclays Bank Delaware Defendant: Tracy M Salyer CASE NUMBER: CGC-18-572252 CIV-110 COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS lf 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, g 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 (ci)eck 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. (ifitem 2cis 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) (SIGNATIJRE) Form Adopted for Mandatory Use Judicial Council of California CIV-110 [Rev. Jan. 1, 2013l REQUEST FOR DISMISSAL Pa e2of2 Code of Civil Procedure, ft 581 et seq. Gov. Code, IJ 68637(c); Cal. Rules of Court, ntle 3.1390 w~w vr. cour(re cn. gov 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 pa to the within entitled action; my business address is PO Box C-90006, Bellevue WA 98009.On, I served the foregoing document, described as REQUEST FOR DISMISSAL on the interested parties to said action by the following means: {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 0 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 at a.m./p.m. I declare und r penalty of erjury under the laws of the State of California that the foregoing is true and correct. Executed on , at Bellevue, King County, Washin n, [X] Legal Assistant [ ] Attorney ( ) Ashley Knowles ( ) Boris Sagal ( ) Daniela Krecar ( ) Kelly Putman ( ) Kristin Newton ( ) Miranda Jameson { ) Noor Almamori ( ) Rachelle Westphall ( ) Zachary Ott ( ) Angelic Ouk ( ) Courtney Matthew ( ) Mackenzie Taylor ( ) Tea Nguon ( ) Thacia Stirling ( ) Victoria Wheeler ( ) Pamela Lyons ( ) Shylo Dehart ( ) Sumer DeRosa ( ) Alicia Clark ( ) Madeleine Fries ( ) Sarah Carino ( Martin Montellano ) aricielo Tamayo { ) i Munoz ( ) Velocity Brooks ( ) Brenda Palomera ( ) Jason Barajas { ) Lucia M. Garcia NAME AND ADDRESS OF EACH PERSON SERVED: Paul Brisson 29911 Niguel Rd Unit 6083 - .Laguna-Niguel CA-92607-2403