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  • BANINGE VS JOHN BALFANZ HOMES, INC., A CALIFORNIA CORPORATION10-CV Construction Defect - Civil Unlimited document preview
  • BANINGE VS JOHN BALFANZ HOMES, INC., A CALIFORNIA CORPORATION10-CV Construction Defect - Civil Unlimited document preview
  • BANINGE VS JOHN BALFANZ HOMES, INC., A CALIFORNIA CORPORATION10-CV Construction Defect - Civil Unlimited document preview
  • BANINGE VS JOHN BALFANZ HOMES, INC., A CALIFORNIA CORPORATION10-CV Construction Defect - Civil Unlimited document preview
  • BANINGE VS JOHN BALFANZ HOMES, INC., A CALIFORNIA CORPORATION10-CV Construction Defect - Civil Unlimited document preview
  • BANINGE VS JOHN BALFANZ HOMES, INC., A CALIFORNIA CORPORATION10-CV Construction Defect - Civil Unlimited document preview
  • BANINGE VS JOHN BALFANZ HOMES, INC., A CALIFORNIA CORPORATION10-CV Construction Defect - Civil Unlimited document preview
  • BANINGE VS JOHN BALFANZ HOMES, INC., A CALIFORNIA CORPORATION10-CV Construction Defect - Civil Unlimited document preview
						
                                

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6128 A CIV-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Lucas A. Edwards, Esq. 279918 SHINNICK & RYAN LLP 4141 Jutland Drive, Suite 210 San Diego, CA 92117 teLepHone no: 619-239-5900 FAXNO. (Optionay: 619-239-1833 E-MAIL ADDRESS (Optiona): ledwards@srfirms.com ATTORNEY FOR (Name Plaintiffs ‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF Kern streetaooress: 1415 Truxtun Avenue MAILING ADDRESS: crvanoziecooe: Bakersfield, CA 93301 BRANCH NAME: PLAINTIFF/PETITIONER: DAANAAH JOSEPH BANINGE, et al. DEFENDANT/RESPONDENT: JOHN BALFANZ HOMES, INC., et al. CASE NUMBER: BCV-19-101330 (TSC) 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 ina class action. (Cal. Rules of Court, rules 3.760 and 3.770.) REQUEST FOR DISMISSAL . TO THE CLERK: Please dismiss this action as follows: a. (1) C) With prejudice (2) GK) Without prejudice b. (1) CL) Complaint (2) C) Petition (3) () Cross-complaint filed by (name): on (date): (4) (.) Cross-complaint filed by (name): on (date): (5) () Entire action of all parties and all causes of action (6) KK) Other (specify):* Please see attachment. 2. (Complete in all cases except family law cases.) The court [Jdid [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:June 7 , 2022 Lucas.A..Edwards,.Esq » AO CE (TYPE OR PRINT NAME OF =X} attorney [_] party witHour ATTORNEY) (SIGNATURE) * If dismissal requested is of specified parties only, of specified causes of action Attorney or party without attorney for: only, or of specified cross-complaints only, so state and identify the parties, Gauges of action, or cross-complaints to Be dismissed. CD PlaintitPetitioner Co DefendantiRespondent C) Cross-Complainant 3. TO THE CLERK: Consent to the above dismissal is hereby given.** Date: (TYPE OR PRINT NAME OF ~=[[_]) atrorney[_]) party witHour ATTORNEY) (SIGNATURE) * Ifa cross-complaint - or Response (Family Law) seeking affirmative Attorney or party without attorney for: respondent) must relief ~ is on file, the attorney for the cross-complainant faa sian this consent required by Code of Givi Procedure section S81(), C) Plaintiff/Petitioner (2) Defendant/Respondent or CC] Cross-Complainant (To be completed by clerk) 4. (C) 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. CC) Attorney or party without attorney notified on (date): b. [OL] Attorney or party without attorney not notified. Filing party failed to provide () acopy to be conformed [2] means to return conformed copy Date: Clerk, by Deputy . ut Page 1 of 2 Form Adopted for Mandatory Use . Code of Civil Procedure, § 581 et seq.: Judicial Council of California” ~—- (C3 | Essential REQUEST FOR DISMISSAL Gov. Code, § 685576) Gal Rulos of Cou, rule 31980 CIV-110 (Rev. Jan. 4, 2013), | @\Forms- wwnw.courts.ca.gov John Balfanz Homes - BakersfieldCIV-110 PLAINTIFF/PETITIONER: DAANAAH JOSEPH BANINGE, et al. | CASE NUMBER: DEFENDANTIRESPONDENT: JOHN BALEANZ HOMES, INC., et al. | BCV-19-101330 (TSC) 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 fees and costs in this action for (name): 2. The person in item 1 is (check one below): a. (2) not recovering anything of value by this action. b. (CJ recovering less than $10,000 in value by this action. c. [LJ recovering $10,000 or more in value by this action. (if item 2c is checked, item 3 must be completed.) 3. (2) All court fees and costs that were waived in this action have been paid to the court (check one): [J Yes [J No | declare under penalty of perjury under the laws of the State of California that the information above is true and correct. Date: (Type on PRINT NAME OF =} attorney [CJ] PARTY MAKING DECLARATION) (SIGNATURE) CIV-110 [Rev. Je 1, 2013] Rev January 1.2049] REQUEST FOR DISMISSAL Page 2 0f2 CEB’ | Essential cabcom | [2)Forms: John Balfanz Homes - BakersfieldMC-025 SHORT TITLE: CASE NUMBER: + Baninge, et al. v. John Balfanze Homes BCV-19-101330 (TSC) ATTACHMENT (Number): Lb(6)_ (This Attachment may be used with any Judicial Council form.) As to Plaintiff named in Plaintiffs' First Amendment to Complaint, Filed 7/8/19; Zijie W. Wang ONLY. All other Plaintiffs to remain in case. (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page |___ of L__ Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use ATTACHMENT ‘www courtinfo.ca gov Judicial Council of California ae MC-025 [Rev. July 1, 2009} to Judicial Council Form CEB’ | Essential John Balfanz Homes - Bakersfield CD | Forms: cebcom | {2]Forms6128 SUPERIOR COURT OF CALIFORNIA FOR THE COUNTY OF KERN FOR COURT USE ONLY TITLE OF CASE: DAANAAH JOSEPH BANINGE, et al. v. JOHN BALFANZ HOMES, INC., et al. ATTORNEY(S) NAME AND ADDRESS: Luke P. Ryan, Esq., SBN 167634 Phone: 619-239-5900 Lucas A. Edwards, Esq., SBN 279918 Fax: 619-239-1833 SHINNICK & RYAN LLP 4141 Jutland Drive, Suite 210 San Diego, CA 92117 ATTORNEY(S) FOR: HEARING: DATE-TIME-DEPT | CASE NUMBER: Plaintiffs, Baninge, et al. BCV-19-101330 (TSC) DECLARATION OF SERVICE I, the undersigned, declare: that I am, and was at the time of service of the papers herein referred to, over the age of 18 years, and not a party to the action; and J am employed in the County of San Diego, California, within which county the subject service occurred. My business address is 4141 Jutland Drive, Suite 210, San Diego, California 92117. On June 9, 2022 I served the following documents: REQUEST FOR DISMISSAL of which the original document(s), or a true and correct copy, is attached, by placing a copy thereof in a separate envelope for each addressee named hereafter, addressed to each such addressee respectively as follows: PLEASE SEE ATTACHED SERVICE LIST [X ] BY ELECTRONIC SERVICE (File & ServeXpress): I caused such document(s) to be electronically served through the LexisNexis File & Serve System for the above entitled case. This service complies with CCP §1010. The file transmission was reported as complete and a copy of the “File & ServeXpress Filing Receipt” page will be maintained with the original document(s) in our office. I declare under penalty of perjury that the foregoing is true correct. Executed on June 9, 2022, at San Diego, California. Senyifa Cruz, Declarant PROOF OF SERVICE (C.C.P. § 1013A and § 2105.5)DAANAAH JOSEPH BANINGE, et al., v. JOHN BALFANZ HOMES, INC., et al Kern County Superior Court Case No. BCV-19-101330 (TSC) File No. 6128 PLAINTIFFS’ SERVICE LIST John Balfanz Homes - Bakersfield Attorney/Firm: Phone: Fax: Party: Craig N. Braun, Esq. 661-322- 661-322-0650 JOHN BALFANZ HOMES, DAKE, BRAUN & MONJE 0991 cbraun@dbmllp.com INC. LLP lfallgatter@dbmillp.com (Courtesy copy) P.O. Box 1142 Bakersfield, CA 93302 Gino Cano, Esq. 916-630- 916-630-3848 PRATHER DRYWALL & LAW OFFICE OF PATRICK 3803 gceano@unitedfiregroup.com PLASTERING, INC.; J. CAMPBELL SEAN TODD COMPANY, 3880 Atherton Road INC.; Rocklin, CA 95765 KERN DOOR COMPANY, INC., a dissolved corporation; MIKE’S FENCING, INC.; ROSEDALE CONCRETE CONSTRUCTION, INC. Adrienne D. Cohen, Esq. 415-761- 415-329-2448 TK PACIFIC INC. Veronika J. Zappelli, Esq. 8655 adc@adcohen.com (Courtesy copy) LAW OFFICES OF vjz@adcohen.com ADRIENNE D. COHEN 7250 Redwood Blvd, Suite 300 Novato, CA 94945 Matthew H/ Printz, Esq. 619-230- 619-544-1568 Roofer — unknown name Murchison & Cumming LLP 6935 mprintz@murchisonlaw.com Symphony Towers 750 B DChristel@mutrchisonlaw.com Street, Suite 2550 San Diego, CA 92101 (C1 Below served if box is checked Al Clarke, Esq. 619-702- 619-702-0666 SPECIAL MASTER Clarke Mediation, Inc. 0660 al@acsettle.com Harbor Center 5055 North Harbor Dr., Ste. 320 San Diego, CA 92106 DISCOVERY REFEREE Esquire Solutions 661-832- 661-328-0922 DOCUMENT DEPOSITORY 1430 Truxtun Ave, Ste 777 1611 Bakersfield, CA 93302 PLAINTIFFS’ SERVICE LIST 1|Page