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CIV-110
ATTORNEY OR PARTYWITHOUT ATTORNEY (Name, State Bar number, and address) :
FOR COURT USE ONLY
WILLIAM C. JOHNSON, ESQ. SBN: 85224
BENNETT & JOHNSON LLP
1939 HARRISON ST, STE 200, OAKLAND, CA 94612
TELEPHONE NO.: (510) 444-5020 FAX NO. (OptionaQ:
E-MAIL ADDRESS (Optional): william@bennettjohnsonlaw.com
ATTORNEY FOR (Name): Plaintiff, MARY DIESCH
ELECTRONICALLY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
STREET ADDREss:400 McAllister Street F I L E D
Superior Court of California,
MAILINGADDREss.-400 McAllister Street County of San Francisco
c1TY AND zip coDE: San Francisco, CA 94102
BRANCH NAME: 04/21/2022
Clerk of the Court
PLAINTIFF/PETITIONER: MARY DIESCH BY: VANESSA WU
Deputy Clerk
DEFENDANT/RESPONDENT: CAL-PACIFIC CONSTRUCTION, INC., et al.
REQUEST FOR DISMISSAL CASE NUMBER: CGC-20-585978
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)[iJ With prejudice (2) D Without prejudice
b. (1)D Complaint (2) D Petition
(3) D Cross-complaint filed by (name) : on (date) :
(4) D Cross-complaint filed by (name) : on (date) :
(5) W Entire action of all parties and all causes of action
(6)[xJ Other (specify):* Each side to bear its own costs and attorney fees .
2. (Complete in all cases except family law cases.)
The court D did [xJ did not waive court fees and costs for a party in is · ormation may be obtained from
the clerk. If court fees and costs were waived,
the declaration on the ba 'be completed) .
Date: 4/21/2022
WILLIAM .C..J.OHNSON,.ESQ . . .. . . . . ....... . .. .
(TYPE ORPRINT NAME OF [xJ ATTORNEY D PARTYWITHOUT ATTORNEY) (SIGNATURE)
A
*If dismissa l requesled is of specified parties only of specified causes of action hout attorney for:
only , or of specified
cross-<:omplalnts
only I
so stateand identify the parties,
causes ol action. or cross-complaints to be alsmissed. D DefendanURespondent
D Cross :..Complainant
3. TO THE CLERK: Consent to the above dismissal is hereby given.**
Date:
D
(TYPE OR PRINT NAME OF ATTORNEY D PARTY WITHOUT ATTORNEY) â–º (SIGNATURE)
•• If a
cross-complaint -
orResponse (Family Law)
seekingaffirmative Attorney or party without attorney for:
is on file , the a1tomey for cross-complainant (respondent) must
reliel -
D
sign this consent if required by Code of Civil Procedure section 581 (I)Plaintiff/Petitioner D DefendanURespondent
or 0) .
D Cross-Complainant
(To be completed by clerk)
4. D Dismissal entered as requested on (date) :
5 D Dismissal entered on (date) : as to only (name) :
DISMISSAL ENTERED
6. D Dismissal not entered as requested for the following reasons (specify): 04/21/2022
By: VANESSA WU
Deputy Clerk
7. a. D Attorney or party without attorney notified on (date):
b. D Attorney or party without attorney not notified. Filing party failed to provide
D a copy to be conformed D means to return conformed copy
Clerk, by _ __ _ _ _ _ _ _ __ _ _ _ __ __ _ , Deputy
Date:
Page 1 of2
Form Adopted for Mandatory Use Code of Civil Procedure, § 581 et seq.;
Judicial Council of California REQUEST FOR DISMISSAL Gov. Code, § 6a637(c); Cal. Rules of Courl, rule 3.1390
CIV-110 [Rev. Jan. 1, 2013] Westlawlloc &Fonn Blilder
www. courts. ca.gov
CIV-110
PLAINTIFF/PETITIONER: MARY DIESCH CASE NUMBER:
DEFENDANT/RESPONDENT: CAL-PACIFIC CONSTRUCTION, INC., et al. CGC-20-585978
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. D not recovering anything of value by this action.
b. D recovering less than $10,000 in value by this action.
c. D recovering $10,000 or more in value by this action. (If item 2c is checked, item 3 must be completed.)
3.D D
All court fees and court costs that were waived in this action have been paid to the court (check one} : Yes D No
I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.
Date: _ __ _ _ __ _ _ __
WILLIAM C. JOHNSON ESO.
(TYPE OR PRINT NAME OF [i] ATTORNEY D PARTY MAKING DECLARATION) â–º (SIGNATURE)
CIV-110 [Rev, January 1, 2013] Page 2 of 2
REQUEST FOR DISMISSAL
PROOF OF SERVICE
1 Diesch v. Cal Pacific Construction Inc., et al;
2 I am employed in the County of Alameda, State of California.
I am over the age of eighteen (18) years and not a party to the within action. My
3
business address is BENNETT & JOHNSON LLP, 1939 Harrison Street, Suite 200, Oakland,
4 California 94612. On April 21, 2022 I served the within:
REQUEST FOR DISMISSAL
5
on the parties to this action by placing a true copy thereof in a sealed envelope, addressed as
6
follows:
7
Rikus R. Locati, Esq.
8 BREMER WHYTE BROWN & O'MERA, LLP
300 Frank H. Ogawa Plaza, Suite 355
9 Oakland, California 94612
Tel: (510) 540-4881
10 Fax: (510) 540-4889
Email: : rlocati@bremerwhyte.com; shjohnson@bremerwhyte.com
11 Attorneys for Defendants CAL PACIFIC CONSTRUCTION, INC. , and CARMEN BORROMEO
12 D (BY MAIL) I placed each such sealed envelope with postage thereon fully prepared for
first-class mail, for collection and mailing at Oakland, California, following ordinary business
13 practices. I am readily familiar with the practice of BENNETT & JOHNSON LLP for processing
of correspondence, said practice being that in the course of ordinary business, correspondence
14 is deposited in the United States Postal Service the same day it is posted for processing.
15 D (BY OVERNIGHT DELIVERY) I enclosed the documents in an envelope or package
provided by an overnight delivery carrier and addressed to the person(s) at the address(es)
16 listed above. I placed the envelope or package for collection and overnight delivery at an office
or a regularly utilized drop box of the overnight delivery carrier.
17
D (BY MESSENGER) I served the documents by placing them in an envelope or package
18 and providing them to a messenger for service to be delivered by hand to the address(es) listed .
19 D (BY FACSIMILE) Based on the agreement of the parties to accept service by fax
transmission, I caused said document to be transmitted by Facsimile machine to the number
20 indicated after the address(es) noted above. No error was reported by the fax machine that I
used.
21
!SJ (BY EMAIL OR ELECTRONIC TRANSMISSION) Based on an agreement between the
22 parties and/or as a courtesy, I sent the documents to the person(s) at the email address(es)
listed above. I did not receive, within a reasonable time after the transmission, any electronic
23 message or other indication that the transmission was unsuccessful.
24 I declare under penalty of perjury under the laws of the State of California, that the
foregoing is true and correct. Executed at Oakland, California, on April 21, 2022.
25
26
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28
Bennett
JoHnsonLLP
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CIV-110 ATTORNEY OR PARTYWITHOUT ATTORNEY (Name, State Bar number, and address) : FOR COURT USE ONLY WILLIAM C. JOHNSON, ESQ. SBN: 85224 BENNETT & JOHNSON LLP 1939 HARRISON ST, STE 200, OAKLAND, CA 94612 TELEPHONE NO.: (510) 444-5020 FAX NO. (OptionaQ: E-MAIL ADDRESS (Optional): william@bennettjohnsonlaw.com ATTORNEY FOR (Name): Plaintiff, MARY DIESCH ELECTRONICALLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO STREET ADDREss:400 McAllister Street F I L E D Superior Court of California, MAILINGADDREss.-400 McAllister Street County of San Francisco c1TY AND zip coDE: San Francisco, CA 94102 BRANCH NAME: 04/21/2022 Clerk of the Court PLAINTIFF/PETITIONER: MARY DIESCH BY: VANESSA WU Deputy Clerk DEFENDANT/RESPONDENT: CAL-PACIFIC CONSTRUCTION, INC., et al. REQUEST FOR DISMISSAL CASE NUMBER: CGC-20-585978 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)[iJ With prejudice (2) D Without prejudice b. (1)D Complaint (2) D Petition (3) D Cross-complaint filed by (name) : on (date) : (4) D Cross-complaint filed by (name) : on (date) : (5) W Entire action of all parties and all causes of action (6)[xJ Other (specify):* Each side to bear its own costs and attorney fees . 2. (Complete in all cases except family law cases.) The court D did [xJ did not waive court fees and costs for a party in is · ormation may be obtained from the clerk. If court fees and costs were waived, the declaration on the ba 'be completed) . Date: 4/21/2022 WILLIAM .C..J.OHNSON,.ESQ . . .. . . . . ....... . .. . (TYPE ORPRINT NAME OF [xJ ATTORNEY D PARTYWITHOUT ATTORNEY) (SIGNATURE) A *If dismissa l requesled is of specified parties only of specified causes of action hout attorney for: only , or of specified cross-<:omplalnts only I so stateand identify the parties, causes ol action. or cross-complaints to be alsmissed. D DefendanURespondent D Cross :..Complainant 3. TO THE CLERK: Consent to the above dismissal is hereby given.** Date: D (TYPE OR PRINT NAME OF ATTORNEY D PARTY WITHOUT ATTORNEY) ► (SIGNATURE) •• If a cross-complaint - orResponse (Family Law) seekingaffirmative Attorney or party without attorney for: is on file , the a1tomey for cross-complainant (respondent) must reliel - D sign this consent if required by Code of Civil Procedure section 581 (I)Plaintiff/Petitioner D DefendanURespondent or 0) . D Cross-Complainant (To be completed by clerk) 4. D Dismissal entered as requested on (date) : 5 D Dismissal entered on (date) : as to only (name) : DISMISSAL ENTERED 6. D Dismissal not entered as requested for the following reasons (specify): 04/21/2022 By: VANESSA WU Deputy Clerk 7. a. D Attorney or party without attorney notified on (date): b. D Attorney or party without attorney not notified. Filing party failed to provide D a copy to be conformed D means to return conformed copy Clerk, by _ __ _ _ _ _ _ _ __ _ _ _ __ __ _ , Deputy Date: Page 1 of2 Form Adopted for Mandatory Use Code of Civil Procedure, § 581 et seq.; Judicial Council of California REQUEST FOR DISMISSAL Gov. Code, § 6a637(c); Cal. Rules of Courl, rule 3.1390 CIV-110 [Rev. Jan. 1, 2013] Westlawlloc &Fonn Blilder www. courts. ca.gov CIV-110 PLAINTIFF/PETITIONER: MARY DIESCH CASE NUMBER: DEFENDANT/RESPONDENT: CAL-PACIFIC CONSTRUCTION, INC., et al. CGC-20-585978 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. D not recovering anything of value by this action. b. D recovering less than $10,000 in value by this action. c. D recovering $10,000 or more in value by this action. (If item 2c is checked, item 3 must be completed.) 3.D D All court fees and court costs that were waived in this action have been paid to the court (check one} : Yes D No I declare under penalty of perjury under the laws of the State of California that the information above is true and correct. Date: _ __ _ _ __ _ _ __ WILLIAM C. JOHNSON ESO. (TYPE OR PRINT NAME OF [i] ATTORNEY D PARTY MAKING DECLARATION) ► (SIGNATURE) CIV-110 [Rev, January 1, 2013] Page 2 of 2 REQUEST FOR DISMISSAL PROOF OF SERVICE 1 Diesch v. Cal Pacific Construction Inc., et al; 2 I am employed in the County of Alameda, State of California. I am over the age of eighteen (18) years and not a party to the within action. My 3 business address is BENNETT & JOHNSON LLP, 1939 Harrison Street, Suite 200, Oakland, 4 California 94612. On April 21, 2022 I served the within: REQUEST FOR DISMISSAL 5 on the parties to this action by placing a true copy thereof in a sealed envelope, addressed as 6 follows: 7 Rikus R. Locati, Esq. 8 BREMER WHYTE BROWN & O'MERA, LLP 300 Frank H. Ogawa Plaza, Suite 355 9 Oakland, California 94612 Tel: (510) 540-4881 10 Fax: (510) 540-4889 Email: : rlocati@bremerwhyte.com; shjohnson@bremerwhyte.com 11 Attorneys for Defendants CAL PACIFIC CONSTRUCTION, INC. , and CARMEN BORROMEO 12 D (BY MAIL) I placed each such sealed envelope with postage thereon fully prepared for first-class mail, for collection and mailing at Oakland, California, following ordinary business 13 practices. I am readily familiar with the practice of BENNETT & JOHNSON LLP for processing of correspondence, said practice being that in the course of ordinary business, correspondence 14 is deposited in the United States Postal Service the same day it is posted for processing. 15 D (BY OVERNIGHT DELIVERY) I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the person(s) at the address(es) 16 listed above. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. 17 D (BY MESSENGER) I served the documents by placing them in an envelope or package 18 and providing them to a messenger for service to be delivered by hand to the address(es) listed . 19 D (BY FACSIMILE) Based on the agreement of the parties to accept service by fax transmission, I caused said document to be transmitted by Facsimile machine to the number 20 indicated after the address(es) noted above. No error was reported by the fax machine that I used. 21 !SJ (BY EMAIL OR ELECTRONIC TRANSMISSION) Based on an agreement between the 22 parties and/or as a courtesy, I sent the documents to the person(s) at the email address(es) listed above. I did not receive, within a reasonable time after the transmission, any electronic 23 message or other indication that the transmission was unsuccessful. 24 I declare under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed at Oakland, California, on April 21, 2022. 25 26 27 ~~- 28 Bennett JoHnsonLLP