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CIV-110
ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO:152290 FOR COURT USE ONLY
NAME:Jeffrey 8. Kirschenbaum
FIRM NAME: Kirschenbaum Law
STREET ADDRESS:328 15th Street
CiTY: Oakland STATE: CA 946 i 2
ZIP CODE:
TELEPHONE NO.:510-740-9260 FAX NO.:
ELECTRONICALLY
E-MAIL ADDRESS:jeff@kirschenbaumlaw.co'm F I L E D
ATTORNEY FOR (Name):Plaintiff, Ton Kiang Restaurant, Inc. Superior Court of California,
County of San Francisco
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
STREET ADDRESS:400 McAllister Street 04/13/2021
MAILING ADDRESS: Clerk of the Court
San Francisco, CA 94102
cITY AND zIP coDE: BY: VANESSA WU
Deputy Clerk
BRANCH NAME:
Plaintiff/Petitioner:
Ton Kiang Restaurant, Inc.
DefendanURespondent: William Wong, WWJW Family LLC, a CA LLC
CASE NUMBER:
REQUEST FOR DISMISSAL CGC-19-574262
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) CK] With prejudice (2) C:=J Without prejudice
b, (1) l x ! Complaint (2) CJ Petition
(3) c=J Cross-complaint filed by (name): on (date):
(4) c=J Cross-complaint filed by (name): on (date):
( 5)c=J Entire action of all parties and all causes of action
(6) C:J Other (specify):*
2. (Complete in all cases except family law cases.)
The court c=J did ~ 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:April 13, 2021
Jeffrey B. Kirschenbaum
~
(TYPE OR PRINT NAME OF ATTORNEY CJ PARTY WITHOUT ATTORNEY) â–º
Attor
. l,---
{SIGNATURE)
or party without attorney for:
*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
I
action, or cross-complaints to be dismissed.
[!] Plaintiff/Petitioner c=J Defendant/Respondent
c:J Cross Complainant ·
3. TO THE CLERK: Consent to the above dismissal is hereby given.**
Date:
c=J
(TYPE OR PRINT NAME OF ATTORNEY c=J PARTY WITHOUT ATTORNEY) â–º (SIGNATURE)
0
If a cross-complaint - or Response (Family Law} seeking affirmative Attorney or party without attorney for:
c:J
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 U).
Plaintiff/Petitioner c:J DefendanURespondent
c:J Cross Complainant
(To be completed by clerk)
4. CJ Dismissal entered as requested on (date): DISMISSAL ENTERED
5 CJ Dismissal entered on (date): as to only (name): 04/13/2021
6. c=J Dismissal not entered as requested for the following reasons (specify): By: VANESSA WU
Deputy Clerk
7. a. c=J Attorney or party without attorney notified on (date):
b. CJ Attorney or party without attorney not notified. Filing party failed to provide
c:J a copy to be conformed CJ means to return conformed copy
Date: Clerk, by Deputy Page 1 of 2
Form Adopted for Mandatory Use Code of Civil Procedure,§ 581 et seq.; Gov. Code,
Judicial Council of Cslifomia REQUEST FOR DISMISSAL § 68637(c); Csl. Rules of Court, rule 3.1390
CIV-110 [Rev. Jan. 1, 2013) www.courts.ca.gov
CIV-110
CASE NUMBER:
Plaintiff/Petitioner: Ton Kiang Restaurant, Inc.
CGC-19-574262
Defendant/Respondent: William Wong, WWJW Family LLC, a CA LLC
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. c=J not recovering anything of value by this action.
b. c=J recovering less than $10,000 in value by this action.
c. c=J recovering $10,000 or more in value by this action. (If item 2c is checked, item 3 must be completed.)
3. c=J (check one):
All court fees and court costs that were waived in this action have been paid to the court Yes No
l declare under penalty of perjury under the laws of the State of California that the information above is true and correct.
Date:
l==:J ATTORNEY
(TYPE OR PRINT NAME OF CJ PARTY MAKING DECLARATION)
â–º (SIGNATURE)
CIV-110 [Rev. January 1, 2013] REQUEST FOR DISMISSAL Page 2 of 2
1 I am employed in the County of Alameda, State of California. I am over the age of 18 years
2 and not a party to this action. My business address is 328 15th Street, Oakland, California 94612.
3 On the date below, I served the attached document described as,
REQUEST FOR DISMISSAL WITH PREJUDICE
4
on the interested parties in this action:
5
6 Ryan K. J.Mau, Esq.
LAW OFFICE OF RYAN MAU, PC
7 333 Bush Street, 21 st Floor
San Francisco, CA 94104
8 Email: ryan@rmaulaw.com
9 BY MAIL: I enclosed the document in a sealed envelope addressed to the party(ies)
( )
listed above, with postage thereon fully prepaid and placed the envelope for collection
10
and mailing, following our ordinary business practices. I am readily familiar with this
business's practice for collecting and processing correspondence for mailing. On the
11
same day that correspondence is placed for collection and mailing, it is deposited in the
12 ordinary course of business with the United States Postal Service.
13 ( ) BY OVERNIGHT SERVICE: I enclosed the document in a sealed envelope(s)
addressed to the person( s) listed above. Then, I placed the envelope for collection and
14 overnight delivery by Federal Express, with receipts affixed thereto promising delivery
to the addressee(s) on the following business day.
15
( ) BY HAND DELIVERY: I enclosed true and correct copies of the documents in a
16 sealed envelope addressed to the party(ies) listed above. I caused said envelope(s) to be
17 delivered by a professional messenger or courier service, on the date below.
(X) BY EMAIL: I caused a true and correct copy(ies) of the above documents to be sent via
18
electronic service to the email address( es) listed above. I did not receive a notice
19 indicating delivery failure.
20 I declare under penalty of perjury under the laws of the state of California that the
21
foregoing is true and correct. Executed on ~.13,2021 , at Oakland~rnia.
22
23
j~)<-~7-1 6---------....
Dennis Clark
24
25
26
27
28
1
PROOF OF SERVICE
Preview
CIV-110 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO:152290 FOR COURT USE ONLY NAME:Jeffrey 8. Kirschenbaum FIRM NAME: Kirschenbaum Law STREET ADDRESS:328 15th Street CiTY: Oakland STATE: CA 946 i 2 ZIP CODE: TELEPHONE NO.:510-740-9260 FAX NO.: ELECTRONICALLY E-MAIL ADDRESS:jeff@kirschenbaumlaw.co'm F I L E D ATTORNEY FOR (Name):Plaintiff, Ton Kiang Restaurant, Inc. Superior Court of California, County of San Francisco SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco STREET ADDRESS:400 McAllister Street 04/13/2021 MAILING ADDRESS: Clerk of the Court San Francisco, CA 94102 cITY AND zIP coDE: BY: VANESSA WU Deputy Clerk BRANCH NAME: Plaintiff/Petitioner: Ton Kiang Restaurant, Inc. DefendanURespondent: William Wong, WWJW Family LLC, a CA LLC CASE NUMBER: REQUEST FOR DISMISSAL CGC-19-574262 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) CK] With prejudice (2) C:=J Without prejudice b, (1) l x ! Complaint (2) CJ Petition (3) c=J Cross-complaint filed by (name): on (date): (4) c=J Cross-complaint filed by (name): on (date): ( 5)c=J Entire action of all parties and all causes of action (6) C:J Other (specify):* 2. (Complete in all cases except family law cases.) The court c=J did ~ 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:April 13, 2021 Jeffrey B. Kirschenbaum ~ (TYPE OR PRINT NAME OF ATTORNEY CJ PARTY WITHOUT ATTORNEY) ► Attor . l,--- {SIGNATURE) or party without attorney for: *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 I action, or cross-complaints to be dismissed. [!] Plaintiff/Petitioner c=J Defendant/Respondent c:J Cross Complainant · 3. TO THE CLERK: Consent to the above dismissal is hereby given.** Date: c=J (TYPE OR PRINT NAME OF ATTORNEY c=J PARTY WITHOUT ATTORNEY) ► (SIGNATURE) 0 If a cross-complaint - or Response (Family Law} seeking affirmative Attorney or party without attorney for: c:J 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 U). Plaintiff/Petitioner c:J DefendanURespondent c:J Cross Complainant (To be completed by clerk) 4. CJ Dismissal entered as requested on (date): DISMISSAL ENTERED 5 CJ Dismissal entered on (date): as to only (name): 04/13/2021 6. c=J Dismissal not entered as requested for the following reasons (specify): By: VANESSA WU Deputy Clerk 7. a. c=J Attorney or party without attorney notified on (date): b. CJ Attorney or party without attorney not notified. Filing party failed to provide c:J a copy to be conformed CJ means to return conformed copy Date: Clerk, by Deputy Page 1 of 2 Form Adopted for Mandatory Use Code of Civil Procedure,§ 581 et seq.; Gov. Code, Judicial Council of Cslifomia REQUEST FOR DISMISSAL § 68637(c); Csl. Rules of Court, rule 3.1390 CIV-110 [Rev. Jan. 1, 2013) www.courts.ca.gov CIV-110 CASE NUMBER: Plaintiff/Petitioner: Ton Kiang Restaurant, Inc. CGC-19-574262 Defendant/Respondent: William Wong, WWJW Family LLC, a CA LLC 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. c=J not recovering anything of value by this action. b. c=J recovering less than $10,000 in value by this action. c. c=J recovering $10,000 or more in value by this action. (If item 2c is checked, item 3 must be completed.) 3. c=J (check one): All court fees and court costs that were waived in this action have been paid to the court Yes No l declare under penalty of perjury under the laws of the State of California that the information above is true and correct. Date: l==:J ATTORNEY (TYPE OR PRINT NAME OF CJ PARTY MAKING DECLARATION) ► (SIGNATURE) CIV-110 [Rev. January 1, 2013] REQUEST FOR DISMISSAL Page 2 of 2 1 I am employed in the County of Alameda, State of California. I am over the age of 18 years 2 and not a party to this action. My business address is 328 15th Street, Oakland, California 94612. 3 On the date below, I served the attached document described as, REQUEST FOR DISMISSAL WITH PREJUDICE 4 on the interested parties in this action: 5 6 Ryan K. J.Mau, Esq. LAW OFFICE OF RYAN MAU, PC 7 333 Bush Street, 21 st Floor San Francisco, CA 94104 8 Email: ryan@rmaulaw.com 9 BY MAIL: I enclosed the document in a sealed envelope addressed to the party(ies) ( ) listed above, with postage thereon fully prepaid and placed the envelope for collection 10 and mailing, following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the 11 same day that correspondence is placed for collection and mailing, it is deposited in the 12 ordinary course of business with the United States Postal Service. 13 ( ) BY OVERNIGHT SERVICE: I enclosed the document in a sealed envelope(s) addressed to the person( s) listed above. Then, I placed the envelope for collection and 14 overnight delivery by Federal Express, with receipts affixed thereto promising delivery to the addressee(s) on the following business day. 15 ( ) BY HAND DELIVERY: I enclosed true and correct copies of the documents in a 16 sealed envelope addressed to the party(ies) listed above. I caused said envelope(s) to be 17 delivered by a professional messenger or courier service, on the date below. (X) BY EMAIL: I caused a true and correct copy(ies) of the above documents to be sent via 18 electronic service to the email address( es) listed above. I did not receive a notice 19 indicating delivery failure. 20 I declare under penalty of perjury under the laws of the state of California that the 21 foregoing is true and correct. Executed on ~.13,2021 , at Oakland~rnia. 22 23 j~)<-~7-1 6---------.... Dennis Clark 24 25 26 27 28 1 PROOF OF SERVICE