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ClV-120
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, end address)
Ethan G. Solove, Esq. (SBN 308026)
Structure Law Group, LLP, 1754 Technology Dr Ste 135, San Jose, CA 95110
TELEPHONE NO.: 408-441-7500 FaxNo: 408-441-7501
EMAIL ADDRESS: esolove@structurelaw.com
ATTORNEY FOR (Name): Plaintiff Lion Electric Co
FOR COURT USE ONLY
ELECTRONICALLY
FILED
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
strEET Aporess: 400 McAllister Street
MAILING ADDRESS:
erry ano zip Cove; San Francisco, CA 94102
BRANCH NAME:
Supertor Court of Caltfornia,
County of San Francisco
11/04/2016
Clerk of the Court
BY-MADONNA CARANTO
PLAINTIFFIPETITIONER: Lion Electric Co.
DEFENDANT/RESPONDENT: Summit DCK, LLC, et al.
Deputy Clerk
NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE
[2] Personal Injury, Property Damage, or Wrongful Death
(1 Motor Vehicle — [_] Other
[1 Family Law
[J Eminent Domain
(1 Other (specify): Breach of Contract
CASE NUMBER:
CGC-16-550462
TO ATTORNEYS AND PARTIES WITHOUT ATTORNEYS: A dismissal was entered in this action by the clerk as shown on the
Request for Dismissal. (Attach a copy completed by the clerk.)
Date: November 4, 2016
Ethan G. Solove, Esq.
3
» CZ
(TYPE OR PRINT NAME OF
ATTORNEY [L__] PARTY WITHOUT ATTORNEY)
(SIGNATURE)
PROOF OF SERVICE
1. | am over the age of 18 and not a party to this cause. My residence or business address is:
2. 21] Lam a resident of or employed in the county where the mailing occurred. | served a copy of the Notice of Entry of
Dismissal and Request for Dismissal by mailing them, in a sealed envelope with postage fully prepaid, as follows:
a. [[] | deposited the envelope with the United States Postal Service.
b, [1] | placed the envelope for collection and processing for mailing following this business's ordinary practice with
which | am readily familiar. On the same day correspondence is placed for collection and mailing, it is deposited
in the ordinary course of business with the United States Postal Service.
c. Date of deposit: November 4, 2016
e. Addressed as follows (name and address):
SEE ATTACHMENT ONE
d. Place of deposit (city and state): San Jose, CA
3 (J I served a copy of the Notice of Entry of Dismissal and Request for Dismissal by personally delivering copies as shown below:
a. Name of person served:
b. Address at which person served:
©. On (date): d. At (time):
4. [51 | served a copy of the Notice of Entry of Dismissal and Request for Dismissal by electronically serving copies as shown below
(complete if electronic service is used based on a court order or agreement of the parties):
a, Name of person served:
b. Electronic service address of person served:
c. On (date): d. At (time):
e. Electronic service address from which | served the documents:
[1 Proof of electronic service is attached.
Proof of service on additional parties is attached.
| declare under penalty of perjury under the laws of the State of California that the
Date: November 4, 2016 )
¢-
Maichi Hoang
going is true and correct.
(TYPE OR PRINT NAME)
(SIGNATURE OF DECLARANT) Page 1 of 1
Form Adopted for Mandatory Use
Judicial Council of Caiifomia
cIV-120 fRev. January 1, 2012)
AND PROOF OF SERVICE
NOTICE OF ENTRY OF DISMISSAL
Code of Gill Procedure, § 581 ot so:
‘Cal Rules of Court, rule 3.4380
wnnw.courts.ca.govMC-025
SHORT TITLE:
LION ELECTRIC CO. v. SUMMIT DCK, LLC, et al.
‘CASE NUMBER:
CGC-16-550462
ATTACHMENT (Number): ONE
(This Attachment may be used with any Judicial Council form.)
Kevin J. Grochow, Esq.
Sam L. McDermott, Esq.
Wood, Smith, Henning & Berman LLP
5000 Birch Street, Suite 8500
Newport Beach, CA 92660
Richard J. Wittbrodt, Esq.
Molly E. Healy, Esq.
Gibbs Giden Locher Turner Senet & Wittbrodt LLP
1880 Century Park East, 12th Floor
Los Angeles, CA 90067
(if the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 2 of 2
Attachment are made under penalty of perjury.) (Add pages as required)
eae cE ATTACHMENT a
MC-025 (Rev. July 1, 2009] to Judicial Council FormCIV-110
[ATTORNEY OR PARTY WITHOUT ATTORNG: ATEONRN: 308028 FOR COURT USE ONLY
nine: Ethan‘, Solove, Esq.
FIRM NAME: Structure Law Group, LLP
staeet AobRess: 1754 Technology Drive, Sulte 135 DISMISSA
lor: San Jose STATE CA 2 CODE: 95110
Hreueetione no: 408-441-7500 RRND. 408-441-7501 I L ENTERED
E-NAL AODRESS; esolove@stiuclurelaw.com ROI
JArroRNeY FOR (Nemo: Plaintiff Lion Electrte Co. ee
[SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco F I LE D i
stacey AoRESS: 400 McAllister Street Superior Court of Calttornta, |
(MAILING ADDRESS: County of San Frencisco |
Jerry awo 2 cove: San Francisco, CA 94102 11/02/2016 i
BRANCH NAME: Clerk of the Court
PlaintifiPetition BY:SANDRA SCHIRO
Defendani/Respondent: Summit DCK, LLC Deputy Clerk
CASE NUMER
REQUEST FOR DISMISSAL CGC-16-550462
A conformed copy will not be retisrned 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.)
1. TO THE CLERK: Please dismiss this action as follows:
‘With prejudice (2) [[_] Without prejudice
b. (1) 57] Complaint (2) [7] Petition
(3) (J Cross-complaint fled by (name): on (date):
(4) [] Cross-complaint filed by (name); ‘on (date):
Entire action of ail parties and all causes of action ©
(8) [2] Other (specity:* /
2. (Complete in all cases except family law cases.)
The court [_] did [3] did not waive court fees and costs fora party in this case. (This information may be 5 obtained from the
olerk. If court fees and costs were walved, the declaration on the back of this must be completed),
Date: \\z }20Vo
Ethan G. Solove, Esq, >
(TYPE OR PRINT NAME OF Be] ‘ATTORNEY [___] PARTY WATHOUT ATTORNEY) ~ {SGNATURE)
‘if dismissal requested Is of specified parties only of specifled causes of action only, Attorney or party without attorney for:
‘oF of specified crass-complalnts only, so state ard identify the parties, causes of it i iF
telln. or fose-compnts to be damissed, Ba PlaintiP noe T] PefendantiRespondent
3. TO THE CLERK: Consent to the above dismissal is hereby given.**
Date: | |20¥6
Molly &. Healy, Esq. >
(VRE OF PRINT NAME OF “ArToRNeY [__] PARTY WITHIOUT ATTORNEY) donators) |
** ILa cross-complaint — or Response (Family Lav} acelsing affirmative Attomey or part} vino attorney v= \
party y
relief ~1s on le, the attorney for crass-complalnant (respondent) must sian
this consent if requited by Code of Clu Procedure section 881 (1 arQ). C1 ces Commlohen: (1 DefendantRespondent
(To be completed by clerk)
4, [7] Dismissal entered as requested.on (date):
5 [7] Dismissal entered on (date): as to only (name):
6. [7] Dismissal not entered as requested for the following reasons (specify):
7. a. () Attorney or party without attorney notified on (dato);
b. [J] Attomey or party without attomey not notified, Filing party failed to provide
[J acopy tobe conformed — [__] means to return conformed copy }
Date: Clerk, by Deputy Page 4 of 2
Berm pp Maeda Ut REQUEST FOR DISMISSAL One “Feostaren tn eca ao
{iv.at0 Rev. Jon, 1.2013} ‘wiva.courts.£3.000SHORT TITLE:
t~ Lion Electric Co. v. Summit DCK, LLC
‘CASE NUNBER:
CGC-16-550462
@
Signature;
a
10
1
TO THE CLERK: Consent to the above dismissal is hereby given:
21 Dated: jf k | (%
41 By: Sam L. McDermott, Esq., Wood &Smith, Henning & Berman LLP
Attorney for Cross-Complainant DCK California Construction, Inc. fa Summit DCK Inc.
26} (Required for verified pleading) The items on this page stated on information and belief are (specify item numbers, not line
numbers):
27
This page may be used with any Judicial Council form or any other paper fited with the court. ] pide
am apororadby ne
Judiclat earch of Seton
C070 (Haw January 1, 1987),
ADDITIONAL PAGE
Attach to Judicial Council Form or Other Court Paper
cRO201, SotClV-110
CASE NUMBER:
PlaintitvPetitioner: Lion Electric Co. eae
DefendantRespondent: Summit DCK, LLC
COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS
If a party whose court fees and costs were initially waived has recovered or wil! 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. Cade, § 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. [7] not recovering anything of value by this action,
b. [7] recovering less than $10,000 in value by this action.
©. [7] recovering $40,000 or more in value by this action. (if lem 2c Is checked, item 3 must be completed.)
3. £2) Allcourt feas and court costs that were waivad in this action have baen pais ta the court (check one): Yes No
| declare under penalty of perjury under the laws of the State of California that the information above is tue and correct,
Date: >
(Yee OR PRINT NAME OF [—] AtToRNEY [T] PARTY MAKES DECLARATION) (SIGNATURE)
Page 2of2
(c1v.at0 Rev. Jamwary 1, 2013} REQUEST FOR DISMISSAL.
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ClV-120 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, end address) Ethan G. Solove, Esq. (SBN 308026) Structure Law Group, LLP, 1754 Technology Dr Ste 135, San Jose, CA 95110 TELEPHONE NO.: 408-441-7500 FaxNo: 408-441-7501 EMAIL ADDRESS: esolove@structurelaw.com ATTORNEY FOR (Name): Plaintiff Lion Electric Co FOR COURT USE ONLY ELECTRONICALLY FILED SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco strEET Aporess: 400 McAllister Street MAILING ADDRESS: erry ano zip Cove; San Francisco, CA 94102 BRANCH NAME: Supertor Court of Caltfornia, County of San Francisco 11/04/2016 Clerk of the Court BY-MADONNA CARANTO PLAINTIFFIPETITIONER: Lion Electric Co. DEFENDANT/RESPONDENT: Summit DCK, LLC, et al. Deputy Clerk NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE [2] Personal Injury, Property Damage, or Wrongful Death (1 Motor Vehicle — [_] Other [1 Family Law [J Eminent Domain (1 Other (specify): Breach of Contract CASE NUMBER: CGC-16-550462 TO ATTORNEYS AND PARTIES WITHOUT ATTORNEYS: A dismissal was entered in this action by the clerk as shown on the Request for Dismissal. (Attach a copy completed by the clerk.) Date: November 4, 2016 Ethan G. Solove, Esq. 3 » CZ (TYPE OR PRINT NAME OF ATTORNEY [L__] PARTY WITHOUT ATTORNEY) (SIGNATURE) PROOF OF SERVICE 1. | am over the age of 18 and not a party to this cause. My residence or business address is: 2. 21] Lam a resident of or employed in the county where the mailing occurred. | served a copy of the Notice of Entry of Dismissal and Request for Dismissal by mailing them, in a sealed envelope with postage fully prepaid, as follows: a. [[] | deposited the envelope with the United States Postal Service. b, [1] | placed the envelope for collection and processing for mailing following this business's ordinary practice with which | am readily familiar. On the same day correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service. c. Date of deposit: November 4, 2016 e. Addressed as follows (name and address): SEE ATTACHMENT ONE d. Place of deposit (city and state): San Jose, CA 3 (J I served a copy of the Notice of Entry of Dismissal and Request for Dismissal by personally delivering copies as shown below: a. Name of person served: b. Address at which person served: ©. On (date): d. At (time): 4. [51 | served a copy of the Notice of Entry of Dismissal and Request for Dismissal by electronically serving copies as shown below (complete if electronic service is used based on a court order or agreement of the parties): a, Name of person served: b. Electronic service address of person served: c. On (date): d. At (time): e. Electronic service address from which | served the documents: [1 Proof of electronic service is attached. Proof of service on additional parties is attached. | declare under penalty of perjury under the laws of the State of California that the Date: November 4, 2016 ) ¢- Maichi Hoang going is true and correct. (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) Page 1 of 1 Form Adopted for Mandatory Use Judicial Council of Caiifomia cIV-120 fRev. January 1, 2012) AND PROOF OF SERVICE NOTICE OF ENTRY OF DISMISSAL Code of Gill Procedure, § 581 ot so: ‘Cal Rules of Court, rule 3.4380 wnnw.courts.ca.govMC-025 SHORT TITLE: LION ELECTRIC CO. v. SUMMIT DCK, LLC, et al. ‘CASE NUMBER: CGC-16-550462 ATTACHMENT (Number): ONE (This Attachment may be used with any Judicial Council form.) Kevin J. Grochow, Esq. Sam L. McDermott, Esq. Wood, Smith, Henning & Berman LLP 5000 Birch Street, Suite 8500 Newport Beach, CA 92660 Richard J. Wittbrodt, Esq. Molly E. Healy, Esq. Gibbs Giden Locher Turner Senet & Wittbrodt LLP 1880 Century Park East, 12th Floor Los Angeles, CA 90067 (if the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 2 of 2 Attachment are made under penalty of perjury.) (Add pages as required) eae cE ATTACHMENT a MC-025 (Rev. July 1, 2009] to Judicial Council FormCIV-110 [ATTORNEY OR PARTY WITHOUT ATTORNG: ATEONRN: 308028 FOR COURT USE ONLY nine: Ethan‘, Solove, Esq. FIRM NAME: Structure Law Group, LLP staeet AobRess: 1754 Technology Drive, Sulte 135 DISMISSA lor: San Jose STATE CA 2 CODE: 95110 Hreueetione no: 408-441-7500 RRND. 408-441-7501 I L ENTERED E-NAL AODRESS; esolove@stiuclurelaw.com ROI JArroRNeY FOR (Nemo: Plaintiff Lion Electrte Co. ee [SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco F I LE D i stacey AoRESS: 400 McAllister Street Superior Court of Calttornta, | (MAILING ADDRESS: County of San Frencisco | Jerry awo 2 cove: San Francisco, CA 94102 11/02/2016 i BRANCH NAME: Clerk of the Court PlaintifiPetition BY:SANDRA SCHIRO Defendani/Respondent: Summit DCK, LLC Deputy Clerk CASE NUMER REQUEST FOR DISMISSAL CGC-16-550462 A conformed copy will not be retisrned 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.) 1. TO THE CLERK: Please dismiss this action as follows: ‘With prejudice (2) [[_] Without prejudice b. (1) 57] Complaint (2) [7] Petition (3) (J Cross-complaint fled by (name): on (date): (4) [] Cross-complaint filed by (name); ‘on (date): Entire action of ail parties and all causes of action © (8) [2] Other (specity:* / 2. (Complete in all cases except family law cases.) The court [_] did [3] did not waive court fees and costs fora party in this case. (This information may be 5 obtained from the olerk. If court fees and costs were walved, the declaration on the back of this must be completed), Date: \\z }20Vo Ethan G. Solove, Esq, > (TYPE OR PRINT NAME OF Be] ‘ATTORNEY [___] PARTY WATHOUT ATTORNEY) ~ {SGNATURE) ‘if dismissal requested Is of specified parties only of specifled causes of action only, Attorney or party without attorney for: ‘oF of specified crass-complalnts only, so state ard identify the parties, causes of it i iF telln. or fose-compnts to be damissed, Ba PlaintiP noe T] PefendantiRespondent 3. TO THE CLERK: Consent to the above dismissal is hereby given.** Date: | |20¥6 Molly &. Healy, Esq. > (VRE OF PRINT NAME OF “ArToRNeY [__] PARTY WITHIOUT ATTORNEY) donators) | ** ILa cross-complaint — or Response (Family Lav} acelsing affirmative Attomey or part} vino attorney v= \ party y relief ~1s on le, the attorney for crass-complalnant (respondent) must sian this consent if requited by Code of Clu Procedure section 881 (1 arQ). C1 ces Commlohen: (1 DefendantRespondent (To be completed by clerk) 4, [7] Dismissal entered as requested.on (date): 5 [7] Dismissal entered on (date): as to only (name): 6. [7] Dismissal not entered as requested for the following reasons (specify): 7. a. () Attorney or party without attorney notified on (dato); b. [J] Attomey or party without attomey not notified, Filing party failed to provide [J acopy tobe conformed — [__] means to return conformed copy } Date: Clerk, by Deputy Page 4 of 2 Berm pp Maeda Ut REQUEST FOR DISMISSAL One “Feostaren tn eca ao {iv.at0 Rev. Jon, 1.2013} ‘wiva.courts.£3.000SHORT TITLE: t~ Lion Electric Co. v. Summit DCK, LLC ‘CASE NUNBER: CGC-16-550462 @ Signature; a 10 1 TO THE CLERK: Consent to the above dismissal is hereby given: 21 Dated: jf k | (% 41 By: Sam L. McDermott, Esq., Wood &Smith, Henning & Berman LLP Attorney for Cross-Complainant DCK California Construction, Inc. fa Summit DCK Inc. 26} (Required for verified pleading) The items on this page stated on information and belief are (specify item numbers, not line numbers): 27 This page may be used with any Judicial Council form or any other paper fited with the court. ] pide am apororadby ne Judiclat earch of Seton C070 (Haw January 1, 1987), ADDITIONAL PAGE Attach to Judicial Council Form or Other Court Paper cRO201, SotClV-110 CASE NUMBER: PlaintitvPetitioner: Lion Electric Co. eae DefendantRespondent: Summit DCK, LLC COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS If a party whose court fees and costs were initially waived has recovered or wil! 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. Cade, § 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. [7] not recovering anything of value by this action, b. [7] recovering less than $10,000 in value by this action. ©. [7] recovering $40,000 or more in value by this action. (if lem 2c Is checked, item 3 must be completed.) 3. £2) Allcourt feas and court costs that were waivad in this action have baen pais ta the court (check one): Yes No | declare under penalty of perjury under the laws of the State of California that the information above is tue and correct, Date: > (Yee OR PRINT NAME OF [—] AtToRNEY [T] PARTY MAKES DECLARATION) (SIGNATURE) Page 2of2 (c1v.at0 Rev. Jamwary 1, 2013} REQUEST FOR DISMISSAL. | |