Party Notice: CHARLES TOBEY VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON EXHIBITS et al

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Preview
                                Civ-120

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name ang Address): TELEPHONE NO:
Mark S$. Kannett (SB 104572) (510) 658-3600
[Becherer, Kannett & Schweitzer
41255.Powell St...
Emeryville, CA 94608

FOR COURT USE ONLY

ELECTRONICALLY ©

ArrORN TOR fa DILLINGHAM CONSTRUCTION, N.A., INC. Superior Court of California,
wr peancrgcs auemaron covet” Cait Sn Faz
STATE OF CALIFORNIA MAR 30 201 0
- lerk of the Court
PLAINTIFF/PETITIONER: CHARLES F. TOBEY, et al. BY: CHRISTLE ARRIOLA
Deputy Clerk
DEFENDANT/RESPONDENT: ASBESTOS DEFENDANTS (BP)
NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE CASE NUMBER:
Personal Injury, Property Damage, or Wrongful Death
(J Motor Vehicle [X_] Other Asbestos CGC-07-274226

[] Family Law
L_] Eminent Domain
(J Other (specify):

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: March 25, 2010

(TYPE OR PRINT NAME OF = [XJ ATTORNEY [_] PARTY WITHOUT ATTORNEY) (SIGNATURE)

PROOF OF SERVICE

| am over the age of 18 and not a party to this cause. | am a resident of or employed in the county where the mailing occurred.
My residence or business address is:

1.

2. [_]| 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. | 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:

d. Place of deposit (city and state):
e. Addressed as follows (name and address):

3. [_"] | served a copy of the Notice of Entry of Dismissal and Request for Dismissal by personally delivering copies to the
person served as shown below:

Name: Date: Time: Address:

4, | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME) {SIGNATURE OF DECLARANT)

Page 1 of 1
Form Adept tor Mandatory Use NOTICE OF ENTRY OF DISMISSAL Code of Gv Procaciue.§ 861 et sea:
ewe Rew Saany 4, 2007) AND PROOF OF SERVICE sokitigns Gal Rubs of Cour, le 3.1390

teCIV-110

ATTORNEY OR PARTY WITHOUT ATTORNEY (Ne State Bar number, end addr
Alan R. Brayton (State Bar #$.B. #73685)
Brayton <> Purcel:

_|222 Rush Landing Road

Novato, CA 94948

E-MAIL ADDRESS (Optional):

ATTORNEY FOR Womo): Plaintiff, CHARLES F. TOBEY

TELEPHONE NO: (415) 898-1555 ax no, roptonan: (415) 898-1247

FOR COURT USE ONLY

‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
street avoress: 400 McAllister Street
MAILING ADDRESS:
cirvano ze cove: San Francisco 94102
BRANCH NAME:

County of San Fran

BY: CHRISTLE ARR!

PLAINTIFF/PETITIONER: CHARLES F. TOBEY, et al.
DEFENDANWRESPONDENT: ASBESTOS DEFENDANTS (BP)

ELECTRONICALLY
FILED

Superior Court of California,

MAR 05 2010
Clerk of the Court

Deputy Clerk

cisco

LOLA,

REQUEST FOR DISMISSAL
Personal Injury, Property Damage, or Wrongful Death

[=] Motor Vehicle [J] Other
(] Family Law [7] Eminent Domain
[&] other (specify) : Asbestos

CASE NUMBER:

CGC-07-274226

~ A conformed copy will not be returned by the clerk unless a method of return is provided with the document. -

4. TO THE CLERK: Please dismiss this action as follows:
a. (1) [3] With prejudice (2) [__] Without prejudice

b. (1) GC] Complaint @ [_] Petition
(3) [__] Cross-complaint filed by (name):
(4) [_] Cross-complaint filed by (name):

(6) [_] Entire action of all parties and all causes of action

on (date):
on (date):

(6) XJ Other (specity):* As to defendant DILLINGHAM CONSTRUCTION, N.A., INC. only. Each patty to bear its own
cost

2. (Complete in all cases except family law cases.)

[7] court fees and costs were waived for a party in this case. (This information may be obtained from the olerk, if this box is

checked, the deciaration on the back of this form must be compfeted).
Date: January 20, 2010

» Bi Af A for Alan R.

Brayton

aTTorney [___] PARTY WITHOUT ATTORNEY)

P* 5a stale and identify the parties,
faints to be dismissed, Hy the pa

(SIGNATURE)

pacified parties only of specified causes of action Attorney or party without attorney for:
Plaintiff/Petitioner [1 DefendantRespondes

[4 cross-Complainant

nt

3. TO THE CLERK: Consent to the above dismissal is hereby given."

Date:
b

(ree on paintname oF [__] arrorney {J parry wttour arTorNey)

(SIGNATURE)

+ If @ cross-complaint - or Response (Family Law) seeking affirmative Attorney or party without attomey for:
rat st enV nena by Code of God Procedse seston 984 () [] Plainsetiioner — (} DefendantResponde'
or. C1] Cross-Compiainant

nt

{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. {_.) Attomey or party without attorney notified on (date):

b. [_} Attorney or party without attorney not notified. Filing party failed to provide

[Ja copy to be conformed [“] means to return conformed copy

Date: Clerk, by.

, Dep
Page 1 of 2

Fortisal Covrel of Calforéa REQUEST FOR DISMISSAL
(CW-110 [Rev. July 1, 2009)

‘Code of Civil Procedure,
Gov. Code, § 68637(c); Cal. Rules of Cot
ww

TawteMaeini hast

iol

581 et seq.
| rule 3.1360
inint0.60.90

init Enennn| PLAINTIFF/PETITIONER: CHARLES F, TOBEY

___ | DEFENDANT/RESPONDENT: ASBESTOS DEFENDANTS (BP)

Declaration Concerning Waived Court Fees

‘The court has a statutory lien for waived fees and costs on any recovery of $10,000 or more in vaiue by

settlement, compromise, arbitration award, mediation settlement, or other recovery. The court's lien must
lbe paid before the court will dismiss the case.

41, The court waived fees and costs in this action for (name):

2. The person in item 1 (check one):

a. () is ‘not recovering anything of value by this action.
b. [__] is recovering less than $10,000 in value by this action.

c. [_] is recovering $10,000 or more in value by this action. (if item 2c is checked, item 3 must be completed.)
3. (1 Alt court fees and costs that were waived in this action have been paid to the court (check one): [__] Yes [__] No

| declare under penalty of perjury under the laws of the State of California that the Information above is true and correct.

Date:

b.

(TYPE OR PRINT NAME OF[__] ATTORNEY[___] PARTY MAKING DECLARATION)

GIV-110 (Rv. July 1, 2008]

REQUEST FOR DISMISSAL

CIV-110
CASE NUMBER:
CGC-07-274226
(SIGNATURE)
Page 2 of2

LexisNexis® Automated California Judicial Council Forms=

a :
oo ON OD GO BF WRN,

24

Becherer
Kannett &25
Schweitzer

26

PROOF OF SERVICE BY ELECTRONIC TRANSMISSION

|, Hillary Rudy, declare: | am, and was at the time of service of the document(s)
herein referred to, over the age of 18 years, and not a party to the action; and | am
employed in the County of Alameda, State of California. My business address is Becherer,
Kannett & Schweitzer, 1255 Powell Street, Emeryville, California 94608. On March,
2010, | electronically served the document(s) via LexisNexis File & Serve described as:

NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE

on the recipients designated on the Transmission Receipt located on the LexisNexis File &
Serve website.

{ declare under penalty of perjury pursuant to the laws of the State of California that
the foregoing is true and correct and that this declaration was executed on March 20 2010,
at Emeryville, California.

Hillary-Budy~

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PROOF OF SERVICE BY ELECTRONIC TRANSMISSION
Charles Tobey vs. Asbestos Defendants (B’P)
SFSC Case No.: CGC-07-274226