On December 27, 2021 a 6227 Alejandro - RFD - Due 2-2 was filed involving a dispute between Alejandro, Angelina, Alejandro, Francisco, Arana, Christopher, Bailly, Michelle M., Batah, Rima M., Bernido, Celia D., Bernido, Christopher C., Brar, Dhalwinder Singh, Briones, Donald S., Brooks, Bobby G., Caro, Syreeta, Chavez, Felipe M., Conrique, Carlos, De Ochoa, Araceli Cervantes, Dobson, Brittany, Dobson, Glenn W., Durrant, Mindie, Durrant, Rendell W., Fernandez, Blanca, Godfrey, Amber N., Godfrey, Paul A., Gonsalves, Jason, Gonsalves, Mary, Hamman, Inez, Hamman, Neil, Kelly, Sean P., Kuhn, Bill, Jr., Kuhn, Jennifer Bahnsen, Langston, Kianna, Laws, Eddie La Ray, Jr., Laws, Jaqueline D., Li, Jin, Lopez, Daniel, Marzett, Carolyn, Marzett, Chris, Mata, Domingo, Melendez, Danni Eric, Melendez, Denise Pauline, Moreno, Alfredo, Moreno, Gabriela Munos, Moya, Summer, Munoz, Marisol, Ochoa, Guillermo, Perez, Jose A., Ramirez, Luis, Regalado, Juan Jose, Riley, Brittany, Riley, Christopher, Sanchez, Carlos, Sanchez, Jesika, Sanchez, Jose, Sanchez, Matthew, Singh, Gagandeep, Singh, Maninderjit, Swoboda, Gregg, Taylor-Brooks, Peacolia, Wallace, Phyllis V., Wallace, Thomas D., Warren, Darnell, Warren, Jennifer, Washington, Glory, Weeks, Gary, Wimberly, Shirley, Wimberly, Thomas M, and Lennar Fresno, Inc., A California Corporation, Lennar Homes Of California, Inc., A California Corporation, for 10-CV Construction Defect - Civil Unlimited in the District Court of Kern County.
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6227.001 A CIV-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Megan M. Chodzko, Esq. 227898 SHINNICK & RYAN, LLP 4141 Jutland Drive, Suite 210 San Diego, CA 92117 TELEPHONE NO.: 619-239-5900 FAX NO. (Optional): 619-239-1833 E-MAIL ADDRESS (Optional): mchodzko@srfirms.com ATTORNEY FOR (Name): Plaintiffs, Alejandro, et al. SUPERIOR COURT OF CALIFORNIA, COUNTY OF Kern STREET ADDRESS: 1215 Truxtun Avenue MAILING ADDRESS: CITY AND ZIP CODE: Bakersfield, CA 93301 BRANCH NAME: PLAINTIFF/PETITIONER: FRANCISCO ALEJANDRO, et al. DEFENDANT/RESPONDENT: LENNAR HOMES OF CALIFORNIA, INC., et al. CASE NUMBER: REQUEST FOR DISMISSAL BCV-21-102999 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) ‰ With prejudice (2) ‰X Without prejudice b. (1) ‰ Complaint (2) ‰ 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) ‰X Other (specify):* Please see Judicial Attachment. 2. (Complete in all cases except family law cases.) The court ‰did ‰ X 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: February 2 , 2023 Megan M. Chodzko, Esq. ........................................................................................... (TYPE OR PRINT NAME OF ‰ X ATTORNEY ‰ PARTY WITHOUT 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, ‰ ‰ Defendant/Respondent causes of action, or cross-complaints to be dismissed. X Plaintiff/Petitioner ‰ Cross-Complainant 3. TO THE CLERK: Consent to the above dismissal is hereby given.** Date: (TYPE OR PRINT NAME OF ‰ ATTORNEY‰ PARTY WITHOUT ATTORNEY) (SIGNATURE) ** If a cross-complaint - or Response (Family Law) seeking affirmative Attorney or party without attorney for: ‰ Plaintiff/Petitioner ‰ Defendant/Respondent relief - is on file, the attorney for the cross-complainant (respondent) must sign this consent if required by Code of Civil Procedure section 581(i) ‰ Cross-Complainant or (j). (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. ‰ Attorney or party without attorney notified on (date): b. ‰ Attorney or party without attorney not notified. Filing party failed to provide ‰ a copy to be conformed ‰ 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.; Judicial Council of California REQUEST FOR DISMISSAL Gov. Code, § 68637(c); Cal. Rules of Court, rule 3.1390 CIV-110 [Rev. Jan. 1, 2013] www.courts.ca.gov Lennar Bakersfield 16 CIV-110 PLAINTIFF/PETITIONER: ALEJANDRO, et al. CASE NUMBER: BCV-21-102999 DEFENDANT/RESPONDENT: LENNAR HOMES, et al. 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. ‰ not recovering anything of value by this action. b. ‰ recovering less than $10,000 in value by this action. c. ‰ recovering $10,000 or more in value by this action. (If item 2c is checked, item 3 must be completed.) 3. ‰ All court fees and costs that were waived in this action have been paid to the court (check one): ‰ Yes ‰ No I declare under penalty of perjury under the laws of the State of California that the information above is true and correct. Date: (TYPE OR PRINT NAME OF ‰ ATTORNEY ‰ PARTY MAKING DECLARATION) (SIGNATURE) CIV-110 [Rev. January 1, 2013] Page 2 of 2 REQUEST FOR DISMISSAL Lennar Bakersfield 16 MC-025 SHORT TITLE: CASE NUMBER: ALEJANDRO, et al. v. LENNAR HOMES, et al. BCV-21-102999 ATTACHMENT (Number) : 1b6 (This Attachment may be used with any Judicial Council form.) As to Plaintiffs Domingo Mata Jennifer Warren Darnell Warren All other named Plaintiffs to remain in case. (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 1 of 1 Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use Judicial Council of California ATTACHMENT www.courtinfo.ca.gov MC-025 [Rev. July 1, 2009] to Judicial Council Form Lennar Bakersfield 16 6227 SUPERIOR COURT OF CALIFORNIA FOR THE COUNTY OF KERN FOR COURT USE ONLY TITLE OF CASE : FRANCISCO ALEJANDRO, et al. v. LENNAR HOMES OF CALIFORNIA, INC., et al. ATTORNEY(S) NAME AND ADDRESS: Luke P. Ryan, Esq., SBN 167634 Phone: 619-239-5900 Megan M. Chodzko, Esq., SBN 227898 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, Alejandro, et al. BCV-21-102999 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 I 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 February 2, 2023 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: Jonathan N. King NEWMEYER & DILLION, LLP 2033 N. Main Street, Suite 500 Walnut Creek, CA 94595 Attorney for Defendants, Lennar Homes of California, Inc., et al. (Courtesy Copy) [ ] (BY MAIL) I caused such document(s) to be placed in an envelope with postage thereon fully prepaid to be placed in the United States mail at San Diego, California. I am readily familiar with the practices of Shinnick & Ryan LLP for collection and processing of correspondence for mailing with the United States Postal Service, Federal Express and UPS. Such correspondence is deposited with the United States Postal Service, Federal Express, or UPS the same day in the ordinary course of business. [ X ] BY ELECTRONIC SERVICE. I caused such document(s) to be electronically served through email transmission. The file transmission was reported as complete and a copy of the transmission page will be maintained with the original document(s) in our office. I declare under penalty of perjury that the foregoing is true and correct. Executed on February 2, 2023, at San Diego, California. ___________________________________ Karina Cabral-Luna, Declarant PROOF OF SERVICE (C.C.P. § 1013A and § 2105.5)