On June 01, 2016 a
Request,Application
was filed
involving a dispute between
Dbp Investments,
King Plaza Center, Llc,
and
Does 1 - 10, Inclusive,
King Plaza Center,Llc,
Lai, Thanh,
Lien, Sovan,
Quach, Bua,
Voung, Dong,
for (26) Unlimited Other Real Property
in the District Court of San Mateo County.
Preview
dy-ho
fORNEY R lv WI. OUT ftTT tjE (Name, State Bar number, and address)
teven iser I, ar ff6 14) FOR COURT USE ONLY
Law Offices of Steven B. Piser
1970 Broadway, Suite 600, Oakland, CA 94612
TELEPHONE NO.
(510) 835-5582 FAX NO. (Optional)
E-MAIL ADDRESS (Optional)
ATTORNEY FOR (Name)
Plaintiff DBP Investments
SUPERIOR COURT OF CALIFORNIA) COUNTY OF SAN MATEO
STREET ADDRESS 400 County Center
MAIL1NGADDRESS Same as above.
Redwood City 94063
BRANCH NAME Unlimited Jurisdiction
PLAINTIFF/PETITIONER: DBP Investments
DEFENDANT/RESPONDENT: ICing Plaza Center, LLC, et al.
REQUEST FOR DISMISSAL CASE NUMBER
C1V538897
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) [EJ With prejudice (2) Without prejudice
b. (1) U Complaint (2) Petition
(3) EJ Cross-complaint filed by (name): on (date):
(4) Cross-complaint filed by (name): on (date):
(5) EJ Entire action of all parties and all Causes of action
(6) Other (specify:* As to Second Cause of Action Against I)efendant King Plaza Center ONLY.
2. (Complete in all cases except family law cases.)
The court did did not waive court fees and costs for a party in this cas . (This information maybe obtained from
the clerk. If co fees arid costs were waived, the declaration on the back of this must be completed).
Date: March 2023
Steven B. Piser
(TYPE OR PRINT NAME OF ATTORNEY PARTY WITIIOIJT ATTORNEY) (SIGNATURE)
1f dismissal requested is of specified parties only of specified causes of acton Attorney or party without attorney for:
and identify the partIes,
El Plaintiff/Petitioner LZI
Defendant/Respondent
El Cross—Complainant
3. TO THE CLERK: Consent to the above dismissal is hereby given.**
Date:
TYPE OR PRNT NAME OF El AT-ORNEY El PARTY VATHOUT ATTORNEY) (SIGNATURE)
‘ F a cross-complaint—or Resporse (Family Law) seeking affirmat.ve Attorney or party without attorney for:
relte! is 09 file, The attorney for cross-como aina9t (respondent) must
El El
— . . - -
sign this consent if required by code of Civil Procedure section 581 (i) Plaintiff/Petitioner Defendant/Respondent
oro).
El Cross—Complainant
(To be completed by clerk)
El Dismissal entered as requested on (date):
5 El Dismissal entered on (date): as to only (name):
6. El Dismissal not entered as requested for the following reasons (specify):
7. a. El Attorney or party without attorney notified on (date):
b. El Attorney or party without attorney not notified. Filing party failed to provide
El a copy to be conformed El
means to return conformed copy
Date: Clerk, by____________________________________________________ Deputy
Page 1 of 2
Form Adopted icr Mandaiory Use Code of Civil Procedure, § 581 el seq.;
Judicial Council of California REQUEST FOR DISMISSAL Go,. Code, § 66637(c); Cal. Rules of Court, rule 3-1390
dy-lb IRov. Jan. 1.2013] www.courts.ca.gov
5 ;Rh:-t 1::)g:::zg$ Ro: k::Si::i;5 g:xgi Eg:;:
dy-I 10
flDEFENDANT/RESPONDENT: King Plaza Center, LLC, et al.
PLAINTIFF/PETITIONER: DBP Investments CASE NUMBER:
C1V538897
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 $1 0,000 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):
Z The person named in item 1 is (check one below):
a. not recovering anything of value by this action.
b. EEl
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. [EJ All court fees and court costs that were waived in this action have been paid to the court (check one): LEEI Yes [EJ 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 PRNT NAME OF AHORNEY PARTh’ MAKING DECLARATION) (SIGNATURE)
dy-ho Rev. January 1,2013] Page 2 o12
REQUEST FOR DISMISSAL
LexisNexis® Automated Calffornia Judicial Council Forms
1 PROOF OF SERVICE BY E-MAIL
DBP Investments v. King Plaza Center and Related Cross-Action
2 San Mateo County Superior Court, Unlimited Jurisdiction
Case C1V538897
3
4 I, Esperanza Izazaga, declare the following:
5 I am employed in Alameda County, California, am over eighteen years of age, and
am not a party to the within action or proceeding. My business address is 1970
6 Broadway, Suite 6oo, Oakland, California 94612.
7 On March 17, 2023, I served a copy of:
8 REQUEST FOR DISMISSAL
9 by sending copies via electronic mail as follows:
10 Co-Crnznselfor King Plaza Center, LLC Attorneys for King Plaza Center, LLC
Steven D. McLellan Janet Fogarty
11 Gates Eisenhart Dawson Law Office of Janet Fogarty & Associates
125 South Market Street, Suite 1200 1126 Hillcrest Boulevard
12
San Jose, California 95113 Millhrae, California 94030
13 Telephone: (408) 288-8100 Telephone: (650) 652-5601
Facsimile: (408) 288-9409 Facsimile: (650) 652-5604
14 e-mail: sdm(Thgedlaw.com e-mail: jfogartylawfirmiahoo.com
15 Co-Counselfor Plaintiffs
John L. Fitzgerald
16 Law Offices ofJohn L. Fitzgerald
177 Bovet Road, Suite 600
17 San Mateo, California 94402
Telephone: (415) 689-1209
18 e-mail: iohnilfitzgerald1aw.com
19 I declare under penalty of perjury that the foregoing is true and correct.
Executed March 17, 2023, at Oakland, California.
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Law Offices of
Steve,, B. lflser PROOF OF SERVICE B E-MML
Preview
dy-ho fORNEY R lv WI. OUT ftTT tjE (Name, State Bar number, and address) teven iser I, ar ff6 14) FOR COURT USE ONLY Law Offices of Steven B. Piser 1970 Broadway, Suite 600, Oakland, CA 94612 TELEPHONE NO. (510) 835-5582 FAX NO. (Optional) E-MAIL ADDRESS (Optional) ATTORNEY FOR (Name) Plaintiff DBP Investments SUPERIOR COURT OF CALIFORNIA) COUNTY OF SAN MATEO STREET ADDRESS 400 County Center MAIL1NGADDRESS Same as above. Redwood City 94063 BRANCH NAME Unlimited Jurisdiction PLAINTIFF/PETITIONER: DBP Investments DEFENDANT/RESPONDENT: ICing Plaza Center, LLC, et al. REQUEST FOR DISMISSAL CASE NUMBER C1V538897 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) [EJ With prejudice (2) Without prejudice b. (1) U Complaint (2) Petition (3) EJ Cross-complaint filed by (name): on (date): (4) Cross-complaint filed by (name): on (date): (5) EJ Entire action of all parties and all Causes of action (6) Other (specify:* As to Second Cause of Action Against I)efendant King Plaza Center ONLY. 2. (Complete in all cases except family law cases.) The court did did not waive court fees and costs for a party in this cas . (This information maybe obtained from the clerk. If co fees arid costs were waived, the declaration on the back of this must be completed). Date: March 2023 Steven B. Piser (TYPE OR PRINT NAME OF ATTORNEY PARTY WITIIOIJT ATTORNEY) (SIGNATURE) 1f dismissal requested is of specified parties only of specified causes of acton Attorney or party without attorney for: and identify the partIes, El Plaintiff/Petitioner LZI Defendant/Respondent El Cross—Complainant 3. TO THE CLERK: Consent to the above dismissal is hereby given.** Date: TYPE OR PRNT NAME OF El AT-ORNEY El PARTY VATHOUT ATTORNEY) (SIGNATURE) ‘ F a cross-complaint—or Resporse (Family Law) seeking affirmat.ve Attorney or party without attorney for: relte! is 09 file, The attorney for cross-como aina9t (respondent) must El El — . . - - sign this consent if required by code of Civil Procedure section 581 (i) Plaintiff/Petitioner Defendant/Respondent oro). El Cross—Complainant (To be completed by clerk) El Dismissal entered as requested on (date): 5 El Dismissal entered on (date): as to only (name): 6. El Dismissal not entered as requested for the following reasons (specify): 7. a. El Attorney or party without attorney notified on (date): b. El Attorney or party without attorney not notified. Filing party failed to provide El a copy to be conformed El means to return conformed copy Date: Clerk, by____________________________________________________ Deputy Page 1 of 2 Form Adopted icr Mandaiory Use Code of Civil Procedure, § 581 el seq.; Judicial Council of California REQUEST FOR DISMISSAL Go,. Code, § 66637(c); Cal. Rules of Court, rule 3-1390 dy-lb IRov. Jan. 1.2013] www.courts.ca.gov 5 ;Rh:-t 1::)g:::zg$ Ro: k::Si::i;5 g:xgi Eg:;: dy-I 10 flDEFENDANT/RESPONDENT: King Plaza Center, LLC, et al. PLAINTIFF/PETITIONER: DBP Investments CASE NUMBER: C1V538897 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 $1 0,000 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): Z The person named in item 1 is (check one below): a. not recovering anything of value by this action. b. EEl 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. [EJ All court fees and court costs that were waived in this action have been paid to the court (check one): LEEI Yes [EJ 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 PRNT NAME OF AHORNEY PARTh’ MAKING DECLARATION) (SIGNATURE) dy-ho Rev. January 1,2013] Page 2 o12 REQUEST FOR DISMISSAL LexisNexis® Automated Calffornia Judicial Council Forms 1 PROOF OF SERVICE BY E-MAIL DBP Investments v. King Plaza Center and Related Cross-Action 2 San Mateo County Superior Court, Unlimited Jurisdiction Case C1V538897 3 4 I, Esperanza Izazaga, declare the following: 5 I am employed in Alameda County, California, am over eighteen years of age, and am not a party to the within action or proceeding. My business address is 1970 6 Broadway, Suite 6oo, Oakland, California 94612. 7 On March 17, 2023, I served a copy of: 8 REQUEST FOR DISMISSAL 9 by sending copies via electronic mail as follows: 10 Co-Crnznselfor King Plaza Center, LLC Attorneys for King Plaza Center, LLC Steven D. McLellan Janet Fogarty 11 Gates Eisenhart Dawson Law Office of Janet Fogarty & Associates 125 South Market Street, Suite 1200 1126 Hillcrest Boulevard 12 San Jose, California 95113 Millhrae, California 94030 13 Telephone: (408) 288-8100 Telephone: (650) 652-5601 Facsimile: (408) 288-9409 Facsimile: (650) 652-5604 14 e-mail: sdm(Thgedlaw.com e-mail: jfogartylawfirmiahoo.com 15 Co-Counselfor Plaintiffs John L. Fitzgerald 16 Law Offices ofJohn L. Fitzgerald 177 Bovet Road, Suite 600 17 San Mateo, California 94402 Telephone: (415) 689-1209 18 e-mail: iohnilfitzgerald1aw.com 19 I declare under penalty of perjury that the foregoing is true and correct. Executed March 17, 2023, at Oakland, California. 20 21 22 23 24 25 26 27 28 Law Offices of Steve,, B. lflser PROOF OF SERVICE B E-MML