Preview
ClV-120
[ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address). FOR COURT USE ONLY
David J. Tappeiner, SBN 243979
DT LAW PARTNERS, LLP
125 E. Victoria Street, Suite |
Santa Barbara, CA 93101
‘TELEPHONE NO.: 805-456-6735, FAXNO.: 805-855-4242
E-malL ADDRESS: david@dtlawpartners.com
ATTORNEY FOR (Name): Plaintiffs Mark Sellars and Rebecca Morin
|SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA
‘STREET ADDRESS: 1100 Anacapa Street
MAILING ADDRESS:
CITY AND zip cove: Santa Barbara, CA 93101
BRANCH NAME: Anacapa Division
PLAINTIFF/PETITIONER: Mark Sellars, et al.
DEFENDANT/RESPONDENT: Patrick Leahy, et al.
NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE
[_] Personal Injury, Property Damage, or Wrongful Death
Motor Vehicle [-] Other CASE NUMBER,
Family Law
20CV04132
Eminent Domain
x_| Other (specify): Elder Abuse
g>
TO ATTORNEYS AND PARTIES WITHOUT ATTORNEYS: A dismissal red in thisa
SE
Request for Dismissal. (Attach a copy completed by the clerk.)
Date: May 26, 2023
David J. Tappeiner ~~
(TYPE OR PRINT NAME OF ‘ATTORNEY [__] PARTY WITHOUT ATTORNEY) (SIGNATURE)
PROOF OF SERVICE
| am over the age of 18 and not a party to this cause. My residence or business address is:
125 E. Victoria Street, Suite |
Santa Barbara, CA 93101
am 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. [(~]| 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: May 26, 2023 d. Place of deposit (city and state): Santa Barbara, CA
e. Addressed as follows (name and address):
See Service List Attached.
(J! 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:
c. On (date): d. At (time):
[J | 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:
[_] Proof of electronic service is attached.
5. [<1] Proof of service on additional parties is attached.
| declare under penalty of perjury under the laws of the State of C. ja that the foregoing is and corre
Date: May 26, 2023
Elizabeth Seidel nO
\
(TYPE OR PRINT NAME) 1 (SIGNATURE OF DECLARANT)
\ Page
1 of 4
Form Adopted for Mandatory Use NOTICE OF ENTRY OF DISNISSAL Code of Civil Procedure, § 581 et seq.
Judicial Council of Califomia Cal, Rules of Court, rule 3.1390
Clv-120 (Rev. January 1, 2012] AND PROOF OF SERVICE ‘yew. courts.ca.gov
SERVICE LIST
Attorney for Defendants Channe Coles and Law Attorneys for Defendant Help Unlimited, Inc.
Office of Channe Cole:
O. Brandt Caudell
R. Chris Kroes Joan E. Trimble
The Law Offices of McCarthy & Kroes CTSC Law
125 East Victoria St. Suite A 2601 Main Street, Suite 800
Santa Barbara, CA 93101 Irvine, CA 92614
Civ-110
JATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BARNO: 243979 FOR COURT USE ONLY
NAME: David J. Tappeiner, SBN 243979
FIRM NAME: DT LAW PARTNERS, LLP
STREET ADDRESS: 125 East Victoria St., Suite | ELECTRONICALLY FILED
city: Santa Barbara STATE: CA, zip cope: 93101 Superior Court of California
TELEPHONE NO.; 805-456-8323 FAXNO.: 805-453-8055, County of Santa Barbara
E-MAIL ADDRESS: david@dtlawpartners.com Darrel E. Parker, Executive Office}
ATTORNEY FOR (Name): Plaintiffs, Mark Sellars and Rebecca Morin §/23/2023 5:25 PM
|SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA y: Terri Chavez , Deputy
STREET ADDRESS: 1100 Anacapa Street
MAILING ADDRESS: P.O. Box 21107
icity
AND ziP CODE:Santa Barbara 93121
BRANCH NAME: ANACAPA,
Plaintiff/Petitioner:
Mark Sellars, et al.
Defendant/Respondent: Patrick Leahy, et al.
‘CASE NUMBER:
REQUEST FOR DISMISSAL 20C0V04132
Aconformed 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 ina class
action. (Cal. Rules of Court, rules 3.760 and 3.770.)
7 TO THE CLERK: Please dismiss this action as follows:
a. (1) [7] With prejudice (2) [3¢] 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 ail causes of action
(6) ([X] Other (specify):* all claims and causes of action against Help Unlimited, a California corporation
2. (Complete in all cases except family law cases.) ——.
The court [—_] did [7] did not waive court fees and costs for, Party in this us info tion Ry y be Obtained from the
clerk. if court fees and costs were waived, the declaration on the b&yck of this fo ‘must be completed
Date: May 23, 2023
David J. Tappeiner >!
(TYPE OR PRINT NAME OF [x | ATTORNEY CJ PARTY WITHOUT ATTORNEY) (SIGNATUF
“If dismissal requested Is of specified parties only of specified causes of action only, Attomey or party without attorney for:
or of specified cross-complaints only, so state and identify the parties, causes of EX] Plaintiff/Petitioner ({] DefendantRespondent
action, or cross-complaints to be dismissed.
[-] 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)
** ifa cross-compiaint - or Response (Family Law) seeking affirmative Attomey or party without attomey for:
reliof~ is on file, the attorney for cross-complainant (respondent) must sign [_] PlaintiffPetitioner [_] Defendant/Respondent
this consent if required by Code of Civil Procedure section 881 (I) or ).
(J Cross Compiainant
(To be completed by clerk)
§
4. Dismissal entered as requested on (date):
5 Dismissal entered on (date): 05/23/2023 as to only (name): Same as above.
6. [__] Dismissal not entered as requested for the following reasons (specify):
7. a. ks Attomey or party without attomey notified on (date): 05/23/2023
b. [_] Attomey or party without attomey not notified. Filing party failed to provide
copy to be conformed (J means to returdshifemeCioawez
Date: osfzal2 023 Clerk, by _ Deputy Page 1 of2
Form Adopted for Mandatory Use Code of Civil Procedure, § 581 et
Judicial Council of Calfomia REQUEST FOR DISMISSAL '§ 68837(c); Cal. Rules of Coy fe 3.1390
CIV-110 [Rev. Jan. 1, 2013} www.courts.ca.gav
CiV-110
Plaintiff/Petitioner: ark Sellars, et al. CASE NUMBER:
Defendant/Respondent: 20CV04132
Patrick Leahy, 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 court fees and costs in this action for (name):
2. The person named in item 1 is (check one below):
a. ["] not recovering anything of value by this action.
b. [7] recovering less than $10,000 in value by this action.
¢. [7] recovering $10,000 or more in value by this action. (If item 2c is checked, item 3 mustbe completed.)
3. [["] All court fees and court costs that were waived in this action have been paid to the court (check one): Yes No
| declare under penaity 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)
N-140 (Rev. January 1, 2013] REG
Preview
ClV-120 [ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address). FOR COURT USE ONLY David J. Tappeiner, SBN 243979 DT LAW PARTNERS, LLP 125 E. Victoria Street, Suite | Santa Barbara, CA 93101 ‘TELEPHONE NO.: 805-456-6735, FAXNO.: 805-855-4242 E-malL ADDRESS: david@dtlawpartners.com ATTORNEY FOR (Name): Plaintiffs Mark Sellars and Rebecca Morin |SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA ‘STREET ADDRESS: 1100 Anacapa Street MAILING ADDRESS: CITY AND zip cove: Santa Barbara, CA 93101 BRANCH NAME: Anacapa Division PLAINTIFF/PETITIONER: Mark Sellars, et al. DEFENDANT/RESPONDENT: Patrick Leahy, et al. NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE [_] Personal Injury, Property Damage, or Wrongful Death Motor Vehicle [-] Other CASE NUMBER, Family Law 20CV04132 Eminent Domain x_| Other (specify): Elder Abuse g> TO ATTORNEYS AND PARTIES WITHOUT ATTORNEYS: A dismissal red in thisa SE Request for Dismissal. (Attach a copy completed by the clerk.) Date: May 26, 2023 David J. Tappeiner ~~ (TYPE OR PRINT NAME OF ‘ATTORNEY [__] PARTY WITHOUT ATTORNEY) (SIGNATURE) PROOF OF SERVICE | am over the age of 18 and not a party to this cause. My residence or business address is: 125 E. Victoria Street, Suite | Santa Barbara, CA 93101 am 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. [(~]| 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: May 26, 2023 d. Place of deposit (city and state): Santa Barbara, CA e. Addressed as follows (name and address): See Service List Attached. (J! 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: c. On (date): d. At (time): [J | 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: [_] Proof of electronic service is attached. 5. [<1] Proof of service on additional parties is attached. | declare under penalty of perjury under the laws of the State of C. ja that the foregoing is and corre Date: May 26, 2023 Elizabeth Seidel nO \ (TYPE OR PRINT NAME) 1 (SIGNATURE OF DECLARANT) \ Page 1 of 4 Form Adopted for Mandatory Use NOTICE OF ENTRY OF DISNISSAL Code of Civil Procedure, § 581 et seq. Judicial Council of Califomia Cal, Rules of Court, rule 3.1390 Clv-120 (Rev. January 1, 2012] AND PROOF OF SERVICE ‘yew. courts.ca.gov SERVICE LIST Attorney for Defendants Channe Coles and Law Attorneys for Defendant Help Unlimited, Inc. Office of Channe Cole: O. Brandt Caudell R. Chris Kroes Joan E. Trimble The Law Offices of McCarthy & Kroes CTSC Law 125 East Victoria St. Suite A 2601 Main Street, Suite 800 Santa Barbara, CA 93101 Irvine, CA 92614 Civ-110 JATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BARNO: 243979 FOR COURT USE ONLY NAME: David J. Tappeiner, SBN 243979 FIRM NAME: DT LAW PARTNERS, LLP STREET ADDRESS: 125 East Victoria St., Suite | ELECTRONICALLY FILED city: Santa Barbara STATE: CA, zip cope: 93101 Superior Court of California TELEPHONE NO.; 805-456-8323 FAXNO.: 805-453-8055, County of Santa Barbara E-MAIL ADDRESS: david@dtlawpartners.com Darrel E. Parker, Executive Office} ATTORNEY FOR (Name): Plaintiffs, Mark Sellars and Rebecca Morin §/23/2023 5:25 PM |SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA y: Terri Chavez , Deputy STREET ADDRESS: 1100 Anacapa Street MAILING ADDRESS: P.O. Box 21107 icity AND ziP CODE:Santa Barbara 93121 BRANCH NAME: ANACAPA, Plaintiff/Petitioner: Mark Sellars, et al. Defendant/Respondent: Patrick Leahy, et al. ‘CASE NUMBER: REQUEST FOR DISMISSAL 20C0V04132 Aconformed 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 ina class action. (Cal. Rules of Court, rules 3.760 and 3.770.) 7 TO THE CLERK: Please dismiss this action as follows: a. (1) [7] With prejudice (2) [3¢] 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 ail causes of action (6) ([X] Other (specify):* all claims and causes of action against Help Unlimited, a California corporation 2. (Complete in all cases except family law cases.) ——. The court [—_] did [7] did not waive court fees and costs for, Party in this us info tion Ry y be Obtained from the clerk. if court fees and costs were waived, the declaration on the b&yck of this fo ‘must be completed Date: May 23, 2023 David J. Tappeiner >! (TYPE OR PRINT NAME OF [x | ATTORNEY CJ PARTY WITHOUT ATTORNEY) (SIGNATUF “If dismissal requested Is of specified parties only of specified causes of action only, Attomey or party without attorney for: or of specified cross-complaints only, so state and identify the parties, causes of EX] Plaintiff/Petitioner ({] DefendantRespondent action, or cross-complaints to be dismissed. [-] 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) ** ifa cross-compiaint - or Response (Family Law) seeking affirmative Attomey or party without attomey for: reliof~ is on file, the attorney for cross-complainant (respondent) must sign [_] PlaintiffPetitioner [_] Defendant/Respondent this consent if required by Code of Civil Procedure section 881 (I) or ). (J Cross Compiainant (To be completed by clerk) § 4. Dismissal entered as requested on (date): 5 Dismissal entered on (date): 05/23/2023 as to only (name): Same as above. 6. [__] Dismissal not entered as requested for the following reasons (specify): 7. a. ks Attomey or party without attomey notified on (date): 05/23/2023 b. [_] Attomey or party without attomey not notified. Filing party failed to provide copy to be conformed (J means to returdshifemeCioawez Date: osfzal2 023 Clerk, by _ Deputy Page 1 of2 Form Adopted for Mandatory Use Code of Civil Procedure, § 581 et Judicial Council of Calfomia REQUEST FOR DISMISSAL '§ 68837(c); Cal. Rules of Coy fe 3.1390 CIV-110 [Rev. Jan. 1, 2013} www.courts.ca.gav CiV-110 Plaintiff/Petitioner: ark Sellars, et al. CASE NUMBER: Defendant/Respondent: 20CV04132 Patrick Leahy, 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 court fees and costs in this action for (name): 2. The person named in item 1 is (check one below): a. ["] not recovering anything of value by this action. b. [7] recovering less than $10,000 in value by this action. ¢. [7] recovering $10,000 or more in value by this action. (If item 2c is checked, item 3 mustbe completed.) 3. [["] All court fees and court costs that were waived in this action have been paid to the court (check one): Yes No | declare under penaity 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) N-140 (Rev. January 1, 2013] REG