Preview
CIV-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
David R. Beck 124372
Beck & Mathiesen, APC
700 Frederick St., Ste. 306
Santa Cruz, CA 95062
TELEPHONE NO. 831-429-0181 FAX NO. (Optional): 831-429-5617
dave@beckmathiesen.COm
E-MAIL ADDRESS (Optional).
ATTORNEY FOR (Name): Plaintiffs Ron Munger and Julie Mott
SUPERIOR COURT OF CALIFORNIA; COUNTY OF Santa Cruz
STREET ADDRESS: 701 Ocean Street
MAILING ADDRESS:
CITY AND ZIP CODE: Santa Cruz, CA 95060
BRANCH NAME:
PLAINTIFF/PETITIONER: Ron Munger and Julie Mott
DEFENDANT/RESPONDENT: Mary Loeb
CASE NUMBER:
REQUEST FOR DISMISSAL
22CV00157
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) IX] With prejudice (2) D
Without prejudice
b. (1) D Complaint (2) D Petition
(3) D Cross-complaint filed by (name): on (date):
(4) D Cross-complaint filed by (name): on (date):
(5) D Entire action of all parties and all causes of action
(6) IX] Other (specify):* only First Amended Complaint filed July 26, 2022, by Ron Munger, Julie Mqtt.
2. (Complete in all cases except family law cases.)
The court Qdid [Xldid 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:June S - 2023 r
David.R .. B.eck. ................................................................... ~ /)~/f f' ~-~ /
(TYPE OR PRINT NAME OF IX] ATTORNEY D PARTY WITHOUT ATTORNEY) (SIGNATURE)
• If dismissal requested is of specified parties only, of specified causes of action Attorney or party without attorney for: Ron Munger & Julie Mott
only, or of specified cross-<:omplaints only, so state and identify the parties,
causes of action, or cross-<:omplaints to E>e dismissed.
IX] Plaintiff/Petitioner D Defendant/Respondent
D Cross-Complainant
3. TO THE CLERK: Consent to the above dismissal is hereby given.**
Date:
~- - - - - - - - - - -
(TYPE OR PRINT NAME OF D ATTORNEY O PARTY WITHOUT ATTORNEY) (SIGNATURE)
•• If a cross-<:omplaint - or ResRonse (Family Law) seeking affirmative Attorney or party without attorney for:
relief - is on file, the attorney for the cross-<:omplainant (respondent) must
sigr:, this consent if required' by Code of Civil Procedure section 581(i)
orO).
D Plaintiff/Petitioner D Defendant/Respondent
D Cross-Complainant
(To be completed by clerk)
4. D Dismissal entered as requested on (date):
5. D Dismissal entered on (date): as to only (name):
6. D Dismissal not entered as requested for the following reasons (specify):
7. a. D Attorney or party without attorney notified on (date):
b. D Attorney or party without attorney not notified. Filing party failed to provide
D a copy to be conformed D means to return conformed copy
Date: Clerk, by _ _ _ _ _ __ _ _ __ _ _ _ _ _ __ _ _ _ , Deputy
Page 1 of2
Form Adopted for Mandatory Use Code of Civil Procedure,§ 581 et seq.;
Judicial Council of California
CEB· 11:ssentla~ REQUEST FOR DISMISSAL Gov. Code, § 68637(c); Cal. Rules of Court, rule 3.1390
CIV-110 [Rev. Jan . 1, 2013]
cab.com F-J Forms www.courts.ca.gov
MUNGER
CIV-110
PLAINTIFF/PETITIONER: Ron Munger and Julie Mott CASE NUMBER:
DEFENDANT/RESPONDENT: Mary Loeb
22CV00157
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. Dnot recovering anything of value by this action.
b. Drecovering less than $10,000 in value by this action.
c. 0 recovering $10,000 or more in value by this action. (If item 2c is checked, item 3 must be completed.)
3. D All court fees and costs that were waived in this action have been paid to the court (check one): D Yes D No
I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.
D a t e : - - - - - - - - - - - - - - - - - - - --
~-----------------
(TYPE OR PRINT NAME OF D ATIORNEY D PARTY MAKING DECLARATION) (SIGNATURE)
CIV-110 [Rev. January 1, 2013] Page 2 of 2
REQUEST FOR DISMISSAL
CEB" IEssential
ceb.com ~ Fonns· MUNGER
1 PROOF OF SERVICE BY MAIL (C.C.P., §§l013a, 2015.5)
2 STATE OF CALIFORNIA )
) ss.
3 COUNTY OF SANTA CRUZ )
4 I am a citizen of the United States and employed in the
5 County of Santa Cruz, State of California; I am over the age of
6 eighteen years and not a party to the within cause; My business
7 address is 700 Frederick St., Ste. 306, Santa Cruz, CA 95062;
8 On June 15, 2023 I served the document:
9 REQUEST FOR DISMISSAL
10 on the interested parties to said action by the following means:
11 X (BY E-MAIL) By causing the document to sent to the person(s) at
~~thee-mail address(es) listed below, each of whom previously
12 authorized electronic service of documents in this action. I did
not receive, within a reasonable time after the transmission, any
13 electronic message or other indication that the transmission was
unsuccessful.
14
CONTACT INFORMATION OF EACH PARTY SERVED:
15
Attorney for: Anna DiBenedetto
16 Defendant MARY LOEB Rae Spencer
DiBENEDETTO LAW GROUP, PC
17 1101 Pacific Avenue, Suite 200
Santa Cruz, CA 95060
18 anna@dibenedetto.law
rspencer@dibenedetto.law
19
Attorney for: Mathew P. Cavitch
20 Defendant MARY LOEB THE CAVICH LAW FIRM
11150 Glen Birnham Road
21 Eads, TN, 38028
mcavitch@bellsouth.net
22
Attorney for: Shannon B. Jones
23 Cross-Defendants DAVID LYNG & ROSSI DOMINGUE LLP
ASSOCIATES, INC., and DANIEL 208 w. El Pintado Road
24 ALFONSO ALVAREZ Danville, CA 94526
sbj@sbj-law.com
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1 I declare under penalty of perjury under the laws of the
2 State of California that the foregoing is true and correct, and that
3 this declaration was executed on June 15, 2023, Santa Cruz,
4 California.
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8 cc: Clients.
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CIV-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY David R. Beck 124372 Beck & Mathiesen, APC 700 Frederick St., Ste. 306 Santa Cruz, CA 95062 TELEPHONE NO. 831-429-0181 FAX NO. (Optional): 831-429-5617 dave@beckmathiesen.COm E-MAIL ADDRESS (Optional). ATTORNEY FOR (Name): Plaintiffs Ron Munger and Julie Mott SUPERIOR COURT OF CALIFORNIA; COUNTY OF Santa Cruz STREET ADDRESS: 701 Ocean Street MAILING ADDRESS: CITY AND ZIP CODE: Santa Cruz, CA 95060 BRANCH NAME: PLAINTIFF/PETITIONER: Ron Munger and Julie Mott DEFENDANT/RESPONDENT: Mary Loeb CASE NUMBER: REQUEST FOR DISMISSAL 22CV00157 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) IX] With prejudice (2) D Without prejudice b. (1) D Complaint (2) D Petition (3) D Cross-complaint filed by (name): on (date): (4) D Cross-complaint filed by (name): on (date): (5) D Entire action of all parties and all causes of action (6) IX] Other (specify):* only First Amended Complaint filed July 26, 2022, by Ron Munger, Julie Mqtt. 2. (Complete in all cases except family law cases.) The court Qdid [Xldid 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:June S - 2023 r David.R .. B.eck. ................................................................... ~ /)~/f f' ~-~ / (TYPE OR PRINT NAME OF IX] ATTORNEY D PARTY WITHOUT ATTORNEY) (SIGNATURE) • If dismissal requested is of specified parties only, of specified causes of action Attorney or party without attorney for: Ron Munger & Julie Mott only, or of specified cross-<:omplaints only, so state and identify the parties, causes of action, or cross-<:omplaints to E>e dismissed. IX] Plaintiff/Petitioner D Defendant/Respondent D Cross-Complainant 3. TO THE CLERK: Consent to the above dismissal is hereby given.** Date: ~- - - - - - - - - - - (TYPE OR PRINT NAME OF D ATTORNEY O PARTY WITHOUT ATTORNEY) (SIGNATURE) •• If a cross-<:omplaint - or ResRonse (Family Law) seeking affirmative Attorney or party without attorney for: relief - is on file, the attorney for the cross-<:omplainant (respondent) must sigr:, this consent if required' by Code of Civil Procedure section 581(i) orO). D Plaintiff/Petitioner D Defendant/Respondent D Cross-Complainant (To be completed by clerk) 4. D Dismissal entered as requested on (date): 5. D Dismissal entered on (date): as to only (name): 6. D Dismissal not entered as requested for the following reasons (specify): 7. a. D Attorney or party without attorney notified on (date): b. D Attorney or party without attorney not notified. Filing party failed to provide D a copy to be conformed D means to return conformed copy Date: Clerk, by _ _ _ _ _ __ _ _ __ _ _ _ _ _ __ _ _ _ , Deputy Page 1 of2 Form Adopted for Mandatory Use Code of Civil Procedure,§ 581 et seq.; Judicial Council of California CEB· 11:ssentla~ REQUEST FOR DISMISSAL Gov. Code, § 68637(c); Cal. Rules of Court, rule 3.1390 CIV-110 [Rev. Jan . 1, 2013] cab.com F-J Forms www.courts.ca.gov MUNGER CIV-110 PLAINTIFF/PETITIONER: Ron Munger and Julie Mott CASE NUMBER: DEFENDANT/RESPONDENT: Mary Loeb 22CV00157 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. Dnot recovering anything of value by this action. b. Drecovering less than $10,000 in value by this action. c. 0 recovering $10,000 or more in value by this action. (If item 2c is checked, item 3 must be completed.) 3. D All court fees and costs that were waived in this action have been paid to the court (check one): D Yes D No I declare under penalty of perjury under the laws of the State of California that the information above is true and correct. D a t e : - - - - - - - - - - - - - - - - - - - -- ~----------------- (TYPE OR PRINT NAME OF D ATIORNEY D PARTY MAKING DECLARATION) (SIGNATURE) CIV-110 [Rev. January 1, 2013] Page 2 of 2 REQUEST FOR DISMISSAL CEB" IEssential ceb.com ~ Fonns· MUNGER 1 PROOF OF SERVICE BY MAIL (C.C.P., §§l013a, 2015.5) 2 STATE OF CALIFORNIA ) ) ss. 3 COUNTY OF SANTA CRUZ ) 4 I am a citizen of the United States and employed in the 5 County of Santa Cruz, State of California; I am over the age of 6 eighteen years and not a party to the within cause; My business 7 address is 700 Frederick St., Ste. 306, Santa Cruz, CA 95062; 8 On June 15, 2023 I served the document: 9 REQUEST FOR DISMISSAL 10 on the interested parties to said action by the following means: 11 X (BY E-MAIL) By causing the document to sent to the person(s) at ~~thee-mail address(es) listed below, each of whom previously 12 authorized electronic service of documents in this action. I did not receive, within a reasonable time after the transmission, any 13 electronic message or other indication that the transmission was unsuccessful. 14 CONTACT INFORMATION OF EACH PARTY SERVED: 15 Attorney for: Anna DiBenedetto 16 Defendant MARY LOEB Rae Spencer DiBENEDETTO LAW GROUP, PC 17 1101 Pacific Avenue, Suite 200 Santa Cruz, CA 95060 18 anna@dibenedetto.law rspencer@dibenedetto.law 19 Attorney for: Mathew P. Cavitch 20 Defendant MARY LOEB THE CAVICH LAW FIRM 11150 Glen Birnham Road 21 Eads, TN, 38028 mcavitch@bellsouth.net 22 Attorney for: Shannon B. Jones 23 Cross-Defendants DAVID LYNG & ROSSI DOMINGUE LLP ASSOCIATES, INC., and DANIEL 208 w. El Pintado Road 24 ALFONSO ALVAREZ Danville, CA 94526 sbj@sbj-law.com 25 26 27 28 - 1 of 2 - 1 I declare under penalty of perjury under the laws of the 2 State of California that the foregoing is true and correct, and that 3 this declaration was executed on June 15, 2023, Santa Cruz, 4 California. 5 6 7 8 cc: Clients. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 2 of 2 -