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CIV-120
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
Rick Smith (SBN 298556)
465 California Street, Suite 401
San Francisco, CA 94104
TELEPHONE NO.: 415-438-4388 FAX NO.: 415-434-4505
E-MAIL ADDRESS: rsmith@mzclaw.com
ATTORNEY FOR (Name): Independent Financial Group, LLC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Monterey
STREET ADDRESS:1200 Aguajito Rd.
MAILING ADDRESS: 1200 Aguajito Rd.
CITY AND ZIP CODE: Monterey 93940
BRANCH NAME: Monterey Courthouse
PLAINTIFF/PETITIONER: Independent Financial Group, LLC, et al.
DEFENDANT/RESPONDENT: FP Transitions, LLC and DOES 1-50, INCLUSIVE
NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE
Personal Injury, Property Damage, or Wrongful Death
CASE NUMBER:
Motor Vehicle Other
Family Law 21CV001264
Eminent Domain
✖ Other (specify): Professional Negligence
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: 8/15/2023
Rick Smith
(TYPE OR PRINT NAME OF ✖ ATTORNEY PARTY WITHOUT ATTORNEY) (SIGNATURE)
PROOF OF SERVICE
1. I am over the age of 18 and not a party to this cause. My residence or business address is:
465 California Street, Suite 401, San Francisco, CA 94104
2. I am a resident of or employed in the county where the mailing occurred. I 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. I deposited the envelope with the United States Postal Service.
b. I placed the envelope for collection and processing for mailing following this business's ordinary practice with which I 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 I 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):
4. ✖ I 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: Thomas Mazzucco
b. Electronic service address of person served: tmazzucco@mpbf.com
c. On (date): 08/08/2023 d. At (time): 07:43 AM
e. Electronic service address from which I served the documents: wheikkinen@mzclaw.com
✖ Proof of electronic service is attached.
5. ✖ Proof of service on additional parties is attached.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: 08/15/2023
William Heikkinen
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
Page 1 of 1
Form Adopted for Mandatory Use Code of Civil Procedure, § 581 et seq.;
Judicial Council of California
NOTICE OF ENTRY OF DISMISSAL Cal. Rules of Court, rule 3.1390
CIV-120 [Rev. January 1, 2012] AND PROOF OF SERVICE www.courts.ca.gov
For your protection and privacy, please press the Clear
This Form button after you have printed the form. Print this form Save this form Clear this form
CIV-110
ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO: 298556 FOR COURT USE ONLY
NAME: Rick Smith
FIRM NAME: Markun Zusman & Compton LLP ELECTRONICALLY FILED BY
STREET ADDRESS: 465 California Street, Suite 401 Superior Court of California,
CITY: San Francisco STATE: CA ZIP CODE: 94104 County of Monterey
TELEPHONE NO.: 415-438-4388 FAX NO. : 415-434-4505
On 8/8/2023 8:00 AM
E-MAIL ADDRESS: rsmith@mzclaw.com
By: Christina Flores, Deputy
ATTORNEY FOR (Name): Independent Financial Group, LLC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Monterey
STREET ADDRESS: 1200 Aguajito Rd.
MAILING ADDRESS: 1200 Aquajito Rd.
CITY AND ZIP CODE: Monterey 93940
BRANCH NAME: Monterey Courthouse
Plaintiff/Petitioner: Independent Financial Group, LLC, et al.
Defendant/Respondent: FP Transitions, LLC and DOES 1-50, INCLUSIVE
CASE NUMBER:
REQUEST FOR DISMISSAL 21CV001264
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) 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) Other (specify):*
2. (Complete in all cases except family law cases.)
The court did ✖ 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: 08/08/2023
Rick Smith
(TYPE OR PRINT NAME OF ✖ ATTORNEY PARTY WITHOUT ATTORNEY) (SIGNATURE)
*If dismissal requested is of specified parties only of specified causes of action only, Attorney or party without attorney for:
or of specified cross-complaints only, so state and identify the parties, causes of ✖ Plaintiff/Petitioner Defendant/Respondent
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)
** If a cross-complaint – or Response (Family Law) seeking affirmative Attorney or party without attorney for:
relief – is on file, the attorney for cross-complainant (respondent) must sign
this consent if required by Code of Civil Procedure section 581 (i) or (j).
Plaintiff/Petitioner Defendant/Respondent
Cross Complainant
(To be completed by clerk)
4. x Dismissal entered as requested on (date): 8/08/2023
5 Dismissal entered on (date): as to only (name):
6. Dismissal not entered as requested for the following reasons (specify):
7. a.
x Attorney or party without attorney notified on (date):8/10/2023
b. Attorney or party without attorney not notified. Filing party failed to provide
a copy to be conformed means to return conformed copy
Date: 8/10/2023 Clerk, by /s/ Christina Flores , Deputy Page 1 of 2
Form Adopted for Mandatory Use Code of Civil Procedure, § 581 et seq.; Gov. Code,
Judicial Council of California REQUEST FOR DISMISSAL § 68637(c); Cal. Rules of Court, rule 3.1390
CIV-110 [Rev. Jan. 1, 2013] www.courts.ca.gov
CIV-110
CASE NUMBER:
Plaintiff/Petitioner:
Defendant/Respondent:
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. 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 court 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)
Page 2 of 2
CIV-110 [Rev. January 1, 2013] REQUEST FOR DISMISSAL
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Order #20956990: eFiling & eServe
Submitted: 8/8/2023 7:42 AM PT
Court Transaction #12688037
Accepted
Documents
Returned (1)
Request for Partial Dismissal (61 KB)
Your Files (1)
Document Title Document Type Pages Status
Request for Partial Dismissal Request for Partial Dismissal 2 Accepted
eServe Recipients
Name Email Status
Viewed - 8/14/2023 4:39 PM PT
Bryan Saalfeld BSaalfeld@mpbf.com Retrieved - 8/14/2023 4:39 PM PT
Notification Sent - 8/8/2023 7:43 AM PT
Viewed - 8/8/2023 9:05 AM PT
Thomas Mazzucco TFMazzucco@mpbf.com Retrieved - 8/8/2023 9:04 AM PT
Notification Sent - 8/8/2023 7:43 AM PT
Case Information
Court
Monterey County, Superior Court of California (Monterey)
Number
21CV001264
Title
Independent Financial Group, LLC, on Its Own Behalf and as Assignee of Adolfo Ar, et al.vs.FP Transitions, LLC
Confirmation Receipt #28863667
© One Legal LLC
Version: 7.0.2546 | Customer #0157788
Accessibility statement (https://www.onelegal.com/accessibility/) | Privacy policy
(https://www.onelegal.com/privacy/) | Terms of service (https://www.onelegal.com/terms/)
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CIV-120 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Rick Smith (SBN 298556) 465 California Street, Suite 401 San Francisco, CA 94104 TELEPHONE NO.: 415-438-4388 FAX NO.: 415-434-4505 E-MAIL ADDRESS: rsmith@mzclaw.com ATTORNEY FOR (Name): Independent Financial Group, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF Monterey STREET ADDRESS:1200 Aguajito Rd. MAILING ADDRESS: 1200 Aguajito Rd. CITY AND ZIP CODE: Monterey 93940 BRANCH NAME: Monterey Courthouse PLAINTIFF/PETITIONER: Independent Financial Group, LLC, et al. DEFENDANT/RESPONDENT: FP Transitions, LLC and DOES 1-50, INCLUSIVE NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE Personal Injury, Property Damage, or Wrongful Death CASE NUMBER: Motor Vehicle Other Family Law 21CV001264 Eminent Domain ✖ Other (specify): Professional Negligence 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: 8/15/2023 Rick Smith (TYPE OR PRINT NAME OF ✖ ATTORNEY PARTY WITHOUT ATTORNEY) (SIGNATURE) PROOF OF SERVICE 1. I am over the age of 18 and not a party to this cause. My residence or business address is: 465 California Street, Suite 401, San Francisco, CA 94104 2. I am a resident of or employed in the county where the mailing occurred. I 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. I deposited the envelope with the United States Postal Service. b. I placed the envelope for collection and processing for mailing following this business's ordinary practice with which I 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 I 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): 4. ✖ I 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: Thomas Mazzucco b. Electronic service address of person served: tmazzucco@mpbf.com c. On (date): 08/08/2023 d. At (time): 07:43 AM e. Electronic service address from which I served the documents: wheikkinen@mzclaw.com ✖ Proof of electronic service is attached. 5. ✖ Proof of service on additional parties is attached. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: 08/15/2023 William Heikkinen (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) Page 1 of 1 Form Adopted for Mandatory Use Code of Civil Procedure, § 581 et seq.; Judicial Council of California NOTICE OF ENTRY OF DISMISSAL Cal. Rules of Court, rule 3.1390 CIV-120 [Rev. January 1, 2012] AND PROOF OF SERVICE www.courts.ca.gov For your protection and privacy, please press the Clear This Form button after you have printed the form. Print this form Save this form Clear this form CIV-110 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO: 298556 FOR COURT USE ONLY NAME: Rick Smith FIRM NAME: Markun Zusman & Compton LLP ELECTRONICALLY FILED BY STREET ADDRESS: 465 California Street, Suite 401 Superior Court of California, CITY: San Francisco STATE: CA ZIP CODE: 94104 County of Monterey TELEPHONE NO.: 415-438-4388 FAX NO. : 415-434-4505 On 8/8/2023 8:00 AM E-MAIL ADDRESS: rsmith@mzclaw.com By: Christina Flores, Deputy ATTORNEY FOR (Name): Independent Financial Group, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF Monterey STREET ADDRESS: 1200 Aguajito Rd. MAILING ADDRESS: 1200 Aquajito Rd. CITY AND ZIP CODE: Monterey 93940 BRANCH NAME: Monterey Courthouse Plaintiff/Petitioner: Independent Financial Group, LLC, et al. Defendant/Respondent: FP Transitions, LLC and DOES 1-50, INCLUSIVE CASE NUMBER: REQUEST FOR DISMISSAL 21CV001264 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) 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) Other (specify):* 2. (Complete in all cases except family law cases.) The court did ✖ 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: 08/08/2023 Rick Smith (TYPE OR PRINT NAME OF ✖ ATTORNEY PARTY WITHOUT ATTORNEY) (SIGNATURE) *If dismissal requested is of specified parties only of specified causes of action only, Attorney or party without attorney for: or of specified cross-complaints only, so state and identify the parties, causes of ✖ Plaintiff/Petitioner Defendant/Respondent 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) ** If a cross-complaint – or Response (Family Law) seeking affirmative Attorney or party without attorney for: relief – is on file, the attorney for cross-complainant (respondent) must sign this consent if required by Code of Civil Procedure section 581 (i) or (j). Plaintiff/Petitioner Defendant/Respondent Cross Complainant (To be completed by clerk) 4. x Dismissal entered as requested on (date): 8/08/2023 5 Dismissal entered on (date): as to only (name): 6. Dismissal not entered as requested for the following reasons (specify): 7. a. x Attorney or party without attorney notified on (date):8/10/2023 b. Attorney or party without attorney not notified. Filing party failed to provide a copy to be conformed means to return conformed copy Date: 8/10/2023 Clerk, by /s/ Christina Flores , Deputy Page 1 of 2 Form Adopted for Mandatory Use Code of Civil Procedure, § 581 et seq.; Gov. Code, Judicial Council of California REQUEST FOR DISMISSAL § 68637(c); Cal. Rules of Court, rule 3.1390 CIV-110 [Rev. Jan. 1, 2013] www.courts.ca.gov CIV-110 CASE NUMBER: Plaintiff/Petitioner: Defendant/Respondent: 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. 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 court 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) Page 2 of 2 CIV-110 [Rev. January 1, 2013] REQUEST FOR DISMISSAL For your protection and privacy, please press the Clear This Form button after you have printed the form. Print this form Save this form Clear this form (/Dashboard)  Order #20956990: eFiling & eServe Submitted: 8/8/2023 7:42 AM PT Court Transaction #12688037 Accepted Documents Returned (1) Request for Partial Dismissal (61 KB) Your Files (1) Document Title Document Type Pages Status Request for Partial Dismissal Request for Partial Dismissal 2 Accepted eServe Recipients Name Email Status Viewed - 8/14/2023 4:39 PM PT Bryan Saalfeld BSaalfeld@mpbf.com Retrieved - 8/14/2023 4:39 PM PT Notification Sent - 8/8/2023 7:43 AM PT Viewed - 8/8/2023 9:05 AM PT Thomas Mazzucco TFMazzucco@mpbf.com Retrieved - 8/8/2023 9:04 AM PT Notification Sent - 8/8/2023 7:43 AM PT Case Information Court Monterey County, Superior Court of California (Monterey) Number 21CV001264 Title Independent Financial Group, LLC, on Its Own Behalf and as Assignee of Adolfo Ar, et al.vs.FP Transitions, LLC Confirmation Receipt #28863667 © One Legal LLC Version: 7.0.2546 | Customer #0157788 Accessibility statement (https://www.onelegal.com/accessibility/) | Privacy policy (https://www.onelegal.com/privacy/) | Terms of service (https://www.onelegal.com/terms/)