Clerk Notice: Dallas Johns vs. Centex Homes / COMPLEX

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                                2931.00lA              CIV-110
      ATTORNEY OR PARTY W ITH OUT ATTORNEY (Name, State Bar number, and address):                               FOR COURT USE ONLY

         Ernie W.   Chen, Esq.     309880
         SHINNICK & RYAN LLP
         1650 Hotel Circle North,       Suite 200
         San Diego, CA 92108
      TELEPHONE NO. 619-239-5900                                 619-239-1833
                                                  FAX NO. (Optional).

                           echen@srfirms .com
      E-MAIL ADDRESS (Optional) :

      ATTORN EY FOR (Name):Plaintiffs, Johns, et al.
      SUPERIOR COURT OF CALIFORNIA, COUNTY OF         Fresno                                   E-FILED
       STREET ADDRESS:   1130 0   Street                                                       2/20/2018 2:39 PM
       MAILING ADDRESS:
                                                                                               FRESNO COUNTY SUPERIOR COURT
      CITY AND ZIP CODE: Fresno, CA 93721
          BRANCH NAM E:  Central Courthouse                                                    By: I. Herrera, Deputy
         PLAINTIFF/PETITIONER:    DALLAS JOHNS, et al.

      DEFENDANT/RESPONDENT: CENTEX            HOMES, et al.

                                                                                                CASE NUMBER:
                                REQUEST FOR DISMISSAL
                                                                                                16CECG0 1799
       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) :* As to Plaintiffs Kou Moua and Shelly Cha ONLY. All other named Plaintiffs to remain
    2. (Complete in all cases except family law cases.)                                                                       in case.
       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).



       (TYPE OR PRINT NAME OF[X] ATTORNEY       PARTY W ITHOUT ATTORNEY)                                   (S IGNATURE)

    *                                                                           Attorney or party without attorney for:
      If dismissal requested is of specified parties only, of specified causes of action
      only, or of specified cross-complaints only, so slate and identify the parties,
      causes of action , or cross-complaints to be dismissed.
                                                                                [X]  Plaintiff/Petitioner           DefendanURespondent
                                                                                     Cross-Complainant
    3. TO THE CLERK: Consent to the above dismissal is hereby given .**
    Date:


       (TYP E OR PRINT NAME OF    ATTORNEY      PARTY W ITH OUT ATTORNEY)                                   (S IGNATURE)

    ** If a cross-complaint - or Response (Family Law) seeking affirmative       Attorney or party without attorney for:
       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)       Plaintiff/Petitioner           DefendanURespondent
       or (j).
                                                                                      Cross-Complainant

    (To be completed by clerk)
    4.  x    Dismissal entered as requested on (date) :  2/20/2018
    5.       Dismissal entered on (date) :                               as to only (name):
    6.       Dismissal not entered as requested for the following reasons (specify) :


             x                                                         2/23/2018
    7.  a.        Attorney or party without attorney notified on (date) :
        b.        Attorney or party without attorney not notifi ed .
                                                                  Filing party failed to provide
                       a copy to be conformed          means to return conformed copy
    Date:
         2/23/2018                                                   Clerk , by_ _ _ _I._Herrera
                                                                                             _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , Deputy
                                                                                                                                        Page 1 of 2
      Form Adopted for Mandatory Use
                               CEBEssential
       Judicia l Council of California
        CIV-11 0 [Rev. Jan. 1, 2013]
                               ceb.comp [Forms
                                                           REQUEST      FOR    DISMISSAL
                                                                                                                        Code of Civil Procedure, § 581 et seq.;
                                                                                                             Gov. Code, § 68637(c); Cal. Ru les of Court, rule 3.1390
                                                                                                                                     www.courts.ca.gov

                                                                                         Centex-Clovis
                                                                                                                                      ClV-110
            PLAINTIFF/PETITIONERZ           DALLAS       JOHNS, Ct al.                       CASE   NUMBERS
                                                                                              16CECG01799
          DEFENDANT/RESPONDENT;             CENTEX HOMES,            et a1.




                                        COURT'S     RECOVERY 0F WAIVED COURT FEES AND COSTS
                      Ifa party whose court fees and costs were         waived has recovered or
                                                                 initially                           recover $10,000 or
                                                                                                  will

                      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 lienissatisfied. (Gov.Code, § 68637.)


                                                Declaration     Concerning      Waived     Court   Fees

            1. The coun waived fees and costs   inthis action for
                                                                (name):

            2. The person  initem 1 is(check one below):
               a.

               b.
                  D
                  D
                       not recovering anything of value bythis action.
                       recovering less than $10,000  invalue by this action.
               c. D    recovering $10,000 or  more  invalue by this action.(Ifitem 20is checked,  item 3 must be completed.)

            3. D    Allcourt fees and costs thatwere waived         action have been
                                                              in this                 paid to the court (check one):   D    Yes  D    No

         |declare under penalty of perjury under the laws ofthe State of California that the information aboveistrue and correct.

         Date:



           (TYPEOR PRINT NAME OF D   ATTORNEY  D   PARTY MAKING DECLARATION)                                 (SIGNATURE)




             [   W”
       CIv-Mo R 9V .J 1‘2013
                           1

                                                           REQUEST      FOR    DISMISSAL
                                                                                                                                          P “9” 2012

       CEB‘
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              Essentia!
                                                                                           Centex-Clovis
                                                                                                                                           2931
                             SUPERIOR COURT OF CALIFORNIA
                                 FOR THE COUNTY OF FRESNO                                                FOR COURT USE ONLY

          TITLE OF CASE :
          DALLAS JOHNS, et al. v. CENTEX HOMES., et al.

          ATTORNEY(S) NAME AND ADDRESS:
           Luke P. Ryan, Esq., SBN 167634                             Phone: 619-239-5900
           Ernie W. Chen, Esq., SBN 309880                            Fax:     619-239-1833
           SHINNICK & RYAN LLP
           1650 Hotel Circle North, Suite 200
           San Diego, CA 92108

          ATTORNEY(S) FOR:                             HEARING:         DATE-TIME-DEPT                  CASE NUMBER:
          Plaintiffs, Johns, et al.                                                                     16CECG01799


                                                        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 1650 Hotel Circle North, Suite 200, San Diego,
         California 92108. On February 20, 2018 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:

                                                 PLEASE SEE ATTACHED SERVICE LIST

         [X]      (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.

         [   ]    (BY TELECOPIER/FACSIMILE) I caused such document(s) to be transmitted to the addressee(s)
         facsimile number(s) noted above. The facsimile machine I used complied with Rule 2003(3) and the
         transmission was reported as complete and without error.

                  I declare under penalty of perjury that the foregoing is true and correct.             Executed on February
         20, 2018, at San Diego, California.

                                                                                      ___________________________________
                                                                                          Lei Wang, Declarant




                                                                 PROOF OF SERVICE
                                                             (C.C.P. § 1013A and § 2105.5)
                                             DALLAS JOHNS, et al. v. CENTEX HOMES, et al.
                                             Fresno County Superior Court Case No. 16CECG01799

                                                                      File No. 2931
                                                          PLAINTIFFS’ SERVICE LIST
                                                                     Centex-Clovis


         Attorney/Firm:                              Phone:                Fax:                          Party:
         Joseph A. Ferrentino, Esq.                   925-988-3200               925-988-3290                     CENTEX HOMES;
         J. Brian Morrow, Esq.                                              ivo.daniele@ndlf.com          CENTEX REAL ESTATE CORP
         Ivo G. Daniele, Esq.
         NEWMEYER & DILLION LLP
         1333 N. California Blvd., Ste. 600
         Walnut Creek, CA 94596
         David S. Lee, Esq.                           925-939-2000              925-939-2008                    Associated Counsel for:
         Heather Ingle Gernhardt, Esq.                                     dlee@lee-lawfirm.com                    CENTEX HOMES
         Bao Nguyen, Esq.                                                        hingle@lee-
         LEE, HERNANDEZ, LANDRUM                                                 lawfirm.com
         & GAROFALO                                                             bnguyen@lee-
         1600 Riviera Ave., Ste. 310                                             lawfirm.com
         Walnut Creek, CA 94596

                                                                                                                   Box Checked if Served:
                                                                                                                 SPECIAL MASTER
                                                                                                           DOCUMENT DEPOSITORY




                                                            PLAINTIFFS’ SERVICE LIST
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