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CIV-110
ATTORNEY OR PARTY WITHOUT ATTORNEY. STATE BARNO: 166487 FOR COURT USE ONLY
‘ame: Thornton Davidson
FIRM NAME: Thornton Davidson, PC
‘STREET ADDRESS: 1195 W. Shaw Ave, Ste A
city: Fresno state: CA ZIP CODE: 93711
TELEPHONENO: 559-476-5064 FAX NO.
EmaIL ADDRESS: thornton@thorntondavidsonlaw.com
ATTORNEY FOR (Name): Jason Neel
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Cruz
STREET ADDRESS: 701 Ocean St
MAILING ADDRESS:
city AND zip cope: Santa Cruz 95060
BRANCH NAME: Civil Department
Plaintiff/Petitioner: Jason Neel
Defendant/Respondent: Superior Loan Servicing, et al.
CASE NUMBER:
REQUEST FOR DISMISSAL 22CV01758
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.)
1 TO THE CLERK: Please dismiss this action as follows:
a. (1) [-_] With prejudice (2) [3€] Without prejudice
b. (1) [3¢] 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):* As to Superior Loan Servicing ONLY; Each party to pay their own costs and fees
2. (Complete in all cases except family law cases.)
The court [_] did [[<] didnot 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 foi rm must be com, yerga).
cg
Date: October 12, 2023
Thornton Davidson LZ
(TYPE OR PRINT NAME OF ATTORNEY [x ] PARTY WITHOUT ATTORNE Y) (SIGNATURE)
“If dismissal requested is of specified parties only of specified causes of action only”eo Attorne’ r party without attorney for:
or of specified cross-complaints only, so state and identify the parties, causes of [6c] Plaintiff/Petitioner [J 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 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 [-) Plaintiff/Petitioner [_) Defendant/Respondent
this consent if required by Code of Civil Procedure section 581 (i) or (j
[] Cross Complainant
(To be completed by clerk)
4. [__] Dismissal entered as requested on (date):
5 [__] Dismissal entered on (date): as to only (name):
6. [__] Dismissal not entered as requested for the following reasons (specify):
7. a. [__] Attorney or party without attorney notified on (date):
b. [_] Attorney or party without attorney not notified. Filing party failed to provide
[) a copy to be conformed [) means to return conformed copy
Date: Clerk, by Deputy Page 1 of 2
Form Adopted for Mandatory Use Code of Civil Procedure, § 581 et seq.; Gov. Cade,
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
Plaintiff/Petitioner: Jason Neel ‘CASE NUMBER:
22CV01758
Defendant/Respondent: Superior Loan Servicing, 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. [__] 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
| 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)
CIV-410 [Rev. January 4, 2013] REQUEST FOR DISMISSAL Page 2 of 2
PROOF OF SERVICE
STATE OF CALIFORNIA _ )
COUNTY OF FRESNO ) Ss.
I certify and declare as follows:
Iam a citizen of the United States and a resident of the County aforesaid; I am over the age}
of eighteen years and not a party to the within above entitled action; my business address is 1195
W. Shaw Ave., Ste. A, Fresno, California 93711, which is located in the county where the mailing
described below took place.
I am readily familiar with the business practice at my place of business for collection and
processing of correspondence for mailing with the United Stated Postal Service. Correspondence
so collected and processed is deposited with the United States Postal Service that same day in the
10 ordinary course of business.
11 On October 12, 2023, at my place of business in Fresno, California, I served the within:
12
e REQUEST FOR DISMISSAL — AS TO SUPERIOR LOAN SERVICING ONLY
13
as follows:
14
Edward Egan Smith Attorney for Defendant United States Real
15
STEYER LOWENTHAL BOODROOKAS Estate Corporation
16 ALVAREZ & SMITH LLP
235 Pine Street, 15" floor
17 San Francisco, CA 94104
smith@steyerlaw.com
18
mdelbridge@steyerlaw.com
19 Jacoby Perez Attorney for Defendant United States Real
Geraci Law Firm and Conferences Estate Corporation
20 90 Discovery
Irvine, CA 92618
21
j.perez@geracillp.com
22 concierge@geracillp.com
Michael Beuselinck Attorney for CNA Equity Group, LLC
23 Michael Beuselinck, P.C.
490 43 St., #37
24
Oakland, CA 94609
25 mike@lawmtb.com
Kristi M. Wells Attorney for Asset Default Management, Inc.
26 LAW OFFICE OF EDWARD T. WEBER
17151 Newhope St., Ste. 203
27 Fountain Valley, CA 92708
28 kristi@eweberlegal.com
ed@eweberlegal.com
PROOF OF SERVICE
1
Mark J. Sarni Attorney for Rush My File
SOUTH BAY ADR
3424 Carson Street, Ste 350
Torrance, CA 90503
southbayadr@gmail.com
[Xx] BY EMAIL: | electronically transmitted a true and correct copy thereof to the
interested parties’ electronic notification address(es) of record before close of business for the
purpose of effecting service and the transmission was reported as complete and without error.
[Xx] BY U.S. MAIL: I placed a true and correct copy thereof enclosed in a sealed
envelope with postage thereon fully prepaid in the United States at Fresno, California
0] BY OVERNIGHT MAIL: I caused each envelope with postage thereon fully
prepaid, to be sent by overnight express delivery carrier
10
t] BY FACSIMILE: I caused a true and correct copy thereofto be sent by facsimile
11 transmission to the above-listed numbers.
12
(] BY HAND DELIVERY: I caused a true and correct thereof to be delivered by han
13 to the offices listed above.
14 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
15
16 Exec October 1 2023, at Fresno, California.
17 AX,
Fhornton Davidson
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PROOF OF SERVICE
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CIV-110 ATTORNEY OR PARTY WITHOUT ATTORNEY. STATE BARNO: 166487 FOR COURT USE ONLY ‘ame: Thornton Davidson FIRM NAME: Thornton Davidson, PC ‘STREET ADDRESS: 1195 W. Shaw Ave, Ste A city: Fresno state: CA ZIP CODE: 93711 TELEPHONENO: 559-476-5064 FAX NO. EmaIL ADDRESS: thornton@thorntondavidsonlaw.com ATTORNEY FOR (Name): Jason Neel SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Cruz STREET ADDRESS: 701 Ocean St MAILING ADDRESS: city AND zip cope: Santa Cruz 95060 BRANCH NAME: Civil Department Plaintiff/Petitioner: Jason Neel Defendant/Respondent: Superior Loan Servicing, et al. CASE NUMBER: REQUEST FOR DISMISSAL 22CV01758 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.) 1 TO THE CLERK: Please dismiss this action as follows: a. (1) [-_] With prejudice (2) [3€] Without prejudice b. (1) [3¢] 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):* As to Superior Loan Servicing ONLY; Each party to pay their own costs and fees 2. (Complete in all cases except family law cases.) The court [_] did [[<] didnot 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 foi rm must be com, yerga). cg Date: October 12, 2023 Thornton Davidson LZ (TYPE OR PRINT NAME OF ATTORNEY [x ] PARTY WITHOUT ATTORNE Y) (SIGNATURE) “If dismissal requested is of specified parties only of specified causes of action only”eo Attorne’ r party without attorney for: or of specified cross-complaints only, so state and identify the parties, causes of [6c] Plaintiff/Petitioner [J 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 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 [-) Plaintiff/Petitioner [_) Defendant/Respondent this consent if required by Code of Civil Procedure section 581 (i) or (j [] Cross Complainant (To be completed by clerk) 4. [__] Dismissal entered as requested on (date): 5 [__] Dismissal entered on (date): as to only (name): 6. [__] Dismissal not entered as requested for the following reasons (specify): 7. a. [__] Attorney or party without attorney notified on (date): b. [_] Attorney or party without attorney not notified. Filing party failed to provide [) a copy to be conformed [) means to return conformed copy Date: Clerk, by Deputy Page 1 of 2 Form Adopted for Mandatory Use Code of Civil Procedure, § 581 et seq.; Gov. Cade, 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 Plaintiff/Petitioner: Jason Neel ‘CASE NUMBER: 22CV01758 Defendant/Respondent: Superior Loan Servicing, 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. [__] 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 | 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) CIV-410 [Rev. January 4, 2013] REQUEST FOR DISMISSAL Page 2 of 2 PROOF OF SERVICE STATE OF CALIFORNIA _ ) COUNTY OF FRESNO ) Ss. I certify and declare as follows: Iam a citizen of the United States and a resident of the County aforesaid; I am over the age} of eighteen years and not a party to the within above entitled action; my business address is 1195 W. Shaw Ave., Ste. A, Fresno, California 93711, which is located in the county where the mailing described below took place. I am readily familiar with the business practice at my place of business for collection and processing of correspondence for mailing with the United Stated Postal Service. Correspondence so collected and processed is deposited with the United States Postal Service that same day in the 10 ordinary course of business. 11 On October 12, 2023, at my place of business in Fresno, California, I served the within: 12 e REQUEST FOR DISMISSAL — AS TO SUPERIOR LOAN SERVICING ONLY 13 as follows: 14 Edward Egan Smith Attorney for Defendant United States Real 15 STEYER LOWENTHAL BOODROOKAS Estate Corporation 16 ALVAREZ & SMITH LLP 235 Pine Street, 15" floor 17 San Francisco, CA 94104 smith@steyerlaw.com 18 mdelbridge@steyerlaw.com 19 Jacoby Perez Attorney for Defendant United States Real Geraci Law Firm and Conferences Estate Corporation 20 90 Discovery Irvine, CA 92618 21 j.perez@geracillp.com 22 concierge@geracillp.com Michael Beuselinck Attorney for CNA Equity Group, LLC 23 Michael Beuselinck, P.C. 490 43 St., #37 24 Oakland, CA 94609 25 mike@lawmtb.com Kristi M. Wells Attorney for Asset Default Management, Inc. 26 LAW OFFICE OF EDWARD T. WEBER 17151 Newhope St., Ste. 203 27 Fountain Valley, CA 92708 28 kristi@eweberlegal.com ed@eweberlegal.com PROOF OF SERVICE 1 Mark J. Sarni Attorney for Rush My File SOUTH BAY ADR 3424 Carson Street, Ste 350 Torrance, CA 90503 southbayadr@gmail.com [Xx] BY EMAIL: | electronically transmitted a true and correct copy thereof to the interested parties’ electronic notification address(es) of record before close of business for the purpose of effecting service and the transmission was reported as complete and without error. [Xx] BY U.S. MAIL: I placed a true and correct copy thereof enclosed in a sealed envelope with postage thereon fully prepaid in the United States at Fresno, California 0] BY OVERNIGHT MAIL: I caused each envelope with postage thereon fully prepaid, to be sent by overnight express delivery carrier 10 t] BY FACSIMILE: I caused a true and correct copy thereofto be sent by facsimile 11 transmission to the above-listed numbers. 12 (] BY HAND DELIVERY: I caused a true and correct thereof to be delivered by han 13 to the offices listed above. 14 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 15 16 Exec October 1 2023, at Fresno, California. 17 AX, Fhornton Davidson 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE