On September 29, 2023 a
RFD - Joe Garcia - scanned
was filed
involving a dispute between
Guerra, Olivia,
Guerra, Roberto,
Guerra, Rogelio,
Guerra, Savannah,
Munoz, Olga,
Munoz, Yeshua,
and
Garcia, Joe,
Interstate 2010-1 Fund Llc,
for 06-CV Breach of Contract/Warranty-Civil Unlimited
in the District Court of Kern County.
Preview
CIV-110
A7TORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NO 239416 FOR COURTUSEONLY
NAME Jonathan Nielsen
riRM NAME Nielsen, Peterson & Nielsen LLP
s~~EE~AooREss 4015 Mission Oaks Blvd., Suite B
oin Camarilla sTATE CA zIPcoDE 93012
TELEPHQNE No (805) 639-8600 FAX NO (805) 228-4669
E MAiLAooREss nielsen@npnlaw.corn
PlaintiffS
ATTORNEY FOR (Name)
SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN
sTREEr AooREss 1215 Truxtun Ave
MAiUNG ADDREss 1215 Truxtun Ave
OITY AND zip coDE Bakersfield, CA 93301
BRANCH NAME Metro Justice
Plaintiff/Petitioner: OLGA MUNOZ; ET AL
Defendant/Respondent: INTERSTATE 2010-1 FUND LLC; ET AL
CASE NUMBER
REQUEST FOR DISMISSAL BCV-23-103264
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
a. (1) ~
TO THE CLERK. Please dismiss this action as followEEI
~ With prejudice
~
(2) ~x Without prejudice
b (1)
(3) ~
~
Complaint (2) Petition
Cross-complaint filed by (name): on (date)
on (dale)
(4)
(5) ~ Cross-complaint filed by (name)i
Entire action of all parties and all causes of action
(6) ~x Other (spec//y).'efendant Joe Garcia ONLY
The court ~
2. (Comp/e/e rn all cases except family law cases )
did ~x did not waive court fees and costs for a party in this case. (This lnforma/ron mey be obtained from the
c/erk lf court fees and costs were waived, the declaration on the back of this form must be comp/eted).
Date: '44I ls'1
Jonathan Nielsen
(TYPE OR PRINT NAME OF ~X ATTORNEY
~ PARTY YSTHOUT ATTORNEY) (SIGNATURE)
'lf dismissal requested is of spemfied parbes only of spemfied causes of action only,
or of specified cross-complaints only, so staie and identify the parties causes of
action, or cross-complaints to be dismissed.
~
~x Plaintiff/Petitioner
Cross Complainant
~
Attorney or party without attorney for:
Defendant/Respondent
3 TO THE CLERK: Consent to the above dismissal is hereby given
Date:
(TYPE OR PRINT NAME OF
~ ATTORNEY
~ PARTY WITHOUT ATTOFINEY) (SIGNATURE)
*'f a crossmomplmnt — or Response (Family Law) seeking afiirmative
rshef — is on file, the attorney for cross-complement (respondent) must sign
thrs consent if required by Code of Civil Procedure section 551 (i) or (I) ~
~ Plaintiff/Petitioner
Cross Complainant
~
Attorney or party without attorney for:
Defendant/Respondent
4. ~
(To be completed by clerk)
~ Dismissal entered as requested on (date):
5
6. ~ Dismissal entered on (dale). as to only (name).
Dismtssal not entered as requested for the following reasons (specify)
7. ~
~~
a. (dale)'.Attorney or party without attorney notified on
Date
a copy to be conformed ~
Attorney or party without attorney not notified Filing party failed to provide
means to return conformed copy
Clerk, by DBPU(y p g 1or2
Form Adopted for Mandatory Uss code of crvtl procedure,5 551 st ssq, Gov code
Ju desi Counol of Calromra
REQUEST FOR DISMISSAL 5 BEB37(c), Csl Rules of Coun, rule 3 1390
clv.110 IRsv Jan I, 2013) vnnv coufis cs gov
CIV-110
CASE NUMBER
Plaintiff/Petitioner OLGA MUNOZ; ET AL
BCV-23-103264
DefendantlRespondent. INTERSTATE 2010-1 FUND LLC, 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, g 66637 )
Declaration Concerning Waived Court Fees
1 The court waived court fees and costs in this action for (name).
The person named is (check one below):
~
2 in item 1
a
b
c
~
~
not recovering anything of value by this action
recovering less than $ 10,000 in value by this action.
recovering $ 10,000 or more in value by this action. (If item 2cis checked, item 3 must be completed)
3 ~ All court fees and court costs that were wawed in this action have been paid to the court (check one): yes No
I declare under penalty of periury under the laws of the State of California that the information above is true and correct
Date.
(TYPE OR PR NT NAME OF ~ ATTORNEY
~ PARTY MAK NG OEC(ARATION(
(SIGNATUREI
Page 2 of 2
Clv-110 [Reu January 1, 2013( REQUEST FOR DISIIISSAL
PROOF OF SERVICE
I am over the age of 18 years and not a party to this action. My business address is 4015
Mission Oaks Blvd., Suite B, Camarillo, CA 93012
On II '~ l loLt4 I served the foregoing document described as REQUEST
FOR DISMISSAL on the interested parties in this action as follows:
Leslie A. McAdam Attorneys for Defendant INTERSTATE 2010-
FERGUSON CASE ORR PATERSON LLP 1 FUND LLC dba INTERSTATE 2010-1
1050 S. ICtmball Road LLC
Ventura, California 93004
Imcadamg fcoplaw.corn
10 BY MAIL: I placed a true copy m a sealed envelope addressed as indicated above
and placed it postage prepaid in the L'S Mail.
12 BY CERTIFIED MAIL: I placed a true copy in a sealed envelope addressed as
indicated above via certified mail.
13
BY F.MAIL: I personally sent a true copy to the addressee's email address:
14
15
Ideclare under penalty of perjury under the laws of the State of California that the foregoing is true
16 and correct.
17 at Camarillo, California.
18
19 Danielle Reyes
20
21
22
23
24
25
26
27
28
PROOF OF SERVICE
Document Filed Date
April 17, 2024
Case Filing Date
September 29, 2023
Category
06-CV Breach of Contract/Warranty-Civil Unlimited
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CIV-110 A7TORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NO 239416 FOR COURTUSEONLY NAME Jonathan Nielsen riRM NAME Nielsen, Peterson & Nielsen LLP s~~EE~AooREss 4015 Mission Oaks Blvd., Suite B oin Camarilla sTATE CA zIPcoDE 93012 TELEPHQNE No (805) 639-8600 FAX NO (805) 228-4669 E MAiLAooREss nielsen@npnlaw.corn PlaintiffS ATTORNEY FOR (Name) SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN sTREEr AooREss 1215 Truxtun Ave MAiUNG ADDREss 1215 Truxtun Ave OITY AND zip coDE Bakersfield, CA 93301 BRANCH NAME Metro Justice Plaintiff/Petitioner: OLGA MUNOZ; ET AL Defendant/Respondent: INTERSTATE 2010-1 FUND LLC; ET AL CASE NUMBER REQUEST FOR DISMISSAL BCV-23-103264 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 a. (1) ~ TO THE CLERK. Please dismiss this action as followEEI ~ With prejudice ~ (2) ~x Without prejudice b (1) (3) ~ ~ Complaint (2) Petition Cross-complaint filed by (name): on (date) on (dale) (4) (5) ~ Cross-complaint filed by (name)i Entire action of all parties and all causes of action (6) ~x Other (spec//y).'efendant Joe Garcia ONLY The court ~ 2. (Comp/e/e rn all cases except family law cases ) did ~x did not waive court fees and costs for a party in this case. (This lnforma/ron mey be obtained from the c/erk lf court fees and costs were waived, the declaration on the back of this form must be comp/eted). Date: '44I ls'1 Jonathan Nielsen (TYPE OR PRINT NAME OF ~X ATTORNEY ~ PARTY YSTHOUT ATTORNEY) (SIGNATURE) 'lf dismissal requested is of spemfied parbes only of spemfied causes of action only, or of specified cross-complaints only, so staie and identify the parties causes of action, or cross-complaints to be dismissed. ~ ~x Plaintiff/Petitioner Cross Complainant ~ Attorney or party without attorney for: Defendant/Respondent 3 TO THE CLERK: Consent to the above dismissal is hereby given Date: (TYPE OR PRINT NAME OF ~ ATTORNEY ~ PARTY WITHOUT ATTOFINEY) (SIGNATURE) *'f a crossmomplmnt — or Response (Family Law) seeking afiirmative rshef — is on file, the attorney for cross-complement (respondent) must sign thrs consent if required by Code of Civil Procedure section 551 (i) or (I) ~ ~ Plaintiff/Petitioner Cross Complainant ~ Attorney or party without attorney for: Defendant/Respondent 4. ~ (To be completed by clerk) ~ Dismissal entered as requested on (date): 5 6. ~ Dismissal entered on (dale). as to only (name). Dismtssal not entered as requested for the following reasons (specify) 7. ~ ~~ a. (dale)'.Attorney or party without attorney notified on Date a copy to be conformed ~ Attorney or party without attorney not notified Filing party failed to provide means to return conformed copy Clerk, by DBPU(y p g 1or2 Form Adopted for Mandatory Uss code of crvtl procedure,5 551 st ssq, Gov code Ju desi Counol of Calromra REQUEST FOR DISMISSAL 5 BEB37(c), Csl Rules of Coun, rule 3 1390 clv.110 IRsv Jan I, 2013) vnnv coufis cs gov CIV-110 CASE NUMBER Plaintiff/Petitioner OLGA MUNOZ; ET AL BCV-23-103264 DefendantlRespondent. INTERSTATE 2010-1 FUND LLC, 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, g 66637 ) Declaration Concerning Waived Court Fees 1 The court waived court fees and costs in this action for (name). The person named is (check one below): ~ 2 in item 1 a b c ~ ~ not recovering anything of value by this action recovering less than $ 10,000 in value by this action. recovering $ 10,000 or more in value by this action. (If item 2cis checked, item 3 must be completed) 3 ~ All court fees and court costs that were wawed in this action have been paid to the court (check one): yes No I declare under penalty of periury under the laws of the State of California that the information above is true and correct Date. (TYPE OR PR NT NAME OF ~ ATTORNEY ~ PARTY MAK NG OEC(ARATION( (SIGNATUREI Page 2 of 2 Clv-110 [Reu January 1, 2013( REQUEST FOR DISIIISSAL PROOF OF SERVICE I am over the age of 18 years and not a party to this action. My business address is 4015 Mission Oaks Blvd., Suite B, Camarillo, CA 93012 On II '~ l loLt4 I served the foregoing document described as REQUEST FOR DISMISSAL on the interested parties in this action as follows: Leslie A. McAdam Attorneys for Defendant INTERSTATE 2010- FERGUSON CASE ORR PATERSON LLP 1 FUND LLC dba INTERSTATE 2010-1 1050 S. ICtmball Road LLC Ventura, California 93004 Imcadamg fcoplaw.corn 10 BY MAIL: I placed a true copy m a sealed envelope addressed as indicated above and placed it postage prepaid in the L'S Mail. 12 BY CERTIFIED MAIL: I placed a true copy in a sealed envelope addressed as indicated above via certified mail. 13 BY F.MAIL: I personally sent a true copy to the addressee's email address: 14 15 Ideclare under penalty of perjury under the laws of the State of California that the foregoing is true 16 and correct. 17 at Camarillo, California. 18 19 Danielle Reyes 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE