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CIV-110
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: 103340 FOR COURT USE ONLY
NAME: William D. Morrow, Esq.
FIRM NAME MORROW & WHITE
STREET ADDRESS: 1600 Dove Street, Suite 315
c1w Newport Beach STATE: CA ZIP CODE: 92660
TELEPHONE NO. 714.979.7999 FAX NO.: 714.979.7779
E-MAIL ADDRESS: billmorrow@morrow-white.com
ATTORNEYFOR(name): KEN TAUB d/b/a KT CONSTRUCTION
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA
STREET ADDRESS: 1100 Anacapa Street
MAILING ADDRESS: 1100 Anacapa Street
CITY AND ZIP CODE: Santa Barbara, CA 93121-1107
BRANCH NAME:
PLAINTIFF/PETITIONER: JOHN C. ELLSWORTH, etc., et al.
DEFENDANT/RESPONDENT: SIERRA PACIFIC WINDOWS, etc., et al.
CASE NUMBER:
REQUEST FOR DISMISSAL 19CV02346
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) [RJ With prejudice (2) 0 Without prejudice
b. (1) D
Complaint (2) Petition D
(3) [RJ Cross-complaint filed by (nam e ): KEN TAUB d/b/a KT CONSTRUCTION on (date): October 18, 2019
(4) D Cross-complaint filed by (name ): on (date):
(5) D Entire action of all parties and all causes of action
(6) [RJ Other (spe cify):* AS TO QUALITY PLASTERING, INC. (MOE 2) and CHUCK THERIOT PAINTING, INC. ONLY
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2. (Compl ete in all cas e s exc e pt family law cas es.)
The court D did did not waive court fees and costs for a party in this case. (This information may be obtain ed from
the cle rk._ If court fe e s and costs wer e waive d, th e d eclaration on th e back of this form must b e 3c ..gtyted). /'!1 · . .,,. 7
,;.2��;�
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Date: April 19, 2024 _ _
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WILLIAM D. MORROW
(TYPE OR PRINT NAME OF ATTORNEY D PARTY WITHOUT ATTORNEY) J_,:;::::---· - (SIGNATURE) . ·,
*If dismissal requested is of specified parties only of specified causes of action only, or Attorney or party without attorney for:
of specified cross-complaints only, so state and identify the parties, causes of action,
or cross-complaints to be dismissed
D Plaintiff/Petitioner D
Defendant/Respondent
W Cross-Complainant
3. TO THE CLERK: Consent to the above dismissal is hereby given.**
Date: ----------
►
(TYPE OR PRINT NAME OF D ATTORNEY D PARTY WITHOUT ATTORNEY) (SIGNATURE)
•• If a cross-complaint - or Response (Family Law) seeking affirmative relief - is on Attorney or party without attorney for:
file, the attorney for cross-complainant (respondent) must sign this consent if required D Plaintiff/Petitioner D
Defendant/Respondent
by Code of Civil Procedure section 581 (i) or U).
D Cross-Complainant
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 (spe cify):
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
------------------ Page 1 of 2
, Deputy
Form Adopted for Mandatory Use REQUEST FOR DISMISSAL Code of Civil Procedure, § 581 et seq.;
Judicial Council of California Gov. Code,§ 68637(c); Cal. Rules of Court, rule 3.1390
CIV-110[Rev. January 1, 2013] www.courts.ca.gov
CIV-110
PLAINTIFF/PETITIONER: JOHN C. ELLSWORTH, etc., et al. CASE NUMBER:
19CV02346
DEFENDANT/RESPONDENT: SIERRA PACIFIC WINDOWS, etc., 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. D not recovering anything of value by this action.
b. D recovering less than $10,000 in value by this action.
c. D 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): D Yes 1 1 ��o
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 D ATTORNEY D PARTY MAKING DECLARATION) (SIGNATURE)
Page 2 of 2
CIV-110 [Rev. January 1, 2013] REQUEST FOR DISMISSAL
1 PROOF OF SERVICE
2
[CCP §§ 1013(a) and 2015.5]
3 I am employed in the County of Orange, State of California. I am over the age of 18 and
not a party to the within action; my business address is 1600 Dove Street, Suite 315, Newport
4
Beach, California 92660.
5
On April 24, 2024, I served the foregoing documents described as REQUEST FOR
6 DISMISSAL on all interested parties in this action pursuant to the attached service list,
incorporated herein by reference, by placing the true copies thereof enclosed in sealed envelopes
7 addressed as listed below:
8 SEE ATTACHED SERVICE LIST
9
[] BY MAIL: I deposited such envelope in the mail at Newport Beach, California. The envelope
10
was mailed with postage thereon fully prepaid. I am “readily familiar” with the firm’s practice
collection and processing correspondence for mailing. Under that practice, said correspondence
11 is deposited with the United States Postal Service on that same day with postage thereon fully
prepaid at Newport Beach, California in the ordinary course of business; and there is delivery
12 service by United States mail at the place so addressed. I am aware that on motion of the party
served, service is presumed invalid if postal cancellation date or postage meter date is more than
13 one day after date of deposit for mailing in affidavit.
[ ] BY FILE & SERVEXPRESS: I caused the above-listed document to be transmitted by File &
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ServeXpress at www.fileandservexpress.com addressed to all parties appearing on the electronic
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service list for the above-entitled case. The service transmission was reported as complete and a
copy of the File & ServeXpress Filing Receipt Page/Confirmation will be maintained with the
16 original document in this office.
[X] BY EMAIL: I caused the above-listed document to be transmitted by electronic transmission,
17 addressed to all parties appearing on the attached service list for the above-entitled case by using
email address cguest@morrow-white.com. The service transmission was reported as complete
18 and a copy of the email receipt will be maintained with the original document in this office.
[ ] EXPEDITED EXPRESS MAIL: By placing a true copy thereof, enclosed in a sealed
19
envelope, with delivery charges to be billed to Morrow & White, to be delivered by GOLDEN
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STATE OVERNIGHT/FEDERAL EXPRESS, to the address(es) shown:
21 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
22
23
Executed on April 24, 2024, at Newport Beach, California.
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COLEEN GUEST
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G:\21-003 Ellsworth v Sierra Pacific\Service\POS & Service List.doc -1-
PROOF OF SERVICE
1 Ellsworth v Sierra Pacific
Santa Barbara County Superior Court
2
Case No.: 19CV02346
3 SERVICE LIST
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5
ATTORNEY / FIRM TEL / FAX NOS. PARTY REPRESENTED
Michael S. Eisenbaum, Esq. T: (818) 907-4000 PLAINTIFFS
6 GRAY•DUFFY F: (818) 783-4551
21700 Oxnard Street, Suite 1950
7 Woodland Hills, CA 91367
meisenbaum@grayduffylaw.com
8
llavallee@grayduffylaw.com
9 Randall H. Davis, Esq. (707) 442-3891 SIERRA PACIFIC WINDOWS
DUN & MARTINEK LLP (707) 442-9251
10 Mailing:
P O Box 1266
11 Eureka, CA 95502
Street:
12
324 I Street
Eureka, CA 95502
13
rhd@dunmartinek.com
14 jaf@dunmartinek.com – Jo-Anne Legal Asst.
Bethsaida C. Obra-White, Esq. (213) 542-8072 SAMPANIS CONSTRUCTION,
15 HAIGHT BROWN & BONESTEEL Nicolette INC.
555 S. Flower St., 45th Flr (213) 542-8000 Ofc
16
Los Angeles, CA 90071 (213) 542-8100 Fax
17 bobra-white@hbblaw.com
Catherine Lagman-Legaspi, Esq. T: (818) 712-9800 CHUCK THERIOT
18 BREMER WHYTE BROWN & PAINTING, INC. and
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O’MEARA QUALITY PLASTERING
21215 Burbank Blvd., Suite 500
20 Woodland Hills, CA 91367
clegaspi@bremerwhyte.com
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sdelacruz@bremerwhyte.com
22 Patrick Au, Esq. d: 747.900.5810 QUALITY PLASTERING
Patrick Malone, Esq. T: 818.712.9800
23 Shervin G. Shanoongooi, Esq. F: 818.712.9900
Bremer Whyte Brown & O'Meara, LLP Shervin direct:
24
21215 Burbank Blvd., Suite 500 818-712-5840
25 Woodland Hills, CA 91367
pau@bremerwhyte.com
26 sreutter@bremerwhyte.com
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G:\21-003 Ellsworth v Sierra Pacific\Service\POS & Service List.doc -2-
PROOF OF SERVICE
1 ATTORNEY / FIRM TEL / FAX NOS. PARTY REPRESENTED
Darren M. Ebner, Esq T: 714-957-5742 HANSEN BUILDERS, INC.
2
Lisette M. Baptiste, Esq. dba HANSEN FARMS
3 SPRINGEL & FINK, LLP
20377 SW Acacia Street, Suite 250
4 Newport Beach, CA 92660
debner@springelfink.com
5
lbaptiste@springelfink.com
6 camailroom@springelfink.com
Juliesa Zamudio -
7 jzamudio@springelfink.com
8 Jeffrey Stewart (949) 590-4065 CHUCK THERIOT
LAW OFFICES OF KAREN M. PAINTING, INC.
9 JOHNSON
17771 Cowan, Suite 260
10
Irvine, CA 92614
11 Jeffrey.stewart@amtrustgroup.com
stephanie.martinez@amtrustgroup.com
12 Todd A. Fischer, Esq. (831) 372-9200 CHRIS SCOTT MASONRY,
FISCHER | SCHONEMAN LLP (831) 372-9220 INC.
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2511 Garden Road, Suite B270
14 Monterey, CA 93940
todd@fsllp-law.com
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G:\21-003 Ellsworth v Sierra Pacific\Service\POS & Service List.doc -3-
PROOF OF SERVICE
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CIV-110 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: 103340 FOR COURT USE ONLY NAME: William D. Morrow, Esq. FIRM NAME MORROW & WHITE STREET ADDRESS: 1600 Dove Street, Suite 315 c1w Newport Beach STATE: CA ZIP CODE: 92660 TELEPHONE NO. 714.979.7999 FAX NO.: 714.979.7779 E-MAIL ADDRESS: billmorrow@morrow-white.com ATTORNEYFOR(name): KEN TAUB d/b/a KT CONSTRUCTION SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA STREET ADDRESS: 1100 Anacapa Street MAILING ADDRESS: 1100 Anacapa Street CITY AND ZIP CODE: Santa Barbara, CA 93121-1107 BRANCH NAME: PLAINTIFF/PETITIONER: JOHN C. ELLSWORTH, etc., et al. DEFENDANT/RESPONDENT: SIERRA PACIFIC WINDOWS, etc., et al. CASE NUMBER: REQUEST FOR DISMISSAL 19CV02346 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) [RJ With prejudice (2) 0 Without prejudice b. (1) D Complaint (2) Petition D (3) [RJ Cross-complaint filed by (nam e ): KEN TAUB d/b/a KT CONSTRUCTION on (date): October 18, 2019 (4) D Cross-complaint filed by (name ): on (date): (5) D Entire action of all parties and all causes of action (6) [RJ Other (spe cify):* AS TO QUALITY PLASTERING, INC. (MOE 2) and CHUCK THERIOT PAINTING, INC. ONLY w 2. (Compl ete in all cas e s exc e pt family law cas es.) The court D did did not waive court fees and costs for a party in this case. (This information may be obtain ed from the cle rk._ If court fe e s and costs wer e waive d, th e d eclaration on th e back of this form must b e 3c ..gtyted). /'!1 · . .,,. 7 ,;.2��;� _ . . ,, · . .· Date: April 19, 2024 _ _ .. . .._ ?--� ,..,, ► .-.-�;;; �. . ,,,> /��-- -·· .. _ _ ,./ w WILLIAM D. MORROW (TYPE OR PRINT NAME OF ATTORNEY D PARTY WITHOUT ATTORNEY) J_,:;::::---· - (SIGNATURE) . ·, *If dismissal requested is of specified parties only of specified causes of action only, or Attorney or party without attorney for: of specified cross-complaints only, so state and identify the parties, causes of action, or cross-complaints to be dismissed D Plaintiff/Petitioner D Defendant/Respondent W Cross-Complainant 3. TO THE CLERK: Consent to the above dismissal is hereby given.** Date: ---------- ► (TYPE OR PRINT NAME OF D ATTORNEY D PARTY WITHOUT ATTORNEY) (SIGNATURE) •• If a cross-complaint - or Response (Family Law) seeking affirmative relief - is on Attorney or party without attorney for: file, the attorney for cross-complainant (respondent) must sign this consent if required D Plaintiff/Petitioner D Defendant/Respondent by Code of Civil Procedure section 581 (i) or U). D Cross-Complainant 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 (spe cify): 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 ------------------ Page 1 of 2 , Deputy Form Adopted for Mandatory Use REQUEST FOR DISMISSAL Code of Civil Procedure, § 581 et seq.; Judicial Council of California Gov. Code,§ 68637(c); Cal. Rules of Court, rule 3.1390 CIV-110[Rev. January 1, 2013] www.courts.ca.gov CIV-110 PLAINTIFF/PETITIONER: JOHN C. ELLSWORTH, etc., et al. CASE NUMBER: 19CV02346 DEFENDANT/RESPONDENT: SIERRA PACIFIC WINDOWS, etc., 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. D not recovering anything of value by this action. b. D recovering less than $10,000 in value by this action. c. D 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): D Yes 1 1 ��o 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 D ATTORNEY D PARTY MAKING DECLARATION) (SIGNATURE) Page 2 of 2 CIV-110 [Rev. January 1, 2013] REQUEST FOR DISMISSAL 1 PROOF OF SERVICE 2 [CCP §§ 1013(a) and 2015.5] 3 I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; my business address is 1600 Dove Street, Suite 315, Newport 4 Beach, California 92660. 5 On April 24, 2024, I served the foregoing documents described as REQUEST FOR 6 DISMISSAL on all interested parties in this action pursuant to the attached service list, incorporated herein by reference, by placing the true copies thereof enclosed in sealed envelopes 7 addressed as listed below: 8 SEE ATTACHED SERVICE LIST 9 [] BY MAIL: I deposited such envelope in the mail at Newport Beach, California. The envelope 10 was mailed with postage thereon fully prepaid. I am “readily familiar” with the firm’s practice collection and processing correspondence for mailing. Under that practice, said correspondence 11 is deposited with the United States Postal Service on that same day with postage thereon fully prepaid at Newport Beach, California in the ordinary course of business; and there is delivery 12 service by United States mail at the place so addressed. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than 13 one day after date of deposit for mailing in affidavit. [ ] BY FILE & SERVEXPRESS: I caused the above-listed document to be transmitted by File & 14 ServeXpress at www.fileandservexpress.com addressed to all parties appearing on the electronic 15 service list for the above-entitled case. The service transmission was reported as complete and a copy of the File & ServeXpress Filing Receipt Page/Confirmation will be maintained with the 16 original document in this office. [X] BY EMAIL: I caused the above-listed document to be transmitted by electronic transmission, 17 addressed to all parties appearing on the attached service list for the above-entitled case by using email address cguest@morrow-white.com. The service transmission was reported as complete 18 and a copy of the email receipt will be maintained with the original document in this office. [ ] EXPEDITED EXPRESS MAIL: By placing a true copy thereof, enclosed in a sealed 19 envelope, with delivery charges to be billed to Morrow & White, to be delivered by GOLDEN 20 STATE OVERNIGHT/FEDERAL EXPRESS, to the address(es) shown: 21 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 22 23 Executed on April 24, 2024, at Newport Beach, California. 24 25 COLEEN GUEST 26 27 28 G:\21-003 Ellsworth v Sierra Pacific\Service\POS & Service List.doc -1- PROOF OF SERVICE 1 Ellsworth v Sierra Pacific Santa Barbara County Superior Court 2 Case No.: 19CV02346 3 SERVICE LIST 4 5 ATTORNEY / FIRM TEL / FAX NOS. PARTY REPRESENTED Michael S. Eisenbaum, Esq. T: (818) 907-4000 PLAINTIFFS 6 GRAY•DUFFY F: (818) 783-4551 21700 Oxnard Street, Suite 1950 7 Woodland Hills, CA 91367 meisenbaum@grayduffylaw.com 8 llavallee@grayduffylaw.com 9 Randall H. Davis, Esq. (707) 442-3891 SIERRA PACIFIC WINDOWS DUN & MARTINEK LLP (707) 442-9251 10 Mailing: P O Box 1266 11 Eureka, CA 95502 Street: 12 324 I Street Eureka, CA 95502 13 rhd@dunmartinek.com 14 jaf@dunmartinek.com – Jo-Anne Legal Asst. Bethsaida C. Obra-White, Esq. (213) 542-8072 SAMPANIS CONSTRUCTION, 15 HAIGHT BROWN & BONESTEEL Nicolette INC. 555 S. Flower St., 45th Flr (213) 542-8000 Ofc 16 Los Angeles, CA 90071 (213) 542-8100 Fax 17 bobra-white@hbblaw.com Catherine Lagman-Legaspi, Esq. T: (818) 712-9800 CHUCK THERIOT 18 BREMER WHYTE BROWN & PAINTING, INC. and 19 O’MEARA QUALITY PLASTERING 21215 Burbank Blvd., Suite 500 20 Woodland Hills, CA 91367 clegaspi@bremerwhyte.com 21 sdelacruz@bremerwhyte.com 22 Patrick Au, Esq. d: 747.900.5810 QUALITY PLASTERING Patrick Malone, Esq. T: 818.712.9800 23 Shervin G. Shanoongooi, Esq. F: 818.712.9900 Bremer Whyte Brown & O'Meara, LLP Shervin direct: 24 21215 Burbank Blvd., Suite 500 818-712-5840 25 Woodland Hills, CA 91367 pau@bremerwhyte.com 26 sreutter@bremerwhyte.com 27 28 G:\21-003 Ellsworth v Sierra Pacific\Service\POS & Service List.doc -2- PROOF OF SERVICE 1 ATTORNEY / FIRM TEL / FAX NOS. PARTY REPRESENTED Darren M. Ebner, Esq T: 714-957-5742 HANSEN BUILDERS, INC. 2 Lisette M. Baptiste, Esq. dba HANSEN FARMS 3 SPRINGEL & FINK, LLP 20377 SW Acacia Street, Suite 250 4 Newport Beach, CA 92660 debner@springelfink.com 5 lbaptiste@springelfink.com 6 camailroom@springelfink.com Juliesa Zamudio - 7 jzamudio@springelfink.com 8 Jeffrey Stewart (949) 590-4065 CHUCK THERIOT LAW OFFICES OF KAREN M. PAINTING, INC. 9 JOHNSON 17771 Cowan, Suite 260 10 Irvine, CA 92614 11 Jeffrey.stewart@amtrustgroup.com stephanie.martinez@amtrustgroup.com 12 Todd A. Fischer, Esq. (831) 372-9200 CHRIS SCOTT MASONRY, FISCHER | SCHONEMAN LLP (831) 372-9220 INC. 13 2511 Garden Road, Suite B270 14 Monterey, CA 93940 todd@fsllp-law.com 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\21-003 Ellsworth v Sierra Pacific\Service\POS & Service List.doc -3- PROOF OF SERVICE