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CIV-120
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): : FOR COURT USE ONLY
TELEPHONE NO.: FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
ALEXANDRA REYES, et al.
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT: FLAMES HOOKAH LOUNGE, et al.
NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE CASE NUMBER:
Personal Injury, Property Damage, or Wrongful Death
Motor Vehicle Other
Family Law BCV-17-100823
Eminent Domain
Other (specify):
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.)
May 9, 2024
Date:
MARK W. NORMAN
(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:
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:
b. Electronic service address of person served:
c. On (date): d. At (time):
e. Electronic service address from which I served the documents:
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:
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) Page 1 of 1
Form Adopted for Mandatory Use
Judicial Council of California
NOTICE OF ENTRY OF DISMISSAL Code of Civil Procedure, § 581 et seq.;
Cal. Rules of Court, rule 3.1390
CIV-120 [Rev. January 1, 2012] AND PROOF OF SERVICE www.courts.ca.gov
CIV-110
ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO: 253948 FOR COURT USE ONLY
NAME: Michael Shemtoub
FIRM NAME: BEVERLY LAW
ELECTRONICALLY FILED
STREET ADDRESS: 4929 Wilshire Boulevard, Suite 702
5/8/2024 12:35 PM
CITY: Los Angeles STATE: CA ZIP CODE: 90010
Kern County Superior Court
TELEPHONE NO.: (310) 552-6959 FAX NO. :
By Gricelda Evans, Deputy
E-MAIL ADDRESS: michael@beverlylaw.org
ATTORNEY FOR (Name): Plaintiffs Plaintiffs, ALEXANDRA REYES, et al.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN
STREET ADDRESS: 1415 Truxtun Avenue
MAILING ADDRESS:
CITY AND ZIP CODE: Bakersfield, CA 93301
BRANCH NAME: METROPOLITAN DIVISION
Plaintiff/Petitioner: ALEXANDRA REYES, et al.
Defendant/Respondent: FLAMES HOOKAH LOUNGE, et al.
CASE NUMBER:
REQUEST FOR DISMISSAL BCV-17-100823
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).
25 2024
Date: April ____,
MICHAEL SHEMTOUB
(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)
5/8/2024
4. x 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. x Attorney or party without attorney notified on (date): 5/8/2024
b. Attorney or party without attorney not notified. Filing party failed to provide
a copy to be conformed means to return conformed copy
Date:5/8/2024 TARA LEAL Clerk, by , 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: ALEXANDRA REYES, et al.
BCV-17-100823
Defendant/Respondent: FLAMES HOOKAH LOUNGE, 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
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
1 PROOF OF SERVICE
2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
3 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not
a party to the within action. My business address is 535 N. Brand Boulevard, Suite 800, Glendale,
4 California 91203.
5 On May 9, 2024, I served the foregoing document described as NOTICE OF ENTRY OF
DISMISSAL AND PROOF OF SERVICE on all interested parties in this action by placing a true copy
6 thereof enclosed in sealed envelopes addressed as stated on the attached service list:
7 [] BY MAIL - I deposited such envelope in the mail at Los Angeles, California. The envelope was
mailed with postage thereon fully prepaid. I am “readily familiar” with the firm's practice of
8 collection and processing correspondence for mailing. Under that practice it would be deposited
with the U.S. Postal Service on that same day with postage thereon fully prepaid at Los Angeles,
9 California in the ordinary course of business. 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 one (1)
10 day after date of deposit for mailing in affidavit.
11 [] BY PERSONAL SERVICE - BEVERLY LAW. I caused such envelope to be delivered by a
process server employed by Nationwide Legal LLC.
12
[] VIA FACSIMILE- I faxed said document, to the office(s) of the addressee(s) shown above, and
13 the transmission was reported as complete and without error.
14 [X] BY ELECTRONIC TRANSMISSION - I transmitted a PDF version of this document by
electronic mail to the party(s) identified on the attached service list using the e-mail address(es)
15 indicated.
16 [] BY OVERNIGHT DELIVERY - I deposited such envelope for collection and delivery by
Federal Express with delivery fees paid or provided for in accordance with ordinary business
17 practices. I am “readily familiar” with the firm’s practice of collection and processing packages
for overnight delivery by Federal Express. They are deposited with a facility regularly
18 maintained by Federal Express for receipt on the same day in the ordinary course of business.
19 [X] (State) I declare under penalty of perjury under the laws of the State of California that the
above is true and correct.
20
Executed on May 9, 2024, at Glendale, California.
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23 MARTHA AGUILAR
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31 PROOF OF SERVICE
1 SERVICE LIST
2 Reyes, et al. v. Flames Hookah Lounge, et al.
Kern SC, Case No. BCV-17-100823
3
Michael Shemtoub, Esq. Megan C. Winter, Esq.
4 BEVERLY LAW Veronica S. Webb, Esq.
4929 Wilshire Boulevard, Suite 702 PROCTER SHYER & WINTER LLP
5 Los Angeles, CA 90010 751 East Daily Drive, Suite 410
Ph: (310) 552-6959 Camarillo, CA 93010
6 Fax: (323) 421-9397 Ph: (805) 278-0920
Fax: (805) 278-0289
7 For E-service only of pleadings/discovery/depo Email: megan@proctershyer.com
notices & zoom links/motions (excluding Ex veronica@proctershyer.com
8 Parte matters): fax@beverlylaw.org shellye@proctershyer.com
9 Any and all correspondence: Attorneys for Defendants/Cross-Defendants
michael@beverlylaw.org NABEEL MANSOUR and SAMIR MANSOUR
10 michaelzar@beverlylaw.org dba M BROS RESTAURANT, INC.
juansmolina@beverlylaw.org
11 rodrigoo@beverlylaw.org
12 Attorneys for Plaintiffs, ALEXANDRA REYES,
WILTRANITA GALVAN as Guardian ad Litem
13 to CARLAYA BRE’ANN MOSLEY (erroneously
named as Parlaya Bre’ann Mosley)
14
Andrew K. Sheffield, Esq.
15 LAW OFFICES OF LEBEAU THELEN LLP
P. O . Box 12092
16 Bakersfield, CA 93389-2092
Ph: (661) 325-8962
17
Fax: (661) 325-1127
18 Email: asheffield@lebeauthelen.com
19 Attorneys for Cross-Defendants, NABEEL
MANSOUR, SAMIR MANSOUR DBA M BROS
20 RESTAURANT, INC.
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f:\caseoc\spfmi-5680\services\!pos.docx 2
31 PROOF OF SERVICE
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CIV-120 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): : FOR COURT USE ONLY TELEPHONE NO.: FAX NO.: E-MAIL ADDRESS: ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: ALEXANDRA REYES, et al. PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: FLAMES HOOKAH LOUNGE, et al. NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE CASE NUMBER: Personal Injury, Property Damage, or Wrongful Death Motor Vehicle Other Family Law BCV-17-100823 Eminent Domain Other (specify): 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.) May 9, 2024 Date: MARK W. NORMAN (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: 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: b. Electronic service address of person served: c. On (date): d. At (time): e. Electronic service address from which I served the documents: 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: (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) Page 1 of 1 Form Adopted for Mandatory Use Judicial Council of California NOTICE OF ENTRY OF DISMISSAL Code of Civil Procedure, § 581 et seq.; Cal. Rules of Court, rule 3.1390 CIV-120 [Rev. January 1, 2012] AND PROOF OF SERVICE www.courts.ca.gov CIV-110 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO: 253948 FOR COURT USE ONLY NAME: Michael Shemtoub FIRM NAME: BEVERLY LAW ELECTRONICALLY FILED STREET ADDRESS: 4929 Wilshire Boulevard, Suite 702 5/8/2024 12:35 PM CITY: Los Angeles STATE: CA ZIP CODE: 90010 Kern County Superior Court TELEPHONE NO.: (310) 552-6959 FAX NO. : By Gricelda Evans, Deputy E-MAIL ADDRESS: michael@beverlylaw.org ATTORNEY FOR (Name): Plaintiffs Plaintiffs, ALEXANDRA REYES, et al. SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN STREET ADDRESS: 1415 Truxtun Avenue MAILING ADDRESS: CITY AND ZIP CODE: Bakersfield, CA 93301 BRANCH NAME: METROPOLITAN DIVISION Plaintiff/Petitioner: ALEXANDRA REYES, et al. Defendant/Respondent: FLAMES HOOKAH LOUNGE, et al. CASE NUMBER: REQUEST FOR DISMISSAL BCV-17-100823 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). 25 2024 Date: April ____, MICHAEL SHEMTOUB (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) 5/8/2024 4. x 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. x Attorney or party without attorney notified on (date): 5/8/2024 b. Attorney or party without attorney not notified. Filing party failed to provide a copy to be conformed means to return conformed copy Date:5/8/2024 TARA LEAL Clerk, by , 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: ALEXANDRA REYES, et al. BCV-17-100823 Defendant/Respondent: FLAMES HOOKAH LOUNGE, 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 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 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 3 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is 535 N. Brand Boulevard, Suite 800, Glendale, 4 California 91203. 5 On May 9, 2024, I served the foregoing document described as NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE on all interested parties in this action by placing a true copy 6 thereof enclosed in sealed envelopes addressed as stated on the attached service list: 7 [] BY MAIL - I deposited such envelope in the mail at Los Angeles, California. The envelope was mailed with postage thereon fully prepaid. I am “readily familiar” with the firm's practice of 8 collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Los Angeles, 9 California in the ordinary course of business. 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 one (1) 10 day after date of deposit for mailing in affidavit. 11 [] BY PERSONAL SERVICE - BEVERLY LAW. I caused such envelope to be delivered by a process server employed by Nationwide Legal LLC. 12 [] VIA FACSIMILE- I faxed said document, to the office(s) of the addressee(s) shown above, and 13 the transmission was reported as complete and without error. 14 [X] BY ELECTRONIC TRANSMISSION - I transmitted a PDF version of this document by electronic mail to the party(s) identified on the attached service list using the e-mail address(es) 15 indicated. 16 [] BY OVERNIGHT DELIVERY - I deposited such envelope for collection and delivery by Federal Express with delivery fees paid or provided for in accordance with ordinary business 17 practices. I am “readily familiar” with the firm’s practice of collection and processing packages for overnight delivery by Federal Express. They are deposited with a facility regularly 18 maintained by Federal Express for receipt on the same day in the ordinary course of business. 19 [X] (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 20 Executed on May 9, 2024, at Glendale, California. 21 22 23 MARTHA AGUILAR 24 25 26 27 28 30 f:\caseoc\spfmi-5680\services\!pos.docx 31 PROOF OF SERVICE 1 SERVICE LIST 2 Reyes, et al. v. Flames Hookah Lounge, et al. Kern SC, Case No. BCV-17-100823 3 Michael Shemtoub, Esq. Megan C. Winter, Esq. 4 BEVERLY LAW Veronica S. Webb, Esq. 4929 Wilshire Boulevard, Suite 702 PROCTER SHYER & WINTER LLP 5 Los Angeles, CA 90010 751 East Daily Drive, Suite 410 Ph: (310) 552-6959 Camarillo, CA 93010 6 Fax: (323) 421-9397 Ph: (805) 278-0920 Fax: (805) 278-0289 7 For E-service only of pleadings/discovery/depo Email: megan@proctershyer.com notices & zoom links/motions (excluding Ex veronica@proctershyer.com 8 Parte matters): fax@beverlylaw.org shellye@proctershyer.com 9 Any and all correspondence: Attorneys for Defendants/Cross-Defendants michael@beverlylaw.org NABEEL MANSOUR and SAMIR MANSOUR 10 michaelzar@beverlylaw.org dba M BROS RESTAURANT, INC. juansmolina@beverlylaw.org 11 rodrigoo@beverlylaw.org 12 Attorneys for Plaintiffs, ALEXANDRA REYES, WILTRANITA GALVAN as Guardian ad Litem 13 to CARLAYA BRE’ANN MOSLEY (erroneously named as Parlaya Bre’ann Mosley) 14 Andrew K. Sheffield, Esq. 15 LAW OFFICES OF LEBEAU THELEN LLP P. O . Box 12092 16 Bakersfield, CA 93389-2092 Ph: (661) 325-8962 17 Fax: (661) 325-1127 18 Email: asheffield@lebeauthelen.com 19 Attorneys for Cross-Defendants, NABEEL MANSOUR, SAMIR MANSOUR DBA M BROS 20 RESTAURANT, INC. 21 22 23 24 25 26 27 28 30 f:\caseoc\spfmi-5680\services\!pos.docx 2 31 PROOF OF SERVICE