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CIV-120
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Scott R. Kanter, Esq. SB No. 199696
HINSHAW MARSH STILL & KANTER, LLP
12901 Saratoga Avenue
Saratoga, CA 95070
TELEPHONE NO.: (408) 861-6500 FAX NO.:(408) 257-6645
E-MAIL ADDRESS: skanter@hinshaw-law.com
ATTORNEY FOR (Name): Defendant MARC JOHNSON, M.D.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY
STREET ADDRESS: 1200 Aguajito Rd.
MAILING ADDRESS:
CITY AND ZIP CODE: Monterey, CA 93940
BRANCH NAME: Monterey Division - Civil Unlimited
PLAINTIFF/PETITIONER: Richard Garza and Laura Maldonado
DEFENDANT/RESPONDENT: Marc Johnson, M.D.
CASE NUMBER:
NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE
23CV000096
‰
X Personal Injury, Property Damage, or Wrongful Death
‰ Motor Vehicle ‰X Other
‰ Family Law
‰ 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.)
Date: June 18, 2024
SCOTT R. KANTER
(TYPE OR PRINT NAME OF ‰
X 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:
Business: 12901 Saratoga Avenue, Saratoga, California 95070
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. ‰ X 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: SEE ATTACHED PROOF OF SERVICE
b. Electronic service address of person served:
c. On (date): June 18, 2024 d. At (time): 11:30 a.m.
e. Electronic service address from which I served the documents: aobey@hinshaw-law.com
‰X 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: June 17, 2024
Annamarie Obey
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) Page 1 of 1
Form Adopted for Mandatory Use Code of Civil Procedure, § 581 et seq.;
Judicial Council of California NOTICE OF ENTRY OF DISMISSAL Cal. Rules of Court, rule 3.1390
CIV-120 [Rev. January 1, 2012] www.courts.ca.gov
AND PROOF OF SERVICE
Garza.Johnson
crv-{10
ATTORNEY OR PARTY WTHoUT ATTORNEY STA1E BAR NUMBER. 244732 FOR COURT USE ONLY
NAME: Clarissa E. Kearns
WALKER, HAMILTON & KEARNS, LLP
FrRM NAriE: ELECTRONICALLY FILED BY
STREETADDRESS: 50 FranciSCO Street, Suite 460 Superior Court of California,
crry: san Francisco srArE: GA zlPcoDE: 94133-2100 County of Monterey
TELEPHoNENo.: (415)986-3339 FrxNo.: (415)986-1618 On 5/22/2024 11:29 AM
E-MAILADDRESS: clarissa@Whk-law.COm and e-service@whk-law.Com By: Hicet Ramirez-Perez, Deputy
ArroRNEy FoR (name): Plaintiffs Richard Garza and Laura Maldonado
SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY
STREETADDRESS: 1200 Aguajito ROad
MAILING ADDRESS, 1 200 Aguajito Road
clrY AND zlP coDE: Monterey, CA 93940
BRANoH NAME: MOnterey DiViSiOn
PLAINTIFF/PETITIONER: Richard Gaza and Laura Maldonado
DEFENDANT/RESPONDENT: Richard Ravalin M.D., et al.
CASE NUMBER:
REQUEST FOR DISMISSAL 23CV000096
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 pafi or cause of action in a
class action. (Cal. Rules of Court, rules 3.750 and 3.770.)
1. TO THE CLERK: Please dismiss this action as follows:
a. (1) x With preludice (2) l--l
Wthout preludice
b.(1) x Complaint (2) T--l Petition
(3) Cross-complaint filed by (name): on (date).
(4) Cross-complaint filed by (name): on (date).
(5) l---l Entire action of all parties and all causes of action
(o, x Other (specify):* As to defendants Agile Occupational Medicine and Marc D. Johnson, M.D., ONLY. Each party to bear
own costs & attorneys'
2, (Complete in a// cases except family law cases.,) fees.
The court l---l
did x did not waive court fees and costs for a party in this case. (This information may he obtained from
the clerk. lf couri fees and cosfs were waived, the declaration on the back of this form must be completed).
Date: 512212024
Clarissa E. Kearns > Urr*..* Kna'rn-
(rypE oR pRrNr NAnlte or l-Fl ArroRNEy l---l pnnw wrHour ATToRNEY) (SIGNATURE)
*lf 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 slate and identify the parties, causes of aclion,
or cross-complaints to be dismissed
x Plaintiff/Petitioner l--l DefendanVRespondent
l---l Cross-Complainant
3. TO THE CLERK: Consent to the above dismissal is hereby given.**
Date:
>
pnnrv wrHouT (SIGNATURE)
(TYPE OR PR|NT NArr,re Or f--l ATToRNEY l--l ATToRNEY)
** lf a crosecomplaint - or Response (Family Law) seeking aflirmative relief - is on Attorney or party without attorney for:
file, the attorney for cross-complainant (respondent) must sign this consent if required
by Code of Civil Procedure sec{ion 581 (i) or O.
[-l Plaintiff/Petitioner f--l Defendant/Respondent
f--l Cross-Complainant
4.
5. Dismissal entered on (date):5/22/2024 as to only (name): Defendants Agile Occupational Medicine and Marc D.
X
6. Dismissal not entered as requested for the following reasons (specify): Johnson, M.D. ONLY
7. a. [-X Attorney or party without attorney notified on (date): 5/29/2024
b. l---.l Attorney or party without attorney not notified. Filing party failed to provide
E a copy to be conformed E means to return conformed copy
Date 5/29/2024 Clerk, by /s/ Hicet Ramirez-Perez Deputy
Page 1 of 2
Code of Civil Pro@dure, S 581 et seq.:
Fom Adopted for lVandatory Use REQUEST FOR DISMISSAL Gov. Code, S 68637(c); Cal. Rules ofCourt, rule 3.1390
Judicial Council of Califomia
CIV-1'10 IRev. January 1, 20131
www.coufts ca gov
ctv-1
PLAINTI FFlPETITIONER: Richard Gaza and Laura Maldonado CASE NUMBER:
23CV000096
DEFENDANTi RESPONDENT: Richard Ravalin M.D., Et Al
COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS
lf 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, S 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. [-l not recovering anything of value by this action.
b. l---l recovering less than $10,000 in value by this action.
3. All court fees and court costs that were waived in this action have been paid to the courl (check one): f-l Yes l--l No
I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.
Date:
>
(SIGNATURE)
(TYPE oR PRrNr Nnrve or l----l ATTORNEY PARry MAKING DECLARAIION)
Page 2 of 2
CIV-1 10 [RBv. January 1, 201 3] REQUEST FOR DISMISSAL
I PROOF OF SERVICE
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Garza v. Ravalin, M.D., et al.
J Monterey County Superior Court Case No.: 23CV000096
4 My business address is 50 Francisco Street, Suite 460, San Francisco, California94133. I
am employed in the County of San Francisco, where this mailing occurs. I am over the age of 18
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years and not a party to the within cause. On the date set forth below, I served the foregoing
6 document(s) described as:
7 REQUEST F'OR DISMISSAL
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on the following person(s) in this action by placing a true copy thereof enclosed in a sealed
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envelope addressed as listed below.
l0 lxl BY ELECTRONIC SERVICE - E-MAIL On May 22,2024, based on an agreement or
stipulation of the parties to accept electronic service and/or CCP $1010.6(e), I caused said
l1 document(s) to be sent via electronic mail to the email addresses listed below from my email
address: Marshall@w hk-law. com
t2
James J. Zenere Tel: (408) 430-3s51
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Diane Point
14 ZENERE COWDEN & STODDARD, APC E-mail: izenere@zcslawfirm.com
2005 De LaCruz Blvd., Suite 240 E-mail: dpoint@zcslawfirm.com
l5 Santa Clara, CA 95050
Attorneys for Defendant MONTEREY
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P ENINSULA SURGERY CENTER (inconectly
l7 sued herein as MONTEREY PENINSULA
SURGERY CENTERS)
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Michele Raley Tel: (650) 543-2186
t9 SCHMID & VOILES Fax: (925) 482-8128
100 Pringle Avenue, Suite 233
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Walnut Creek, CA94596 E-mail: mraley@schmidvoiles.com
2l Attorneysfor Defendant Richard Ravalin, M.D E-mail: apedersen@schmidvoiles.com
E-mail: ipetrini@schmidvoiles.com
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Barry Marsh Tel: (408) 861-6500
23 Scott Kanter Fax: (408) 257-6645
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HINSHAW, MARSH, STILL & HINSHAW,
LLP E-Mail: BMarsh@hinshaw-law.com
25 12901 Saratoga Avenue E-Mail : skanter@hinshaw-law.com
Saratoga, CA 95070 E-Mail: aobev@hinshaw-law.com
26 Attorneysfor Defendants Marc Johnson, M.D.,
and P innacle Healthcare
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PROOT. SERVICE
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2 I declare under penalty of perjury under the laws of the State of that the
foregoing is true and correct and that this declaration on 2024, at San
a
J Francisco, CA.
4 By:
Kleiber
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PROO}.OF SERVICE
1 PROOF OF SERVICE
(C.C.P. §§ 1010.6, 1013a, 1013b, 2015.5; CRC 2.251)
2
I, the undersigned, say:
3
I am now and at all times herein mentioned have been over the age of 18 years, am employed
4 with a law firm in Santa Clara County, California, and not a party to the within action or cause. My
firm’s business address is 12901 Saratoga Avenue, Saratoga, California 95070.
5
I am readily familiar with this firm’s business practice for collection and processing of
6 correspondence for mailing with the U.S. Postal Service, mailing via Federal Express, hand delivery
via messenger service, transmission by facsimile machine, and transmission by electronic mail. On
7 the date of my signature, below, I served each of the following documents:
8 NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE
By the following methods:
9
X BY ELECTRONIC SERVICE: My electronic service address is aobey@smtlaw.com.
10 I transmitted the documents to the persons by electronic mail at the electronic mail addresses
listed below. I did not receive, within a reasonable time after the transmission, any electronic
11 message or other indication that the transmission was unsuccessful.
12 On each of the following persons, using the service addresses indicated:
13 Timothy M. Hamilton, Esq.
Clarissa Kearns, Esq.
14 Attorney for Plaintiffs
WALKER, HAMILTON & KEARNS, LLP RICHARD GARZA and LAURA
15 50 Francisco Street, Suite 460 MALDONADO
San Francisco, CA 94133
16 Telephone: 415.986.3339
17 Fax: 415.986.1618
tim@whk-law.com
18 clarissa@whk-law.com
serena@whk-law.com
19 service@whk-law.com
marshall@whk-law.com
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21 Michele Raley, ESQ. Attorneys for Defendant
Jessica A. Petrini, ESQ. RICHARD RAVALIN, M.D.
22 SCHMID & VOILES
100 Pringle Avenue, Suite 233
23 Walnut Creek, CA 94596
mraley@schmidvoiles.com
24
jpetrini@schmidvoiles.com
25 apedersen@schmidvoiles.com.
James J. Zenere, Esq. Attorneys for Defendant
26 ZENERE COWDEN & STODDARD APC Monterey Peninsula Surgery Center
27 2005 De La Cruz Blvd., Suite 240
Santa Clara, CA 95050
28 jzenere@zcslawfirm.com
Law Offices of
HINSHAW, MARSH, dpoint@zcslawfirm.com
STILL & KANTER, LLP
12901 Saratoga Avenue
Saratoga, CA 95070
(408) 861-6500 PROOF OF SERVICE 1
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2 I certify (or declare) under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this Declaration was executed on June 18, 2024.
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___________________________________________
5 Annamarie Obey
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Law Offices of
HINSHAW, MARSH,
STILL & KANTER, LLP
12901 Saratoga Avenue
Saratoga, CA 95070
(408) 861-6500 PROOF OF SERVICE 2