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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Nov-25-2014 2:46 pm
Case Number: CGC-14-538800
Filing Date: Nov-25-2014 2:45
Filed by: CAROL BALISTRERI
Juke Box: 001 Image: 04703498
DISMISSAL
JOSEPH S NEW VS. U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR
THE et al
001004703498
Instructions:
Please place this sheet on top of the document to be scanned.x CIV-110
‘ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State BarMember, and adaress): FOR COURT USE ONLY
John S. Sargetis, SBN: 80630
UNITED LAW CENTER
3013 Douglas Boulevard, Suite 200
Roseville, California 95661
tevepHoneno: (916) 367-0630 FAXNO. (Optionay: (916) 265-9000 F I
E-MAIL ADDRESS (Optional): ior Court of California
ATTORNEY FOR Nemo): Plaintiff, JOSEPH NEW ity of San Francisco
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO NOV 95 2014
street apres: 400 McAllister Street
MAILING ADDRESS:
crvanozpcoos: San Francisco, California 941-2
prancuname: Civic Center Courthouse
PLAINTIFFIPETITIONER: JOSEPH NEW
BF revonnrmesrovoerv.s. BANK NATIONAL ASSOCIATION, et al.
CASE NUMBER:
cece _-14~- 538800
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
REQUEST FOR DISMISSAL
class action, (Cal. Rules of Court, rules 3.760 and 3.770.)
4. TO THE CLERK: Please dismiss this action as follows:
a. (1) GXY With prejudice (2) [2]. Without prejudice
b. (1) BAY Complaint (2) CJ Petition
(3) (] Cross-complaint filed by (name): ‘on (date):
(4) } Cross-complaint filed by (name): on (date):
(5) (2) Entire action of all parties and all causes of action
(6) (KX) Other (specify):* as to only Defendant Bank of America, N.A., as to the Second Amended Complaint
2. (Complete in all cases except family law cases.)
The court [])did [yjdid 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).
Date:November 24, 2014
John. Sargeti. » = Sh =
md SS
(ype on printNaMe oF © [XJ attorney [L]} parry witour atrorney) (SIGNATURE)
* if dismissal requested is of specified parties only, of specified causes of action Attorney or party without attomey for: Joseph New
i pi
only, or of speciied arose-complains ins only, 50 state afd identiy the partes,
re ismissed rte Detit
calises oF a so (CK) PlaintitPetitioner C} DefendantRespondent
Ql Cross-Complainant
3. TO THE CLERK: Consent to the above dismissal is hereby given."*
Date:
(TYPE OR PRINT NAME OF =~) aTTorNey[_L} party WITHOUT ATTORNEY) (SIGNATURE)
* Ifa cross-complaint - or Response (Family Law) seekir affirmative Attorney or party without attorney for:
sglel ison fle. he altomey forthe cross-compiinant (respondent) must Set
Sion ts consent if required by Code of Civil Procedure section 58 1(i) (2) Plaintiff/Petitioner (L] Defendant/Respondent
() Cross-Complainant
(To be completed by clerk)
4. (-) Dismissat entered as requested on (date):
5. (C) Dismissal entered on (date): as to only (name):
6. [2] Dismissal not entered as requested for the following reasons (specify):
7. a. (C) Attorney or party without attomey notified on (date):
b. (2) Attorney or party without attomey not notified. Filing party failed to provide
C2) a copy to be conformed (C] means to return conformed copy
Date: Clerk, by , Deputy
Page vot?
Fermin Come orCatotae 8 Martin De’ REQUEST FOR DISMISSAL Gov. Code, § 6865) Cal Holos of Coun ules 1886
ClV-110 [Rev, Jan. 1, 2013) oa) ESSENTIAL FORM: www, courts.c8.gOov
New v. U.S. Bank, et al.‘ e e Clv-110
| PLAINTIFF/PETITIONER: JOSEPH NEW CASE NUMBER:
DEFENDANT/RESPONDENT: U.S. BANK NATIONAL ASSOCIATION, et al. cac -14- 538800
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
4. The court waived fees and costs in this action for (name):
2. The person in item 1 is (check one below):
a. [) not recovering anything of value by this action.
b. [CQ] recovering tess than $10,000 in value by this action.
c. [J 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 costs that were waived in this action have been paid to the court (check one): Cl yes [A] No
I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.
Date:
»
crvpeorprintNaveor [J attorney [2] party Maxine DECLARATION) (SIGNATURE)
(CIV-410 [Rev. January 1, 2013]
REQUEST FOR DISMISSAL
Martin beavs
New v. U.S. Bank, et al.
Page 2 0f2New v. U.S. Bank, et al.
San Francisco County Superior Case No. CGC-14-538800
PROOF OF SERVICE
I, KATHY K, PILLADO, declare that I am a citizen of the United States, over 18 years of
age, employed in Placer County, and not a party to the within action. My business address is 3013}
Douglas Boulevard, Suite 200, Roseville, California 95661.
I served a copy of the following document:
REQUEST FOR DISMISSAL - AS TO DEFENDANT BANK OF AMERICA, N.A. ONLY
on the parties in this action by placing a copy thereof enclosed in sealed envelopes
addressed as follows:
PLEASE SEE ATTACHED
(X) (BY MAIL) I caused such envelopes with postage thereon fully prepaid to be
placed in the United States mail at Roseville, CA.
(X) (BY FAX and/or E-MAIL) I caused such document to be sent, via Facsimile
(FAX) and/or E-mail Telecommunication transmission, to the offices of the
addressee.
() (Y CERTIFIED MAIL/RETURN RECEIPT REQUESTED) I caused such
envelopes with postage thereon fully prepaid to be placed in the United States mail
at Roseville, CA.
I declare under penalty of perjury that the foregoing is true and correct. Executed at
Roseville, California on November 24, 2014. ~
THY Kj ADO
Proof of ServiceSERVICE LIST
Thomas N. Abbott
Joel C. Spann
SEVERSON & WERSON
One Embarcadero Center, Suite 2600
San Francisco, California 94111
Tel: (415) 677-5583 — Joel Direct
Fax: (415) 956-0439
ta@severson.com
Jes@severson.com
Attorneys for Defendants, MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS, INC., and U.S. BANK
NATIONAL ASSOCIATION AS
TRUSTEE FOR THE BENEFIT OF
HARBORVIEW 2005-2 TRUST FUND
Aaron R. Marienthal
Alexandra C. Seibert
REED SMITH LLP
101 Second Street, Suite 1800
San Francisco, California 94105-3659
Tel: (415) 543-8700
Fax: (415) 391-8269
amarienthal@reedsmith.com
aseibert@reedsmith.com
Attorneys for Defendants, BANK OF
AMERICA, N.A., and RECONTRUST
COMPANY, N.A.
Proof of Service
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A A SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Nov-25-2014 2:46 pm Case Number: CGC-14-538800 Filing Date: Nov-25-2014 2:45 Filed by: CAROL BALISTRERI Juke Box: 001 Image: 04703498 DISMISSAL JOSEPH S NEW VS. U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE et al 001004703498 Instructions: Please place this sheet on top of the document to be scanned.x CIV-110 ‘ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State BarMember, and adaress): FOR COURT USE ONLY John S. Sargetis, SBN: 80630 UNITED LAW CENTER 3013 Douglas Boulevard, Suite 200 Roseville, California 95661 tevepHoneno: (916) 367-0630 FAXNO. (Optionay: (916) 265-9000 F I E-MAIL ADDRESS (Optional): ior Court of California ATTORNEY FOR Nemo): Plaintiff, JOSEPH NEW ity of San Francisco SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO NOV 95 2014 street apres: 400 McAllister Street MAILING ADDRESS: crvanozpcoos: San Francisco, California 941-2 prancuname: Civic Center Courthouse PLAINTIFFIPETITIONER: JOSEPH NEW BF revonnrmesrovoerv.s. BANK NATIONAL ASSOCIATION, et al. CASE NUMBER: cece _-14~- 538800 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 REQUEST FOR DISMISSAL class action, (Cal. Rules of Court, rules 3.760 and 3.770.) 4. TO THE CLERK: Please dismiss this action as follows: a. (1) GXY With prejudice (2) [2]. Without prejudice b. (1) BAY Complaint (2) CJ Petition (3) (] Cross-complaint filed by (name): ‘on (date): (4) } Cross-complaint filed by (name): on (date): (5) (2) Entire action of all parties and all causes of action (6) (KX) Other (specify):* as to only Defendant Bank of America, N.A., as to the Second Amended Complaint 2. (Complete in all cases except family law cases.) The court [])did [yjdid 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). Date:November 24, 2014 John. Sargeti. » = Sh = md SS (ype on printNaMe oF © [XJ attorney [L]} parry witour atrorney) (SIGNATURE) * if dismissal requested is of specified parties only, of specified causes of action Attorney or party without attomey for: Joseph New i pi only, or of speciied arose-complains ins only, 50 state afd identiy the partes, re ismissed rte Detit calises oF a so (CK) PlaintitPetitioner C} DefendantRespondent Ql Cross-Complainant 3. TO THE CLERK: Consent to the above dismissal is hereby given."* Date: (TYPE OR PRINT NAME OF =~) aTTorNey[_L} party WITHOUT ATTORNEY) (SIGNATURE) * Ifa cross-complaint - or Response (Family Law) seekir affirmative Attorney or party without attorney for: sglel ison fle. he altomey forthe cross-compiinant (respondent) must Set Sion ts consent if required by Code of Civil Procedure section 58 1(i) (2) Plaintiff/Petitioner (L] Defendant/Respondent () Cross-Complainant (To be completed by clerk) 4. (-) Dismissat entered as requested on (date): 5. (C) Dismissal entered on (date): as to only (name): 6. [2] Dismissal not entered as requested for the following reasons (specify): 7. a. (C) Attorney or party without attomey notified on (date): b. (2) Attorney or party without attomey not notified. Filing party failed to provide C2) a copy to be conformed (C] means to return conformed copy Date: Clerk, by , Deputy Page vot? Fermin Come orCatotae 8 Martin De’ REQUEST FOR DISMISSAL Gov. Code, § 6865) Cal Holos of Coun ules 1886 ClV-110 [Rev, Jan. 1, 2013) oa) ESSENTIAL FORM: www, courts.c8.gOov New v. U.S. Bank, et al.‘ e e Clv-110 | PLAINTIFF/PETITIONER: JOSEPH NEW CASE NUMBER: DEFENDANT/RESPONDENT: U.S. BANK NATIONAL ASSOCIATION, et al. cac -14- 538800 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 4. The court waived fees and costs in this action for (name): 2. The person in item 1 is (check one below): a. [) not recovering anything of value by this action. b. [CQ] recovering tess than $10,000 in value by this action. c. [J 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 costs that were waived in this action have been paid to the court (check one): Cl yes [A] No I declare under penalty of perjury under the laws of the State of California that the information above is true and correct. Date: » crvpeorprintNaveor [J attorney [2] party Maxine DECLARATION) (SIGNATURE) (CIV-410 [Rev. January 1, 2013] REQUEST FOR DISMISSAL Martin beavs New v. U.S. Bank, et al. Page 2 0f2New v. U.S. Bank, et al. San Francisco County Superior Case No. CGC-14-538800 PROOF OF SERVICE I, KATHY K, PILLADO, declare that I am a citizen of the United States, over 18 years of age, employed in Placer County, and not a party to the within action. My business address is 3013} Douglas Boulevard, Suite 200, Roseville, California 95661. I served a copy of the following document: REQUEST FOR DISMISSAL - AS TO DEFENDANT BANK OF AMERICA, N.A. ONLY on the parties in this action by placing a copy thereof enclosed in sealed envelopes addressed as follows: PLEASE SEE ATTACHED (X) (BY MAIL) I caused such envelopes with postage thereon fully prepaid to be placed in the United States mail at Roseville, CA. (X) (BY FAX and/or E-MAIL) I caused such document to be sent, via Facsimile (FAX) and/or E-mail Telecommunication transmission, to the offices of the addressee. () (Y CERTIFIED MAIL/RETURN RECEIPT REQUESTED) I caused such envelopes with postage thereon fully prepaid to be placed in the United States mail at Roseville, CA. I declare under penalty of perjury that the foregoing is true and correct. Executed at Roseville, California on November 24, 2014. ~ THY Kj ADO Proof of ServiceSERVICE LIST Thomas N. Abbott Joel C. Spann SEVERSON & WERSON One Embarcadero Center, Suite 2600 San Francisco, California 94111 Tel: (415) 677-5583 — Joel Direct Fax: (415) 956-0439 ta@severson.com Jes@severson.com Attorneys for Defendants, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., and U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE BENEFIT OF HARBORVIEW 2005-2 TRUST FUND Aaron R. Marienthal Alexandra C. Seibert REED SMITH LLP 101 Second Street, Suite 1800 San Francisco, California 94105-3659 Tel: (415) 543-8700 Fax: (415) 391-8269 amarienthal@reedsmith.com aseibert@reedsmith.com Attorneys for Defendants, BANK OF AMERICA, N.A., and RECONTRUST COMPANY, N.A. Proof of Service