On December 27, 2017 a
Request,Application
was filed
involving a dispute between
Ecological Concerns, Incorporated,
and
Proven Management, Inc.,
Safeco Insurance Company Of America,
Santa Clara Valley Water District,
for Breach of Contract/Warranty Unlimited(06)
in the District Court of Santa Clara County.
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ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NO: 234930 CIV-110
name JonathanM. Bowne FOR COURT USE ONLY
FIRMNAME LAST & FAORO
STREET ADDRESS: 520 S. El Camino Real, Suite 430
city. San Mateo STATE CA ZIP CODE: 94402
TELEPHONE NO. 650-696-8350
FAXNO.: 650-696-8365
EMAILADDRESS: jmbowne@lf-lawyers.com
ATTORNEY FOR (Name) Ecological Concerns, Incorporated,
plaintiff
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara
STREET ADDRESS: 191 North First Street
MAILING ADDRESS:
CITY AND Zip CoDE: San Jose, 95113
BRANCH NAME
Plaintiff/Petitioner: Ecological Concerns, Incorporated
Defendant/Respondent: Proven Management, Inc., et al.
REQUEST FOR DISMISSAL CASE NUMBER,
17 CV 321092
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 derivati
ve e action or a class action or of any party or cause of action
action. (Cal. Rules of Court, rules 3.760 and 3.770.) ina class
1 TO THE CLERK: Please dismiss this action as follows.
a. (1) [5€] With prejudice (2) [__] Without prejudice
b. (1) [¢] Complaint (2) [_] Petition
(3) [7] Cross-complaint filed by (name):
‘on (date).
(4) [{) Cross-complaint filed by (name): on (date):
(5) [5<] Entire action of all parties and all causes of action
(6) (7) 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 t
clerk. If court fees and costs were waived, the declaration on case is information may be obtained from the
the back of this fo, be completed)
Date: June 13, 2018
Jonathan M. Bowne, counsel for Plaintiff
(TYPE OR PRINT NAME OF [x] ATTORNEY PARTY WITHOUT ATTORNEY)
“If dismissal requested is of specified parties only of specified causes of action only, (SIGNATURE)
oF of specified cross-complaints only, so state and identify Attorney or party without attorney for:
‘action, or cross-complaints to be dismissed the parties, causes of
x _} Plaintiff/Petitioner Defendant/Respondent
[] Cross Complainant
3. TO THE CLERK: Consent to the above dismissal is hereby given.**
Date
(TYPE OR PRINT NAME OF [] ATTORNEY [—] PARTY WITHOUT ATTORNEY) »
“If a cross-complaint — or Response (Family Law) (SIGNATURE)
relief —is on file, the attorney for cross-com iplainant seeking affirmative
(respondent) must sign Attorney or party without attorney for:
this consent if required by Code of Civil Procedure section 581 (i) or () [_] PlaintittiPetitioner Defendant/Respondent
Cross Complainant
(To be completed by clerk)
4. [__] Dismissal entered as requested on (date):
5 [__] Dismissal entered on (date).
as to only (name)
6. [J Dismissal not entered as requested for the following
rea: isons (specify)
7a Attorney or party without attorney notified on (date)
b. Attorney or party without attorney not notified. Filing
party failed to provide
[] a copy to be conformed [J means to return conformed copy
Date: Clerk, by , Deputy Page 1 of2
Form Adopted for Mandatory Use
Judicial Counc of California REQUEST FOR DISMISSAL Code of Civil Procedure, § $81 et seq.: Gov. Code,
CiV-110 [Rev. Jan. 1, 2013) § 68637(c), Cal Rules of Court rule 3 1390
wwnw courts.ca gov
CIV-110
Plaintiff/Petitioner: Ecological Concerns, Incorporated ] CASE NUMBER
Defendant/Respondent: Proven Management, Inc., et al 17 CV 321092
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. [7] recovering less than $10,000 in value by this action
¢ [__] 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
| declare under penalty of perjury under the laws of the State of
California that the information above is true and correct
Date:
>
CTYPEOR PRINT NAME OF [—] ATTORNEY [—] PARTY MAKING DECLARATION (SIGNATURE)
CIV-110 [Rev January1, 2013)
REQUEST FOR DISMISSAL Page 2 of2
Document Filed Date
June 13, 2018
Case Filing Date
December 27, 2017
Category
Breach of Contract/Warranty Unlimited(06)
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ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NO: 234930 CIV-110 name JonathanM. Bowne FOR COURT USE ONLY FIRMNAME LAST & FAORO STREET ADDRESS: 520 S. El Camino Real, Suite 430 city. San Mateo STATE CA ZIP CODE: 94402 TELEPHONE NO. 650-696-8350 FAXNO.: 650-696-8365 EMAILADDRESS: jmbowne@lf-lawyers.com ATTORNEY FOR (Name) Ecological Concerns, Incorporated, plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara STREET ADDRESS: 191 North First Street MAILING ADDRESS: CITY AND Zip CoDE: San Jose, 95113 BRANCH NAME Plaintiff/Petitioner: Ecological Concerns, Incorporated Defendant/Respondent: Proven Management, Inc., et al. REQUEST FOR DISMISSAL CASE NUMBER, 17 CV 321092 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 derivati ve e action or a class action or of any party or cause of action action. (Cal. Rules of Court, rules 3.760 and 3.770.) ina class 1 TO THE CLERK: Please dismiss this action as follows. a. (1) [5€] With prejudice (2) [__] Without prejudice b. (1) [¢] Complaint (2) [_] Petition (3) [7] Cross-complaint filed by (name): ‘on (date). (4) [{) Cross-complaint filed by (name): on (date): (5) [5<] Entire action of all parties and all causes of action (6) (7) 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 t clerk. If court fees and costs were waived, the declaration on case is information may be obtained from the the back of this fo, be completed) Date: June 13, 2018 Jonathan M. Bowne, counsel for Plaintiff (TYPE OR PRINT NAME OF [x] ATTORNEY PARTY WITHOUT ATTORNEY) “If dismissal requested is of specified parties only of specified causes of action only, (SIGNATURE) oF of specified cross-complaints only, so state and identify Attorney or party without attorney for: ‘action, or cross-complaints to be dismissed the parties, causes of x _} Plaintiff/Petitioner Defendant/Respondent [] Cross Complainant 3. TO THE CLERK: Consent to the above dismissal is hereby given.** Date (TYPE OR PRINT NAME OF [] ATTORNEY [—] PARTY WITHOUT ATTORNEY) » “If a cross-complaint — or Response (Family Law) (SIGNATURE) relief —is on file, the attorney for cross-com iplainant seeking affirmative (respondent) must sign Attorney or party without attorney for: this consent if required by Code of Civil Procedure section 581 (i) or () [_] PlaintittiPetitioner Defendant/Respondent Cross Complainant (To be completed by clerk) 4. [__] Dismissal entered as requested on (date): 5 [__] Dismissal entered on (date). as to only (name) 6. [J Dismissal not entered as requested for the following rea: isons (specify) 7a Attorney or party without attorney notified on (date) b. Attorney or party without attorney not notified. Filing party failed to provide [] a copy to be conformed [J means to return conformed copy Date: Clerk, by , Deputy Page 1 of2 Form Adopted for Mandatory Use Judicial Counc of California REQUEST FOR DISMISSAL Code of Civil Procedure, § $81 et seq.: Gov. Code, CiV-110 [Rev. Jan. 1, 2013) § 68637(c), Cal Rules of Court rule 3 1390 wwnw courts.ca gov CIV-110 Plaintiff/Petitioner: Ecological Concerns, Incorporated ] CASE NUMBER Defendant/Respondent: Proven Management, Inc., et al 17 CV 321092 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. [7] recovering less than $10,000 in value by this action ¢ [__] 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 | declare under penalty of perjury under the laws of the State of California that the information above is true and correct Date: > CTYPEOR PRINT NAME OF [—] ATTORNEY [—] PARTY MAKING DECLARATION (SIGNATURE) CIV-110 [Rev January1, 2013) REQUEST FOR DISMISSAL Page 2 of2