Request,Application: Lalani Nailau vs Susan Clarke et al

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                                CIV-110
 ATTORNEY OR PARTY WITHOUT ATTORNEY:                            STATE BAR NO: 157065                                                        FOR COURT USE ONLY
 Name: Richard E. Eichenbaum, Esq.
 FIRM NAME: Caputo & Van Der Walde LLP
 STREET ADDRESS: 51 E. Campbell Avenue, Suite 120
 city: Campbell                                                       STATE: CA            ZIP CODE: 95008
 TELEPHONE NO.; (408) 733-0100                                       FAX NO.: (408) 733-0123
 E-MAIL ADDRESS: ree@vanderwalde.com
|ATTORNEY FOR (Name):        Plaintiff LALANI NAILAU
 SUPERIOR COURT OF CALIFORNIA, COUNTY OF                           SANTA CLARA
     STREET ADDRESS: 191 North First Street
     MAILING ADDRESS:
 CITY AND ZIP CobE: San Jose, CA 95113
       BRANCH NAME:
            Plaintiff/Petitioner: LALANI NAILAU
    Defendant/Respondent:           SUSAN      M. CLARKE, et al.

                                                                                                                        CASE NUMBER:
                                        REQUEST FOR DISMISSAL                                                           16CV299824
    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.)
7      TO THE CLERK: Please dismiss this action as follows:
       a. (1) [Be] With prejudice   (2) [] Without prejudice
       b. (4)        [)    Complaint                (2) [J] Petition
             (3)     [)    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) [] Other (specify):*
2.      (Complete in all cases except family law cases.)
       The court [—_] did            [4] 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).
Date:                                                                                                        =
                RICHARD E. EICHENBAUM, ESQ.
(TYPE OR PRINT NAME OF         [x ] ATTORNEY               PARTY WITHOUT ATTORNEY)
                                                                                                  >             A=
                                                                                                                                          EB
                                                                                                                                         Aa
                                                                                                                                   (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, of cross-complaints to be dismissed,
                                                                                                 [J     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)
** Ifa 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 ()) or ().                        [_] Plaintiff/Petitioner           [--] 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.     [__]        Dismissal not entered as requested for the following reasons (specify):


7.     a.    [__] 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              [)       means to return conformed copy
Date:                                                           Clerk, by                                                                                 Deputy               Page t of 2
Form Adopted for Mandatory Use                                                                                                         Code of Civil Procedure, § 681 et seq; Gov. Code,
Judicial Council of California.                                       REQUEST FOR DISMISSAL                                                  {§ 68637(c); Cal. Rules of Court, rule 3.1390
C1V-410 (Rev. Jan. 1, 2013}                                                                                                                                            wwnw.courts.ca.gov
Clv-110
            Plaintiff/Petitioner: LALANI NAILAU                                                      CASE NUMBER:
     Defendant/Respondent: SUSAN M. CLARKE, et al.
                                                                                                     16CV299824




                                      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 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.
       ¢.    [7]    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:

                                                                                >
(TYPE OR PRINT NAME OF [~~] ATTORNEY        [___] PARTY MAKING DECLARATION)                                 (SIGNATURE)




CIV-110 [Rev, January 4, 2013]                             REQUEST FOR DISMISSAL                                                     Page 2 of 2