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IOUT
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Jul-12-2013 3:28 pm
Case Number: CGC-12-518307
Filing Date: Jul-12-2013 3:27
Filed by: DAVID YUEN
Juke Box: 001 Image: 04125206
| DISMISSAL OF ENTIRE ACTION
BULMARO BARRAGAN URIBE VS. PROVEN MANAGEMENT, INC. A
CALIFORNIA CORPORATION et al
001004125206
Instructions:
Please place this sheet on top of the document to be scanned.4
o_ clv-110
ATTORNEY OR PARTY WITHOUT, ATTORNEY (Name, ‘Bar number, and address):
SCOTT H. WECHSLER (SBN 100452) FOR COURT USE ONLY
LAW OFFICES OF SCOTT H. WECHSLER
22 Battery Street, Suite 888
San Francisco, CA 94111-5522
TeLePHoNE NO: 415/777-9700 FAXNO. (Optionay: 415/948-2134
E-MAIL ADDRESS (Optional): Sind
ATTORNEY FOR (Name): BULMARO BARRAGAN URIBE and BEATRIZ ARECHIGA BARRAGAN mn. fin)
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO UL 12 29 nt
street appress: 400 McAllister Street CLE 3
MaiuinGappress: 400 McAllister Street By: It A by G
cmvanozpcove: San Francisco, CA 94102 I OURT
BRANCH NAME:
FLAINTIFF/PETITIONER: BULMARO BARRAGAN URIBE and BEATRIZ Peony
ARECHIGA BARRAGAN
IDEFENDANT/RESPONDENT: PROVEN MANAGEMENT, INC., et al.
CASE NUMBER
REQUEST FOR DISMISSAL CGC-12-518307
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 ina
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) LJ Cross-complaint filed by (name): on (date):
(4) [_] Cross-complaint filed by (name): on (date):
6) Entire action of all parties and all causes of action
(6) Other (specify):* Each Party to bear their own attorneys' fees and costs
2. (Complete in all cases exoept 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 thisform must be compjeted).
Date: 4: 2/ (3
> x4 :
(SIGNATURE)
(TYPE OR PRINT NAME OF rrorwey ["_] parry wiTtouT ATTORNEY) Attorney or party without attorney for: Bulmaro Barragan
“If dismissal requested is of specified parties only of specified causes of action Uribe and Beatriz Arechiga Barragan
only, or of specified cross-complaints only, so state and identify the parties,
causes of action, or cross-complaints to be dismissed.
Plaintiff/Petitioner = (__} Defendant/Respondent
{_]_Cross~Complainant
3. TO THE CLERK: Consent to the above dismissal is hereby given.**
Date: >
(TYPE OR PRINT NAME OF [__] aTroRNey [__] paRTY WITHOUT ATTORNEY) (SIGNATURE)
Attorney or party without attorney for:
‘** If a cross-complaint—or Response (Family Law) seeking affirmative
relief — is on file, the attomey for cross-complainant (respondent) must
sign this consent if required by Code of Civil Procedure section 581 (i) ("] Plaintiff/Petitioner [7] Defendant/Respondent
or. {_) 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 tequested for the following reasons (specify):
7. a. [_] Attorney or party without attorney notified on (date):
b Lj 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 1 of 2
soa Court Gane? REQUEST FOR DISMISSAL Gov. Code, § ae sc Procero, § 51 at sag;
CIV-110 [Rev. Jan. 4, 2013] Solui aSclVv-110
PLAINTIFF/PETITIONER: BULMARO BARRAGAN URIBE and CASE NUMBER:
BEATRIZ ARECHIGA BARRAGAN
DEFENDANT/RESPONDENT: PROVEN MANAGEMENT, INC., et al. cGc-12-518307
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
| 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 1, 2013)
REQUEST FOR DISMISSAL Page 2 of 227
28
URIBE v. PROVEN MANAGEMENT, INC. et al.
San Francisco Superior Court Case No. CGC-12-518307
PROOF OF SERVICE - Civil
[Code of Civ. Proc. §§ 1011, 1013, 1031a, 2015.5]
METHOD OF SERVICE:
O By Personal Service 1 By Mail OBy Overnight Delivery
OBy Messenger Service O By Facsimile O By E-Mail/Electronic Transmission
1. 1 am a citizen of the United States and am employed in the County of San Mateo, State of
California. I am over the age of 18 years and not a party to the within action.
2. My place of employment is 1111 Bayhill Drive, Suite 300, San Bruno, CA 94066.
3. On the date set forth below, I caused to be served a true and correct copy of the document
described as:
REQUEST FOR DISMISSAL
4. I served the document on the persons below, as follows:
Scott H. Wechsler, Esq.
Law Offices of Scott M. Wechsler
22 Battery Street, Suite 888
San Francisco, CA 94111
Tel: (415) 777-9700
Fax: (415) 948-2134
Attorneys for Plaintiffs BULMARO
BARRAGAN URIBE and BEATRIZ
ARECHIGA BARRAGAN
5. The document was served by the following means (specify):
a. Oo BY PERSONAL SERVICE. I personally delivered the documents to the
persons at the addresses listed in item 4. (1) For a party represented by an
attorney, delivery was made to the attorney or at the attorney's office by
leaving the documents in an envelope or package clearly labeled to identify
the attorney being served with a receptionist or an individual in charge of the
office. (2) For a party, delivery was made to the party or by leaving the
documents at the party's residence with some person not less than 18 years of
age between the hours of eight in the morning and six in the evening.
b. & BY UNITED STATES MAIL. I enclosed the documents ina sealed envelope
or package addressed to the persons at the addresses in item 4 and (specify
one):
(1) oO deposited the sealed envelope with the United States Postal Services,
with the postage fully prepaid.
2 placed the envelope for collection and mailing, following our ordinary
business practices. I am readily familiar with this business's practice
G:\Data\DOCS\0094\04507\POS (Dismissal)27
28
for collecting and processing correspondence for mailing. On the
same day that correspondence is placed for collection and mailing, it
is deposited in the ordinary course of business with the United States
Postal Service, in a sealed envelope with postage fully prepaid.
I am resident or employed in the County where the mailing occurred. The envelope or
package was placed in the mail at San Bruno, California, County of San Mateo.
c. OQ BY OVERNIGHT DELIVERY. [ enclosed the documents in an envelope
or package provided by an overnight delivery carrier and addressed to the
persons at the addresses in item 4. I place the envelope or package for
collection and overnight delivery at an office or a regularly utilized drop box
of the overnight delivery carrier.
d. Oo BY MESSENGER SERVICE. I served the documents by placing them in
an envelope or package addressed to the persons at the addresses listed in
item 4 and providing them to a professional messenger service for service.
e Oo BY FAX TRANSMISSION. Based on an agreement of the parties to accept
service by fax transmission, I faxed the documents to the persons at the fax
numbers listed in item 4. No error was reported by the fax machine that I
used. A copy of the record of the fax transmission, which I printed out, is
attached.
f. Qo BY E-MAIL OR ELECTRONIC TRANSMISSION. Based on a court
order or an agreement of the parties to accept service by e-mail or electronic
transmission, I caused the documents to be sent to the persons at the email
addresses listed in item 4. I did not receive, within a reasonable time after the
transmission, any electronic message or other indication that the transmission
was unsuccessful.
® (State) I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Oo (Federal) I declare that I am employed in the offices of a member of the bar of this court at
whose direction this service was made. I declare under penalty of perjyry that the foregoing is true
and correct.
Executed on July 10, 2013, at San Bruno, California,
Proof of Service - Civil
[Code of Civ.Proc. §§ 1011, 1013, 1013a, 2015.5]
G:\Data\DOCS\0094\04507\POS (Dismissal)
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fe IOUT SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Jul-12-2013 3:28 pm Case Number: CGC-12-518307 Filing Date: Jul-12-2013 3:27 Filed by: DAVID YUEN Juke Box: 001 Image: 04125206 | DISMISSAL OF ENTIRE ACTION BULMARO BARRAGAN URIBE VS. PROVEN MANAGEMENT, INC. A CALIFORNIA CORPORATION et al 001004125206 Instructions: Please place this sheet on top of the document to be scanned.4 o_ clv-110 ATTORNEY OR PARTY WITHOUT, ATTORNEY (Name, ‘Bar number, and address): SCOTT H. WECHSLER (SBN 100452) FOR COURT USE ONLY LAW OFFICES OF SCOTT H. WECHSLER 22 Battery Street, Suite 888 San Francisco, CA 94111-5522 TeLePHoNE NO: 415/777-9700 FAXNO. (Optionay: 415/948-2134 E-MAIL ADDRESS (Optional): Sind ATTORNEY FOR (Name): BULMARO BARRAGAN URIBE and BEATRIZ ARECHIGA BARRAGAN mn. fin) SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO UL 12 29 nt street appress: 400 McAllister Street CLE 3 MaiuinGappress: 400 McAllister Street By: It A by G cmvanozpcove: San Francisco, CA 94102 I OURT BRANCH NAME: FLAINTIFF/PETITIONER: BULMARO BARRAGAN URIBE and BEATRIZ Peony ARECHIGA BARRAGAN IDEFENDANT/RESPONDENT: PROVEN MANAGEMENT, INC., et al. CASE NUMBER REQUEST FOR DISMISSAL CGC-12-518307 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 ina 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) LJ Cross-complaint filed by (name): on (date): (4) [_] Cross-complaint filed by (name): on (date): 6) Entire action of all parties and all causes of action (6) Other (specify):* Each Party to bear their own attorneys' fees and costs 2. (Complete in all cases exoept 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 thisform must be compjeted). Date: 4: 2/ (3 > x4 : (SIGNATURE) (TYPE OR PRINT NAME OF rrorwey ["_] parry wiTtouT ATTORNEY) Attorney or party without attorney for: Bulmaro Barragan “If dismissal requested is of specified parties only of specified causes of action Uribe and Beatriz Arechiga Barragan only, or of specified cross-complaints only, so state and identify the parties, causes of action, or cross-complaints to be dismissed. Plaintiff/Petitioner = (__} Defendant/Respondent {_]_Cross~Complainant 3. TO THE CLERK: Consent to the above dismissal is hereby given.** Date: > (TYPE OR PRINT NAME OF [__] aTroRNey [__] paRTY WITHOUT ATTORNEY) (SIGNATURE) Attorney or party without attorney for: ‘** If a cross-complaint—or Response (Family Law) seeking affirmative relief — is on file, the attomey for cross-complainant (respondent) must sign this consent if required by Code of Civil Procedure section 581 (i) ("] Plaintiff/Petitioner [7] Defendant/Respondent or. {_) 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 tequested for the following reasons (specify): 7. a. [_] Attorney or party without attorney notified on (date): b Lj 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 1 of 2 soa Court Gane? REQUEST FOR DISMISSAL Gov. Code, § ae sc Procero, § 51 at sag; CIV-110 [Rev. Jan. 4, 2013] Solui aSclVv-110 PLAINTIFF/PETITIONER: BULMARO BARRAGAN URIBE and CASE NUMBER: BEATRIZ ARECHIGA BARRAGAN DEFENDANT/RESPONDENT: PROVEN MANAGEMENT, INC., et al. cGc-12-518307 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 | 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 1, 2013) REQUEST FOR DISMISSAL Page 2 of 227 28 URIBE v. PROVEN MANAGEMENT, INC. et al. San Francisco Superior Court Case No. CGC-12-518307 PROOF OF SERVICE - Civil [Code of Civ. Proc. §§ 1011, 1013, 1031a, 2015.5] METHOD OF SERVICE: O By Personal Service 1 By Mail OBy Overnight Delivery OBy Messenger Service O By Facsimile O By E-Mail/Electronic Transmission 1. 1 am a citizen of the United States and am employed in the County of San Mateo, State of California. I am over the age of 18 years and not a party to the within action. 2. My place of employment is 1111 Bayhill Drive, Suite 300, San Bruno, CA 94066. 3. On the date set forth below, I caused to be served a true and correct copy of the document described as: REQUEST FOR DISMISSAL 4. I served the document on the persons below, as follows: Scott H. Wechsler, Esq. Law Offices of Scott M. Wechsler 22 Battery Street, Suite 888 San Francisco, CA 94111 Tel: (415) 777-9700 Fax: (415) 948-2134 Attorneys for Plaintiffs BULMARO BARRAGAN URIBE and BEATRIZ ARECHIGA BARRAGAN 5. The document was served by the following means (specify): a. Oo BY PERSONAL SERVICE. I personally delivered the documents to the persons at the addresses listed in item 4. (1) For a party represented by an attorney, delivery was made to the attorney or at the attorney's office by leaving the documents in an envelope or package clearly labeled to identify the attorney being served with a receptionist or an individual in charge of the office. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence with some person not less than 18 years of age between the hours of eight in the morning and six in the evening. b. & BY UNITED STATES MAIL. I enclosed the documents ina sealed envelope or package addressed to the persons at the addresses in item 4 and (specify one): (1) oO deposited the sealed envelope with the United States Postal Services, with the postage fully prepaid. 2 placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business's practice G:\Data\DOCS\0094\04507\POS (Dismissal)27 28 for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. I am resident or employed in the County where the mailing occurred. The envelope or package was placed in the mail at San Bruno, California, County of San Mateo. c. OQ BY OVERNIGHT DELIVERY. [ enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresses in item 4. I place the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. d. Oo BY MESSENGER SERVICE. I served the documents by placing them in an envelope or package addressed to the persons at the addresses listed in item 4 and providing them to a professional messenger service for service. e Oo BY FAX TRANSMISSION. Based on an agreement of the parties to accept service by fax transmission, I faxed the documents to the persons at the fax numbers listed in item 4. No error was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out, is attached. f. Qo BY E-MAIL OR ELECTRONIC TRANSMISSION. Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the email addresses listed in item 4. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. ® (State) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Oo (Federal) I declare that I am employed in the offices of a member of the bar of this court at whose direction this service was made. I declare under penalty of perjyry that the foregoing is true and correct. Executed on July 10, 2013, at San Bruno, California, Proof of Service - Civil [Code of Civ.Proc. §§ 1011, 1013, 1013a, 2015.5] G:\Data\DOCS\0094\04507\POS (Dismissal)