Preview
CiV-110
"ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Ger number, and adéressiRAMON R. Lopez, Bar No. FoR COURY USE ONLY
86361; Matthew R. Lopez, Bar No. 263134; Brady D. Williams, Bar No. 286976 DISMISSAL ENTERED
Lopez McHugh LLP, 100 Bayview Circle, Ste 5600, Newport Beach, CA 92660
TELEPHONE NOs (949) 737-1501 Fax no. topuonep: (949) 737-1504
E-MAIL AODRESS (Optona): bwilliams@lopezmchugh.com ELECTRONICALLY
ATTORNEY FOR (name): Plaintiffs FRANK ALIOTO and KRISTEN ALIOTO FILED
SUPERIOR COURT OF CALIFORNIA, COUNTY oF San Francisco Superior Court of Californi I
street aporess: 400 McAllister Street County of San Francisco
maiuing acoress: 400 McAllister Street JAN 16 2015
civ ano2e cove: San Francisco, CA 94102 Clerk of the Court
erancu xame: Civic Center Courthouse BY: EDNALEEN JAVIER
PLAINTIFF/PETITIONER: FRANK ALIOTO and KRISTEN ALIOTO Deputy Clerk
DEFENDANT/RESPONDENT: ADAM BURGESS, et al.
REQUEST FOR DISMISSAL casenumper: CGC-11-509638
A conformed copy will not be returned by the clerk uniess 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) [7] Without prejudice
b. (4) £_] Complaint (2) [-_] Petition
(3) [[7] Cross-complaint filed by (name): ‘on (date):
(4) [__] Cross-complaint filed by (name): ‘on (date):
(5) Entire action of alt parties and all causes of action
(6) [_] Other (speeify):*
2. (Complete in all cases except family law cases,}
The court [_] did did not waive court fees and costs for a party in this case. (This information obtained from
the clerk, if court fees and costs were waived, the declaration on the back of this
Date: Jannary 16, 2015
Brady D. Williams...
qvecor ent sane or [Y-] arroney [7] pare wirnour arronveny
“if dismissal requested is of specified parties only of specified causes of action Attorney or party Without attorney for:
oly, oF Of Spectied cross-complaints only, $0, stale “and sdenkiy the parties, Plaintiff/Petitioner (] DefendantRespondent
("] Cross-Compiainant
3. TO THE CLERK: Consent to the above dismissal is hereby given,**
Date: >
[} Cross-Compiainant
cyPeoR Print NaMEOF [_] aTtorNey [__] PARTY WITHOUT ATTORNEY) (SIGNATURE)
“if a cross-complaint- or Response (Family Law) Geeking, arfimative Attorney or party without attomey for:
relief -- is on file, the attorney for crass-complainani (respondent) must gi i i
sgn tie ‘consent if required by Code of Civi! Procedure section 881 (i) [7] Plaintiff/Petitioner ([7] DefendantRespondent |
org). . i
(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):
7a] Attorney or party without atforney notified on (date):
b. [_] Attorney or party without attomey not notified. Filing party failed to provide
[la copy to be conformed [~~] means to return conformed copy
Date: Clerk, by , Deputy
age 1 ot2 :
elidel Cours of Cafonia REQUEST FOR DISMISSAL Gov. Cade, § 688014) Gal Ruse ct Gout, rues aE '
CIVe110 fRev, Jan. 1, 2013} ww. cours.ca.gevCIV-110
PLAINTIFF/PETITIONER: FRANK ALIOTO and KRISTEN ALIOTO CASE NUMBER:
DEFENDANT/RESPONDENT: ADAM BURGESS, et al. CGC-11-509638
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.
c. [7] recovering $10,000 or more in value by this action, (If item 2c is checked, item 3 must be completed.)
3 CI All court fees and court costs that were waived in this action have been paid to the court (check one): Co Yes Cc No
i declare under penaity of perjury under the laws of the State of California that the information above is true and correct.
Date:
>
(TYPE OR PRINT NAWEOF [] ATTORNEY [1] PARTY MAKING DECLARATION) (SIGNATURE
‘Clv-110 [Rev. January 1, 2013) REQUEST FOR DISMISSAL Page 2 ofPROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF ORANGE
1am a resident of the county aforesaid: | am over the age of eighteen years and not a
party to the within entitled action: my business address is 100 Bayview Circle, Suite 5600,
Newport Beach, California 92660.
On January 16, 2015 I served the within REQUEST FOR DISMISSAL on interested
parties in said action by placing a true copy thereof enclosed in a sealed envelope with postage
thereon fully prepaid, in the United States mail in Newport Beach, California addressed as
follows: SEE ATTACHED SERVICE LIST
x BY REGULAR MAIL: I am readily familiar with the firm’s practice of collection
and processing correspondence for mailing. Under that practice it would be deposited
with US Postal Service on that same day with postage thereon fully prepaid at
Newport Beach, California in the ordinary course of business. | am aware that on
motion of the party served, service is presumed invalid if postal cancellation date or
postage meter date is more than one day after date of deposit for mailing in affidavit.
BY FEDERAL EXPRESS/UPS OVERNIGHT DELIVERY SERVICE: Said
documents were delivered to an authorized courier or driver authorized by the express
service carrier to receive documents with delivery fees paid or provided for.
BY FACSIMILE: Said documents were transmitted by facsimile transmission and
the transmission was reported as complete and without error.
BY E-MAIL: Said documents were transmitted by electronic mail transmission and
the transmission was reported as complete and without error.
BY PERSONAL SERVICE: Said documents were personally delivered by:
[ ] leaving copies at the attorney’s office, in an envelope or package clearly
labeled to identify the attorney being served;
[] with a receptionist or, with a person having charge thereof;
[ ] ma conspicuous place in the office between the hours of 9 a.m. and 5 p.m.
[ ] by leaving copies at the individual’s residence with some person of not less
than 18 years of age;
[ ] in a conspicuous place in between the hours of 8 in the morning and 6 p.m.
I declare, under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed on January 16, 2015 at Newport Beach, California.
Melissa S
REQUEST FOR DISMISSALFRANK ALIOTO, ET AL. V. ADAM BURGESS, ET AL.
CASE NO. CGC-11-509638
SERVICE LIST
Bradley J. Jameson, Esq.
PHILLIPS, SPALLAS & ANGSTADT LLP
505 Sansome Street, Sixth Floor
San Francisco, CA 94111
Telephone: (415) 278-9400
Facsimile: (415) 278-9411
REQUEST FOR DISMISSAL
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CiV-110 "ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Ger number, and adéressiRAMON R. Lopez, Bar No. FoR COURY USE ONLY 86361; Matthew R. Lopez, Bar No. 263134; Brady D. Williams, Bar No. 286976 DISMISSAL ENTERED Lopez McHugh LLP, 100 Bayview Circle, Ste 5600, Newport Beach, CA 92660 TELEPHONE NOs (949) 737-1501 Fax no. topuonep: (949) 737-1504 E-MAIL AODRESS (Optona): bwilliams@lopezmchugh.com ELECTRONICALLY ATTORNEY FOR (name): Plaintiffs FRANK ALIOTO and KRISTEN ALIOTO FILED SUPERIOR COURT OF CALIFORNIA, COUNTY oF San Francisco Superior Court of Californi I street aporess: 400 McAllister Street County of San Francisco maiuing acoress: 400 McAllister Street JAN 16 2015 civ ano2e cove: San Francisco, CA 94102 Clerk of the Court erancu xame: Civic Center Courthouse BY: EDNALEEN JAVIER PLAINTIFF/PETITIONER: FRANK ALIOTO and KRISTEN ALIOTO Deputy Clerk DEFENDANT/RESPONDENT: ADAM BURGESS, et al. REQUEST FOR DISMISSAL casenumper: CGC-11-509638 A conformed copy will not be returned by the clerk uniess 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) [7] Without prejudice b. (4) £_] Complaint (2) [-_] Petition (3) [[7] Cross-complaint filed by (name): ‘on (date): (4) [__] Cross-complaint filed by (name): ‘on (date): (5) Entire action of alt parties and all causes of action (6) [_] Other (speeify):* 2. (Complete in all cases except family law cases,} The court [_] did did not waive court fees and costs for a party in this case. (This information obtained from the clerk, if court fees and costs were waived, the declaration on the back of this Date: Jannary 16, 2015 Brady D. Williams... qvecor ent sane or [Y-] arroney [7] pare wirnour arronveny “if dismissal requested is of specified parties only of specified causes of action Attorney or party Without attorney for: oly, oF Of Spectied cross-complaints only, $0, stale “and sdenkiy the parties, Plaintiff/Petitioner (] DefendantRespondent ("] Cross-Compiainant 3. TO THE CLERK: Consent to the above dismissal is hereby given,** Date: > [} Cross-Compiainant cyPeoR Print NaMEOF [_] aTtorNey [__] PARTY WITHOUT ATTORNEY) (SIGNATURE) “if a cross-complaint- or Response (Family Law) Geeking, arfimative Attorney or party without attomey for: relief -- is on file, the attorney for crass-complainani (respondent) must gi i i sgn tie ‘consent if required by Code of Civi! Procedure section 881 (i) [7] Plaintiff/Petitioner ([7] DefendantRespondent | org). . i (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): 7a] Attorney or party without atforney notified on (date): b. [_] Attorney or party without attomey not notified. Filing party failed to provide [la copy to be conformed [~~] means to return conformed copy Date: Clerk, by , Deputy age 1 ot2 : elidel Cours of Cafonia REQUEST FOR DISMISSAL Gov. Cade, § 688014) Gal Ruse ct Gout, rues aE ' CIVe110 fRev, Jan. 1, 2013} ww. cours.ca.gevCIV-110 PLAINTIFF/PETITIONER: FRANK ALIOTO and KRISTEN ALIOTO CASE NUMBER: DEFENDANT/RESPONDENT: ADAM BURGESS, et al. CGC-11-509638 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. c. [7] recovering $10,000 or more in value by this action, (If item 2c is checked, item 3 must be completed.) 3 CI All court fees and court costs that were waived in this action have been paid to the court (check one): Co Yes Cc No i declare under penaity of perjury under the laws of the State of California that the information above is true and correct. Date: > (TYPE OR PRINT NAWEOF [] ATTORNEY [1] PARTY MAKING DECLARATION) (SIGNATURE ‘Clv-110 [Rev. January 1, 2013) REQUEST FOR DISMISSAL Page 2 ofPROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE 1am a resident of the county aforesaid: | am over the age of eighteen years and not a party to the within entitled action: my business address is 100 Bayview Circle, Suite 5600, Newport Beach, California 92660. On January 16, 2015 I served the within REQUEST FOR DISMISSAL on interested parties in said action by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail in Newport Beach, California addressed as follows: SEE ATTACHED SERVICE LIST x BY REGULAR MAIL: I am readily familiar with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with US Postal Service on that same day with postage thereon fully prepaid at Newport Beach, California in the ordinary course of business. | am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. BY FEDERAL EXPRESS/UPS OVERNIGHT DELIVERY SERVICE: Said documents were delivered to an authorized courier or driver authorized by the express service carrier to receive documents with delivery fees paid or provided for. BY FACSIMILE: Said documents were transmitted by facsimile transmission and the transmission was reported as complete and without error. BY E-MAIL: Said documents were transmitted by electronic mail transmission and the transmission was reported as complete and without error. BY PERSONAL SERVICE: Said documents were personally delivered by: [ ] leaving copies at the attorney’s office, in an envelope or package clearly labeled to identify the attorney being served; [] with a receptionist or, with a person having charge thereof; [ ] ma conspicuous place in the office between the hours of 9 a.m. and 5 p.m. [ ] by leaving copies at the individual’s residence with some person of not less than 18 years of age; [ ] in a conspicuous place in between the hours of 8 in the morning and 6 p.m. I declare, under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on January 16, 2015 at Newport Beach, California. Melissa S REQUEST FOR DISMISSALFRANK ALIOTO, ET AL. V. ADAM BURGESS, ET AL. CASE NO. CGC-11-509638 SERVICE LIST Bradley J. Jameson, Esq. PHILLIPS, SPALLAS & ANGSTADT LLP 505 Sansome Street, Sixth Floor San Francisco, CA 94111 Telephone: (415) 278-9400 Facsimile: (415) 278-9411 REQUEST FOR DISMISSAL