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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Mar-05-2010 2:03 pm
Case Number: CGC-08-479247
Filing Date: Mar-04-2010 2:03
Juke Box: 001 Image: 02781704
REMITTITUR
WAYNE DERMAN VS. M.KARKORI CONSTRUCTION, INC., A PURPORATED et al
001002781704
Instructions:
Please place this sheet on top of the document to be scanned.COURT OF APPEAL, FIRST APPELLATE DISTRICT
350 MCALLISTER STREET
SAN FRANCISCO, CA 94102
DIVISION 3 F I E D
Superior of California
‘San Francisco
Office of the County Clerk
San Francisco County Superior Court - Main MAR 4 2010
Attention: Civil Appeals
400 McAllister Street, Ist Floor CLERK OF THE CO!
San Francisco, CA 94102 BY: ‘Deputy
WAYNE DERMAN,
Plaintiff and Respondent,
Vv.
MOSTAFA KARKORTet al.,
Defendants and Appellants.
A123242
San Francisco County No. 479247
* * REMITTITUR * *
I, Diana Herbert, Clerk of the Court of Appeal of the State of California, for the First Appellate
District, do hereby certify that the attached is a true and correct copy of the original opinion or decision
entered in the above-entitled cause on March 04, 2010 and that this opinion has now become final.
___ Appellant ‘Le spondent to recover costs
___ Each party to bear own costs
__Costs are not awarded in this proceeding
___ See decision for costs determination
Witness my hand and the Seal of the Court affixed at nm office this
Y Y WAR ~ 4 2010
Very truly yours,
Diana Herbert
Clerk of the Court
Fett Crehnne—
Deputy Clerk
P.O. Report: __
Marsden Transcript: ___
Boxed Transcripts:
Exhibits:
None of the above: |“
ram1COPY
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
Fi Oe
DIVISION THREE Courtot Appeat Firs bist
MAR 04 2010
WAYNE DERMAN, Diana Herbert, Cierk
Plaintiff and Respondent, 123242 [9 Peel Clee
ve.
MOSTAFA KARKORT et al., (San Francisco County
. Ct. No. 47924
Defendants and Appellants. Super. Ct. No 2
THE COURT:
Appellant filed a request for dismissal in this court. The appeal is dismissed. The
request by appellant’s counsel that the court issue its decision on the merits despite the
dismissal is denied. The remittitur shall issue immediately.
yAR ~ 4 200 McGuiness, P.J.,,
DATED:TO BE FILED IN THE COURT OF APPEAL
Co Py _app-oo7
COURT OF APPEAL, FIRST APPELLATE DISTRICT, DIVISION THREE
‘Cour of Appeal Case Number (i kno):
A123242
“Superior Court Case Number,
CGC-08-479247
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, stale bar number, and address):
GEORGE W. WOLFF(81126): LAW OFFICE OF GEORGE W. WOLFF
| 605 SANSOME ST., SUITE 1525; P.O.BOX 26749
SAN FRANCISCO, CA 94126-6749
‘TELEPHONE NO.:
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name): Appellant M. karkori Construction, Inc. and Mostafa Karkori
FAX NO. (Optional):
APPELLANT: M, Karkori Construction, Inc.
RESPONDENT: Wayne Derman
FOR COURT USE ONLY
puty Clerk
REQUEST FOR DISMISSAL OF APPEAL (CIVIL CASE)
The undersigned appellant hereby requests that the appeal filed on (date) 11/19/2008
Date: February 23, 2010
in the above entitled action be dismissed.
George W. Wolff
(TYPE OR PRINT NAME)
(SIGNATURE OF APPELLANT OR ATTORNEY)
NOTE: File this form in the Court of Appeal if the record on appeal has already been filed in the Court of
Appeal. If the record has not yet been filed in the Court of Appeal, you cannot use this form; you must file
an Abandonment of Appeal (Unlimited Civil Case) (form APP-005) in the superior court.
Page 1of2
Form Approved for Optional Use
Judicial Councl of
‘APP-007 (Rev. July 1, 2007]
Req for Dismissal 2-22-10.max
REQUEST FOR DISMISSAL OF APPEAL (CIVIL CASE)
Cal Rules of Court, rule 8.244
www.courinfo.ca.govAPP-007
CASE NUMBER:
M. Karkori Construction, Inc. v. Derman A123242
CASE NAME:
NOTICE TO PARTIES: A copy of this document must be mailed or personally delivered to the other party or parties to this appeal. A PARTY
TO THE APPEAL MAY NOT PERFORM THE MAILING OR DELIVERY HIMSELF OR HERSELF. A person who js at least 18 years old and is
not a party to this appeal must complete the information below and mail (by first-class mail, postage prepaid) or personally deliver the front and
back of this document. When the front and back of this document have been completed and a copy mailed or personally delivered, the original
may then be filed with the court.
PROOF OF SERVICE
[x] mail [—] Personal Service
1. At the time of service | was at least 18 years of age and not a party to this legal action.
2. My residence or business address is (specify): 505 Sansome Street, Suite 1525, San Francisco, CA 94111
3. I mailed or personally delivered a copy of the Request for Dismissal of Appeal (Civil Case) as follows (complete either a or b):
a. [X_] Mall. | am a resident of or employed in the county where the mailing occurred.
(1) lenclosed a copy in an envelope and
(a) [X_) deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid.
(0) [_] placed the envelope for collection and mailing on the date and at the place shown in items below, following
our ordinary business practices...| am readily familiar with this business's practice for collecting and processing
correspondence for mailing. On the same day that correspondence is placed for collection and mailing, itis
deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with
postage fully prepaid.
(2) The envelope was addressed and mailed as follows:
(a) Name of person served: Jeffrey H Belote
() Address on envelope: Morris Polich & Purdy LLP
One Embarcadero Center, Suite 400, San Francisco, CA 94111
(c) Date of mailing: March 1, 2010
(a) Place of mailing (city and state): San Francisco, CA
b.[_] Personal delivery. | personally delivered a copy as follows:
(1) Name of person served:
(2) Address where delivered:
(3) Date delivered:
(4) Time delivered:
{ declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: March 4, 2010
™~
Jennifer Yu >
(TYPE OR PRINT NAME) / (SIGNATURE OF DEHLARANT) (]
‘APP-007 [Rev. July 1, 2007] REQUEST FOR DISMISSAL OF APPEAL (CIVIL CASE) Page 2 of 2
Req for Dismissal 2-22-10.max
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IOUT SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Mar-05-2010 2:03 pm Case Number: CGC-08-479247 Filing Date: Mar-04-2010 2:03 Juke Box: 001 Image: 02781704 REMITTITUR WAYNE DERMAN VS. M.KARKORI CONSTRUCTION, INC., A PURPORATED et al 001002781704 Instructions: Please place this sheet on top of the document to be scanned.COURT OF APPEAL, FIRST APPELLATE DISTRICT 350 MCALLISTER STREET SAN FRANCISCO, CA 94102 DIVISION 3 F I E D Superior of California ‘San Francisco Office of the County Clerk San Francisco County Superior Court - Main MAR 4 2010 Attention: Civil Appeals 400 McAllister Street, Ist Floor CLERK OF THE CO! San Francisco, CA 94102 BY: ‘Deputy WAYNE DERMAN, Plaintiff and Respondent, Vv. MOSTAFA KARKORTet al., Defendants and Appellants. A123242 San Francisco County No. 479247 * * REMITTITUR * * I, Diana Herbert, Clerk of the Court of Appeal of the State of California, for the First Appellate District, do hereby certify that the attached is a true and correct copy of the original opinion or decision entered in the above-entitled cause on March 04, 2010 and that this opinion has now become final. ___ Appellant ‘Le spondent to recover costs ___ Each party to bear own costs __Costs are not awarded in this proceeding ___ See decision for costs determination Witness my hand and the Seal of the Court affixed at nm office this Y Y WAR ~ 4 2010 Very truly yours, Diana Herbert Clerk of the Court Fett Crehnne— Deputy Clerk P.O. Report: __ Marsden Transcript: ___ Boxed Transcripts: Exhibits: None of the above: |“ ram1COPY IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT Fi Oe DIVISION THREE Courtot Appeat Firs bist MAR 04 2010 WAYNE DERMAN, Diana Herbert, Cierk Plaintiff and Respondent, 123242 [9 Peel Clee ve. MOSTAFA KARKORT et al., (San Francisco County . Ct. No. 47924 Defendants and Appellants. Super. Ct. No 2 THE COURT: Appellant filed a request for dismissal in this court. The appeal is dismissed. The request by appellant’s counsel that the court issue its decision on the merits despite the dismissal is denied. The remittitur shall issue immediately. yAR ~ 4 200 McGuiness, P.J.,, DATED:TO BE FILED IN THE COURT OF APPEAL Co Py _app-oo7 COURT OF APPEAL, FIRST APPELLATE DISTRICT, DIVISION THREE ‘Cour of Appeal Case Number (i kno): A123242 “Superior Court Case Number, CGC-08-479247 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, stale bar number, and address): GEORGE W. WOLFF(81126): LAW OFFICE OF GEORGE W. WOLFF | 605 SANSOME ST., SUITE 1525; P.O.BOX 26749 SAN FRANCISCO, CA 94126-6749 ‘TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): Appellant M. karkori Construction, Inc. and Mostafa Karkori FAX NO. (Optional): APPELLANT: M, Karkori Construction, Inc. RESPONDENT: Wayne Derman FOR COURT USE ONLY puty Clerk REQUEST FOR DISMISSAL OF APPEAL (CIVIL CASE) The undersigned appellant hereby requests that the appeal filed on (date) 11/19/2008 Date: February 23, 2010 in the above entitled action be dismissed. George W. Wolff (TYPE OR PRINT NAME) (SIGNATURE OF APPELLANT OR ATTORNEY) NOTE: File this form in the Court of Appeal if the record on appeal has already been filed in the Court of Appeal. If the record has not yet been filed in the Court of Appeal, you cannot use this form; you must file an Abandonment of Appeal (Unlimited Civil Case) (form APP-005) in the superior court. Page 1of2 Form Approved for Optional Use Judicial Councl of ‘APP-007 (Rev. July 1, 2007] Req for Dismissal 2-22-10.max REQUEST FOR DISMISSAL OF APPEAL (CIVIL CASE) Cal Rules of Court, rule 8.244 www.courinfo.ca.govAPP-007 CASE NUMBER: M. Karkori Construction, Inc. v. Derman A123242 CASE NAME: NOTICE TO PARTIES: A copy of this document must be mailed or personally delivered to the other party or parties to this appeal. A PARTY TO THE APPEAL MAY NOT PERFORM THE MAILING OR DELIVERY HIMSELF OR HERSELF. A person who js at least 18 years old and is not a party to this appeal must complete the information below and mail (by first-class mail, postage prepaid) or personally deliver the front and back of this document. When the front and back of this document have been completed and a copy mailed or personally delivered, the original may then be filed with the court. PROOF OF SERVICE [x] mail [—] Personal Service 1. At the time of service | was at least 18 years of age and not a party to this legal action. 2. My residence or business address is (specify): 505 Sansome Street, Suite 1525, San Francisco, CA 94111 3. I mailed or personally delivered a copy of the Request for Dismissal of Appeal (Civil Case) as follows (complete either a or b): a. [X_] Mall. | am a resident of or employed in the county where the mailing occurred. (1) lenclosed a copy in an envelope and (a) [X_) deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid. (0) [_] placed the envelope for collection and mailing on the date and at the place shown in items below, following our ordinary business practices...| am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, itis deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. (2) The envelope was addressed and mailed as follows: (a) Name of person served: Jeffrey H Belote () Address on envelope: Morris Polich & Purdy LLP One Embarcadero Center, Suite 400, San Francisco, CA 94111 (c) Date of mailing: March 1, 2010 (a) Place of mailing (city and state): San Francisco, CA b.[_] Personal delivery. | personally delivered a copy as follows: (1) Name of person served: (2) Address where delivered: (3) Date delivered: (4) Time delivered: { declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: March 4, 2010 ™~ Jennifer Yu > (TYPE OR PRINT NAME) / (SIGNATURE OF DEHLARANT) (] ‘APP-007 [Rev. July 1, 2007] REQUEST FOR DISMISSAL OF APPEAL (CIVIL CASE) Page 2 of 2 Req for Dismissal 2-22-10.max