On April 13, 2018 a
Complaint,Petition
was filed
involving a dispute between
Gaffney, Edith,
Schultz, David,
Tyz, Ryan,
Wendrow, Shana,
and
Moalem, Michelle,
for Trust
in the District Court of San Mateo County.
Preview
CIV-110
ATTORNEY OR PARTY iii)ITHOUT ATTORNEY (Name, Stale Bar number end address)
Noell Kubota (Bar ¹ 77077) FOR COURT USE ONLY
Law Office of Noell Kubota
630 North San Mateo Dr. San Mateo, CA 94401
(650) 579-7535 FAx No (optional)
E MAIL ADDRESS (OPliobal)
ATroRNEvFOR(Name) Fd;th Osffne Shana Wcndrow David Schultz Petitioners
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
sTREETADDREss'00 County Center 10/8/2019 10:22 AM
400 County Center
MAILING ADDREss
cITYANDzIPODDE. Redwood City 94063
BRANCH NAME:
PLAINTIFF/PETITIQNER: AFTEL FAMILY TRUST
DEFENDANT/RESPONDENT:
REQUEST FOR DISMISSAL cAsE NUMBER.
l SPRO00355
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.)
Please dismiss this action as follows:
1. TO THE CLERK:
~
a. (1) ~X With prejudice (2) ~
~ Without prejudice
(4)
~
b. (1)
~
(3)
Complaint (2) Petition
Cross-complaint filed by (name):
Cross-complaint filed by (name):
on (daie):
on (date):
(6)M Entire action of all parties and all causes of action
(6) Mx otl)er (specify):* schultz
Petition ToDetermineEntitlementToDistributionUnderTrst filed 06/04/20(9 by Edith Gaffney, shana wendrow, David
2.
The court ~
(Comp/ete in a/Icases except family law cases.)
did ~x
the c/erk /(court fees and costs were waived, the dec/ara/ion on the back of/hisi
(This information may be obtained from
did not waive court fees and costs for a party in this case.
Us( 0 mp/et ).
RYPE QR PRINT NAME OF~X ATTORNEY ~ PARTYwITHOUTATTORNEY) (SIGNATURE)
Only, Or Of Speafied
Crcaamcmplamta OnlY,SO and
State identify the Parsee,
causes of action, or cross-complaints to be dismissed. ~X Plaintlff/Petitioner
Cross-Complainant
~
Attorney or party without attorney for:
*ir dismissal requested is of spearied parties only of speatied causes of action
i)efendant/Respondent
3. TO THE CLERK: Consent to the above dismissal is hereby given.**
Date:
~
(TYPE OR PRINT NAME OF ATTORNEY ~ PARTY WITHOUTATTORNEY) (SIGNATURE)
Ifa cross-complaint-or Response seeking
(Family Law) affirmative
relief — is on file, the attorney for cross-complainant (respondent) must
or (I).
Plaintiff/Petitioner
sign this consent if required by Code af Civil Procedure section 531 (i)
Cross-Complainant
~
Attorney or party without attorney for:
Defendant/Respondent
4. ~
(To be comp/cled by clerk)
X Dismissal entered as requested on (date) 10/08/2019
6
6.
~
~
Dismissal entered on (date): as to only (name);
Dismissal not entered as requested for the following reasons (specify):
M
7. a.
b. ~ Attorney or party without attorney notified on (dale):
~
Attorney or party without attorney not notified. Filing party failed to provide
M a copy to be conformed means to return conformed copy
Clerk, by /s/ Maxwell Cameron Deputy
Date: 10/08/2019 ,
PageI of 2
Form Adopted for Mandatory Ube IProcedure, 6 531 el ben,
Code of Civ
Judiaal Ccunal of California REQUEST FOR DISMISSAL Gov Code, 0 5353T(c), Cal Rules of Court, mle 31330
eww aibifb ca gbv
CIV-110 IRev Jen I, 20'13)
CIV-110
PLAINTIFF/PETITIONER: Edith Gaffney, Shana Wendrow, and David CASE NUMSER:
DEFENDANT/RESPONDENT; 18PRO00355
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, g 68637.)
Declaration Concerning Waived Court Fees
1. The court waived court fees and costs in this action for (name)i
2. The person named in item 1 is (check one below):
a C7 not recovering anything of value by this action.
M
3.M
b
c. ~All
recovering less than $ 10,000 in value by this action.
court fees and court costs that were waived in
2cis checked, item 3 must be completed)
recovering $ 10,000 or more in value by this action. (((item
this action have been paid to the court (check one):C] Yes H No
Ideclare 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 OP ATTORNEY ~ PARTY MAKING DECLARATION) (EIGNATUREI
cfl/-110 ines Januaiy I, 201st Page 2 of 2
REQUEST FOR DISMISSAL
rexisryexise Automated California Judicial Council Forins
Proof of Service
I, M I Nakayama, declare that I am over the age of 18 years, a citizen of the United States and
not a party of the within action. My business address is 630 North San Mateo Drive, San Mateo,
California 94401. On October 8, 2019, I served a copy of the: REQUEST FOR DISMISSAL on the
parties in said cause by placing a true and correct copy thereof for collection and mailing on the date
and place shown below following our ordinary business practices. I am readily familiar with this
business'ractice 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
10 with the United States postal service in a sealed envelope with postage fully prepaid, addressed as
follows;
12 John D. Minton
Anderson Yazdi Hwang Minton+ Horn
13 350 Primrose Rd.
Burlingame CA 94010
14
15 I declare under penalty of perjury under the laws of the State of California that the foregoing
16 is true and correct.
17 Date: October 8, 2019
MJN ayama
19 Place mailed: San Mateo CA
20
21
22
23
24
25
26
27
28
Document Filed Date
October 08, 2019
Case Filing Date
April 13, 2018
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
CIV-110 ATTORNEY OR PARTY iii)ITHOUT ATTORNEY (Name, Stale Bar number end address) Noell Kubota (Bar ¹ 77077) FOR COURT USE ONLY Law Office of Noell Kubota 630 North San Mateo Dr. San Mateo, CA 94401 (650) 579-7535 FAx No (optional) E MAIL ADDRESS (OPliobal) ATroRNEvFOR(Name) Fd;th Osffne Shana Wcndrow David Schultz Petitioners SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO sTREETADDREss'00 County Center 10/8/2019 10:22 AM 400 County Center MAILING ADDREss cITYANDzIPODDE. Redwood City 94063 BRANCH NAME: PLAINTIFF/PETITIQNER: AFTEL FAMILY TRUST DEFENDANT/RESPONDENT: REQUEST FOR DISMISSAL cAsE NUMBER. l SPRO00355 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.) Please dismiss this action as follows: 1. TO THE CLERK: ~ a. (1) ~X With prejudice (2) ~ ~ Without prejudice (4) ~ b. (1) ~ (3) Complaint (2) Petition Cross-complaint filed by (name): Cross-complaint filed by (name): on (daie): on (date): (6)M Entire action of all parties and all causes of action (6) Mx otl)er (specify):* schultz Petition ToDetermineEntitlementToDistributionUnderTrst filed 06/04/20(9 by Edith Gaffney, shana wendrow, David 2. The court ~ (Comp/ete in a/Icases except family law cases.) did ~x the c/erk /(court fees and costs were waived, the dec/ara/ion on the back of/hisi (This information may be obtained from did not waive court fees and costs for a party in this case. Us( 0 mp/et ). RYPE QR PRINT NAME OF~X ATTORNEY ~ PARTYwITHOUTATTORNEY) (SIGNATURE) Only, Or Of Speafied Crcaamcmplamta OnlY,SO and State identify the Parsee, causes of action, or cross-complaints to be dismissed. ~X Plaintlff/Petitioner Cross-Complainant ~ Attorney or party without attorney for: *ir dismissal requested is of spearied parties only of speatied causes of action i)efendant/Respondent 3. TO THE CLERK: Consent to the above dismissal is hereby given.** Date: ~ (TYPE OR PRINT NAME OF ATTORNEY ~ PARTY WITHOUTATTORNEY) (SIGNATURE) Ifa cross-complaint-or Response seeking (Family Law) affirmative relief — is on file, the attorney for cross-complainant (respondent) must or (I). Plaintiff/Petitioner sign this consent if required by Code af Civil Procedure section 531 (i) Cross-Complainant ~ Attorney or party without attorney for: Defendant/Respondent 4. ~ (To be comp/cled by clerk) X Dismissal entered as requested on (date) 10/08/2019 6 6. ~ ~ Dismissal entered on (date): as to only (name); Dismissal not entered as requested for the following reasons (specify): M 7. a. b. ~ Attorney or party without attorney notified on (dale): ~ Attorney or party without attorney not notified. Filing party failed to provide M a copy to be conformed means to return conformed copy Clerk, by /s/ Maxwell Cameron Deputy Date: 10/08/2019 , PageI of 2 Form Adopted for Mandatory Ube IProcedure, 6 531 el ben, Code of Civ Judiaal Ccunal of California REQUEST FOR DISMISSAL Gov Code, 0 5353T(c), Cal Rules of Court, mle 31330 eww aibifb ca gbv CIV-110 IRev Jen I, 20'13) CIV-110 PLAINTIFF/PETITIONER: Edith Gaffney, Shana Wendrow, and David CASE NUMSER: DEFENDANT/RESPONDENT; 18PRO00355 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, g 68637.) Declaration Concerning Waived Court Fees 1. The court waived court fees and costs in this action for (name)i 2. The person named in item 1 is (check one below): a C7 not recovering anything of value by this action. M 3.M b c. ~All recovering less than $ 10,000 in value by this action. court fees and court costs that were waived in 2cis checked, item 3 must be completed) recovering $ 10,000 or more in value by this action. (((item this action have been paid to the court (check one):C] Yes H No Ideclare 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 OP ATTORNEY ~ PARTY MAKING DECLARATION) (EIGNATUREI cfl/-110 ines Januaiy I, 201st Page 2 of 2 REQUEST FOR DISMISSAL rexisryexise Automated California Judicial Council Forins Proof of Service I, M I Nakayama, declare that I am over the age of 18 years, a citizen of the United States and not a party of the within action. My business address is 630 North San Mateo Drive, San Mateo, California 94401. On October 8, 2019, I served a copy of the: REQUEST FOR DISMISSAL on the parties in said cause by placing a true and correct copy thereof for collection and mailing on the date and place shown below following our ordinary business practices. I am readily familiar with this business'ractice 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 10 with the United States postal service in a sealed envelope with postage fully prepaid, addressed as follows; 12 John D. Minton Anderson Yazdi Hwang Minton+ Horn 13 350 Primrose Rd. Burlingame CA 94010 14 15 I declare under penalty of perjury under the laws of the State of California that the foregoing 16 is true and correct. 17 Date: October 8, 2019 MJN ayama 19 Place mailed: San Mateo CA 20 21 22 23 24 25 26 27 28