On March 28, 2019 a
Clerk Notice
was filed
involving a dispute between
Portfolio Recovery Associates, Llc,
and
Garcia, Layne,
for 09 Limited - Rule 3.740 Collections Reduced Fee
in the District Court of Fresno County.
Preview
CIV-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Ndumd
Slhlh Sa
cumber, a hd add hdd)
Hunt & Hennques, Attorneys at Law IOP COURT USF ONI 7
151 San Jose CA 95119-1306
Berne( Road Suite 8,
TELEPHONE NO 408-362-2270 (opflcllhe408-362-2299
Flhx No
E-MAIL ADDRESS infc@hunthenrlques Cdm
(Oplchhi)
ATTORNEY FOR(Name) Plaintif
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
smEET AoDREss 1130 0 Street
MAILING ADDRESS
coDE
GITY AND 2)P Fresno CA 93721
BRANcH NAME B F SlskCourthouse RECEIVED via E-File
PLAINTIFF/PETITIONER PORTFOLIO RECOVERY ASSOCIATES, LLC 7/10/2019 11:27 AM
FRESNO COUNTY SUPERIOR COURT
DEFENDANT/RESPONDENT LAYNE GARCIA By: J. Xiong, Deputy
REQUEST FOR DISMISSAL GAsE NUMBER 19CECL03130
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.
~
TO THE CLERK
1
a (1)
~
b. (1) ~X
With prejudice
Complaint
(2)
(2) ~
~X Without prejudice
Petition
Crass-complaint filed by (name).
(3)
(4)
(5)
~
M
Cross-complaint filed by (name).
Entire action of all parties and all causes of action
on (date):
on (date)
(6) ~X Other (specify) * Pursuant to CCP 664 6 the Court retains jurisdiction to re-open and enter iudgment
2
The court
th Id
~ d.7
(Comp/e/e rn all
rl
cases except family law cases.)
did ~X
dr
did not waive court fees and costs for a party in this case.
d.th d I h
hh+hhmu~~b
(This information may be obtained from
hhldl
Date July 9, 2019
JosicSue Zimmermenn SDN 324511
is
~X
(TYPE OR PRINT NAME OF
'tf dismissal requested
ATTORNEY
ot speofied
~
paniesonly
PllRTY WITHOUT ATTORNEY)
/
Atlo(I)ey 0
of speofied causes of action party wlthou
(SIGNATURE)
alton)ey fo)"
orofspeofied
only, cross-complaints So
only, state
and the
identify
causes of action, or cross-complaints to be dismissed
parties,
X P intiff/Petitioner M Defendant/Respondent
Cross- Complainant
3 TO THE CLERK: Consent to the above dismissal is hereby given **
Date.
(TYPE OR PRINT NAMf
lfa
OF
cross-comp(am(
—
~
or
ATTORNEY
Response
~ I'ARTY WITHOUT ATTORNEY)
seekmg
(Family Law) affirmative
(SIGNATURE)
Attorney or party without attorney for
relief — the attorney for cross-complamt
is on file, (respondent)
must
sign this consent if required by code of civi)Procedure section 561 (i)
oi'J)
Plaintiff/Petitioner C] Defendant/Respondent
Cross- Complainant
4. ~
(To be comp/e/ed by clerk)
Dismissal entered as requested on (dale)
5 ~ Dismissal entered on (date) as to only (name)
6 M Dismissal not entered as requested for the following reasons (specify)
M
7 a
b ~ Attorney or party w(thout attorney notified on (date)
Attorney or party withoutattorney not notified
C] a copy to be conformed C]
Fihng party fa)led to provide
means to return conformed copy
Date Clerk, by ,Deputy
Form Adopted for Mandaicry Phoh I uf 2
c
Jdioal Ccunul of Califcrh a REQUEST FOR DISMISSAL Gc
Ccd ofCiIPrcchdu . 5 567 hl heq,
code 566637(c) cul Rules cfccui
CIV lie(ReJahI 2OI3) rulh31330
ww ccudd ca qcv
*1314Q27.QQ1* 131JI027 001
CIV-110
PLAINTIFF/PETITIONER PORTFOLIO RECOVERY ASSOCIATES LLC
CASE NUMBER
r DEFENDANT/RESPONDENT LAYNE GARCIA 19CECL03130
COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS
a party whose court fees and costs were initially waived has recovered or will recover $ 10,000 or
If
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, ts 68637.)
Declaration Concerning Waived Court Fees
1 The court waived court fees and costs inthis action for (name).
2
a ~
The person named in item 1
~
is (check one below)
not recovering anything of value by this action
~
b.
c ~ recovering less than $ 10,000 In value by this action
recovenng $ 10,000 or more in value by this action. ((litem 2c is checked, item 3 mustbe completed.)
3 All ~
court fees and court costs that were waived in this action have been paid to the court (check one): Yes ~ No
Ideclare under penalty of perjury under the laws of the State of California that the information above is true and correct
Date
~
ITYPF OR PRINT NAME OF ATTORNEY ~ PARTY MAKING OECLARATION) (SIGNAI ORF)
clv110IRev Jao
a YI20131
REQUEST FOR DISMISSAL Page 2 of
2
1314027 001
Document Filed Date
July 10, 2019
Case Filing Date
March 28, 2019
Category
09 Limited - Rule 3.740 Collections Reduced Fee
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CIV-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Ndumd Slhlh Sa cumber, a hd add hdd) Hunt & Hennques, Attorneys at Law IOP COURT USF ONI 7 151 San Jose CA 95119-1306 Berne( Road Suite 8, TELEPHONE NO 408-362-2270 (opflcllhe408-362-2299 Flhx No E-MAIL ADDRESS infc@hunthenrlques Cdm (Oplchhi) ATTORNEY FOR(Name) Plaintif SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO smEET AoDREss 1130 0 Street MAILING ADDRESS coDE GITY AND 2)P Fresno CA 93721 BRANcH NAME B F SlskCourthouse RECEIVED via E-File PLAINTIFF/PETITIONER PORTFOLIO RECOVERY ASSOCIATES, LLC 7/10/2019 11:27 AM FRESNO COUNTY SUPERIOR COURT DEFENDANT/RESPONDENT LAYNE GARCIA By: J. Xiong, Deputy REQUEST FOR DISMISSAL GAsE NUMBER 19CECL03130 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. ~ TO THE CLERK 1 a (1) ~ b. (1) ~X With prejudice Complaint (2) (2) ~ ~X Without prejudice Petition Crass-complaint filed by (name). (3) (4) (5) ~ M Cross-complaint filed by (name). Entire action of all parties and all causes of action on (date): on (date) (6) ~X Other (specify) * Pursuant to CCP 664 6 the Court retains jurisdiction to re-open and enter iudgment 2 The court th Id ~ d.7 (Comp/e/e rn all rl cases except family law cases.) did ~X dr did not waive court fees and costs for a party in this case. d.th d I h hh+hhmu~~b (This information may be obtained from hhldl Date July 9, 2019 JosicSue Zimmermenn SDN 324511 is ~X (TYPE OR PRINT NAME OF 'tf dismissal requested ATTORNEY ot speofied ~ paniesonly PllRTY WITHOUT ATTORNEY) / Atlo(I)ey 0 of speofied causes of action party wlthou (SIGNATURE) alton)ey fo)" orofspeofied only, cross-complaints So only, state and the identify causes of action, or cross-complaints to be dismissed parties, X P intiff/Petitioner M Defendant/Respondent Cross- Complainant 3 TO THE CLERK: Consent to the above dismissal is hereby given ** Date. (TYPE OR PRINT NAMf lfa OF cross-comp(am( — ~ or ATTORNEY Response ~ I'ARTY WITHOUT ATTORNEY) seekmg (Family Law) affirmative (SIGNATURE) Attorney or party without attorney for relief — the attorney for cross-complamt is on file, (respondent) must sign this consent if required by code of civi)Procedure section 561 (i) oi'J) Plaintiff/Petitioner C] Defendant/Respondent Cross- Complainant 4. ~ (To be comp/e/ed by clerk) Dismissal entered as requested on (dale) 5 ~ Dismissal entered on (date) as to only (name) 6 M Dismissal not entered as requested for the following reasons (specify) M 7 a b ~ Attorney or party w(thout attorney notified on (date) Attorney or party withoutattorney not notified C] a copy to be conformed C] Fihng party fa)led to provide means to return conformed copy Date Clerk, by ,Deputy Form Adopted for Mandaicry Phoh I uf 2 c Jdioal Ccunul of Califcrh a REQUEST FOR DISMISSAL Gc Ccd ofCiIPrcchdu . 5 567 hl heq, code 566637(c) cul Rules cfccui CIV lie(ReJahI 2OI3) rulh31330 ww ccudd ca qcv *1314Q27.QQ1* 131JI027 001 CIV-110 PLAINTIFF/PETITIONER PORTFOLIO RECOVERY ASSOCIATES LLC CASE NUMBER r DEFENDANT/RESPONDENT LAYNE GARCIA 19CECL03130 COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS a party whose court fees and costs were initially waived has recovered or will recover $ 10,000 or If 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, ts 68637.) Declaration Concerning Waived Court Fees 1 The court waived court fees and costs inthis action for (name). 2 a ~ The person named in item 1 ~ is (check one below) not recovering anything of value by this action ~ b. c ~ recovering less than $ 10,000 In value by this action recovenng $ 10,000 or more in value by this action. ((litem 2c is checked, item 3 mustbe completed.) 3 All ~ court fees and court costs that were waived in this action have been paid to the court (check one): Yes ~ No Ideclare under penalty of perjury under the laws of the State of California that the information above is true and correct Date ~ ITYPF OR PRINT NAME OF ATTORNEY ~ PARTY MAKING OECLARATION) (SIGNAI ORF) clv110IRev Jao a YI20131 REQUEST FOR DISMISSAL Page 2 of 2 1314027 001