On June 12, 2019 a
Request,Application
was filed
involving a dispute between
Citibank, N.A.,
and
Lucatero, Julio C,
for 09 Limited - Rule 3.740 Collections Under $10,000
in the District Court of Fresno County.
Preview
CIV-110
ATTORNEY OR PARTY w(TIIOUT ATTORNEY (Name,
late Bar numbe, aadaddreae)
Hunt & Henriques, Attorneys at Law IUR COIJRI USI-
777'll 7
151 Berne) Road Suite 8, San Jose CA 95119-1306
TELEPHONE No 408-362-2270 FAX NO 408-362-2299
(Oabu rad
EMAi(rcanrSS(aaiarad infa@hunthenrtqueS COm
ATTORNEY FOR pvamei Plaintiff
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
sTREEi AooREss 1130 0 Street
MAILING A OGRESS
cn v ANC zin cour:
Fresno CA 93721
BRANGH NAME B F Sisk Courthouse
PLAINTIFF/PE1)TIDNER CITIBANK, N A
RECEIVED
7/17/2020 3:22 PM
DEFENDANT/RESPONDENT JUL(0 C LUCATERO FRESNO COUNTY SUPERIOR COURT
By: P.Hernandez, Deputy
REQUEST FOR DISMISSAL casrNLIMBEH 19CECL05694
A conformed copy will not
E
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 artion
in a
class action. (Cal. Rules of Court, rules 3.760 and 3.770.)
1 TO THE CLERK Please dismiss this action as fo)(ows
a. (1)I+ With prejudice (2) ~X Without pre)udice
b. (1) ~X Complaint (2) j Petition
(3)~J Cross-complaint filed by (name)
(4)
(5)
~
M
Cross-complaint filed by (name).
Entire action of all parties and all causes of action
on (date)
on (dale)
(6) ~X Other (spemly)'* Pursuant to CCP 664 6 the Court retains junsdiction to re-open and enter Fidgment
2. (Complete
The court
the c/eff(.
~
in all cases except family law cases )
did ~X drd not waive court fees and costs for a party in this case
/f court fees and costs were waived,
(Tins nl/onnation may be obtainerf liam
the dec/aration on the back of this formmust be comp/~ed)
Date. July 16, 2020 ...,,:..
(TYPF OR PRINT NAME OF
"If
dismissal raquestod
ia
~X AT ORNEY
I
of apouficd
~
ponios only
PARTY IMTHOUT ATTORNEY)
Attorn
of spa (fied uauauu u(auiiuii
(SICNATURf')
rty without attoii icy (ui
only,orofspaofied
cross-complaints so
only, state
and identi(y the
parties
causes of action, or cross-complaints to be dismissed MX Plaintiff/Petitioner I I Dr.fr,ndant/RPsf1nndent
Crass-Complainant
3. TO THE CLERK: Consent to the above dismissal is hereby given **
Date
Ifs
~
(TYPE OR PRINT NAME OF
cross-complaint — or
ATTORNEY
Response
~ PARTY INITHOUT ATTORNFY) (SIGNAI URFI
Attorney or party without attorney for
(Family
Lard)seekingsffirmatue
relief — the attorney for cross-complaint
is on file, (respondent)
must
sign this consent if required by Code of Civil Procedure section 551 (i)
Plaintiff/Petitioner
or 0) j J Defendant/Respondent
Cross-Complainant
4 ~
(To be completed by clerk)
Dismissai entered as requested on (date)
5 D Dismissal entered on (date): as to only (nalne)
6. M Dismissal not entered as requested for the follounng reasons (speci/y)
C3
7 a
b. ~ Attorney or party wtthout attorney notified on (dale)
Attorney or party without attorney not notified
C3 a copy to be confarmed M
Filing party failed to prowde
means to return conformed copy
Date: Clerk, by
Form Adapted for Mandatory uae PapeIaf2
J dioal Carrl of Cal fa na REQUEST FOR DISMISSAL
CIV110(Rey J I 2013)
*1337029.001* 1337029 001
CIV-110
PLAINTIFF/PETITIONER; CiTiBANK, N A
CASE NUMBER
DEFENDANT/RESPONDENT JULlo c LUOATERo 19CECL05694
!
COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS
Ifa 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 recoveryThe 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).
2. The person named in item 1 is (check one below).
a
b.
c.
~ j
not recovering anything of value by this action.
recovering less than $ 10,000 in value by this action
recovering $ 10,000 or moreinvalue by this action(lf item 2c Is checked, item 3 mus/ be cr&mli/e/ed )
~
i
3. M Allcourtfees and court costs that were waivedin this action have been (check one)
paid to the court Yes I ]
No
Ideclare under penalty of perjury under the laws of the State of Cali/ornia that the information above
istrue and con.ect
Date:
~
IIYPE OR PRINT NAME OF ATTORNEY i
PARTY MAKING OEGLARATIONi isiENMOIIE)
GIV110IRav J.Fary
I 2013/
REQUEST FOR DISli//ISSAL Pav 2212
1337029 001
Document Filed Date
July 17, 2020
Case Filing Date
June 12, 2019
Category
09 Limited - Rule 3.740 Collections Under $10,000
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Preview
CIV-110 ATTORNEY OR PARTY w(TIIOUT ATTORNEY (Name, late Bar numbe, aadaddreae) Hunt & Henriques, Attorneys at Law IUR COIJRI USI- 777'll 7 151 Berne) Road Suite 8, San Jose CA 95119-1306 TELEPHONE No 408-362-2270 FAX NO 408-362-2299 (Oabu rad EMAi(rcanrSS(aaiarad infa@hunthenrtqueS COm ATTORNEY FOR pvamei Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO sTREEi AooREss 1130 0 Street MAILING A OGRESS cn v ANC zin cour: Fresno CA 93721 BRANGH NAME B F Sisk Courthouse PLAINTIFF/PE1)TIDNER CITIBANK, N A RECEIVED 7/17/2020 3:22 PM DEFENDANT/RESPONDENT JUL(0 C LUCATERO FRESNO COUNTY SUPERIOR COURT By: P.Hernandez, Deputy REQUEST FOR DISMISSAL casrNLIMBEH 19CECL05694 A conformed copy will not E 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 artion in a class action. (Cal. Rules of Court, rules 3.760 and 3.770.) 1 TO THE CLERK Please dismiss this action as fo)(ows a. (1)I+ With prejudice (2) ~X Without pre)udice b. (1) ~X Complaint (2) j Petition (3)~J Cross-complaint filed by (name) (4) (5) ~ M Cross-complaint filed by (name). Entire action of all parties and all causes of action on (date) on (dale) (6) ~X Other (spemly)'* Pursuant to CCP 664 6 the Court retains junsdiction to re-open and enter Fidgment 2. (Complete The court the c/eff(. ~ in all cases except family law cases ) did ~X drd not waive court fees and costs for a party in this case /f court fees and costs were waived, (Tins nl/onnation may be obtainerf liam the dec/aration on the back of this formmust be comp/~ed) Date. July 16, 2020 ...,,:.. (TYPF OR PRINT NAME OF "If dismissal raquestod ia ~X AT ORNEY I of apouficd ~ ponios only PARTY IMTHOUT ATTORNEY) Attorn of spa (fied uauauu u(auiiuii (SICNATURf') rty without attoii icy (ui only,orofspaofied cross-complaints so only, state and identi(y the parties causes of action, or cross-complaints to be dismissed MX Plaintiff/Petitioner I I Dr.fr,ndant/RPsf1nndent Crass-Complainant 3. TO THE CLERK: Consent to the above dismissal is hereby given ** Date Ifs ~ (TYPE OR PRINT NAME OF cross-complaint — or ATTORNEY Response ~ PARTY INITHOUT ATTORNFY) (SIGNAI URFI Attorney or party without attorney for (Family Lard)seekingsffirmatue relief — the attorney for cross-complaint is on file, (respondent) must sign this consent if required by Code of Civil Procedure section 551 (i) Plaintiff/Petitioner or 0) j J Defendant/Respondent Cross-Complainant 4 ~ (To be completed by clerk) Dismissai entered as requested on (date) 5 D Dismissal entered on (date): as to only (nalne) 6. M Dismissal not entered as requested for the follounng reasons (speci/y) C3 7 a b. ~ Attorney or party wtthout attorney notified on (dale) Attorney or party without attorney not notified C3 a copy to be confarmed M Filing party failed to prowde means to return conformed copy Date: Clerk, by Form Adapted for Mandatory uae PapeIaf2 J dioal Carrl of Cal fa na REQUEST FOR DISMISSAL CIV110(Rey J I 2013) *1337029.001* 1337029 001 CIV-110 PLAINTIFF/PETITIONER; CiTiBANK, N A CASE NUMBER DEFENDANT/RESPONDENT JULlo c LUOATERo 19CECL05694 ! COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS Ifa 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 recoveryThe 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). 2. The person named in item 1 is (check one below). a b. c. ~ j not recovering anything of value by this action. recovering less than $ 10,000 in value by this action recovering $ 10,000 or moreinvalue by this action(lf item 2c Is checked, item 3 mus/ be cr&mli/e/ed ) ~ i 3. M Allcourtfees and court costs that were waivedin this action have been (check one) paid to the court Yes I ] No Ideclare under penalty of perjury under the laws of the State of Cali/ornia that the information above istrue and con.ect Date: ~ IIYPE OR PRINT NAME OF ATTORNEY i PARTY MAKING OEGLARATIONi isiENMOIIE) GIV110IRav J.Fary I 2013/ REQUEST FOR DISli//ISSAL Pav 2212 1337029 001