On December 13, 2019 a
Judgment
was filed
involving a dispute between
Thunderbolt Wood Treating Co Inc,
and
Wholesale Equipment Of Fresno Inc,
for Breach of Contract/Warranty: Unlimited
in the District Court of Stanislaus County.
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CIV-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
Anthony L. Vignolo #203933 / Jennifer L. Williams #261037
Downey Brand LLP
3425 Brookside Road, Suite A Electronically Filed
Stockton, CA 95219 2/2/2021 3:17 PM
TELEPHONE NO.: (209) 473-6450 FAX NO. (Optional): (209) 473-6455 Superior Court of California
avignolo@downeybrand.com; jwilliams@downeybrand.com
E-MAIL ADDRESS (Optional): County of Stanislaus
ATTORNEY FOR (Name):Plaintiff Thunderbolt Wood Treating Co., Inc. Clerk of the Court
SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS By: Angela Morales, Deputy
STREET ADDRESS: 801 10th Street, 4th Floor
MAILING ADDRESS:
Modesto, CA
CITY AND ZIP CODE: 95354-2356
BRANCH NAME:
PLAINTIFF/PETITIONER: THUNDERBOLT WOOD TREATING CO., INC.
DEFENDANT/RESPONDENT: WHOLESALE EQUIPMENT OF FRESNO, INC., et al.
REQUEST FOR DISMISSAL CASE NUMBER:CV-19-007470
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.)
1. TO THE CLERK: Please dismiss this action as follows:
a. (1) With prejudice (2) Without prejudice
b. (1) Complaint (2) Petition
(3) Cross-complaint filed by (name): on (date):
(4) Cross-complaint filed by (name): on (date):
(5) Entire action of all parties and all causes of action
(6) Other (specify):* 10th Cause of Action (Intentional Interference with Contractual Relations) and 11th
Cause of Action (Intentional Interference with Prospective Economic Relations) ONLY
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 may be obtained from
the clerk. If court fees and costs were waived, the declaration on the back of this form must be completed).
Date: 02/02/2021
Jennifer L. Williams
(TYPE OR PRINT NAME OF ATTORNEY PARTY WITHOUT ATTORNEY) (SIGNATURE)
Attorney or party without attorney for:
*If dismissal requested is of specified parties only of specified causes of action
only, or of specified cross-complaints only, so state and identify the parties, causes
Plaintiff/Petitioner Defendant/Respondent
of action, or cross-complaints to be dismissed.
Cross–Complainant
3. TO THE CLERK: Consent to the above dismissal is hereby given.**
Date:
(TYPE OR PRINT NAME OF ATTORNEY PARTY WITHOUT ATTORNEY) (SIGNATURE)
Attorney or party without attorney for:
** If a cross-complaint – or Response (Family Law) seeking affirmative
relief – is on file, the attorney for cross-complainant (respondent) must
Plaintiff/Petitioner
sign this consent if required by Code of Civil Procedure section 581 (i) or Defendant/Respondent
(j).
Cross–Complainant
(To be completed by clerk)
4. Dismissal entered as requested on (date):
10th Cause of Action (Intentional Interference with Contractual
5 X Dismissal entered on (date):2/2/2021 3:17 PM as to only (name):
Relations) and 11th Cause of Action (Intentional Interfernce with Prospective
6. Dismissal not entered as requested for the following reasons (specify):
Economic Relations) ONLY
7. a. X Attorney or party without attorney notified on (date): 2/5/2021
b. Attorney or party without attorney not notified. Filing party failed to provide
a copy to be conformed means to return conformed copy
Date: 2/2/2021 3:17 PM Clerk, by Angela Morales , Deputy
Page 1 of 2
Form Adopted for Mandatory Use Code of Civil Procedure, § 581 et seq.;
Judicial Council of California REQUEST FOR DISMISSAL Gov. Code, § 68637(c); Cal. Rules of Court, rule 3.1390
CIV-110 [Rev. Jan. 1, 2013] www.courts.ca.gov
CIV-110
PLAINTIFF/PETITIONER: THUNDERBOLT WOOD TREATING CO., INC. CASE NUMBER:
DEFENDANT/RESPONDENT: WHOLESALE EQUIPMENT OF FRESNO, INC. CV-19-007470
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
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. not recovering anything of value by this action.
b. recovering less than $10,000 in value by this action.
c. recovering $10,000 or more in value by this action. (If item 2c is checked, item 3 must be completed.)
3. All court fees and court costs that were waived in this action have been paid to the court (check one): Yes No
I declare 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 OF ATTORNEY PARTY MAKING DECLARATION) (SIGNATURE)
1693103v1 CIV-110 [Rev. January 1, 2013] REQUEST FOR DISMISSAL Page 2 of 2
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Document Filed Date
February 02, 2021
Case Filing Date
December 13, 2019
Category
Breach of Contract/Warranty: Unlimited
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CIV-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Anthony L. Vignolo #203933 / Jennifer L. Williams #261037 Downey Brand LLP 3425 Brookside Road, Suite A Electronically Filed Stockton, CA 95219 2/2/2021 3:17 PM TELEPHONE NO.: (209) 473-6450 FAX NO. (Optional): (209) 473-6455 Superior Court of California avignolo@downeybrand.com; jwilliams@downeybrand.com E-MAIL ADDRESS (Optional): County of Stanislaus ATTORNEY FOR (Name):Plaintiff Thunderbolt Wood Treating Co., Inc. Clerk of the Court SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS By: Angela Morales, Deputy STREET ADDRESS: 801 10th Street, 4th Floor MAILING ADDRESS: Modesto, CA CITY AND ZIP CODE: 95354-2356 BRANCH NAME: PLAINTIFF/PETITIONER: THUNDERBOLT WOOD TREATING CO., INC. DEFENDANT/RESPONDENT: WHOLESALE EQUIPMENT OF FRESNO, INC., et al. REQUEST FOR DISMISSAL CASE NUMBER:CV-19-007470 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.) 1. TO THE CLERK: Please dismiss this action as follows: a. (1) With prejudice (2) Without prejudice b. (1) Complaint (2) Petition (3) Cross-complaint filed by (name): on (date): (4) Cross-complaint filed by (name): on (date): (5) Entire action of all parties and all causes of action (6) Other (specify):* 10th Cause of Action (Intentional Interference with Contractual Relations) and 11th Cause of Action (Intentional Interference with Prospective Economic Relations) ONLY 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 may be obtained from the clerk. If court fees and costs were waived, the declaration on the back of this form must be completed). Date: 02/02/2021 Jennifer L. Williams (TYPE OR PRINT NAME OF ATTORNEY PARTY WITHOUT ATTORNEY) (SIGNATURE) Attorney or party without attorney for: *If dismissal requested is of specified parties only of specified causes of action only, or of specified cross-complaints only, so state and identify the parties, causes Plaintiff/Petitioner Defendant/Respondent of action, or cross-complaints to be dismissed. Cross–Complainant 3. TO THE CLERK: Consent to the above dismissal is hereby given.** Date: (TYPE OR PRINT NAME OF ATTORNEY PARTY WITHOUT ATTORNEY) (SIGNATURE) Attorney or party without attorney for: ** If a cross-complaint – or Response (Family Law) seeking affirmative relief – is on file, the attorney for cross-complainant (respondent) must Plaintiff/Petitioner sign this consent if required by Code of Civil Procedure section 581 (i) or Defendant/Respondent (j). Cross–Complainant (To be completed by clerk) 4. Dismissal entered as requested on (date): 10th Cause of Action (Intentional Interference with Contractual 5 X Dismissal entered on (date):2/2/2021 3:17 PM as to only (name): Relations) and 11th Cause of Action (Intentional Interfernce with Prospective 6. Dismissal not entered as requested for the following reasons (specify): Economic Relations) ONLY 7. a. X Attorney or party without attorney notified on (date): 2/5/2021 b. Attorney or party without attorney not notified. Filing party failed to provide a copy to be conformed means to return conformed copy Date: 2/2/2021 3:17 PM Clerk, by Angela Morales , Deputy Page 1 of 2 Form Adopted for Mandatory Use Code of Civil Procedure, § 581 et seq.; Judicial Council of California REQUEST FOR DISMISSAL Gov. Code, § 68637(c); Cal. Rules of Court, rule 3.1390 CIV-110 [Rev. Jan. 1, 2013] www.courts.ca.gov CIV-110 PLAINTIFF/PETITIONER: THUNDERBOLT WOOD TREATING CO., INC. CASE NUMBER: DEFENDANT/RESPONDENT: WHOLESALE EQUIPMENT OF FRESNO, INC. CV-19-007470 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 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. not recovering anything of value by this action. b. recovering less than $10,000 in value by this action. c. recovering $10,000 or more in value by this action. (If item 2c is checked, item 3 must be completed.) 3. All court fees and court costs that were waived in this action have been paid to the court (check one): Yes No I declare 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 OF ATTORNEY PARTY MAKING DECLARATION) (SIGNATURE) 1693103v1 CIV-110 [Rev. January 1, 2013] REQUEST FOR DISMISSAL Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com