On August 31, 2018 a
Request,Application
was filed
involving a dispute between
Capital One Bank,
and
Gilbert R Valencia,
for Collections Rule 3.740 Limited (09) - under 10,000
in the District Court of Santa Clara County.
Preview
CIV-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
Hunt & Henriques, Attorneys at Law FOR COURT USE ONLY
Michael S. Hunt #99804 | Janalie Henriques #111589 | Donald Sherrill #266038
151 Bernal Road Suite 8, San José CA 95119-1306
TELEPHONE NO.; 408-362-2270 FAX NO. (Optional) 408-362-2299
E-MAIL ADDRESS (Optional): info@hunthenriques.com
ATTORNEY FOR (Name): Plaintiff
|UPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
STREET ADDRESS: 191 North First Street
MAILING ADDRESS.
CITY AND ZIP CODE: San Jose CA 95113
BRANCH NAME: Downtown Superior Court
PLAINTIFF/PETITIONER: Capital One Bank (USA), N.A
DEFENDANT/RESPONDENT: GILBERT R VALENCIA
REQUEST FOR DISMISSAL CASE NUMBER: 18CV334245
Aconformed 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 ina
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):*
2. (Complete in all ca: xcept family law cases.)
The court L_] di 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 foi rm must be completed).
Date: November 10, 2020 =
Donald Sherrill #266038 SS
(TYPE OR PRINT NAME OF attorney [~_] PARTY WITHOUT ATTORNEY) (SIGNATURE)
“If dismissal requested is of specified parties only of specified causes of action Attorney or’party without attorney for:
only, oF of specified cross-complaints only, so state and identify the parties, Plaintiff/Petitioner Lj Defendant/Respondent
causes 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 arToRNeY [__] PARTY WITHOUT ATTORNEY) {SIGNATURE}
“If a cross-complaint - or Response (Family Law) seeking affirmative Attorney or party without attorney for:
relief — is on file, the attorney for cross-complaint (respondent) must
sign this consent if required by Code of Civil Procedure section 581 (i) (_] Piaintiff/Petitioner (] Defendant/Respondent
or {__] Cross-Complainant
(To be completed by clerk)
4. [__] Dismissal entered as requested on (date):
5 [__] Dismissal entered on (date): as to only (name):
6. [_] Dismissal not entered as requested for the following reasons (specify):
7. al Attorney or party without attorney notified on (date):
b. [_] Attorney or party without attorney not notified. Filing party failed to provide
a copy to be conformed means to return conformed copy
Date
Clerk, by , Deputy
Page 1 of 2
Form Adopted for Mandatory use ;- Code of Givil Procedure. § 581 et seq
“HUMANE
Judicial Council of California v Code, § 68637(c); Cal, Rules of Cour, rule 3.1390
CIV-110 [Rev. Jan 1. 2013}
DbDOOO2CT ii www. courts ca.gov
1283644.001
CIV-110
PLAINTIFF/PETITIONER: Capital One Bank (USA), N.A. CASE NUMBER:
DEFENDANT/RESPONDENT: GILBERT R VALENCIA 18CV334245
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
4 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. (/f 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
| 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)
a
CIV-110 [Rev January1, 2013) REQUEST FOR DISMISSAL Page 2 af 2
Opo002cT 1283644 001
Document Filed Date
November 16, 2020
Case Filing Date
August 31, 2018
Category
Collections Rule 3.740 Limited (09) - under 10,000
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CIV-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Hunt & Henriques, Attorneys at Law FOR COURT USE ONLY Michael S. Hunt #99804 | Janalie Henriques #111589 | Donald Sherrill #266038 151 Bernal Road Suite 8, San José CA 95119-1306 TELEPHONE NO.; 408-362-2270 FAX NO. (Optional) 408-362-2299 E-MAIL ADDRESS (Optional): info@hunthenriques.com ATTORNEY FOR (Name): Plaintiff |UPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 North First Street MAILING ADDRESS. CITY AND ZIP CODE: San Jose CA 95113 BRANCH NAME: Downtown Superior Court PLAINTIFF/PETITIONER: Capital One Bank (USA), N.A DEFENDANT/RESPONDENT: GILBERT R VALENCIA REQUEST FOR DISMISSAL CASE NUMBER: 18CV334245 Aconformed 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 ina 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):* 2. (Complete in all ca: xcept family law cases.) The court L_] di 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 foi rm must be completed). Date: November 10, 2020 = Donald Sherrill #266038 SS (TYPE OR PRINT NAME OF attorney [~_] PARTY WITHOUT ATTORNEY) (SIGNATURE) “If dismissal requested is of specified parties only of specified causes of action Attorney or’party without attorney for: only, oF of specified cross-complaints only, so state and identify the parties, Plaintiff/Petitioner Lj Defendant/Respondent causes 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 arToRNeY [__] PARTY WITHOUT ATTORNEY) {SIGNATURE} “If a cross-complaint - or Response (Family Law) seeking affirmative Attorney or party without attorney for: relief — is on file, the attorney for cross-complaint (respondent) must sign this consent if required by Code of Civil Procedure section 581 (i) (_] Piaintiff/Petitioner (] Defendant/Respondent or {__] Cross-Complainant (To be completed by clerk) 4. [__] Dismissal entered as requested on (date): 5 [__] Dismissal entered on (date): as to only (name): 6. [_] Dismissal not entered as requested for the following reasons (specify): 7. al Attorney or party without attorney notified on (date): b. [_] Attorney or party without attorney not notified. Filing party failed to provide a copy to be conformed means to return conformed copy Date Clerk, by , Deputy Page 1 of 2 Form Adopted for Mandatory use ;- Code of Givil Procedure. § 581 et seq “HUMANE Judicial Council of California v Code, § 68637(c); Cal, Rules of Cour, rule 3.1390 CIV-110 [Rev. Jan 1. 2013} DbDOOO2CT ii www. courts ca.gov 1283644.001 CIV-110 PLAINTIFF/PETITIONER: Capital One Bank (USA), N.A. CASE NUMBER: DEFENDANT/RESPONDENT: GILBERT R VALENCIA 18CV334245 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 4 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. (/f 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 | 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) a CIV-110 [Rev January1, 2013) REQUEST FOR DISMISSAL Page 2 af 2 Opo002cT 1283644 001