On June 03, 2020 a
Judgment
was filed
involving a dispute between
Arata, Laura,
Peninsula Open Space Trust,
and
Arata, Laura,
Arata, Louis J.,
Arata, Marie Joanne,
Does 1-20,
John And Grace Arata 2004 Trust,
Mcnabb, Ernest J.,
Redwood Trust Deed Services, Inc., A California Corporation,
for (26) Unlimited Other Real Property
in the District Court of San Mateo County.
Preview
CIV-1 1 0
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
Gary P. Dambacher, Esq. SBN30921 41 FOR COURTUSEONLY
Dambacher, Trujillo & Russell, APLC
32 N. Washington Street, Sonora, CA 95370
TELEPHONE”01209) 533-1 383 (209) 533.3844
FAX No. (optionao;
E-MAIL ADDRESS (Optional).-
ATTORNEY
FOR(NameJICross-Complainant David Duncan, Suc. Trustee Emmy-null?
SUPERIOR COURT OF CALIFORNIA, COUNTY 0F SAN MATEOv
by iumr Cw” cam an“ Mm
400 County Center
I
STREET ADDRESS: -
o” 6/9/2021
400 County Center
MAILING ADDRESS:
cm ANDzlpcooE;
BRANCH NAME:
Redwood City, California 94063
WWW:—
PLAINTIFF/PETITIONER: Peninsula Open Space Trust
DEFENDANT/RESPONDENT: Redwood Trust Deed Services Inc.; et al.
REQUEST FOR DISMISSAL CASE NUMBER:20-CIV—02349
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) Wth prejudice (2) E V\thout prejudice
b.(1) D Complaint (2) E Petition
(3) E Cross-complaint filed by (name): Laura Arata, Trustee of the on (date):July 24, 2020
(4)E Cross-complaint filed by (name):
John and Grace Arata 2°04 Tm“ on (date):
E
E
(5) Entire action of all parties and all causes
of action
.* AS to Ernest J. McNabb,
individually and as Trustee of the Ernest J. McNabb Revocable Living
-
(6) Other (spec’fy)
Trust Dated 11/19/1990 ONLY. Both Panies waive costs and attorneys' fees against one another.
2. (Complete in all cases except family law cases.)
The court E did E did not waive court fees and costs for a party in's case. (This information may be obtained from
the clerk. lf crt fees and costs were waived, the declaration on the ba is form must
" be completed).
Date;June
‘
’ 2021 <
Da ha her, T ussell, APLC
P. Dambacher
E
"
Gary . ..
[j
_
(TYPE 0R PRINT NAME 0F ATTORNEY PARTY WITHOUT ATTORNEY) .. -
Attorney or party WithOUt attorney for:
dismissal requested is of Specified parties only of specified causes of action
*If
only, or of spectfied
causes
cross—com IaIntS so
only. stateand
of action, or cross-comp aintS to be dismissed. E
identify the parties. Plaintiff/Petitioner E Defendant/Respondent
E Cross-Complainant
3.TO THE CLERK: Consent to the above dismissal is hereby given.”
Date:
E
(TYPE OR PRINT NAME 0F ATTORNEY E PARTY WITHOUT ATTORNEY) (SIGNATURE)
**
If across-complaint—or
Response seeking
(Family Law) affirmative Attorney party Without attorney
Ol’ fOI'I
the attorney for cross-complainant (respondent) must
relief — is on le,
E]
sign this consent it required by Code or Civil Procedure section 531 (i)
. . ..
PIaIntIff/Petitloner E Defendant/Respondent
°r (D'
E Cross—Complainant
(To be completed by clerk)
4.E Dismissal entered as requested on (date):
5 EX Dismissal entered on (date): 6/9/2021 as to only (name): Ernest J. McNabb. individually and
6. D Dismissal not entered as requested for the following reasons (specify): as Trustee of the
Revocable Living
Ernest J.
Trust Dated
McNabb
1 1/1 9/1 990
7. a. E Attorney or party without attorney notified on (date):
b. E Attorney or party without attorney not notified.
Filing party failed to provide
E a copy to be conformed E means to return conformed copy
Date: 6/9/2021 Neal I. Taniguchi Clerk, by /s/ Marcela Enriquez ,Deputy
Page1of 2
Form Adopted for Mandatory Use ‘‘
REQUEST FOR DISMISSAL
-
Judicial Council of CaIiromta Gov. Code. § sssscg‘zgffcgivllaigsczgucroeug
éreiiggd
ClV-1 1 0 [Rev. Jan.
1. 201 3]
www.courtscagov
Wasted nat- & Farm Riiilrinrv-
ClV-1 1O
PLAINTIFF/PETITIONER: Peninsula Open Space Trust CASE NUMBER:
DEFENDANT/RESPONDENT:Redwood Trust Deed Services, Inc.; et al. 20-ClV-02349
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 item1 is (check one below):
a. E not recovering anything of value by this action.
b. E recovering less than $10,000 in value by this action.
c. E recovering $10,000 or more in value by this action.(Ifitem 20 is checked, item 3 must be completed.)
3.E E
All court fees and court costs that were waived in this action have been paid to the court (check one): Yes E N0
|declare under penalty of perjury under the laws of the State of California that the information above is true and correct.
Date:
>
E
(TYPE 0R PRINT NAME 0F ATTORNEYE PARTY MAKING DECLARATION) (S'GNATURE)
ClV-11O [Rev January 1, 2013]
REQUEST FOR DISMISSAL Page 2 or 2
Document Filed Date
June 09, 2021
Case Filing Date
June 03, 2020
Category
(26) Unlimited Other Real Property
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CIV-1 1 0 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Gary P. Dambacher, Esq. SBN30921 41 FOR COURTUSEONLY Dambacher, Trujillo & Russell, APLC 32 N. Washington Street, Sonora, CA 95370 TELEPHONE”01209) 533-1 383 (209) 533.3844 FAX No. (optionao; E-MAIL ADDRESS (Optional).- ATTORNEY FOR(NameJICross-Complainant David Duncan, Suc. Trustee Emmy-null? SUPERIOR COURT OF CALIFORNIA, COUNTY 0F SAN MATEOv by iumr Cw” cam an“ Mm 400 County Center I STREET ADDRESS: - o” 6/9/2021 400 County Center MAILING ADDRESS: cm ANDzlpcooE; BRANCH NAME: Redwood City, California 94063 WWW:— PLAINTIFF/PETITIONER: Peninsula Open Space Trust DEFENDANT/RESPONDENT: Redwood Trust Deed Services Inc.; et al. REQUEST FOR DISMISSAL CASE NUMBER:20-CIV—02349 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) Wth prejudice (2) E V\thout prejudice b.(1) D Complaint (2) E Petition (3) E Cross-complaint filed by (name): Laura Arata, Trustee of the on (date):July 24, 2020 (4)E Cross-complaint filed by (name): John and Grace Arata 2°04 Tm“ on (date): E E (5) Entire action of all parties and all causes of action .* AS to Ernest J. McNabb, individually and as Trustee of the Ernest J. McNabb Revocable Living - (6) Other (spec’fy) Trust Dated 11/19/1990 ONLY. Both Panies waive costs and attorneys' fees against one another. 2. (Complete in all cases except family law cases.) The court E did E did not waive court fees and costs for a party in's case. (This information may be obtained from the clerk. lf crt fees and costs were waived, the declaration on the ba is form must " be completed). Date;June ‘ ’ 2021 < Da ha her, T ussell, APLC P. Dambacher E " Gary . .. [j _ (TYPE 0R PRINT NAME 0F ATTORNEY PARTY WITHOUT ATTORNEY) .. - Attorney or party WithOUt attorney for: dismissal requested is of Specified parties only of specified causes of action *If only, or of spectfied causes cross—com IaIntS so only. stateand of action, or cross-comp aintS to be dismissed. E identify the parties. Plaintiff/Petitioner E Defendant/Respondent E Cross-Complainant 3.TO THE CLERK: Consent to the above dismissal is hereby given.” Date: E (TYPE OR PRINT NAME 0F ATTORNEY E PARTY WITHOUT ATTORNEY) (SIGNATURE) ** If across-complaint—or Response seeking (Family Law) affirmative Attorney party Without attorney Ol’ fOI'I the attorney for cross-complainant (respondent) must relief — is on le, E] sign this consent it required by Code or Civil Procedure section 531 (i) . . .. PIaIntIff/Petitloner E Defendant/Respondent °r (D' E Cross—Complainant (To be completed by clerk) 4.E Dismissal entered as requested on (date): 5 EX Dismissal entered on (date): 6/9/2021 as to only (name): Ernest J. McNabb. individually and 6. D Dismissal not entered as requested for the following reasons (specify): as Trustee of the Revocable Living Ernest J. Trust Dated McNabb 1 1/1 9/1 990 7. a. E Attorney or party without attorney notified on (date): b. E Attorney or party without attorney not notified. Filing party failed to provide E a copy to be conformed E means to return conformed copy Date: 6/9/2021 Neal I. Taniguchi Clerk, by /s/ Marcela Enriquez ,Deputy Page1of 2 Form Adopted for Mandatory Use ‘‘ REQUEST FOR DISMISSAL - Judicial Council of CaIiromta Gov. Code. § sssscg‘zgffcgivllaigsczgucroeug éreiiggd ClV-1 1 0 [Rev. Jan. 1. 201 3] www.courtscagov Wasted nat- & Farm Riiilrinrv- ClV-1 1O PLAINTIFF/PETITIONER: Peninsula Open Space Trust CASE NUMBER: DEFENDANT/RESPONDENT:Redwood Trust Deed Services, Inc.; et al. 20-ClV-02349 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 item1 is (check one below): a. E not recovering anything of value by this action. b. E recovering less than $10,000 in value by this action. c. E recovering $10,000 or more in value by this action.(Ifitem 20 is checked, item 3 must be completed.) 3.E E All court fees and court costs that were waived in this action have been paid to the court (check one): Yes E N0 |declare under penalty of perjury under the laws of the State of California that the information above is true and correct. Date: > E (TYPE 0R PRINT NAME 0F ATTORNEYE PARTY MAKING DECLARATION) (S'GNATURE) ClV-11O [Rev January 1, 2013] REQUEST FOR DISMISSAL Page 2 or 2