On April 10, 2017 a
Request,Application
was filed
involving a dispute between
Shannon Gaines,
and
for Breach of Contract/Warranty Unlimited(06)
in the District Court of Santa Clara County.
Preview
17CV308393
Santa Clara — Civil I CIV-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): R. Nguyen
Daniel J. Mash (Bar # 12: FOR COURT USE ONLY
McPharlin Sprinkles & Thomas LLP
160 W. Santa Clara St., Ste, 625 San Jose, CA 95113 Electronically Filed
TELEPHONE NO: (408) 293-1901 0 FAX NO. (Optional)
E-MAIL ADDRESS (Optional: dmash@mstpartners.com by Superior Court of CA,
ATTORNEY FOR (Name): Plaintiff Shannon Gaines County of Santa Clara,
SUPERIOR COURT OF CALIFORNIA, COUNTY o—- SANTA CLARA ion 9/10/2021 8:29 AM
street appress: 191 North First Street Reviewed By: R. Nguyen
MAILING ADDRESS: Case #17CV308393
TY AND zip cove: San Jose 95113 Envelope: 7238442
BRANCH NAME:
PLAINTIFF/PETITIONER: Shannon Gaines
DEFENDANT/RESPONDENT: T. Miller Construction, Inc.
REQUEST FOR DISMISSAL CASE NUMBER: 17CV308393
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) (2)
With prejudice [_] 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 cases except family law cases.)
The court CL) 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: September 10, 2021 = I
Daniel J. Mash » fo
[
(TYPE OR PRINT NAME OF srrorney [_] PARTY withour ATTORNEY) [ (SIGNATURE)
“if dismissal requested is of specified parties only of specified causes of action Attorney or party without attorney for:
only, or of specified cross-complaints ‘only, so state and identify the parties, Plaintiff/Petitioner [_] Defendant/Respondent
causes of action, or cross-complaints to be dismissed.
[am] 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)
* If a cross-complaint—or Response (Family Law) seeking affirmative Attorney or party without attorney for:
relief — is on file, the attorney for cross-complainant (respondent) must
sign this consent if required by Code of Civil Procedure section 581 (i) [] Plaintiff/Petitioner [] Defendant/Respondent
or (i). [1 Cross-Complainant
(To be completed by clerk)
Dismissal entered as requested on (date): 9/10/2021 8:29 AM
5 [__] Dismissal entered on (date): as to only (name):
6. [__] Dismissal not entered as requested for the following reasons (specify):
7. a. KJ Attorney or party without attorney notified on (date): 9/10/2021 8:29 AM
b. [__] Attorney or party without attorney not notified. Filing party failed to provide
a copy to be conformed [__] means to return conformed copy
Clerk, by
R. Nguyen
Date: 9/10/2021 8:29 AM , Deputy
Page 1 of2
Form Adopted for Mandatory Use ‘ode 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
LexisNexis® Automated California Judicial Council Forms
CIV-110
PLAINTIFF/PETITIONER: Shannon Gaines CASE NUMBER:
DEFENDANT/RESPONDENT: T. Miller Construction, Inc. 17CV308393
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
| 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)
ClV-110 [Rev. January 1, 2013] REQUEST FOR DISMISSAL Page 2 of 2
LexisNexis® Automated California Judicial Council Forms
Document Filed Date
September 10, 2021
Case Filing Date
April 10, 2017
Category
Breach of Contract/Warranty Unlimited(06)
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17CV308393 Santa Clara — Civil I CIV-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): R. Nguyen Daniel J. Mash (Bar # 12: FOR COURT USE ONLY McPharlin Sprinkles & Thomas LLP 160 W. Santa Clara St., Ste, 625 San Jose, CA 95113 Electronically Filed TELEPHONE NO: (408) 293-1901 0 FAX NO. (Optional) E-MAIL ADDRESS (Optional: dmash@mstpartners.com by Superior Court of CA, ATTORNEY FOR (Name): Plaintiff Shannon Gaines County of Santa Clara, SUPERIOR COURT OF CALIFORNIA, COUNTY o—- SANTA CLARA ion 9/10/2021 8:29 AM street appress: 191 North First Street Reviewed By: R. Nguyen MAILING ADDRESS: Case #17CV308393 TY AND zip cove: San Jose 95113 Envelope: 7238442 BRANCH NAME: PLAINTIFF/PETITIONER: Shannon Gaines DEFENDANT/RESPONDENT: T. Miller Construction, Inc. REQUEST FOR DISMISSAL CASE NUMBER: 17CV308393 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) (2) With prejudice [_] 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 cases except family law cases.) The court CL) 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: September 10, 2021 = I Daniel J. Mash » fo [ (TYPE OR PRINT NAME OF srrorney [_] PARTY withour ATTORNEY) [ (SIGNATURE) “if dismissal requested is of specified parties only of specified causes of action Attorney or party without attorney for: only, or of specified cross-complaints ‘only, so state and identify the parties, Plaintiff/Petitioner [_] Defendant/Respondent causes of action, or cross-complaints to be dismissed. [am] 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) * If a cross-complaint—or Response (Family Law) seeking affirmative Attorney or party without attorney for: relief — is on file, the attorney for cross-complainant (respondent) must sign this consent if required by Code of Civil Procedure section 581 (i) [] Plaintiff/Petitioner [] Defendant/Respondent or (i). [1 Cross-Complainant (To be completed by clerk) Dismissal entered as requested on (date): 9/10/2021 8:29 AM 5 [__] Dismissal entered on (date): as to only (name): 6. [__] Dismissal not entered as requested for the following reasons (specify): 7. a. KJ Attorney or party without attorney notified on (date): 9/10/2021 8:29 AM b. [__] Attorney or party without attorney not notified. Filing party failed to provide a copy to be conformed [__] means to return conformed copy Clerk, by R. Nguyen Date: 9/10/2021 8:29 AM , Deputy Page 1 of2 Form Adopted for Mandatory Use ‘ode 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 LexisNexis® Automated California Judicial Council Forms CIV-110 PLAINTIFF/PETITIONER: Shannon Gaines CASE NUMBER: DEFENDANT/RESPONDENT: T. Miller Construction, Inc. 17CV308393 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 | 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) ClV-110 [Rev. January 1, 2013] REQUEST FOR DISMISSAL Page 2 of 2 LexisNexis® Automated California Judicial Council Forms