Preview
Clv-110
"ATTORNEY OR PARTY WITHOUT ATTORNEY
( @XSSN 202276) ):
Kathleen C. Miller FOR COURT
USE ONLY
755 Baywood Drive, Suite 185
Petaluma, CA 94954
TELEPHONE NO'797 789.6500 FAX NO, (Optional): 707.789.6520
E-MAIL ADDRESS (Optional): kathleen@pobrienlaw.com
ATTORNEY
FOR (Name): Nor-Cal Insulation Inc
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara
stREETappREss: 191 N. First Street
MAILING ADDRESS:
crryannzp cope: San Jose CA 95113
BRANCH NAME:
PLAINTIFF/PETITIONER: Shannon Gaines
DEFENDANT/RESPONDENT: T Miller Construction, Inc
REQUEST FOR DISMISSAL CASE NUMBER: 17C€V308393
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 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) [GE] With prejudice (2) [] Without prejudice
b. (1)[_] Complaint (2) [_] Petition
(3) [<] Cross-complaint
filed by (name): Nor-Cal Insulation, Inc on (date): 3/24/2020
(4) [_] Cross-compiaint filed by (name): ‘on (date):
(5)J Entire action of all parties and all causes of action
(6) x] Other (specify):* Each party to bear its own costs
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 c feted)
>
Date: August 30, 2021
ath lon.
Kathleen. C. Miller
(TYPE OR PRINT NAME OF [xx] ATTORNEY [[__] PARTY WITHOUT ATTORNEY) (SIGNATURE)
“1 dismisealal roquested Isis ofof spspecified parties onlyof specifi .d causes of action
and identify the parties,
Attorney or party without attorney for:
only, or of
ross-compatlaints
ses of action, or cross-oomp
onl
ints to be IY,Yismissed. (J Piaintitt/Petitioner Oo Defendant/Respondent
(1) 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 Attormey or party without attorney for:
relief— is on file, the attomey for cross-complainant (respondent) must [1 Plaintiff/Petitioner [1] Defendant/Respondent
sign this consent if required ‘Code of Civil Procedure section 581 (i)
or: (1 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):
7a) 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
Page1 of2
‘Adopted for Mandatory Use ‘Code of Givil Procedure, § 681 at
‘Judicial Counc! of Califomia REQUEST FOR DISMISSAL CEB Gov. Code, {§ 68637(c); Cal. Rules of Court, ru 3. 5385
1V-410 [Rev. Jan. 1, 2013] www.Courts.c2.gov
www.ceb.com
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.)
3.1] 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:
> (SIGNATURE)
(TYPE OR PRINT NAME OF [__] ATTORNEY [___] PARTY MAKING DECLARATION)
CIV-110 [Rev January 1, 2013] REQUEST FOR DISMISSAL CEB
www.ceb.com
Page
2 of 2
PROOF OF SERVICE
Gaines v. T Miller Construction, Inc.
Superior Court of California County of Santa Clara
Case No. 17CV308393
I, the undersigned, hereby declare thatI am over the age of 18 years and not a party to the
above-captioned action; that my business address is 755 Baywood Drive, Suite 185, Petaluma,
California, 94954.
On the date set forth below, the following document(s) were served:
NOR-CAL INSULATION, INC.’S REQUEST FOR DISMISSAL OF CROSS-
COMPLAINT
on the other parties to this action at the following address:
Daniel J. Mash Todd Fischer
McPharlin Sprinkles & Thomas, LLP Fischer Kerny, LLP
160 W Santa Clara St, Suite 400 2600 Garden Road, Suite 222
10 San Jose, CA 95113 Monterey, CA 93940
Main:(408) 293-1900 Main: (831) 372-9200
11
Attorneys for SHANNON GAINES Attorneys for T. MILLER
12 Plaintiff CONSTRUCTION, INC.
Defendant
13 Julie McElroy, Esq. Timothy J. McCaffery, Esq.
Jacobsen & McElroy PC McCAFFERY HOSKING LLP
14 2401 American River Drive, Suite 100
1777 Botelho Drive, Suite 360
Sacramento, CA 95825
Walnut Creek, CA 94596-5084
15 Main: (916) 971-4100
Attorneys for Bruce Mechanical, Inc. Main: (925) 705-7358
16 Cross-Defendant Attorneys for Brett Shelton Roofing
Cross-Defendant
17 Sally Williams Kevin P. Lee, Esq.
Sally williams Law Mokri Vanis & Jones, LLP
18 555 Soquel Avenue, Ste. 380 3620 American River Drive, Suite 218
Santa Cruz, CA 95062 Sacramento, CA 95864
19
Main: (831) 459-6096 Main: (925) 375-1851
20 Attorneys for Golden State Plastering Attorneys for Fernandez's Painting
Cross-Defendant Cross-Defendant
21 Mark J. Heisey Jonathan C. Bacon, Esq.
Burnam Brown MOKRI VANIS & JONES LLP
22
P.O. Box 119 3620 American River Drive, Suite 218
23 Oakland, CA 94604-0119 Sacramento, CA 95825
Main: (510) 444-6800 Main: (925) 471-8400
24 Attorneys for Southwest Door & Window Attorneys for Shelton Roofing
dba Portofino Glass Works Cross-Defendant
25
26
27
28
ae
PROOF OF SERVICE
Bradley A. Bening, Esq. Darrell V. Nguyen
Willoughby, Stuart, Bening & Cook TYSON & MENDES LLP
50 W. San Fernando Street, Suite 400 Jim E. Sell, Esq.
San Jose, CA 95113 Candice N. Hamant, Esq.
Darrell V. Nguyen, Esq.
371 Bel Marin Keys Blvd., Suite 100
Novato, CA 94949
Main: (628) 253-5070
Attorneys for Centaur Plumbing dba Echo
Plumbing
Cross-Defendant
Joseph M. Sweeney, Esq.
Sweeney Mason LLP
983 University Avenue, Ste. 104C
Los Gatos, CA 95032-7637
10
Main: (408) 356-3000
Attorneys for Shannon Gaines
11 Plaintiff
12 ] (BY ELECTRONIC SERVICE) Complying with Code of Civil Procedure §1010.6,
my electronic business address and I caused such document to be electronically served through
13 FileAndServeXpress for the above-entitled case to the parties on the Service List maintained on the
14 FileAndServeXpress Website for this case. The file transmission was reported as complete and a
copy of the FileAndServeXpress receipt will be maintained with the original document in our
1S office.
16 I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
17
Executed August 30, 2021, at Petaluma, California.
18
19
20
Nickober Crue
21 Nick Carrera
22
23
24
25
26
27
28
OE
PROOF OF SERVICE
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Clv-110 "ATTORNEY OR PARTY WITHOUT ATTORNEY ( @XSSN 202276) ): Kathleen C. Miller FOR COURT USE ONLY 755 Baywood Drive, Suite 185 Petaluma, CA 94954 TELEPHONE NO'797 789.6500 FAX NO, (Optional): 707.789.6520 E-MAIL ADDRESS (Optional): kathleen@pobrienlaw.com ATTORNEY FOR (Name): Nor-Cal Insulation Inc SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara stREETappREss: 191 N. First Street MAILING ADDRESS: crryannzp cope: San Jose CA 95113 BRANCH NAME: PLAINTIFF/PETITIONER: Shannon Gaines DEFENDANT/RESPONDENT: T Miller Construction, Inc REQUEST FOR DISMISSAL CASE NUMBER: 17C€V308393 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 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) [GE] With prejudice (2) [] Without prejudice b. (1)[_] Complaint (2) [_] Petition (3) [<] Cross-complaint filed by (name): Nor-Cal Insulation, Inc on (date): 3/24/2020 (4) [_] Cross-compiaint filed by (name): ‘on (date): (5)J Entire action of all parties and all causes of action (6) x] Other (specify):* Each party to bear its own costs 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 c feted) > Date: August 30, 2021 ath lon. Kathleen. C. Miller (TYPE OR PRINT NAME OF [xx] ATTORNEY [[__] PARTY WITHOUT ATTORNEY) (SIGNATURE) “1 dismisealal roquested Isis ofof spspecified parties onlyof specifi .d causes of action and identify the parties, Attorney or party without attorney for: only, or of ross-compatlaints ses of action, or cross-oomp onl ints to be IY,Yismissed. (J Piaintitt/Petitioner Oo Defendant/Respondent (1) 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 Attormey or party without attorney for: relief— is on file, the attomey for cross-complainant (respondent) must [1 Plaintiff/Petitioner [1] Defendant/Respondent sign this consent if required ‘Code of Civil Procedure section 581 (i) or: (1 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): 7a) 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 Page1 of2 ‘Adopted for Mandatory Use ‘Code of Givil Procedure, § 681 at ‘Judicial Counc! of Califomia REQUEST FOR DISMISSAL CEB Gov. Code, {§ 68637(c); Cal. Rules of Court, ru 3. 5385 1V-410 [Rev. Jan. 1, 2013] www.Courts.c2.gov www.ceb.com 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.) 3.1] 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: > (SIGNATURE) (TYPE OR PRINT NAME OF [__] ATTORNEY [___] PARTY MAKING DECLARATION) CIV-110 [Rev January 1, 2013] REQUEST FOR DISMISSAL CEB www.ceb.com Page 2 of 2 PROOF OF SERVICE Gaines v. T Miller Construction, Inc. Superior Court of California County of Santa Clara Case No. 17CV308393 I, the undersigned, hereby declare thatI am over the age of 18 years and not a party to the above-captioned action; that my business address is 755 Baywood Drive, Suite 185, Petaluma, California, 94954. On the date set forth below, the following document(s) were served: NOR-CAL INSULATION, INC.’S REQUEST FOR DISMISSAL OF CROSS- COMPLAINT on the other parties to this action at the following address: Daniel J. Mash Todd Fischer McPharlin Sprinkles & Thomas, LLP Fischer Kerny, LLP 160 W Santa Clara St, Suite 400 2600 Garden Road, Suite 222 10 San Jose, CA 95113 Monterey, CA 93940 Main:(408) 293-1900 Main: (831) 372-9200 11 Attorneys for SHANNON GAINES Attorneys for T. MILLER 12 Plaintiff CONSTRUCTION, INC. Defendant 13 Julie McElroy, Esq. Timothy J. McCaffery, Esq. Jacobsen & McElroy PC McCAFFERY HOSKING LLP 14 2401 American River Drive, Suite 100 1777 Botelho Drive, Suite 360 Sacramento, CA 95825 Walnut Creek, CA 94596-5084 15 Main: (916) 971-4100 Attorneys for Bruce Mechanical, Inc. Main: (925) 705-7358 16 Cross-Defendant Attorneys for Brett Shelton Roofing Cross-Defendant 17 Sally Williams Kevin P. Lee, Esq. Sally williams Law Mokri Vanis & Jones, LLP 18 555 Soquel Avenue, Ste. 380 3620 American River Drive, Suite 218 Santa Cruz, CA 95062 Sacramento, CA 95864 19 Main: (831) 459-6096 Main: (925) 375-1851 20 Attorneys for Golden State Plastering Attorneys for Fernandez's Painting Cross-Defendant Cross-Defendant 21 Mark J. Heisey Jonathan C. Bacon, Esq. Burnam Brown MOKRI VANIS & JONES LLP 22 P.O. Box 119 3620 American River Drive, Suite 218 23 Oakland, CA 94604-0119 Sacramento, CA 95825 Main: (510) 444-6800 Main: (925) 471-8400 24 Attorneys for Southwest Door & Window Attorneys for Shelton Roofing dba Portofino Glass Works Cross-Defendant 25 26 27 28 ae PROOF OF SERVICE Bradley A. Bening, Esq. Darrell V. Nguyen Willoughby, Stuart, Bening & Cook TYSON & MENDES LLP 50 W. San Fernando Street, Suite 400 Jim E. Sell, Esq. San Jose, CA 95113 Candice N. Hamant, Esq. Darrell V. Nguyen, Esq. 371 Bel Marin Keys Blvd., Suite 100 Novato, CA 94949 Main: (628) 253-5070 Attorneys for Centaur Plumbing dba Echo Plumbing Cross-Defendant Joseph M. Sweeney, Esq. Sweeney Mason LLP 983 University Avenue, Ste. 104C Los Gatos, CA 95032-7637 10 Main: (408) 356-3000 Attorneys for Shannon Gaines 11 Plaintiff 12 ] (BY ELECTRONIC SERVICE) Complying with Code of Civil Procedure §1010.6, my electronic business address and I caused such document to be electronically served through 13 FileAndServeXpress for the above-entitled case to the parties on the Service List maintained on the 14 FileAndServeXpress Website for this case. The file transmission was reported as complete and a copy of the FileAndServeXpress receipt will be maintained with the original document in our 1S office. 16 I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. 17 Executed August 30, 2021, at Petaluma, California. 18 19 20 Nickober Crue 21 Nick Carrera 22 23 24 25 26 27 28 OE PROOF OF SERVICE