Clerk, by ____ -:-~----------------, Deputy - DocumentCloud
CIV-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and
addressJ{File NO. 1593.19] FOR COURT USE ONLY
BRIGGS LAW CORPORATION Cory J. Briggs (SBN 176284) 99 East "C" Street, Suite 111, San Diego, CA 91786 .TElEPHONE NO.: 909-949-7115 FAX NO. (Optional): 909-949-7121 E-MAIL ADDREss (Optional): [email protected] ATTORNEY FOR (Name): Plaintiff San DieQans for Ooen Government SUPERIOR COURT OF CALIFORNIA, COUNTY OF sTREET ADDREss: MAILING ADDREss: c1TY AND ZIP coDE: BRANcH NAME:
San Diego
330 West Broadway 330 West Broadway San Diego, CA 92101 Hall_of Justice
PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT:
San Diegans for Open Government City of San Diego, et al. REQUEST FOR DISMISSAL
CASE NUMBER:
37-2013-00052721
A conformed copy will not be returned by the clerk unless a method of retJrn is provided with the document. .
.
I
.
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) b. (1) (3) (4)
0 0
With prejudice
(2)
[LJ
Without prejudice
0
c::J
Complaint (2) Petition Cross-complaint filed by (name):
on (date):
D
Cross-complaint filed by (name):
on (date):
(5) ~ Entire action of all parties·and all causes of action (6)
0
Other (specify):*
2. (Complete in all cases except family law cases.)
0
The court d1d [1] d1d not wa1ve court fees and costs for a party in th1s case. (Th1s mformat10n may be obtamed from I the clerk. If court fees and costs were waived, the declaration on the back ofthi rm m t be ompleted). Date: May 29,2015
~.OJ)' J..t~rig£$ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (TYPE OR PRINT NAME OF
[ZJ ATTORNEY
D
'
PARTY WITHOUT ATTORNEY)
*If dismissal requested is of specified parties only of specified causes of action only, or of spec1fied cross-complaints only, so state and identify the parties, causes of action, or cross-complaints to be dismissed.
Attorney or party without attorney for: Plaintiff/Petitioner Defendant/Respondent Cross..qomplainant
D D
D
3. TO THE CLERK: Consent to the above dismissal is hereby given.** Date: (TYPE OR PRINT NAME OF
D
ATTORNEY
D
PARTY WITHOUT ATTORNEY)
** If a cross-complaint- or Response (Family Law) seeking affirmative
relief- is on file, the attorney for cross-complainant (respondent) must sign this consent if required by Code of Civil Procedure section 581 (i) or U).
I Attorney or party without attorney for:
(SIGNATURE)
D 0
Plaintiff/Petitioner Cross-Complainant
D
Defendant/Respondent
I
(To be completed by clerk) 4. Dismissal entered as requested on (date):
c:J
5 6.
D 0
7. a. b.
Dismissal entered on (date):
as to only (name):
·Dismissal not entered as requested for the following reasons (specify):
D 0
Attorhey or party without attorney notified on (date):. Attorney or party without attorney not notified. Filing party failed to provide a copy to be conformed means to return confoniled cop~
D
Date:
0
Clerk, by _ _ _ _
-:-~---------------I
Form Adopted for Mandatory Use Judicial Council of Galifomia CIV-110 (Rev. Jan. 1, 2013]
REQUEST FOR DISMISSAL
, Deputy Page 1 of2
Code of Ovil Procedure, § 581 et seq.; Gov. Code, § 68637(c); Gal. Rules of Court, rule 3.1390
www.courts.ca.gov
CIV~110
PLAINTIFF/PETITIONER: San Diegan for Open Government
CASE NUMBER:
3 7-2013-00052721
DEFENDANT/RESPONDENT: City of San Diego, et al.
l
COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS
If a party whose court fees and costs were initially waived has reco~ered 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 i~ satisfied. (Gov. Code,§ 68637.) . . . •
I . . ' -. . . .
.
1
Declaration Concerning Waived Court Fees 1. The court waived
co~rt fees and costs in this action for (name):
2. The person named a. D b. D c.
0
3. D
i~ item 1 is (check one below):
·
I
not recove'ring anything of value by this action. 1 recovering 1ess than $10,000 in value by this action. I recovering $10,000 or more in value by this action. (If item 2c is checked, item 3 must be completed.)
All court fees an6 court costs.that were waived in this action have been baid to the court (check one): DYes
~.
0No
I
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
D
CIV-110 (Rev. January 1, 2013]
(
~TTORNEY
D
PAR:"
~KING DECLARATION)
REQUEST FOR DISMISSAL
(SIGNATURE)
Page 2 of2
PROOF OF SERVICE 1.
My name is Janna Ferraro . I am over the age of eighteen. I am employed in the State of California, County of _San DiegQ_ _ _ _ _. ___ .
2.
My~ business _ _ residenceaddressis Briggs Law Corporation JU4 Morena Blvd!.LS,_uite 107~an Diego, CA 92110
On ________May 29, 2015
3.
, I served-'-- an original copy _L_a true and correct copy ofthe
following documents: Request for Dism=is=s=a•~-
4.
I served the documents on the person(s) identified on the attached mailing/service list as follows: _
by personal service. I personally delivered the documents to the person(s) at the address( es) indicated on the list.
__ by U.S. mail. I sealed the documents in a'n envelope or package addressed to the person(s) at the address(es) indicated on the list, with first-class postage fully prepaid, and then I
_deposited the envelope/package ·with the U.S. Postal Service __ placed the envelope/package in a box for outgoing mail in accordance with my office's ordinary practices for collecting and processing outgoing mail, with which I am readily familiar. On the same day that mail is placed in the box for outgoing mail, it is deposited in the ordinary course ofbusiness with the U.S. Postal Service. I am a resident of or employed in the county where the mailing occurred. The mailing occurred in the city of _ ____;__________,S""'a.,."'n~D~i~e:eg~o, California. __ by overnight delivery. I sealed the documents in an envelope/package provided by an overnight-delivery service and addressed to the person(s) at the address(es) indicated on the list, and then I placed the envelope/package forcollection.and overnight delivery in the service's box regularly utilized for receiving items for overnight delivery or at the service's office where such items. are accepted for overnight delivery. __ by facsimile transmission. Based on an agreement of the parties or a court order, I sent the documents to the person(s) at the fax number(s) shown on the list. Afterward, the fax machine from which the documents were sent reported that they were sent successfully.
_L_ by e-mail delivery. Based on the parties' agreement or a court order or rule, I sent the documents to the person(s) at the e-mail address(es) shown on the list. I did not receive, within a reasonable period of time afterward, any electronic message or other indication that the transmission was unsuccessful. I declare under penalty of.perjury under the laws _ _ of the United States that the foregoing is true and correct. Date:
-----~M~av2~.J01~__ . __
of the State of California
1
SERVICE LISt
2
San Diegans for Open Government v. City of San Diego, et a!. San Diego County Superio! Court Case No.: 37-2013-00052721-CU-MC-CTL
3 4 5 6 7 8 9 10 11 12 13 14
15 16 17 18 19 20 21 22
23 24 25 26 27 28
Jan I. Goldsmith Daniel F. Bamberg Carmen A. Brock Office of the City Attorney 1200 Third Avenue, Suite 1100 San Diego, CA 92101-4100 [email protected]
Attorneys for Defendant City of San Diego
Michael G. Colantuono Jennifer· L. Pancake Ryan T. Dunn Colantuono, Highsmith & Whatley, PC 300 South Grand Avenue, Suite 2700 Los Angeles, CA 90071 [email protected] rdunn@schlaw .us
Attorneys for Defendant City of San Diego
addressJ{File NO. 1593.19] FOR COURT USE ONLY
BRIGGS LAW CORPORATION Cory J. Briggs (SBN 176284) 99 East "C" Street, Suite 111, San Diego, CA 91786 .TElEPHONE NO.: 909-949-7115 FAX NO. (Optional): 909-949-7121 E-MAIL ADDREss (Optional): [email protected] ATTORNEY FOR (Name): Plaintiff San DieQans for Ooen Government SUPERIOR COURT OF CALIFORNIA, COUNTY OF sTREET ADDREss: MAILING ADDREss: c1TY AND ZIP coDE: BRANcH NAME:
San Diego
330 West Broadway 330 West Broadway San Diego, CA 92101 Hall_of Justice
PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT:
San Diegans for Open Government City of San Diego, et al. REQUEST FOR DISMISSAL
CASE NUMBER:
37-2013-00052721
A conformed copy will not be returned by the clerk unless a method of retJrn is provided with the document. .
.
I
.
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) b. (1) (3) (4)
0 0
With prejudice
(2)
[LJ
Without prejudice
0
c::J
Complaint (2) Petition Cross-complaint filed by (name):
on (date):
D
Cross-complaint filed by (name):
on (date):
(5) ~ Entire action of all parties·and all causes of action (6)
0
Other (specify):*
2. (Complete in all cases except family law cases.)
0
The court d1d [1] d1d not wa1ve court fees and costs for a party in th1s case. (Th1s mformat10n may be obtamed from I the clerk. If court fees and costs were waived, the declaration on the back ofthi rm m t be ompleted). Date: May 29,2015
~.OJ)' J..t~rig£$ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (TYPE OR PRINT NAME OF
[ZJ ATTORNEY
D
'
PARTY WITHOUT ATTORNEY)
*If dismissal requested is of specified parties only of specified causes of action only, or of spec1fied cross-complaints only, so state and identify the parties, causes of action, or cross-complaints to be dismissed.
Attorney or party without attorney for: Plaintiff/Petitioner Defendant/Respondent Cross..qomplainant
D D
D
3. TO THE CLERK: Consent to the above dismissal is hereby given.** Date: (TYPE OR PRINT NAME OF
D
ATTORNEY
D
PARTY WITHOUT ATTORNEY)
** If a cross-complaint- or Response (Family Law) seeking affirmative
relief- is on file, the attorney for cross-complainant (respondent) must sign this consent if required by Code of Civil Procedure section 581 (i) or U).
I Attorney or party without attorney for:
(SIGNATURE)
D 0
Plaintiff/Petitioner Cross-Complainant
D
Defendant/Respondent
I
(To be completed by clerk) 4. Dismissal entered as requested on (date):
c:J
5 6.
D 0
7. a. b.
Dismissal entered on (date):
as to only (name):
·Dismissal not entered as requested for the following reasons (specify):
D 0
Attorhey or party without attorney notified on (date):. Attorney or party without attorney not notified. Filing party failed to provide a copy to be conformed means to return confoniled cop~
D
Date:
0
Clerk, by _ _ _ _
-:-~---------------I
Form Adopted for Mandatory Use Judicial Council of Galifomia CIV-110 (Rev. Jan. 1, 2013]
REQUEST FOR DISMISSAL
, Deputy Page 1 of2
Code of Ovil Procedure, § 581 et seq.; Gov. Code, § 68637(c); Gal. Rules of Court, rule 3.1390
www.courts.ca.gov
CIV~110
PLAINTIFF/PETITIONER: San Diegan for Open Government
CASE NUMBER:
3 7-2013-00052721
DEFENDANT/RESPONDENT: City of San Diego, et al.
l
COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS
If a party whose court fees and costs were initially waived has reco~ered 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 i~ satisfied. (Gov. Code,§ 68637.) . . . •
I . . ' -. . . .
.
1
Declaration Concerning Waived Court Fees 1. The court waived
co~rt fees and costs in this action for (name):
2. The person named a. D b. D c.
0
3. D
i~ item 1 is (check one below):
·
I
not recove'ring anything of value by this action. 1 recovering 1ess than $10,000 in value by this action. I recovering $10,000 or more in value by this action. (If item 2c is checked, item 3 must be completed.)
All court fees an6 court costs.that were waived in this action have been baid to the court (check one): DYes
~.
0No
I
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
D
CIV-110 (Rev. January 1, 2013]
(
~TTORNEY
D
PAR:"
~KING DECLARATION)
REQUEST FOR DISMISSAL
(SIGNATURE)
Page 2 of2
PROOF OF SERVICE 1.
My name is Janna Ferraro . I am over the age of eighteen. I am employed in the State of California, County of _San DiegQ_ _ _ _ _. ___ .
2.
My~ business _ _ residenceaddressis Briggs Law Corporation JU4 Morena Blvd!.LS,_uite 107~an Diego, CA 92110
On ________May 29, 2015
3.
, I served-'-- an original copy _L_a true and correct copy ofthe
following documents: Request for Dism=is=s=a•~-
4.
I served the documents on the person(s) identified on the attached mailing/service list as follows: _
by personal service. I personally delivered the documents to the person(s) at the address( es) indicated on the list.
__ by U.S. mail. I sealed the documents in a'n envelope or package addressed to the person(s) at the address(es) indicated on the list, with first-class postage fully prepaid, and then I
_deposited the envelope/package ·with the U.S. Postal Service __ placed the envelope/package in a box for outgoing mail in accordance with my office's ordinary practices for collecting and processing outgoing mail, with which I am readily familiar. On the same day that mail is placed in the box for outgoing mail, it is deposited in the ordinary course ofbusiness with the U.S. Postal Service. I am a resident of or employed in the county where the mailing occurred. The mailing occurred in the city of _ ____;__________,S""'a.,."'n~D~i~e:eg~o, California. __ by overnight delivery. I sealed the documents in an envelope/package provided by an overnight-delivery service and addressed to the person(s) at the address(es) indicated on the list, and then I placed the envelope/package forcollection.and overnight delivery in the service's box regularly utilized for receiving items for overnight delivery or at the service's office where such items. are accepted for overnight delivery. __ by facsimile transmission. Based on an agreement of the parties or a court order, I sent the documents to the person(s) at the fax number(s) shown on the list. Afterward, the fax machine from which the documents were sent reported that they were sent successfully.
_L_ by e-mail delivery. Based on the parties' agreement or a court order or rule, I sent the documents to the person(s) at the e-mail address(es) shown on the list. I did not receive, within a reasonable period of time afterward, any electronic message or other indication that the transmission was unsuccessful. I declare under penalty of.perjury under the laws _ _ of the United States that the foregoing is true and correct. Date:
-----~M~av2~.J01~__ . __
of the State of California
1
SERVICE LISt
2
San Diegans for Open Government v. City of San Diego, et a!. San Diego County Superio! Court Case No.: 37-2013-00052721-CU-MC-CTL
3 4 5 6 7 8 9 10 11 12 13 14
15 16 17 18 19 20 21 22
23 24 25 26 27 28
Jan I. Goldsmith Daniel F. Bamberg Carmen A. Brock Office of the City Attorney 1200 Third Avenue, Suite 1100 San Diego, CA 92101-4100 [email protected]
Attorneys for Defendant City of San Diego
Michael G. Colantuono Jennifer· L. Pancake Ryan T. Dunn Colantuono, Highsmith & Whatley, PC 300 South Grand Avenue, Suite 2700 Los Angeles, CA 90071 [email protected] rdunn@schlaw .us
Attorneys for Defendant City of San Diego
