FRIT SAN JOSE TOWN AND COUNTRY VILLAGE, LLC v. TESLA MOTORS, INC. Document 5: Request Dismissal

Superior Court of California, County of Santa Clara
Case No. 20CV368064
Filed July 17, 2020

of Entire Action

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Page 1 200VSanta Clara —
Civil
CW-Naamoto
ATTORNEY 0R PARTY WITHOUT ATTORNEY:
Goodkin (SBN 131347);
NAME: Daniel L.
FIRM NAME:
STATE BAR No;
Allison J.
FOR COURT USE ONLY
Law (SBN 307891)
.
STREET ADDRESS: 1800 Century Park East, 10th Floor
WW CA
Los Angeles
CITY:
STATE:
TELEPHONE“ 310552-
ZIP
CODE:
County of Santa Clara,
on 7/17/2020 3:22 PM
Reviewed By: A. Nakamoto
Case #ZocvENVelope-
310-943-
dgoodkin@goodkinlaw.com; alaw@goodkin|aw.com
E-MAILADDRESS:
ATTORNEY FOR(Name).
Plaintiff
FRIT San Jose Town and Country
Village,
LLC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara
_
STREETADDREss: 191 N. First Street
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
.
EIGCtroanally Flled
by superlor court Of CA,
GOODKIN LAW GROUP, APC
191 N. First Street
San Jose, CA 951 1 Downtown Superior Court
PIaintiff/Petitioner:
FRIT San Jose Town and Country
Defendant/Respondent: Tesla Motors,
LLC
Village,
Inc.
CASE NUMBER:
REQUEST FOR DISMISSAL
A conformed copy will
This form
may
not be returned by the clerk unless a method of return
and
(1)
b.
(1)
(3)
(4)
(5)
(6)
The
With prejudice
(2)
as follows:
Without prejudice
Complaint
(2)
Petition
this action
Cross-complaint filed by (name):
on
(date):
Cross-complaint filed by (name):
on
(date):
Entire action of
all
parties
and
all
causes of action
cases except family law cases.)
waive court fees and costs for a party in this case. (This information
did
did not
If court fees and costs were waived, the declaration on the back of this form must be c mpleted).
in all
court
clerk.
Date:Ju|y 17, -
_
Allison J. Law, Esq.
(TYPE
*lf
OR PRINT NAME OF
dismissal requested
is
ATTORNEY
PARTY WITHOUT ATTORNEY)
of specified parties only of specified
or of specified cross-complaints only, so state
action, or cross-complaints to
TO THE CLERK:
3.
a class
Other (specify):*
(Complete
2.
Please dismiss
in
3.770.)
E
E
E
E
E
E
E
E E
E E
TO THE CLERK:
a.
provided with the document.
is
not be used for dismissal of a derivative action or a class action or of any party or cause of action
action. (Cal. Rules of Court, rules 3.1.
ZOCV
and
to the
causes of action only,
causes of
identify the parties,
above dismissal
is
U
/
obtained from the
A /K_/
,.
l
'
--
(SIGNATURE
be dismissed.
Consent

may be
E
Attorney 0r party Without attorney
for:
E
Defendant/Respondent
plaintiff/petitioner
Cross Complainant
hereby given.**
Date:
(TYPE
0R PRINT NAME 0F
E
ATTORNEY
E

PARTY WITHOUT ATTORNEY)
(SIGNATURE)
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 (j).
**
E
E
E
Attorney 0r party Without attorney
If
PIaintifi/Petitioner
Cross Complainant
for:
Defendant/Respondent
(To be completed by clerk)
4.
6.
7.
Dismissal entered as requested on (date):7/
E
E
E
E
Dismissal entered on
as
PM
to only
(name):
Dismissal not entered as requested for the following reasons (specify):
7/2020 3:
PM
a.
Attorney or party without attorney notified on (date): 7/
b.
Attorney or party without attorney not notified. Filing party failed to provide
Date:
F
7/2020
(date):
Ad
E
a copy to be conformed
7/17/2020 3:tdf
M
dt
JSSEEiaI Coguicilogf Caarljiffrrzg
ClV-110 [Rev. Jan.
1,
2013]
U 8e
PM
E
Clerk,
means
by
to return
conformed copy
A-
Nakamoto
REQUEST FOR DISMISSAL
pagem
,Deputy
Cd
O e fCiViIP

d
,581t
.;GV.Cd,
686372:§;eC:||'.eR§ules c?csoeuqrt,
ru(|)e
3.1039e
www.courts.ca.gov
Page 2 CIV-1 .
.
.
.
_
Plalntlff/Petltloner.
FRIT San Jose Town and Country
Defendant/Respondent: Tesla Motors,
-
CASE NUMBER:
LLC
Vlllage,
ZOCV
Inc.
COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS
a party whose court fees and costs were initially waived has recovered or will recover $10,000 or more
value by way of settlement, compromise, arbitration award, mediation settlement, or other means, the
If
court has a statutory lien on that recovery.
satisfied.
The
court
may
refuse to dismiss the case
until
the lien
in
is
(Gov. Code, § 68637.)
Declaration Concerning Waived Court Fees
1.
The
2.
The person named
3.
|
court waived court fees and costs
E
E
EE
in
item

is
in this
action for (name):
(check one below):
a.
not recovering anything of value by this action.
b-
recovering less than $10,
c.
recovering $10,000 or
A||
more
in
in
court fees and court costs that
value by this action.
value by
this action.
were waived
in this
(If
item
action
is
checked, item 3 must be completed.)
have been paid
to the court
(check one):
declare under penalty of perjury under the laws of the State of California that the information above
is
true
and
Yes
No
correct.
Date:
(TYPE
0R PRINT NAME 0F
Clv—11o [Rev. January
1,
E
2013]
ATTORNEY
E
D
PARTY MAKING DECLARATION)
REQUEST FOR DISMISSAL
(S'GNATURE)
Page 2 of
Page 3 PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
I am employed in the County of Los Angeles, State of California. I am over the age of
eighteen years and not a party t0 the Within action; my business address is 1800 Century Park
East, 10th Floor, Los Angeles, CA 90067.
On July
15,
2020,
I
served the following document(s) described
as:
REQUEST FOR DISMISSAL
on the
interested parties in this action
by placing
true copies thereof enclosed in sealed envelopes
addressed as follows:
Tesla, Inc.
CT
Attn: Lease Administration
818 West Seventh Street, Suite Los Angeles, CA
901 Page Avenue
Fremont,
Corporation
CA
Tesla, Inc.
Which Will Do Business

in California
As Tesla Motors,
Inc.
3500 Deer Creek Rd.
CA
Palo Alto,

M

BY MAIL:
I am “readily familiar” with the firm’s practice of collection and processing
correspondence for mailing With the United States Postal Service. Under that practice, it
would be deposited with the United States Postal Service that same day in the ordinary
course 0f business. Such envelope(s) were placed for collection and mailing with postage
thereon fully prepaid at Los Angeles, California, on that same day following ordinary
business practices.
D
BY CERTIFIED MAIL/RETURN RECEIPT REQUESTED:
I
am
“readily familiar”
with the firm’s practice 0f collection and processing correspondence for mailing With the
United States Postal Service. Under that practice, it would be deposited with the United
States Postal Service that same day in the ordinary course of business. Such envelope(s)
were placed for collection and mailing with postage thereon fully prepaid at Los Angeles,
California, on that same day following ordinary business practices.

D
BY OVERNIGHT
DELIVERY: I deposited such document(s) in a box or other facility
regularly maintained by the overnight service carrier, or delivered such document(s) t0 a
courier 0r driver authorized by the overnight service carrier to receive documents, in an
envelope or package designated by the overnight service carrier with delivery fees paid 0r
provided for, addressed t0 the person(s) served hereunder.

Executed on July 15, 2020, at Bakersfield, California. I declare under penalty of perjury
under the laws of the State 0f California that the above is true and correct.
%__

SHARON YEOU
PROOF OF SERVICE
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