ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address: GREEN & HALL, APC Samuel M. Danskin (SBN 136044 Michael A. Erlinger (SBN 216877 1851 E. First Street, 10th Floor Santa Ana, CA 92705 TELEPHONE NO.: E-MAIL ADDRESS: ATTORNEY FOR (Name: PLAINTIFF/PETITIONER: (714918-700 FAX NO.: (714918-6996 SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: DEFENDANT/RESPONDENT: NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE Personal Injury, Property Damage, or Wrongful Death Motor Vehicle Other Family Law Eminent Domain Other (specify: x sdanskin@greenhall.com; merlinger@greenhall.com WESTERN NATIONAL CONSTRUCTION SANTA CLARA 191 N 1st St. (same San Jose, California 95113 SANTA CLARA DOWNTOWN SUPERIOR COU CILKER APARTMENTS, LLC WESTERN NATIONAL CONSTRUCTION, Construction Defect CASE NUMBER: 113CV258281 FOR COURT USE ONLY CIV-120 TO ATTORNEYS AND PARTIES WITHOUT ATTORNEYS: A dismissal was entered in this action by the clerk as shown on the Request for Dismissal. (Attach a copy completed by the clerk. Date: October 30, 2015 Michael A. Erlinger x (TYPE OR PRINT NAME OF ATTORNEY PARTY WITHOUT ATTORNEY (SIGNATURE PROOF OF SERVICE 1. I am over the age of 18 and not a party to this cause. My residence or business address is: 1851 E. First Street, 10th Floor, Santa Ana, CA 92705 2. I am a resident of or employed in the county where the mailing occurred. I served a copy of the Notice of Entry of Dismissal and Request for Dismissal by mailing them, in a sealed envelope with postage fully prepaid, as follows: a. I deposited the envelope with the United States Postal Service. b. I placed the envelope for collection and processing for mailing following this business's ordinary practice with which I am readily familiar. On the same day correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service. c. Date of deposit: d. Place of deposit (city and state: e. Addressed as follows (name and address: 3. I served a copy of the Notice of Entry of Dismissal and Request for Dismissal by personally delivering copies as shown below: a. Name of person served: b. Address at which person served: c. On (date: d. At (time: 4. x I served a copy of the Notice of Entry of Dismissal and Request for Dismissal by electronically serving copies as shown below (complete if electronic service is used based on a court order or agreement of the parties: a. Name of person served: Designated on Santa Clara Superior Court Electronic Filing System Website b. Electronic service address of person served: Designated on Santa Clara Superior Court Electronic Filing System c. On (date: 10/30/15 d. At (time: approximately 1:30 pm e. Electronic service address from which I served the documents: sellis@greenhall.com Proof of electronic service is attached. 5. Proof of service on additional parties is attached. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: October 30, 2015 Sheila Ellis Form Adopted for Mandatory Use Judicial Council of California CIV-120 [Rev. January 1, 2012] (TYPE OR PRINT NAME NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE (SIGNATURE OF DECLARANT Page 1 of 1 Code of Civil Procedure, 581 et seq.; Cal. Rules of Court, rule 3.1390
1 2 3 THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA ELECTRONIC FILING - WWW.SCEFILING.ORG c/o Glotrans 2915 McClure Street Oakland, CA94609 TEL: (510 208-4775 FAX: (510 465-7348 EMAIL: Info@Glotrans.com E-FILED Oct 30, 2015 1:08 PM David H. Yamasaki Chief Executive Officer/Clerk Superior Court of CA, County of Santa Clara Case #1-13-CV-258281 Filing #G-78014 By R. Walker, Deputy 4 5 THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 CILKER APARTMENTS, LLC, Plaintiff, Cilker Apartments, LLC v. Western National Construction, et al. Plaintiff, vs. Lead Case No.1-13-CV-258281 WESTERN NATIONAL CONSTRUCTION; MCLARAND, Hon. Peter Kirwan VARQUEZ & PARTNERS; GROUP M ENGINEERS; GENTRY ASSOCIATES CONSTRUCTION CONSULTANTS; LARCO INDUSTRIES; FITCH PLASTERING; COURTNEY WATERPROOFING; CELL CRETE; LOS NIETOS CONSTRUCTION; MADERA FRAMING; KELLY DOOR; TARA COATINGS; LDI; and DOES 1-100, inclusive, Defendants. Defendant. PROOF OF SERVICE AND RELATED ACTIONS Electronic Proof of Service I am employed in the County of Alameda, State of California. I am over the age of 18 and not a party to the within action; my business address is 2915 McClure Street, Oakland, CA 94609. The documents described on page 2 of this Electronic Proof of Service were submitted via the worldwide web on Fri. October 30, 2015 at 10:56 AM PDT and served by electronic mail notification. I have reviewed the Court's Order Concerning Electronic Filing and Service of Pleading Documents and am readily familiar with the contents of said Order. Under the terms of said Order, I certify the above-described document's electronic service in the following manner: The document was electronically filed on the Court's website, http://www.scefiling.org, on Fri. October 30, 2015 at 10:56 AM PDT Upon approval of the document by the Court, an electronic mail message was transmitted to all parties on the electronic service list maintained for this case. The message identified the document and provided instructions for accessing the document on the worldwide web. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on October 30, 2015 at Oakland, California. Dated: October 30, 2015 For WWW.SCEFILING.ORG Andy Jamieson
E-FILED: Oct 30, 2015 1:08 PM, Superior Court of CA, County of Santa Clara, Case #1-13-CV-258281 Filing #G-78014 1 2 3 THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA ELECTRONIC FILING SYSTEM - WWW.SCEFILING.ORG Electronic Proof of Service Page 2 Document(s submitted by Samuel Danskin of Green & Hall, APC on Fri. October 30, 2015 at 10:56 AM PDT 1. Req:Dismissal, Partial W/O Prej: Request for Entry of Dismissal - Roebecks Welding & Fabrication, Inc. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23