Free APP-005.v2.092906.ofm - California

TO BE FILED IN THE SUPERIOR COURT
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT USE ONLY

APP-005

TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name):

FAX NO. (Optional):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME:

PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT:

Superior Court Case Number:

Court of Appeal Case Number (if known):

ABANDONMENT OF APPEAL (UNLIMITED CIVIL CASE)
The undersigned appellant hereby abandons the appeal filed on (date): in the above-entitled action.

Date:

(TYPE OR PRINT NAME)

(SIGNATURE OF APPELLANT OR ATTORNEY)

NOTE: File this form in the superior court if the record has not yet been filed in the Court of Appeal. If the record has already been filed in the Court of Appeal, you cannot use this form; you must file a request for dismissal in the Court of Appeal. You can use form APP-007 to file a request for dismissal in the Court of Appeal.

Page 1 of 2 Form Approved for Optional Use Judicial Council of California APP-005 [Rev. January 1, 2007]

ABANDONMENT OF APPEAL (UNLIMITED CIVIL CASE)
(Appellate)

Cal. Rules of Court, rule 8.244 www.courtinfo.ca.gov American LegalNet, Inc. www.FormsWorkflow.com

APP-005
CASE NAME: CASE NUMBER:

NOTICE TO PARTIES: A copy of this document must be mailed or personally delivered to the other party or parties to this appeal. A PARTY TO THE APPEAL MAY NOT PERFORM THE MAILING OR DELIVERY HIMSELF OR HERSELF. A person who is at least 18 years old and is not a party to this appeal must complete the information below and mail (by first-class mail, postage prepaid) or personally deliver the front and back of this document. When the front and back of this document have been completed and a copy mailed or personally delivered, the original may then be filed with the court.

PROOF OF SERVICE Mail Personal Service
1. At the time of service I was at least 18 years of age and not a party to this legal action. 2. My residence or business address is (specify):

3. I mailed or personally delivered a copy of the Abandonment of Appeal (Unlimited Civil Case) as follows (complete either a or b): a. Mail. I am a resident of or employed in the county where the mailing occurred. (1) I enclosed a copy in an envelope and (a) (b) deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid. placed the envelope for collection and mailing on the date and at the place shown in items below, following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. Name of person served: Address on envelope:

(2)

The envelope was addressed and mailed as follows: (a) (b)

(c) (d) b.

Date of mailing: Place of mailing (city and state):

Personal delivery. I personally delivered a copy as follows: (1) Name of person served: (2) Address where delivered: (3) Date delivered: (4) Time delivered:

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:

(TYPE OR PRINT NAME)

(SIGNATURE OF DECLARANT)

APP-005 [Rev. January 1, 2007]

ABANDONMENT OF APPEAL (UNLIMITED CIVIL CASE)
(Appellate)

Page 2 of 2