Free Notice (Other) - District Court of California - California

Case 5:08-cv-01771-RMW

Document 36

Filed 07/15/2008

Page 1 of 4

1 ADLESON, HESS & KELLY, APC Phillip M. Adleson, Esq. (CSB# 69957) 2 [email protected] Duane W. Shewaga, Esq. (CSB# 116837) 3 [email protected] 4 577 Salmar Avenue, Second Floor Campbell, California 95008 5 Telephone: (408) 341-0234 Facsimile: (408) 341-0250 6 Attorneys for Defendants 7 UTAH FINANCIAL, INC. 8 DAVID L. SMITH WAYNE MORRISON 9 10 11 12 13 14 15 16 17 18 19 20 21 22 TO: 23 PLAINTIFFS RICK YU AND SERLYN YU, AND THEIR ATTORNEYS OF RECORD: NOTICE IS HEREBY GIVEN that, as plaintiffs and defendants Utah Financial Inc., a vs. UTAH FINANCIAL, INC., erroneously sued as a California corporation; GREENPOINT MORTGAGE FUNDING, INC.; DAVID L. SMITH, WAYNE MORRISON, et al., Defendants. RICK YU and SERLYN YU, Plaintiffs, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (San Jose Division) Case No. C 08-01771 RMW NOTICE OF WITHDRAW OF DEFENDANTS UTAH FINANCIAL, INC.'S, DAVID L. SMITH'S AND WAYNE MORRISON'S MOTION TO DISMISS PURSUANT TO RULE 12(b)(6) Date: Time: Courtroom: Judge: July 25 2008 9:00 a.m. 6 (4th floor) Ronald M. Whyte

24 Utah corporation (erroneously sued herein as a California corporation), David L. Smith and 25 Wayne Morrison have reached a tentative settlement agreement, said defendants hereby 26 withdraw their Motion to Dismiss scheduled for July 25, 2008 before the Honorable Ronald M. 27 Whyte. 28 / / /
ADLESON, HESS & KELLY, APC
577 SALMAR AVE., 2D FL. CAMPBELL, CA 95008 (408) 341-0234 FAX (408) 341-0250 WWW.AHK-LAW .COM ©ADLESON, HESS & KELLY, APC, 2003

Case No. C08-01771-RMW

Notice of Withdraw of Motion

Page 1

Case 5:08-cv-01771-RMW

Document 36

Filed 07/15/2008

Page 2 of 4

1 Dated: July 15, 2008 2 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
ADLESON, HESS & KELLY, APC
577 SALMAR AVE., 2D FL. CAMPBELL, CA 95008 (408) 341-0234 FAX (408) 341-0250 WWW.AHK-LAW .COM ©ADLESON, HESS & KELLY, APC, 2003

Respectfully submitted, ADLESON, HESS & KELLY, APC

/s/ Duane W. Shewaga By: ______________________________ PHILLIP M. ADLESON, ESQ. DUANE W. SHEWAGA, ESQ. Attorneys for Defendants Utah Financial, Inc., David L. Smith, and Wayne Morrison

Case No. C08-01771-RMW

Notice of Withdraw of Motion

Page 2

Case 5:08-cv-01771-RMW

Document 36

Filed 07/15/2008

Page 3 of 4

1 2 3 4

CERTIFICATION OF SERVICE BY MAIL I, the undersigned, declare as follows:

I am over the age of eighteen years and not a party to the within-entitled action. I am employed in Santa Clara County, California, with the law firm of ADLESON, HESS & KELLY, 5 APC. My business address is 577 Salmar Avenue, Second Floor, Campbell, California, 95008. 6 On July 15, 2008, I served upon the interested party(ies) in the action the foregoing 7 document described as: NOTICE OF WITHDRAW OF DEFENDANTS UTAH FINANCIAL, INC.'S, DAVID L. 9 SMITH'S AND WAYNE MORRISON'S MOTION TO DISMISS PURSUANT TO RULE 12(b)(6) 10 [X] By placing ____ the original X true copy(ies) thereof enclosed in sealed envelope(s) 11 addressed to: 12 13 14 15 16 17 18 19 20 21 22 Ron M. Arlas, Esq. Ted Buell, Esq. ARLAS & SMITHTON 100 Wood Hollow Drive Novato, CA 94945 T: (415) 878-5390 F: (415) 878-3595 [email protected] [email protected] For Defendant GREEN POINT MORTGAGE Mark W. Good, Esq. Summer J. Martin, Esq. TERRA LAW, LLP 177 Park Avenue, 3rd Floor San Jose, CA 95113 T: (408) 288-1200 F: (408) 998-4895 For Plaintiffs RICK YU and SERLYN YU 8

ADLESON ESS & KELLY, APC

[X] BY MAIL I deposited such envelope(s) with postage thereon fully prepaid in the 23 United States mail at a facility regularly maintained by the United States Postal Service at Campbell, California. I am readily familiar with the firm's practice of collecting and processing 24 correspondence for mailing. Under the practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Campbell, California in the 25 ordinary course of business. I am aware that on motion of the party served, service is 26 presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing, pursuant to this affidavit. 27 [] WITH CERTIFICATE OF MAILING A certificate of mailing was obtained from the 28 United States Post Office evidencing the mailing referenced above. ,H
Case No. C08-01771-RMW Notice of Withdraw of Motion Page 3

577 SALMAR AVE., 2D FL. CAMPBELL, CA 95008 (408) 341-0234 FAX (408) 341-0250 WWW.AHK-LAW .COM ©ADLESON, HESS & KELLY, APC, 2003

Case 5:08-cv-01771-RMW

Document 36

Filed 07/15/2008

Page 4 of 4

BY FEDEX I caused such envelope(s) to be placed for FedEx collection and delivery 1 [] at Campbell, California. I am readily familiar with the firm's practice of collection and 2 processing correspondence for FedEx mailing. Under that practice it would be deposited with the FedEx office on that same day with instructions for overnight delivery, fully prepaid, at 3 Campbell, California in the ordinary course of business. I am aware that on motion of the 4 party served, service is presumed invalid if the FedEx delivery date is more than one day after date of deposit with the local FedEx office, pursuant to this affidavit. 5 [] BY FACSIMILE I caused the transmission of the foregoing document by facsimile to 6 the offices of the addressee(s), and such transmission was reported as complete and without error. 7 BY PERSONAL SERVICE I personally served such envelope(s) of the addressee(s) 8 [] pursuant to CCP § 1011. 9 I declare that I am employed in the office of a member of the bar of this court at whose 10 direction the service was made. 11 I declare under penalty of perjury under the laws of the State of California that the 12 foregoing is true and correct. Executed on July 15, 2008, at Campbell, California. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
ADLESON, HESS & KELLY, APC
577 SALMAR AVE., 2D FL. CAMPBELL, CA 95008 (408) 341-0234 FAX (408) 341-0250 WWW.AHK-LAW .COM ©ADLESON, HESS & KELLY, APC, 2003

_/s/ Andrea Quinata Rodriguez ___________________________ ANDREA QUINATA RODRIGUEZ

Case No. C08-01771-RMW

Notice of Withdraw of Motion

Page 4