HomeMy WebLinkAbout20260218_Request for Dismissal- Kirk Construction_City v SmithCIV-110
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER:
NAME:Matthew R.Silver,SBN 245528;Sean E.Morrissey,SBN 297371
FIRM NAME:Nicholas Garcés,SBN 273277;CIVICA LAW GROUP,APC
STREET ADDRESS:4000 Barranca Parkway,Suite 250,pmb #782
crv:Irvine STATE:CA ZIP CODE:92604
TELEPHONE NO..949-592-0165 FAXNO.:949-335-1701
EMAIL ADDRESS:MSilver@CivicaLaw.com/SMorrissey@CivicaLaw.com
ATTORNEY FOR (name):Plaintiffs,People of the State of CA and City of San Luis Obispo
SUPERIOR COURT OF CALIFORNIA,COUNTY OF SAN LUIS OBISPO
STREET ADDRESS:1050 Monterey Street
MAILING ADDRESS:1050 Monterey Street
CITY AND zIP CODE:San Luis Obispo,CA 93408
BRANCH NaME:Civil Branch
PLAINTIFF/PETITIONER:People,et al.
DEFENDANT/RESPONDENT:Laurel Creek,LP,et al.
FOR COURT USE ONLY
CASE NUMBER:
REQUEST FOR DISMISSAL 25CV-0667
A conformed copy will not be returned by the clerk unless a method of return is provided with the document.
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)[__]With prejudice (2)[4¢]Without prejudice (3)[___]Without prejudice and with the court retaining
jurisdiction (Code Civ.Proc.,§664.6)
b.(1)Complaint (2)[___]Petition
(3)[-_]Cross-complaint filed on (date):by (name):
(4)[__]Cross-complaintfiled on (date):by (name):
(5)(__]Entire action of all parties and all causes of action
(6)[42]Other (specify)*;ONLY AS TO DEFENDANT KIRK CONSTRUCTION,a California corporation
2.(Complete in all cases except family law cases.)
The court [__]did [[¥_]did not waive court fees and costs for a party in this case.(This information may be obtained from
the clerk.If court fees and costs were waived,the declaration on the back of this form must be
completed.)Date:February 18,2026
Nicholas Garcés
(TYPE OR PRINT NAME OF [x ]ATTORNEY [_]PARTY WITHOUT ATTORNEY)
*If dismissal requested is of specified parties only,of specified causes of action only,Attorney or party out attorney for
or of specified cross-complaints only,so state and identify the parties,causes of Plaintiff/Petitioner [|Defendant/Respondent
action,or cross-complaints to be dismissed [__]Cross-Comptainant
3.TO THE CLERK:Consent to the above dismissal is hereby given.t
Date:
»
(TYPEOR PRINTNAMEOF []ATTORNEY [7_]PARTY WITHOUT ATTORNEY)(SIGNATURE)
t If item 1a(3)is checked,all parties must sign.Attorney or party without attorney for
\f a cross-complaintor ResponseMarriage/Domestic Partnership (form FL-120)
seeking affirmative reliefis on file,the attorney for cross-complainant (respondent)L_)Plaintiff/Petitioner [Defendant/Respondent
must sign this consent if required by Code of Civil Procedure section 581(i)or (j).[__]Cross-Compiainant
[__]Check here and use form MC-025 or a separate page for additional signatures.Include date,printed name,and party information.
4.CJ Dismissal entered as requested on (date):
5.(__]Dismissal entered on (date):as to only (name):
6.[_]Dismissal not entered as requested for the following reasons (specify):
7.a.[-_]Attorney or party without attorney notified on (date):
b.CJ Attorney or party without attorney not notified.Filing party failed to provide
[__]acopy to be conformed [__]means to return conformed copy
Date:Clerk,by ,Deputy
Paqe 1 of 2
Form Adopted for Mandatory Use Code of Civil Procedure,§581 et seq.;
Judicial Council of Califomia
REQUEST FOR DISMISSAL Government Code,§68637(c);Cal.Rules of Court,rule 3.1390
ClV-110 [Rev.January 1,2025]"AWW Courts CAdov
ELECTRONICALLY FILED
2/18/2026 3:47 PM
X
X
2/18/2026 3:47 PM
2/18/2026 3:47 PM
2/18/2026 3:47 PM /s/Michael Powell
CIV-110
PLAINTIFF/PETITIONER:People,et al.
DEFENDANT/RESPONDENT:Laurel Creek,LP,et al.
CASE NUMBER:
25CV-0667
COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS
lf a party whose court fees and cosis were initially waived has recovered 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 untilthelienissatisfied.(Gov.Code,§68637.)
Declaration Concerning Waived Court Fees
1.The court waived court fees and costs in this action for (name):
2.The person named in item 1 is (check one below)
a.[__]not recovering anything of value by this action.
b.recovering less than $10,000 in value by this action.
c.[__]recovering $10,000 or more in value by this action.(if item 2c is checked,item 3 must be completed.)
3.All court fees and court costs that were waived in this action have been paid to the court (check one):[__]Yes
declare under penalty of perjury under the laws of the State of California that the information above is true and correct.
Date:
>
[_]No
(TYPEORPRINTNAMEOF [_ATTORNEY [|PARTY MAKING DECLARATION)(SIGNATURE)
ClIV-110 [Rev.January 1,2025]REQUEST FOR DISMISSAL Page 2 of 2