Hall v. PLM Lender Services, Inc. et al

Filing 18

ORDER DISMISSING CASE re doc 17 Voluntary Dismissal filed by Debra K. Hall. Signed by Judge Vaughn R Walker on 12/30/2009. (cgk, COURT STAFF) (Filed on 12/30/2009)

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LAW OFFICE OF SHARON L. LAPIN SHARON L. LAPIN SBN 165919 110 LOCH LOMOND DR. SAN RAFAEL, CA 94901 [phone] e-mail: [e-mail]

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S DISTRICT TE C TA

7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. DEBRA K. HALL, Plaintiff,

F D IS T IC T O NORTHERN DISTRICT OF CALIFORNIAR

E COURT UNITED STATES DISTRICT R

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CASE NO.: 3:09-CV-04760-EDL VRW.. PLAINTIFF'S NOTICE OF DISMISSAL WITHOUT PREJUDICE OF CAUSE OF ACTION FOR VIOLATION OF THE TRUTH IN LENDING ACT; CAUSE OF ACTION FOR VIOLATION OF CALIFORNIA ROSENTHAL ACT; CAUSE OF ACTION FOR NEGLIGENCE; CAUSE OF ACTION FOR VIOLATION OF THE REAL ESTATE SETTLEMENT PROCEDURES ACT; CAUSE OF ACTION FOR BREACH OF FIDUCIARY DUTY; CAUSE OF ACTION FOR FRAUD; CAUSE OF ACTION FOR VIOLATIONS OF CALIFORNIA BUSINESS & PROFESSIONS; CAUSE OF ACTION FOR BREACH OF CONTRACT; CAUSE OF ACTION FOR BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING; and CAUSE OF WRONGFUL FORECLOSURE, INSOFAR AS THEY RELATE TO DEFENDANTS: PLM LENDER SERVICES, INC.; PERFORMANCE MORTGAGE CERTIFIED FUND, LLC; VISIONARY MILESTONES, INC.; ABIDA SULTANA KHAN; JAMES HAYES, AND DOES 1-20 INCLUSIVE [FRCP 41(a)(l)(I)] ACTION FILED: OCTOBER 6, 2009

PLM LENDER SERVICES, INC.; PERFORMANCE MORTGAGE CERTIFIED FUND, LLC; VISIONARY MILESTONES, INC.; ABIDA SULTANA KHAN; JAMES HAYES and DOES 1-20 inclusive, Defendants. ___________________________________/

1 PLAINTIFF'S NOTICE OF DISMISSAL WITHOUT PREJUDICE OF ALL CAUSES OF ACTION

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Attorney for Plaintiff

aughn R Judge V

Walker

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PLEASE TAKE NOTICE that Plaintiff, Debrah K. Hall, hereby dismisses, without prejudice, her Cause of Action for Violation of the Truth In Lending Act (Count 1 of the First Amended Complaint), her Cause of Action for Violation of California Rosenthal Act (Count 2 of the First Amended Complaint), her Cause of Action for Negligence (Count 3 of the First Amended Complaint), her Cause of Action for Violation of the Real Estate Settlement Procedures Act ("RESPA") (Count 4 of the First Amended Complaint), her Cause of Action for Breach of Fiduciary Duty (Count 5 of the First Amended Complaint), her Cause of Action for Fraud (Count 6 of the First Amended Complaint), her Cause of Action for Violation of California Business and Professions Code (Count 7 of the First Amended Complaint) her Cause of Action for Breach of Contract (Count 8 of the First Amended Complaint), her Cause of Action for Breach of Good Faith and Fair Dealing (Count 9 of the First Amended Complaint), and her Cause of Action for Wrongful Foreclosure (Count 10 of the First Amended Complaint) as to Defendants PLM Lender Services, Performance Mortgage Certified Fund, LLC, Visionary Milestones, Inc., Abida Sultana Khan, James Hayes, and Does 1-20 inclusive. DATED December 16, 2009

16 Respectfully submitted 17 18 19 20 21 22 23 24 25 26 27 28
2 PLAINTIFF'S NOTICE OF DISMISSAL WITHOUT PREJUDICE OF ALL CAUSES OF ACTION

/s/Sharon L. Lapin SHARON L. LAPIN Attorney for Plaintiff Debra Hall

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CERTIFICATE OF SERVICE STATE OF CALIFORNIA ) )ss. COUNTY OF SACRAMENTO ) I am a citizen of the United States and a resident of the County of Sacramento. I am over the age of 18 years and not a party to the within above-entitled action; my business address is 2882 Prospect Park Drive, Suite 350, Rancho Cordova, CA 95670. On this date I served the foregoing document described as follows: PLAINTIFF'S NOTICE OF DISMISSAL WITHOUT PREJUDICE OF TILA AND RESPA CAUSES OF ACTION on the following interested parties in this action: SEE ATTACHED SERVICE LIST The following is the procedure in which service of this document was effected: T Facsimile, Time: P.M.; Date:

Federal Express, Priority Overnight United Parcel Service, Next Day Air United States Mail, By Electronic Mail - I hereby certify that I electronically transmitted the attached document(s) to the Clerk's Office using the CM/ECF System for filing and transmittal of Notice of Electronic Filing to the above listed CM/ECF registrants.

I declare under penalty of perjury that the foregoing is true and correct under the laws of the State of California and that this declaration was executed on December 16, 2009 at Sacramento, California. /s/Robin C. Edwards ROBIN C. EDWARDS

3 PLAINTIFF'S NOTICE OF DISMISSAL WITHOUT PREJUDICE OF ALL CAUSES OF ACTION

1 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 Lisa J Parrella, Esq. Adleson Hess & Kelly, APC 577 Salmar Avenue, 2nd Floor Campbell, CA 95008 Dennis H. Doss, Esq. Doss Law, ALC 2020 Main Street, Suite 950 Irvine, CA 92614 [e-mail] Phillip Mark Adleson, Esq. Adleson Hess & Kelly, APC 577 Salmar Avenue, 2nd Floor Campbell, CA 95008 [e-mail]

SERVICE LIST Representing Defendant: PLM Lender Services, Inc.

Representing Defendant: Performance Mortgage Certified Fund, LLC

Representing Defendant: PLM Lender Services, Inc.

4 PLAINTIFF'S NOTICE OF DISMISSAL WITHOUT PREJUDICE OF ALL CAUSES OF ACTION