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Withdrawal of Pendency of Action -Schumacher 2012-03364831 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 RECORDING REQUESTED BY: Robert C. Martinez, Esq. McDougal, Love, Eckis, Boehmer & Foley 8100 La Mesa Blvd. Suite 200 La Mesa, CA 91942 WHEN RECORDED MAIL TO: Robert C. Martinez, Esq. McDougal, Love, Eckis, Boehmer & Foley 8100 La Mesa Blvd. Suite 200 La Mesa, CA 91942 CITY OF POWAY, vs. THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON JUN 08, 2012 DOCUMENT NUMBER 2012- 0336463 Ernest J. Dronenburg, Jr_ COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME: 3:03 PM (Space for Recorder's Use Only) SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO Plaintiff, LEONARD SCHUMACHER, an individual, BARBARA SCHUMACHER, an individual, and DOES 1 through 25, inclusive, Defendants. CASE NO: 2009 - 00091163- CU- EI -CTL NOTICE OF WITHDRAWAL OF PENDENCY OF ACTION (CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 405.50�—ACKNOWLEDGED BY NOTARY PBULIC AS REQUIRED BY CIVIL CODE SECTION 1181 APN: 321 - 012 -55 (SCHUMACHER) PLEASE TAKE NOTICE that Plaintiff, CITY OF POWAY ( "Plaintiff'), in the above - captioned action, withdraws the lis pendens on the real property situated in the County of San Diego, 1 NOTICE OF WITHDRAWAL OF PENDENCY OF ACTION California, described as 14218 High Valley Road, Poway, California, APN: 321 - 012 -55. The parties to said action are set forth in the title to the action. Dated: June 8, 2012 01 1 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 +02:31 McDOUGAL, LOVE, ECKIS BOEHMER & FOLEY By: Steven E. Boehmer Robert C. Martinez Attorneys for the City of Poway 2 NOTICE OF WITHDRAWAL OF PENDENCY OF ACTION 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 221 23 2511 27 28 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) before _�, a Notary Public, personally appeared '.�� � �, ," -kW- -7 _ ---- , who proved to me on the basis of satisfactory evidence to be the person whose namej(srj is subscribed to the within instrument and acknowledged to me that sl �key� executed the same in authorized capacity(�es�j; and that by �u�IteiY signatures j'on the instrument the person, or the entity upon behalf of which the person,(aracted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. REBECCA CEASE Commission # 1914254 Notary Public • California San Diego County M Comm. Ex Tres Dec 21, 2014 Signature (SEAL) 3 NOTICE OF WITHDRAWAL OF PENDENCY OF ACTION 2 3 4 5 6 7 8 9 10 11 12! 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City of Poway v. Schumacher Case No. 37- 2009- 00091163- CU- EI -CTL PROOF OF SERVICE At the time of service I was over 18 years of age and not a parry to this action. My business address is 8100 La Mesa Blvd., Suite 200, La Mesa, CA 91942. On June 8, 2011, I served the following document: NOTICE OF WITHDRAWAL OF PENDENCY OF ACTION (CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 405.50) — ACKNOWLEDGED BY NOTARY PUBLIC AS REQUIRED BY CIVIL CODE SECTION 1181 ❑By fax transmission. Based on an agreement of the parties to accept service by fax transmission, I faxed the documents to the persons at the fax numbers listed below by 5:00 p.m. No error was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out, is attached. By United States mail. I enclosed the documents in a sealed envelope or package addressed to the persons at the addresses other than 8100 La Mesa Blvd., La Mesa, California, 91942. I placed the envelope for collection and mailing, 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. By Personal service. I caused said documents to be hand - delivered to the addressee at ❑ 330 West Broadway, Department C -67, on June 8, 2011, pursuant to Code of Civil Procedure § 1011. ❑By overnight delivery. I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresses listed below. I deposited the envelope or package for collection and overnight delivery pursuant to Code of Civil Procedure § 1013(c). ❑By e-mail or electronic transmission. Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the e-mail addresses listed below by 5:00 p.m. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. I declare under penalty of perjury under the laws of the State of California that the above is true and correct and that this proof of service was executed on June 8, 2012, in San Diego, California. PROOF OF SERVICE 1 2 3 5 6 7 8 10 11 12 13 14 15 16 17 18 19 21 22 23 24 25 26 27 28 SERVICE ADDRESS LIST City of Poway v. Schumacher Case No. 37- 2009 - 00091163- CU- EI -CTL CAMPBELL, LAUTER & MURPHY William K. Koska, Esq. Jon Van de Grift, Esq. 5040 Shoreham Place, Suite 150 San Diego, CA 92122 858 - 546 -1122; 858 -546 -1188 (fax) wkoskaekoskalaw.com Attorneys for Defendants Leonard Schumacher and Barbara Schumacher 2 PROOF OF SERVICE