Preview
APP-003
ATTORNEY OR PARTY WITHOUT ATTORNEY ‘STATE BAR NO.
Name: Spencer Y. Kook (Bar No. 205304); Travis Weil (Bar No. 191662)
FiRM NAME: Hinshaw & Culbertson LLP
STREET ADORESS: One California Street, 18th Floor
cir: San Francisco state. CA iP cope: 94111 ELECTRONICALLY
HexePHONe no: 415-362-6000 FAK NO: 415-834-9070 FILED
E-mail. ADDRESS: twall@hinshawlaw.com ‘Superior Court of California,
ATTORNEY FOR (name): Defendants Applied Underwriters, Inc., et al. County of San Francisco
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
STREET ADORESS: 400 McAllister Street Peter can
MAILING ADDRESS: 400 McAllister Street BY:MELISSA DONG
city AND zIP cove: San Francisco, CA 94102 Deputy Clerk
BRANCH NAME:
PLAINTIFFIPETITIONER: Warwick Amusements Corporation, et al.
DEFENDANT/RESPONDENT: Applied Underwriters, Inc., et al.
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL SUPERIOR COURT CASE NUMBER
(UNLIMITED CIVIL CASE) ee
- - SORT GF WEPER CASE WINGER haan
RE: Appeal filed on (date): October 10, 2018 aiesso9
Notice: Please read form APP-001 before completing this form. This form must be filed in the superior court,
not in the Court of Appeal.
4. RECORD OF THE DOCUMENTS FILED IN THE SUPERIOR COURT
l elect to use the following method of providing the Court of Appeal with a record of the documents filed in the superior court (check
@, b, C, or d, and fill in any required information):
a. A clerk's transcript under rule 8.122. (You must check (1) or (2) and fill out the clerk's transcript section on page 2 of this
form.)
(1) (J | will pay the superior court clerk for this transcript myself when { receive the clerk's estimate of the costs of this
transcript. | understand that if | do not pay for this transcript, it will not be prepared and provided to the Court of
Appeal.
(2) | request that the clerk's transcript be provided to me at no cost because | cannot afford to pay this cost. | have
submitted the following document with this notice designating the record (check (a) or (b)):
(a) [[_] An order granting a waiver of court fees and costs under rule 3.50 et seq.; or
(b) An application for a waiver of court fees and costs under rule 3.50 et seq. (Use Request to Waive Court Fees
(form FW-001) to prepare and file this application.)
b. [3€) An appendix under rule 8.124.
¢. [—_] The original superior court file under rule 8.128. (NOTE: Local rules in the Court of Appeal, First, Third, and Fourth
Appellate Districts, permit parties to stipulate to use the original superior court file instead of a clerk's transcript; you may
select this option if your appeal is in one of these districts and ail the parties have stipulated to use the onginai superior
court file instead of a clerk's transcript in this case. Attach a copy of this stipulation.)
d, An agreed statement under rule 8.134. (You must complete item 2b(2) below and attach to your agreed statement copies
of all the documents that are required to be included in the clerk's transcript. These documents are listed in rule 8.134(a).)
2. RECORD OF ORAL PROCEEDINGS IN THE SUPERIOR COURT
lelect to proceed (you must check a or b below).
a WITHOUT a record of the oral proceedings in the superior court. | understand that without a record of the oral
Proceedings in the superior court, the Court of Appeal will not be able to consider what was said during those proceedings
in determining whether an error was made in the superior court proceedings.
Page 1 of 4
Foam Approved tr Optional Use APPELLANT'S NOTICE DESIGNATING RECORDONAPPEAL , sata a oe a
‘APP-003 [Rev, January 1, 2018) (Unlimited Civil Case) ww cours ca. govAPP-003
CASE NAME-Warwick Amusements Corporation, et al. v. Applied Underwriters, Inc., et_| SUPERIOR COURT case NUMBER:
al. CGC-16-551614
2. b. [3¢] WITH the following record of the oral proceedings in the superior court (you must check (1), (2), or (3) below):
(1) (3€] A reporter's transcript under rule 8.130. (You must fill out the reporter's transcript section on page 3 of this form.) |
have (check aii that apply):
(a) [3] Deposited the approximate cost of transcribing the designated proceedings with this notice as provided in rule
8.130(b)(4).
(b} Attached a copy of a Transcript Reimbursement Fund application filed under rule 8. 130(c)(1).
{c) [-] Attached the reporter's written waiver of a deposit for (check either (i) or (i):
(i) ail of the designated proceedings.
(ii) part of the designated proceedings.
(d) Attached a certified transcript under rule 8.130(b)(3)(C).
(2) An agreed statement. (Check and complete either (a) or (b) below.)
(a) | have attached an agreed statement to this notice.
(b) [] Allthe parties have agreed in writing (stipulated) to try to agree on a statement. (You must attach a copy of this
stipulation to this notice.) | understand that, within 40 days after | file the notice of appeal, | must file either the.
agreed statement of a notice indicating the parties were unable to agree on a statement and a new notice
designating the record on appeal.
(3) A Settled statement under rule 8.137. (You must check (a), (b). or (c) below.)
{a) The oral proceedings in the superior court were not reported by a court reporter.
(b) The oral proceedings in the superior court were reported by a court reporter, but the appellant has an order
waiving his. or her court fees and is unable to pay for a reporter's transcript.
(ce) | am requesting to use a settled statement for reasons other than those listed in (a) or (b). (You must attach the
motion required under rule 8.137(b) to this form.)
3, RECORD OF AN ADMINISTRATIVE PROCEEDING TO BE TRANSMITTED TO THE REVIEWING COURT
| request that the clerk transmit to the reviewing court under rule 8.123 the record of the following administrative proceeding
that was admitted into evidence, refused, or lodged in the superior court (give the title and date or dates of the administrative
proceeding):
[ Title of Administrative Proceeding 1 | Date or Dates ]
4, NOTICE DESIGNATING CLERK'S TRANSCRIPT
(You must complete this section if you checked item 1a above indicating that you elect to use a clerk's transcript as the record of
the documents filed in the superior court.)
a. Required documents. The clerk will automatically include the following items In the clerk’s transcript, but you must provide the
date each document was filed, or if that is not available, the date the document was signed.
C Document Title and Description ] [Bate of Fiting” —_]
(1) Notice of appeal
(2) Notice designating record on appeal (this document)
(3) . Judgment or order appealed from
(4) Notice of entry of judgment (if any)
(5) Notice of intention to move for new trial or motion to vacate the judgment, for judgment
notwithstanding the verdict, or for reconsideration of an appealed order (if any)
(6) Ruling on one or more of the items listed in (5)
(7) Register of actions or docket (if any)
‘APP-003 [Rev January 1, 2018} APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 2rd
(Unlimited Civil Case)APP-003
CASE NAME: Warwick Amusements Corporation, et al. v. Applied Underwriters, Inc., et | SUPERIOR COURT CASE NUMBER:
al. CGC-16-551614
4. NOTICE DESIGNATING CLERK'S TRANSCRIPT
b. Additional documents. (if you want any documents from the Superior court proceeding in addition to the items listed in 4a,
above to be included in the clerk's transcript, you must identify those documents here.)
| request that the clerk include the following documents from the superior court proceeding in the transcript, (You must
identify each document you want included by its title and provide the date it was filed or, if that is not available, the date
the document was signed.)
Document Title and Description ~I[ Date of Filing
(8)
(9)
(10)
(14)
(12)
Additional documents are listed on Attachment 4b beginning with number (13)
c. Exhibits to be included in clerk's transcript
{ request that the clerk include in the transcript the following exhibits that were admitted in evidence, refused. or lodged in
the superior court (for each exhibit, give the exhibit number, such as Plaintiff's #1 or Defendant's A, and a brief description
of the exhibit. Indicate whether or not the court admitted the exhibit into evidence):
[[Extibit Number] [ Description —] [Admitted (vesiNo) |
(1)
(2)
(3)
(4)
(5)
7 Additional exhibits are listed on Attachment 4c beginning with number (6).
5. NOTICE DESIGNATING REPORTER'S TRANSCRIPT
You must complete both a and b in this section if you checked item 2b(1) above indicating that you elect to use a reporter's
transcript as the record of the oral proceedings in the superior court. Please remember that you must pay for the cost of preparing
the reporter's transcript.
a. | request that the reporters provide (check one):
(ty My copy of the reporter's transcript in electronic format.
(2) My copy of the reporter's transcript in paper format.
(3) [[%] My copy of the reporter's transcript in electronic format and a second copy in paper format.
(Code Civ. Proc., § 271.)
-APP-008 Rev. January 1. 2018] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 3.084
(Unlimited Civil Case)APP.003
‘CASE NAME:Warwick Amusements Corporation, et al. v. Applied Underwriters, Inc., et | SUPERIOR COURT CASE NUMBER: ~]
al. CGC-16-551614
5. b. Proceedings
| request that the following proceedings in the superior court be included in the reporter's transcript. (You must identify each
proceeding you want included by its date, the department in which it took place, a description of the proceedings—for example,
the examination of jurors, motions before trial, the taking of testimony, or the giving of jury instructions—and the name of the
court reporter who recorded the proceedings [if known], and whether a certified transcript of the designated proceeding was
previously prepared.)
Date [Department [Full/Partial Day Description ~[__Reporter's Name | Prev. prepared?
(1)05/23/2018 306 Full Day Trial Proceedings Nicole Jacobs, CSR, RPR [x] Yes No
(2)05/24/2018 306 Full Day Trial Proceedings Nicole Jacobs, CSR, RPR [x] Yes No
(3)05/29/2018 306 Full Day Trial Proceedings Debra L. Acevedo- ] Yes {] No
Ramirez, RPR, CSR
(4)05/30/2018 306 Full Day Trial Proceedings Debra L. Acevedo- fe] Yes No
Ramirez, RPR, CSR
x] Additional proceedings are listed on Attachment 5b beginning with number (5).
6. NOTICE DESIGNATING PROCEEDINGS TO BE INCLUDED IN SETTLED STATEMENT
{You must complete this section if you checked item 2b(3) above indicating you elect to use a settied statement.) | request that
the following proceedings in the superior court be included in the settled statement. (You must identify each proceeding you
want included by its date, the department in which it took place, a description of the proceedings—for example, the examination
of jurors, motions before trial, the taking of testimony, or the giving of jury instructions— and, if applicable, the name of the court
reporter who recorded the proceedings [if known}, and whether a certified transcript of the designated proceeding was
previously prepared.)
[Bate [Department] Full/Partial Day Description Reporter's Name__| Prev. prepared?
a) ix] Yes No
(2) fe] Yes No
(3) x] Yes No
(4) fq Yes No
[“7] Additional proceedings are listed on Attachment 6 beginning with number (5).
7. a. The proceedings designated in 5bor6 [7X] include do notinciude _ alll of the testimony in the superior court.
b. Ifthe designated proceedings DO NOT include all of the testimony, state the points that you intend to raise on appeal (rule
8.130(a)(2) provides that your appeal will be limited to these points unless, on motion, the reviewing court permits otherwise),
Points are set forth: [x] Below [__] On Attachment 7.
‘The form's default will not allow the box above to be unchecked. Pursuant to California Rule of Court, Rule 8.130(a)(2), this
section is not applicable since appellants are designating all testimony from above.
Date: November 15, 2018 io ~ a
Travis Wall >
TYPE OR ORINT NAME) (SIGNATURE OF APPELLANT OR ATTORNEY)
AO nua al APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Pese Ast
(Unlimited Civil Case)APPELLANT’S NOTICE DESIGNATING RECORD ON APPEAL
Attachment 5(b)
No
Date
Department
Full/Partial
Day
Description
Reporter’s
Name
Prev.
Prepared?
05/31/2018
306
Full Day
Trial Proceedings
Debra L.
Acevedo-
Ramirez, RPR,
CSR
Yes
(6)
08/17/2018
306
Partial Day
Hearing on Judge’s
Statement of Decision
Debra L.
Acevedo-
Ramirez, RPR,
CSR
‘YesCERTIFICATE OF SERVICE
WARWICK AMUSEMENTS CORPORATION, a Delaware corporation, WARWICK
CALIFORNIA CORPORATION, a California corporation, WARWICK DENVER
CORPORATION, a Delaware corporation, WSF BEVERAGE CORPORATION, a California
corporation, WARWICK MELROSE DALLAS CORPORATION, a Delaware corporation,
SILVER AUTUMN HOTEL (N.Y.) CORPORATION, LTD., a Delaware corporation v.
APPLIED UNDERWRITERS, INC., a Nebraska corporation, APPLIED UNDERWRITERS
CAPTIVE RISK ASSURANCE COMPANY, INC., an Iowa corporation, CALIFORNIA
INSURANCE COMPANY, a California corporation, CONTINENTAL INDEMNITY
COMPANY, an Iowa corporation, APPLIED RISK SERVICES, INC., a New York corporation,
and DOES 1 through 50, inclusive
CGC-16-551614
STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO:
Iam a citizen of the United States and employed in San Francisco, California, at the office of a
member of the bar of this Court at whose direction this service was made. I am over the age of 18 and
not a party to the within actions; my business address is One California Street
18th Floor, San Francisco, California 94111.
On November 15, 2018, I served the following document(s), on the interested parties in this
action as stated below:
¢ APPELLANTS’ NOTICE DESIGNATING RECORD ON APPEAL
Nicholas P. Roxborough, Esq.
Joseph C. Gjonola, Esq.
Ryan R. Salsig, Esq.
Roxborough, Pomerance, Nye & Adreani, LLP
5820 Canoga Avenue, Suite 250
Woodland Hills, CA 91367
Telphone: (818) 992-9999
Facsimile: (818) 992-9991
Email: npr@rpnalaw.com; jdg@rpnalaw.com; rrs@rpnalaw.com; lucy@rpnalaw.com
Attorneys for Plaintiff
Larry J. Lichtenegger, Esq.
The Lichtenegger Law Office
3850 Rio Road, #58
Carmel, CA 93923
Telephone: (831) 626-2801
Facsimile: (831) 886-1639
Email: lawyer@mbay.net
Attorneys for Plaintiff
x (BY ELECTRONIC SERVICE): Pursuant to SFSC Local Rule 2.10(Q), California Rule of
Court §2.253(b)(2) and CCP §1010.6, I caused the documents to be served by electronic transmission
via File & ServeXpress, deemed to be served on this day if e-served by the close of business day for
this Court on the party indicated above.
I declare under penalty of perjury under the laws of the United States that the above is true and
correct and was executed on November 15, 2018, at San Francisco, California.
Te.
Sherie McLean
2
PROOF OF SERVICE FOR APPELLANTS’ NOTICE DESIGNATING RECORD ON APPEAL
Case No. CGC-16-551614
Preview
APP-003 ATTORNEY OR PARTY WITHOUT ATTORNEY ‘STATE BAR NO. Name: Spencer Y. Kook (Bar No. 205304); Travis Weil (Bar No. 191662) FiRM NAME: Hinshaw & Culbertson LLP STREET ADORESS: One California Street, 18th Floor cir: San Francisco state. CA iP cope: 94111 ELECTRONICALLY HexePHONe no: 415-362-6000 FAK NO: 415-834-9070 FILED E-mail. ADDRESS: twall@hinshawlaw.com ‘Superior Court of California, ATTORNEY FOR (name): Defendants Applied Underwriters, Inc., et al. County of San Francisco SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO STREET ADORESS: 400 McAllister Street Peter can MAILING ADDRESS: 400 McAllister Street BY:MELISSA DONG city AND zIP cove: San Francisco, CA 94102 Deputy Clerk BRANCH NAME: PLAINTIFFIPETITIONER: Warwick Amusements Corporation, et al. DEFENDANT/RESPONDENT: Applied Underwriters, Inc., et al. APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL SUPERIOR COURT CASE NUMBER (UNLIMITED CIVIL CASE) ee - - SORT GF WEPER CASE WINGER haan RE: Appeal filed on (date): October 10, 2018 aiesso9 Notice: Please read form APP-001 before completing this form. This form must be filed in the superior court, not in the Court of Appeal. 4. RECORD OF THE DOCUMENTS FILED IN THE SUPERIOR COURT l elect to use the following method of providing the Court of Appeal with a record of the documents filed in the superior court (check @, b, C, or d, and fill in any required information): a. A clerk's transcript under rule 8.122. (You must check (1) or (2) and fill out the clerk's transcript section on page 2 of this form.) (1) (J | will pay the superior court clerk for this transcript myself when { receive the clerk's estimate of the costs of this transcript. | understand that if | do not pay for this transcript, it will not be prepared and provided to the Court of Appeal. (2) | request that the clerk's transcript be provided to me at no cost because | cannot afford to pay this cost. | have submitted the following document with this notice designating the record (check (a) or (b)): (a) [[_] An order granting a waiver of court fees and costs under rule 3.50 et seq.; or (b) An application for a waiver of court fees and costs under rule 3.50 et seq. (Use Request to Waive Court Fees (form FW-001) to prepare and file this application.) b. [3€) An appendix under rule 8.124. ¢. [—_] The original superior court file under rule 8.128. (NOTE: Local rules in the Court of Appeal, First, Third, and Fourth Appellate Districts, permit parties to stipulate to use the original superior court file instead of a clerk's transcript; you may select this option if your appeal is in one of these districts and ail the parties have stipulated to use the onginai superior court file instead of a clerk's transcript in this case. Attach a copy of this stipulation.) d, An agreed statement under rule 8.134. (You must complete item 2b(2) below and attach to your agreed statement copies of all the documents that are required to be included in the clerk's transcript. These documents are listed in rule 8.134(a).) 2. RECORD OF ORAL PROCEEDINGS IN THE SUPERIOR COURT lelect to proceed (you must check a or b below). a WITHOUT a record of the oral proceedings in the superior court. | understand that without a record of the oral Proceedings in the superior court, the Court of Appeal will not be able to consider what was said during those proceedings in determining whether an error was made in the superior court proceedings. Page 1 of 4 Foam Approved tr Optional Use APPELLANT'S NOTICE DESIGNATING RECORDONAPPEAL , sata a oe a ‘APP-003 [Rev, January 1, 2018) (Unlimited Civil Case) ww cours ca. govAPP-003 CASE NAME-Warwick Amusements Corporation, et al. v. Applied Underwriters, Inc., et_| SUPERIOR COURT case NUMBER: al. CGC-16-551614 2. b. [3¢] WITH the following record of the oral proceedings in the superior court (you must check (1), (2), or (3) below): (1) (3€] A reporter's transcript under rule 8.130. (You must fill out the reporter's transcript section on page 3 of this form.) | have (check aii that apply): (a) [3] Deposited the approximate cost of transcribing the designated proceedings with this notice as provided in rule 8.130(b)(4). (b} Attached a copy of a Transcript Reimbursement Fund application filed under rule 8. 130(c)(1). {c) [-] Attached the reporter's written waiver of a deposit for (check either (i) or (i): (i) ail of the designated proceedings. (ii) part of the designated proceedings. (d) Attached a certified transcript under rule 8.130(b)(3)(C). (2) An agreed statement. (Check and complete either (a) or (b) below.) (a) | have attached an agreed statement to this notice. (b) [] Allthe parties have agreed in writing (stipulated) to try to agree on a statement. (You must attach a copy of this stipulation to this notice.) | understand that, within 40 days after | file the notice of appeal, | must file either the. agreed statement of a notice indicating the parties were unable to agree on a statement and a new notice designating the record on appeal. (3) A Settled statement under rule 8.137. (You must check (a), (b). or (c) below.) {a) The oral proceedings in the superior court were not reported by a court reporter. (b) The oral proceedings in the superior court were reported by a court reporter, but the appellant has an order waiving his. or her court fees and is unable to pay for a reporter's transcript. (ce) | am requesting to use a settled statement for reasons other than those listed in (a) or (b). (You must attach the motion required under rule 8.137(b) to this form.) 3, RECORD OF AN ADMINISTRATIVE PROCEEDING TO BE TRANSMITTED TO THE REVIEWING COURT | request that the clerk transmit to the reviewing court under rule 8.123 the record of the following administrative proceeding that was admitted into evidence, refused, or lodged in the superior court (give the title and date or dates of the administrative proceeding): [ Title of Administrative Proceeding 1 | Date or Dates ] 4, NOTICE DESIGNATING CLERK'S TRANSCRIPT (You must complete this section if you checked item 1a above indicating that you elect to use a clerk's transcript as the record of the documents filed in the superior court.) a. Required documents. The clerk will automatically include the following items In the clerk’s transcript, but you must provide the date each document was filed, or if that is not available, the date the document was signed. C Document Title and Description ] [Bate of Fiting” —_] (1) Notice of appeal (2) Notice designating record on appeal (this document) (3) . Judgment or order appealed from (4) Notice of entry of judgment (if any) (5) Notice of intention to move for new trial or motion to vacate the judgment, for judgment notwithstanding the verdict, or for reconsideration of an appealed order (if any) (6) Ruling on one or more of the items listed in (5) (7) Register of actions or docket (if any) ‘APP-003 [Rev January 1, 2018} APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 2rd (Unlimited Civil Case)APP-003 CASE NAME: Warwick Amusements Corporation, et al. v. Applied Underwriters, Inc., et | SUPERIOR COURT CASE NUMBER: al. CGC-16-551614 4. NOTICE DESIGNATING CLERK'S TRANSCRIPT b. Additional documents. (if you want any documents from the Superior court proceeding in addition to the items listed in 4a, above to be included in the clerk's transcript, you must identify those documents here.) | request that the clerk include the following documents from the superior court proceeding in the transcript, (You must identify each document you want included by its title and provide the date it was filed or, if that is not available, the date the document was signed.) Document Title and Description ~I[ Date of Filing (8) (9) (10) (14) (12) Additional documents are listed on Attachment 4b beginning with number (13) c. Exhibits to be included in clerk's transcript { request that the clerk include in the transcript the following exhibits that were admitted in evidence, refused. or lodged in the superior court (for each exhibit, give the exhibit number, such as Plaintiff's #1 or Defendant's A, and a brief description of the exhibit. Indicate whether or not the court admitted the exhibit into evidence): [[Extibit Number] [ Description —] [Admitted (vesiNo) | (1) (2) (3) (4) (5) 7 Additional exhibits are listed on Attachment 4c beginning with number (6). 5. NOTICE DESIGNATING REPORTER'S TRANSCRIPT You must complete both a and b in this section if you checked item 2b(1) above indicating that you elect to use a reporter's transcript as the record of the oral proceedings in the superior court. Please remember that you must pay for the cost of preparing the reporter's transcript. a. | request that the reporters provide (check one): (ty My copy of the reporter's transcript in electronic format. (2) My copy of the reporter's transcript in paper format. (3) [[%] My copy of the reporter's transcript in electronic format and a second copy in paper format. (Code Civ. Proc., § 271.) -APP-008 Rev. January 1. 2018] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 3.084 (Unlimited Civil Case)APP.003 ‘CASE NAME:Warwick Amusements Corporation, et al. v. Applied Underwriters, Inc., et | SUPERIOR COURT CASE NUMBER: ~] al. CGC-16-551614 5. b. Proceedings | request that the following proceedings in the superior court be included in the reporter's transcript. (You must identify each proceeding you want included by its date, the department in which it took place, a description of the proceedings—for example, the examination of jurors, motions before trial, the taking of testimony, or the giving of jury instructions—and the name of the court reporter who recorded the proceedings [if known], and whether a certified transcript of the designated proceeding was previously prepared.) Date [Department [Full/Partial Day Description ~[__Reporter's Name | Prev. prepared? (1)05/23/2018 306 Full Day Trial Proceedings Nicole Jacobs, CSR, RPR [x] Yes No (2)05/24/2018 306 Full Day Trial Proceedings Nicole Jacobs, CSR, RPR [x] Yes No (3)05/29/2018 306 Full Day Trial Proceedings Debra L. Acevedo- ] Yes {] No Ramirez, RPR, CSR (4)05/30/2018 306 Full Day Trial Proceedings Debra L. Acevedo- fe] Yes No Ramirez, RPR, CSR x] Additional proceedings are listed on Attachment 5b beginning with number (5). 6. NOTICE DESIGNATING PROCEEDINGS TO BE INCLUDED IN SETTLED STATEMENT {You must complete this section if you checked item 2b(3) above indicating you elect to use a settied statement.) | request that the following proceedings in the superior court be included in the settled statement. (You must identify each proceeding you want included by its date, the department in which it took place, a description of the proceedings—for example, the examination of jurors, motions before trial, the taking of testimony, or the giving of jury instructions— and, if applicable, the name of the court reporter who recorded the proceedings [if known}, and whether a certified transcript of the designated proceeding was previously prepared.) [Bate [Department] Full/Partial Day Description Reporter's Name__| Prev. prepared? a) ix] Yes No (2) fe] Yes No (3) x] Yes No (4) fq Yes No [“7] Additional proceedings are listed on Attachment 6 beginning with number (5). 7. a. The proceedings designated in 5bor6 [7X] include do notinciude _ alll of the testimony in the superior court. b. Ifthe designated proceedings DO NOT include all of the testimony, state the points that you intend to raise on appeal (rule 8.130(a)(2) provides that your appeal will be limited to these points unless, on motion, the reviewing court permits otherwise), Points are set forth: [x] Below [__] On Attachment 7. ‘The form's default will not allow the box above to be unchecked. Pursuant to California Rule of Court, Rule 8.130(a)(2), this section is not applicable since appellants are designating all testimony from above. Date: November 15, 2018 io ~ a Travis Wall > TYPE OR ORINT NAME) (SIGNATURE OF APPELLANT OR ATTORNEY) AO nua al APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Pese Ast (Unlimited Civil Case)APPELLANT’S NOTICE DESIGNATING RECORD ON APPEAL Attachment 5(b) No Date Department Full/Partial Day Description Reporter’s Name Prev. Prepared? 05/31/2018 306 Full Day Trial Proceedings Debra L. Acevedo- Ramirez, RPR, CSR Yes (6) 08/17/2018 306 Partial Day Hearing on Judge’s Statement of Decision Debra L. Acevedo- Ramirez, RPR, CSR ‘YesCERTIFICATE OF SERVICE WARWICK AMUSEMENTS CORPORATION, a Delaware corporation, WARWICK CALIFORNIA CORPORATION, a California corporation, WARWICK DENVER CORPORATION, a Delaware corporation, WSF BEVERAGE CORPORATION, a California corporation, WARWICK MELROSE DALLAS CORPORATION, a Delaware corporation, SILVER AUTUMN HOTEL (N.Y.) CORPORATION, LTD., a Delaware corporation v. APPLIED UNDERWRITERS, INC., a Nebraska corporation, APPLIED UNDERWRITERS CAPTIVE RISK ASSURANCE COMPANY, INC., an Iowa corporation, CALIFORNIA INSURANCE COMPANY, a California corporation, CONTINENTAL INDEMNITY COMPANY, an Iowa corporation, APPLIED RISK SERVICES, INC., a New York corporation, and DOES 1 through 50, inclusive CGC-16-551614 STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO: Iam a citizen of the United States and employed in San Francisco, California, at the office of a member of the bar of this Court at whose direction this service was made. I am over the age of 18 and not a party to the within actions; my business address is One California Street 18th Floor, San Francisco, California 94111. On November 15, 2018, I served the following document(s), on the interested parties in this action as stated below: ¢ APPELLANTS’ NOTICE DESIGNATING RECORD ON APPEAL Nicholas P. Roxborough, Esq. Joseph C. Gjonola, Esq. Ryan R. Salsig, Esq. Roxborough, Pomerance, Nye & Adreani, LLP 5820 Canoga Avenue, Suite 250 Woodland Hills, CA 91367 Telphone: (818) 992-9999 Facsimile: (818) 992-9991 Email: npr@rpnalaw.com; jdg@rpnalaw.com; rrs@rpnalaw.com; lucy@rpnalaw.com Attorneys for Plaintiff Larry J. Lichtenegger, Esq. The Lichtenegger Law Office 3850 Rio Road, #58 Carmel, CA 93923 Telephone: (831) 626-2801 Facsimile: (831) 886-1639 Email: lawyer@mbay.net Attorneys for Plaintiff x (BY ELECTRONIC SERVICE): Pursuant to SFSC Local Rule 2.10(Q), California Rule of Court §2.253(b)(2) and CCP §1010.6, I caused the documents to be served by electronic transmission via File & ServeXpress, deemed to be served on this day if e-served by the close of business day for this Court on the party indicated above. I declare under penalty of perjury under the laws of the United States that the above is true and correct and was executed on November 15, 2018, at San Francisco, California. Te. Sherie McLean 2 PROOF OF SERVICE FOR APPELLANTS’ NOTICE DESIGNATING RECORD ON APPEAL Case No. CGC-16-551614