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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Jan-13-2014 1:36 pm
Case Number: CUD-13-644474
Filing Date: Jan-13-2014 1:35
Filed by: JEAN KONG
Juke Box: 001 Image: 04339292 :
GENERIC CIVIL FILING (NO FEE)
NASIR PATEL VS. MARK THOMAS EDWARDS
001004339292
Instructions:
Please place this sheet on top of the document to be scanned.SUPERIOR COURT OF CALIFORNIA Superior Cor dD
COUNTY OF SAN FRANCISCO Soamey of Sen Fraetseo
APPEALS DIVISION dats 13 2014
NASIR PATEL ) NO. CUD-13-644474 GLERK OF THE COURT
) BY
Plaintiff/Respondent, } CLERK’S NOTICE OF FILING OF uty
) NOTICE OF APPEAL
vs. )
)
_ MARK THOMAS EDWARDS )
)
Defendant/Appellant )
)
Attached is a copy of the Notice of Appeal filed in this case on January 7, 2014.
DATED: 01/13/2014 CLERK OF THE COURT
CC: Judge Harry M. Dorfman By: Oe doce
ed Sean KongyDeputy
CERTIFICATE OF SERVICE BY MAIL
(Code Civ. Proc. § 1013a(4))
I, Jean Kong, deputy clerk of the Superior Court for the County of San Francisco, certify that:
y Iam not a party to this action;
2) On 01/13/2014, I served the attached:
CLERK’S NOTICE OF FILING OF NOTICE OF APPEAL
. by placing a copy thereof in a sealed envelope, addressed as follows:
Mark Thomas Edwards Daniel Cheung
GENERAL DELIVERY BORNSTEIN & BORNSTEIN
101 Hyde Street 507 Polk Street, Suite 410
San Francisco, CA 94109 San Francisco, CA 94102
and
3) I then placed the sealed envelope in the outgoing mail at 400 McAllister Street,
San Francisco, CA 94102, on the date indicated above for collection, attachment of required
prepaid postage, and mailing on that date following standard court practices.
DATED: 01/13/2014 CLERK OF THE COURT
By:
Loy
Gdan Kobe, Deputy ClerkNotice of Appeal/Cross-Appeal
(Limited Civil Case)
Instructions
+ This form is only for appealing in a limited civil case. You can get other
forms for appealing in criminal cases at any courthonse or county law library
or online at www.courtinfo.ca.goviforms.
+ Before you fill out this form, read information on Appeal Procedures, for
Limited Civil Cases (form APP-101-INFO) to know your rights and
responsibilities. You can get form APP-101-INFO at any courthouse or
county !aw library or online at www.courtinfo.ca.gov/forms.
* You must serve and file this form no later than 30 days after the trial
court mails or a party serves a document called a Notice of Entry of the
trial court judgment or a file-stamped copy of the judgment or 90 days after
entry of judgment, whichever is earlier (see rule 8.823 of the California
Rules of Court for very limited exceptions). If your notice of appeal is
late, your appeal will be dismissed.
+ Fill out this form dnd make a copy of the completed form for your records
and for each of the other parties.
«Serve a copy of the completed form on each of the other parties and keep
proof of this servide. You can get information about how to serve court
papers and proof of service from What Is Proof of Service? (form
‘APP-109-INFO) ahd on the California Courts Online Self-Help Center at
www.courtinfo.ca.gow/selfhelplowcost/getready.himitserving.
Take or mail the oiginal completed form and proof of service on the other
parties to the clerk’s office for the same court that issued the judgment or
order you are appealing. It is 2 good idea to take or mail an extra copy to the
clerk and ask the clerk to stamp it to show that the original has been filed.
G) Your Information
a. Name of appellant (the party who is filing this appeal):
: da zo
oe
Clerk stamps date here when form is fled.
FILED
JAN 07 2014
on OE JHE Count
: uty Cia
You fill in the name and street address of the
court that issued the judgment or order you are
appealing:
‘Superior Court of California, Gounty of
Saw FRANK Soe
Yeu (UA SE SO
SF y Ce F¥fo2
‘You fil in the number and name of the trial court
ase in which you are anpeeting the judgment or
order:
Trial Court Case Number:
CUO 4LES*IT
Trial Court Gase Name:
Naser L. Ebina hor
The clerk will fil! in the number below:
Appellate Division Gase Number:
SM
Pe
b. Appellant's ‘contact information (skip this if the appellant has a lawyer for this
Street address: Ze, ral loca reg
i Sear ae
Mailing address (if di
ing addtess (i7diferent) Sweat oy State
Phone: _(_:_) E-mail (optional: La sinc beanctad yen @ tract Cau
4
c.. Appellant's lawyer (skip this an
t does not have a lawyer for this appeal):
Name: Lh State Bar number:
Street address:
° ‘Street iy State Zip
Mailing address (if different):
: ‘Steet Cy Stale Zip
Phone: {_/_) E-mail (optional):
Fax (optional): (__)
Judicial Counc of California, www. courtinto.ca. gov N ice APP-402, Page 1 of 3
ie may 2, Opa Fam lotice of Appeal/Cross-Appeal »
{Limited Civil Case)
[American LagaiNe, ic.
ww FormalWordetow.com|
appeal}: - a /
Lol bode ie SE IF Ca Pop‘Trial Court Case Name;
PrFf v Eka se | OUN B94 9
(2) this is (check gor b):
a. he first: appeal in this case.
b. El A cross-appeal (an appeal filed after the first appeal in this case (complete (2), (2), and (3).
(1) ‘Theinotice of appeal in the first appeal was filed on (fill in the date that the other party filed its notice of
appeal in this ease):
(2) ‘The-rial court clexk mailed notice of the first appeal on (fil i the date that the clerk mailed the notice of
the other party's appeal in this case):
(3) The'appellate division case number for the first appeal is (fill in the appellate division case number af the
other party's appeal, if you know it):
@) Judgment ot Order You Are Appealing
I one appealing (check a or b):
a The final judgment in the trial court case identified in the box on page 1 of this, hoo — .
\ ‘
‘The date(the trial court entered this judgment was (fill in the date): POP Cie “ 8 2
b. Other, |
(1) EXAn order made after final judgment in the case. oS.
“ ‘The date the trial court entered this order was (fill in the date): Dé. Caer bef oy Le
Qo An order changing or refusing to change the place of trial (venue).
The date the trial court entered this order was ((211 in the date):.
(3) (3 An order granting a motion to quash service of summons.
‘The date the trial court entered this order was (fill in the date):
(4) C2 Am order granting a motion to stay or dismiss the action on the ground of inconvenient forum.
The date the trial court entered this order was (fill in the date):
oO An order granting a new trial.
~... trial court entered this order was (fill in the date):
(6) (4An order denying a motion for judgment notwithstanding the verdict. /'), o,
“Phe date the trial court entered this ordex was (fil in the date): sti De Ce anbec © e 2 (3
(7) (“An order granting or dissolving an injunction or refusing to grant or dissolve an injunction. a
‘The date the trial court entered this order was (fill in the date): Te De CAL P
New January 1, 2000 Notice of Appeal/Cross-Appeal APP-102, Page 2 of 3
: (Limited Givit Case) ?‘ Trial Court Case Number:
Trial Court Case Name: fat. ef Ls Exboa tbe Cl) Z FE Z&
G3) (continued)
att An order appointing a receiver.
The date the tial court entered this order was (fl! nthe date):_@~ 2 —/7 J
(9) C1 Other action (please describe and indicate the date the trial court took the action you are
appealing): .
: Ss bat ac foodewe re (=
i
@ Record Preparation Election
Complete this section only if you are filing the first appeal in this case. If you are filing a cross-appeal, skip this
section and go to the signature line. .
Check a or b if "you are filing the first appeal in this case:
a. C} Thave/My client has completed Notice Designating Record on Appeal (Limited Civil Case)
(form APP-103) and attached it to this notice of appeal,
b. C1 YMy client will complete Notice Designating Record on Appeal (Limited Civil Case) (form APP-103) later,
understand that I must file this notice in the trial court within 10 days of the date ! file this notice of
appeal. |
REMINDER; Except In the very limited circumstances listed in rule 8.823, you must serve and file
this form no later than (1) 30 days after the trial court clerk malls or a party serves elther a
document called a Notice of Entry of the trial court Judgment or a file-stamped copy of the
judgment or (2) within 90 days after entry of judgment, whichever is eatlier. If your notice of appeal
is late, your appeal will be dismissed.
Lente. SEW AL Forme EO
Type.or print your name Signature of appellan/cross-appeliant or attorney
» New fanaay 1 2000 . Notice of Appeal/Cross-Appeal ‘APP-102, Paga 3 of 3
{Limited Civil Case)EDWARDS, MARK APPEALLATE GROUNDS OF APPEAL
App. No. #
Supr. Ct, CUD-644474
January 6, 2014
1) Committed Repetitive “Structural Error” in violations of Arizona Fulminante, 499 U.S. 279, 309
(1991), Zapata OffShore Co., 407 U.S, | (1972) Carnival Cruise Lines, Inc. v, Shute, 499 U.S. 585 (1991)
wv. 105 (1991) ULS.S, 458 .., 16B.29 Retaliatory Eviction
2) Abuse of the Process — Judicial Misconduct pursuant Code of Civil Procedure §1209 (12)
A) Judicial Misconduct — Disturbing Trial Judges Decision
B) Judicial Misconduct — Failure of Appellant Entitle Procedure Safeguards
C) Judicial Misconduct — Iegal Waving of Appellant’s Constitutional Rights Over
Objection to Tainted Held Proceedings In Violation of Due process
D) Judicial Misconduct - Appellant Legal Right for Dismissal of Proceeding
and process bear sufficient constitutional standings
3) Appellant Due Process and Procedure Safeguards against Their Prejudicial Effects
California Constitution - ADA Person 1990.
4) Discovery of New Evidences of CCP §473, 1598
2014 California Rules of Court Rule 3.906. Motion to withdraw stipulation
{a) Good cause requirement: (irreparable harm committed by farce and sham by plaintiff)
b) Fraudulent Plead Solicited by Plaintiff and His Agent in Bad Faith - violation of Civil Code
§1709-10, by means obstructing administrative justice in this case.
5} Timing - Inadequate Notice - ex parte when notice of an ex parte application is given, the person
giving notice must state with specificity the grounds.
Failure of Service and/or Adequate Notice to Opposing Party
- Prior to Hearing CCP §413. 20, 415.40-50
a) Date of filing conflicting Interest of Appellant Fundamental Fairness to raise
opposition claim
b) Plaintiff failure to provide Appellant with sufficient Notice — ex parte by unethical
means is merit of a colorable claim to procedure safeguard.
6) Appellant repetitively denied APPLICIATION of Anti - Slapp Law Code of Civil Procedure §
425.16 Concerning - § 374.12 Jurisdiction Limited to Code Civ. Proc. § 1008
a) California Cede of Civil Procedure § 425.18 [SLAPPBack Statute] applicable
Preview
OO SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Jan-13-2014 1:36 pm Case Number: CUD-13-644474 Filing Date: Jan-13-2014 1:35 Filed by: JEAN KONG Juke Box: 001 Image: 04339292 : GENERIC CIVIL FILING (NO FEE) NASIR PATEL VS. MARK THOMAS EDWARDS 001004339292 Instructions: Please place this sheet on top of the document to be scanned.SUPERIOR COURT OF CALIFORNIA Superior Cor dD COUNTY OF SAN FRANCISCO Soamey of Sen Fraetseo APPEALS DIVISION dats 13 2014 NASIR PATEL ) NO. CUD-13-644474 GLERK OF THE COURT ) BY Plaintiff/Respondent, } CLERK’S NOTICE OF FILING OF uty ) NOTICE OF APPEAL vs. ) ) _ MARK THOMAS EDWARDS ) ) Defendant/Appellant ) ) Attached is a copy of the Notice of Appeal filed in this case on January 7, 2014. DATED: 01/13/2014 CLERK OF THE COURT CC: Judge Harry M. Dorfman By: Oe doce ed Sean KongyDeputy CERTIFICATE OF SERVICE BY MAIL (Code Civ. Proc. § 1013a(4)) I, Jean Kong, deputy clerk of the Superior Court for the County of San Francisco, certify that: y Iam not a party to this action; 2) On 01/13/2014, I served the attached: CLERK’S NOTICE OF FILING OF NOTICE OF APPEAL . by placing a copy thereof in a sealed envelope, addressed as follows: Mark Thomas Edwards Daniel Cheung GENERAL DELIVERY BORNSTEIN & BORNSTEIN 101 Hyde Street 507 Polk Street, Suite 410 San Francisco, CA 94109 San Francisco, CA 94102 and 3) I then placed the sealed envelope in the outgoing mail at 400 McAllister Street, San Francisco, CA 94102, on the date indicated above for collection, attachment of required prepaid postage, and mailing on that date following standard court practices. DATED: 01/13/2014 CLERK OF THE COURT By: Loy Gdan Kobe, Deputy ClerkNotice of Appeal/Cross-Appeal (Limited Civil Case) Instructions + This form is only for appealing in a limited civil case. You can get other forms for appealing in criminal cases at any courthonse or county law library or online at www.courtinfo.ca.goviforms. + Before you fill out this form, read information on Appeal Procedures, for Limited Civil Cases (form APP-101-INFO) to know your rights and responsibilities. You can get form APP-101-INFO at any courthouse or county !aw library or online at www.courtinfo.ca.gov/forms. * You must serve and file this form no later than 30 days after the trial court mails or a party serves a document called a Notice of Entry of the trial court judgment or a file-stamped copy of the judgment or 90 days after entry of judgment, whichever is earlier (see rule 8.823 of the California Rules of Court for very limited exceptions). If your notice of appeal is late, your appeal will be dismissed. + Fill out this form dnd make a copy of the completed form for your records and for each of the other parties. «Serve a copy of the completed form on each of the other parties and keep proof of this servide. You can get information about how to serve court papers and proof of service from What Is Proof of Service? (form ‘APP-109-INFO) ahd on the California Courts Online Self-Help Center at www.courtinfo.ca.gow/selfhelplowcost/getready.himitserving. Take or mail the oiginal completed form and proof of service on the other parties to the clerk’s office for the same court that issued the judgment or order you are appealing. It is 2 good idea to take or mail an extra copy to the clerk and ask the clerk to stamp it to show that the original has been filed. G) Your Information a. Name of appellant (the party who is filing this appeal): : da zo oe Clerk stamps date here when form is fled. FILED JAN 07 2014 on OE JHE Count : uty Cia You fill in the name and street address of the court that issued the judgment or order you are appealing: ‘Superior Court of California, Gounty of Saw FRANK Soe Yeu (UA SE SO SF y Ce F¥fo2 ‘You fil in the number and name of the trial court ase in which you are anpeeting the judgment or order: Trial Court Case Number: CUO 4LES*IT Trial Court Gase Name: Naser L. Ebina hor The clerk will fil! in the number below: Appellate Division Gase Number: SM Pe b. Appellant's ‘contact information (skip this if the appellant has a lawyer for this Street address: Ze, ral loca reg i Sear ae Mailing address (if di ing addtess (i7diferent) Sweat oy State Phone: _(_:_) E-mail (optional: La sinc beanctad yen @ tract Cau 4 c.. Appellant's lawyer (skip this an t does not have a lawyer for this appeal): Name: Lh State Bar number: Street address: ° ‘Street iy State Zip Mailing address (if different): : ‘Steet Cy Stale Zip Phone: {_/_) E-mail (optional): Fax (optional): (__) Judicial Counc of California, www. courtinto.ca. gov N ice APP-402, Page 1 of 3 ie may 2, Opa Fam lotice of Appeal/Cross-Appeal » {Limited Civil Case) [American LagaiNe, ic. ww FormalWordetow.com| appeal}: - a / Lol bode ie SE IF Ca Pop‘Trial Court Case Name; PrFf v Eka se | OUN B94 9 (2) this is (check gor b): a. he first: appeal in this case. b. El A cross-appeal (an appeal filed after the first appeal in this case (complete (2), (2), and (3). (1) ‘Theinotice of appeal in the first appeal was filed on (fill in the date that the other party filed its notice of appeal in this ease): (2) ‘The-rial court clexk mailed notice of the first appeal on (fil i the date that the clerk mailed the notice of the other party's appeal in this case): (3) The'appellate division case number for the first appeal is (fill in the appellate division case number af the other party's appeal, if you know it): @) Judgment ot Order You Are Appealing I one appealing (check a or b): a The final judgment in the trial court case identified in the box on page 1 of this, hoo — . \ ‘ ‘The date(the trial court entered this judgment was (fill in the date): POP Cie “ 8 2 b. Other, | (1) EXAn order made after final judgment in the case. oS. “ ‘The date the trial court entered this order was (fill in the date): Dé. Caer bef oy Le Qo An order changing or refusing to change the place of trial (venue). The date the trial court entered this order was ((211 in the date):. (3) (3 An order granting a motion to quash service of summons. ‘The date the trial court entered this order was (fill in the date): (4) C2 Am order granting a motion to stay or dismiss the action on the ground of inconvenient forum. The date the trial court entered this order was (fill in the date): oO An order granting a new trial. ~... trial court entered this order was (fill in the date): (6) (4An order denying a motion for judgment notwithstanding the verdict. /'), o, “Phe date the trial court entered this ordex was (fil in the date): sti De Ce anbec © e 2 (3 (7) (“An order granting or dissolving an injunction or refusing to grant or dissolve an injunction. a ‘The date the trial court entered this order was (fill in the date): Te De CAL P New January 1, 2000 Notice of Appeal/Cross-Appeal APP-102, Page 2 of 3 : (Limited Givit Case) ?‘ Trial Court Case Number: Trial Court Case Name: fat. ef Ls Exboa tbe Cl) Z FE Z& G3) (continued) att An order appointing a receiver. The date the tial court entered this order was (fl! nthe date):_@~ 2 —/7 J (9) C1 Other action (please describe and indicate the date the trial court took the action you are appealing): . : Ss bat ac foodewe re (= i @ Record Preparation Election Complete this section only if you are filing the first appeal in this case. If you are filing a cross-appeal, skip this section and go to the signature line. . Check a or b if "you are filing the first appeal in this case: a. C} Thave/My client has completed Notice Designating Record on Appeal (Limited Civil Case) (form APP-103) and attached it to this notice of appeal, b. C1 YMy client will complete Notice Designating Record on Appeal (Limited Civil Case) (form APP-103) later, understand that I must file this notice in the trial court within 10 days of the date ! file this notice of appeal. | REMINDER; Except In the very limited circumstances listed in rule 8.823, you must serve and file this form no later than (1) 30 days after the trial court clerk malls or a party serves elther a document called a Notice of Entry of the trial court Judgment or a file-stamped copy of the judgment or (2) within 90 days after entry of judgment, whichever is eatlier. If your notice of appeal is late, your appeal will be dismissed. Lente. SEW AL Forme EO Type.or print your name Signature of appellan/cross-appeliant or attorney » New fanaay 1 2000 . Notice of Appeal/Cross-Appeal ‘APP-102, Paga 3 of 3 {Limited Civil Case)EDWARDS, MARK APPEALLATE GROUNDS OF APPEAL App. No. # Supr. Ct, CUD-644474 January 6, 2014 1) Committed Repetitive “Structural Error” in violations of Arizona Fulminante, 499 U.S. 279, 309 (1991), Zapata OffShore Co., 407 U.S, | (1972) Carnival Cruise Lines, Inc. v, Shute, 499 U.S. 585 (1991) wv. 105 (1991) ULS.S, 458 .., 16B.29 Retaliatory Eviction 2) Abuse of the Process — Judicial Misconduct pursuant Code of Civil Procedure §1209 (12) A) Judicial Misconduct — Disturbing Trial Judges Decision B) Judicial Misconduct — Failure of Appellant Entitle Procedure Safeguards C) Judicial Misconduct — Iegal Waving of Appellant’s Constitutional Rights Over Objection to Tainted Held Proceedings In Violation of Due process D) Judicial Misconduct - Appellant Legal Right for Dismissal of Proceeding and process bear sufficient constitutional standings 3) Appellant Due Process and Procedure Safeguards against Their Prejudicial Effects California Constitution - ADA Person 1990. 4) Discovery of New Evidences of CCP §473, 1598 2014 California Rules of Court Rule 3.906. Motion to withdraw stipulation {a) Good cause requirement: (irreparable harm committed by farce and sham by plaintiff) b) Fraudulent Plead Solicited by Plaintiff and His Agent in Bad Faith - violation of Civil Code §1709-10, by means obstructing administrative justice in this case. 5} Timing - Inadequate Notice - ex parte when notice of an ex parte application is given, the person giving notice must state with specificity the grounds. Failure of Service and/or Adequate Notice to Opposing Party - Prior to Hearing CCP §413. 20, 415.40-50 a) Date of filing conflicting Interest of Appellant Fundamental Fairness to raise opposition claim b) Plaintiff failure to provide Appellant with sufficient Notice — ex parte by unethical means is merit of a colorable claim to procedure safeguard. 6) Appellant repetitively denied APPLICIATION of Anti - Slapp Law Code of Civil Procedure § 425.16 Concerning - § 374.12 Jurisdiction Limited to Code Civ. Proc. § 1008 a) California Cede of Civil Procedure § 425.18 [SLAPPBack Statute] applicable