Notice of Appeal: JOHNA PECOT et al VS. SAN FRANCISCO DEPUTY SHERIFF'S ASSOCIATION, A et al

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                IOUT

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Sep-13-2013 01:26 pm

Case Number: CGC-10-501168

Filing Date: Sep-13-2013 01:25 pm
Filed by: CARLOS MURILLO
Juke Box: 001 Image: 04200962
REQUEST FOR CLERKS/REPORTER TRANSCRIPT

L
JOHNA PECOT et al VS. SAN FRANCISCO DEPUTY SHERIFF S ASSOCIATION,
Aetal
001004200962

Instructions:
Please place this sheet on top of the document to be scanned.ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): APP: 003
Lawrence D. Murray, Murray & Associates, SBN 77536
‘+-1781 Union Street
San Francisco, CA 94123
teLepHone no. (415) 673-0555 FAX NO. (Optional):(415) 673-0555 |
E-MAIL ADDRESS (Optional): {
ATTORNEY FOR (Name): Defendants Wong, Zehner, Savage and McDaniels San Francsco County Superior Court
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO - |
street appress: 400 McAllister Street SEP 13 2013 \
MAILING ADDRESS: i

ciry ano zie cove: San Francisco 94102 CLERK jE COURT
BRANCH NAME:
Deputy Cl

Plaintif/Petitioner: Johna Pecot, et al.
Defendant/Respondent: San Francisco Deputy Sheriffs' Association, et al.

APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Sipoter Sau Gase Number:
(UNLIMITED CIVIL CASE) CGC-10-501168

RE: Appeal filed on (date): Court of Appeal Case Number (if known):

August 19, 2013 A 139566

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

| elect to use the following method of providing the Court of Appeal with a record of the documents filed in the superior (check a, b,
c, d, or e and fill in any required information):

a Acclerk'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) | 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

attached the following document (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. LX] An appendix under rule 8.124.

c. The original superior court file under rule 8.128. (NOTE: Local rules in the Court of Appeal, First, Third, Fourth, and Fifth
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 all the parties have stipulated to use the original 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).)

e. A settled statement under rule 8.137. (You must complete item 2b(3) below and attach to your proposed statement on
appeal copies of all the documents that are required to be included in the clerk's transcript. These documents are listed in
rule 8.137(b)(3).)

2. RECORD OF ORAL PROCEEDINGS IN THE SUPERIOR COURT

| elect to proceed:

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
Form Approved for Optional Use APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Cal, Rules of Court, rules 3.50,

Judicial Council of California _ a 8.121-8.124, 8.128, 8.190, 8.134, 8.137
‘APP-008 [Rev. July 1, 2043} (Unlimited Civil Case) ww. courtinfo.ca.govAPP-003

| Case Name: Pecot, et al. vs. SFDSA, et al. OB ee 5b Pees Number:

b. C3] WITH the following record of the oral proceedings in the superior court:

(1) CX JA reporter's transcript under rule 8.130. (You must fill out the reporter's transcript section on page 3 of this | have
form.) | have (check all that apply):

(a) Lx

Deposited the approximate cost of transcribing the designated proceedings with this notice as provided in
rule 8.130(b)(1).

(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 (ii):

(i) all of the designated proceedings.

(ii) part of the designated proceedings.

(d) Attached a certified transcript under rule 8.130(b)(3).

(2) An agreed statement. (Check and complete either (a) or (b) below.)

(a) | have attached an agreed statement to this notice.

(b) All the 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 or 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 attach the motion required under rule 8.137(a) 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 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.
(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. July 1, 2013] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 2 of 4
(Unlimited Civil Case)APP-003

rior Court Case Number:

| Case Name: Pecot, et al. vs. SFDSA, et al. a P10 501168

4. NOTICE DESIGNATING CLERK'S TRANSCRIPT

b. Additional documents. (/f you want any documents from the superior court proceeding in addition to the items listed in a.
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 Date of Filing
(8)

(9)

(10)
(11)

(12)

See additional pages.

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):

Exhibit Number ‘Admitted (Yes/No)
(1)

(2)
(3)
(4)

(6)

See additional pages.

5. NOTICE DESIGNATING REPORTER'S TRANSCRIPT

(You must complete 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):

(A) My copy of the reporter's transcript in paper format.
(2) My copy of the reporter's transcript in computer-readable format.
(3) My copy of the reporter's transcript in paper format and a second copy in computer-readable format.

(Code Civ. Proc., § 271; Cal. Rules of Court, rule 8.130(f)(4).)

‘APP-003 [Rev. July 4, 2013] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 3 of 4
(Unlimited Civil Case)APP-003

rior Court Case Number:

| Case Name: Pecot, et al. vs. SFDSA, et al. a -10-501168

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, if you know it, the
name of the court reporter who recorded the proceedings).

(1) 2/10/12 302 10 minutes Oral argument on SLAPP Mo Fees Lavena Ward

(2)
(3)
4)
(6)
(6)

(7)

See additional pages.

c. The proceedings designated in Sb include do not include all of the testimony in the superior court.

If the designated proceedings DO NOT include alll 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).

Date: September 12, 2013

Lawrence D, Murray
(TYPE OR PRINT NAME)

(SIGNATURE OF APPELLANT Off ATTORNEY),

‘APP-003 [Rev. July 1, 2043) APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 4 of 4
(Unlimited Civil Case)PROOF OF SERVICE

I am employed in the City and County of San Francisco, State of California. I am over the age off
18 and not a party to the within action. My business address is 1781 Union Street, San Francisco,
California 94123; (415) 673-0555. On this date, I served the following document(s): APPELLANT’S
NOTICE DESIGNATING RECORD ON APPEAL on the interested parties in this action as follows:

Attorney for Plaintiffs:
Paul L. Kranz

Law Office of Paul L. Kranz
499 14" Street, Suite 300
Oakland, CA 94516

Tel: (510) 839-1200

Fax: (510) 444-6698

Attorneys for Defendant San Francisco Deputy Sheriffs’ Association
Lara Cullinane-Smith

1086 Arlington Blvd.

El Cerrito, CA 94530

Tel: (510) 919-3214

Fax: (510) 705-1854

[XX] [BY MAIL] _ I caused envelope(s) with postage thereon fully prepaid to be placed in the
United States mail at San Francisco, California, addressed as shown above.

{ ] [BY PERSONAL SERVICE] _ | caused such envelope(s) to be delivered by hand to the above
address(es).

[ ] {BY FAX] _ I caused the above entitled document(s) to be personally served on the above
shown parties by facsimile transmission on the date shown below by confirming the fax phone number
with the law office shown above then (a) transmitting it via the fax machine within this office, and (b)
receiving a receipt from the machine within this office confirming all documents sent were in fact
properly received.

I declare under penalty of perjury under the laws of the State of California that the above is true

and correct. Executed in San Francisco, California, on September 13, 2013.

Pecot, et al. vs. SFDSA, et al.; San Francisco Superior Court No: CGC — 10 — 501168 Page 1