Preview
ORIGINAL \r
/
APP-003
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: 3 1 1718
FOR COURT USE ONLY
NAME: Alexander A. Frank
FIRM NAME: MICHEL & ASSOCIATES, P.C.
STREET ADDRESS: 180 E. Ocean Blvd., Ste. 200
CITY: Long Beach STATE: CA ZIP CODE: 90802
TELEPHONE No.: (562) 216 - 4444 FAX No.: (562) 216 - 4445
E-MAILADDRESS: afrank@michellawyers.com
ATTORNEY FOR (name): The Red Brennan Group
F I L h g)
SUPERIOR COURT 0F ALIFORNIA
SUPERIOR COURT OF CALIFORNIA, COUNTY 0F SAN BERNARDINO c UNTY 0F SAN BERNARDINO
Ho CUCAMONGA onsmICT
STREET ADDRESS: 247 West Third Street, San Bernardino) CA 92415
MAILING ADDRESS: 247 West Third Street, San Bemardino, CA 92415 MAR 2 0 2023
CITY AND ZIP CODE: San Bernardino, 924 1 5
1%,
.
v
I
BRANCH NAME: San Bernardino Justice Center «mm— «WM
PLAINTIFF/PETITIONER'. The Red Brennan Group AN R ROJ
DEFENDANT/RESPONDENT: Michael Jimenez, in his official capacity as county registrar
OTHER PARENTIPARTY: San Bernardino County Board of Supervisors, Real Party in Int.
SUPERIOR COURT CASE NUMBER:
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL
CIVSB2218598
(UNLIMITED CIVIL CASE)
COURT OF APPEAL CASE NUMBER (ifknown):
RE: Appeal filed on (date): March 10, 2023
Notice: Please read Information on Appeal Procedures for Unlimited Civil Cases (form APP-OO1-INFO) before
completing this form. This form must be filed in the superior court, not in the Court of Appeal.
11. RECORD OF THE DOCUMENTS FILED IN THE SUPERIOR COURT
| choose to use the following method of providing the Court of Appeal with a record of the documents filed in the superior court
(check a, b, C, or d, and fill in any required information):
a. E3 A clerk's transcript under rule 8.122. (You must check (1) or (2) and fill out the clerk’s transcript section (item 4) on pages
2 and 3 of this form.)
(1) E | will
transcript.
pay the superior court clerk for this transcript myself when receive the clerk's estimate of the costs of this
I
understand that if do not pay forthis transcript, it will not be prepared and provided to the Court of
| |
GH'IH
Appeal.
(2) E |request that the clerk's transcript be provided to me at no cost because cannot afford to pay
submitted the following document with this notice designating the record (check (a) or (b)):
l this cost. I have
E
(a)
E3
(b)
An
An
order granting a waiver of court fees and costs under rules 3.50—3.58; or
application for a waiver of court fees and costs under rules 3.50—3.58. (Use Request to Waive Court Fees
A8
(form FW—001) to prepare and file this application.)
b. Ea An appendix under rule 8.124.
XV:|
c. [j The original superior court file (NOTE: Local rules in the Court oprpeal, First, Third, and Fourth
under rule 8.128.
Appellate Districts, permit parties to stipulate (agree) to use the original supen’or court file instead of a clerk's transcript;
you may select this option ifyour 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. E: An agreed statement under rule 8.1 34. (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
choose to proceed (you must check a or b below):
E
|
a. WITHOUT proceedings (what was said at the hearing or trial) in the superior court. understand that
a record ofthe oral l
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 deciding whether an error was made in the superior court proceedings.
. Page1 of4
Form Approved for Optional Use APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Cal‘ Rules 6r Court, ruIes 3,50,
8.121-«8.124, 8,128, 8.130, 8,134, 8‘137
Judicial Council of California
APP-003 (Rev. January 1, 2019] (Unlimited Civil Case) www.courtspagov
\a \I
I
APP-003
CASE NAME: The Red Brennan Group v. Michael Jimenez SUPERIOR COURT CASE NUMBER:
CIVSB2218598
2. b. EE
(1)
WITH the following record of the oral proceedings
A reporter's transcript under rule 8.130. (You must
in the superior court (you
fill
must check (1), (2),
out the reporter's transcript section (item 5) on pages 3 and 4
or (3) below):
of this form.) l have (check all that apply):
(a) Deposited with the superior court clerk the approximate cost of preparing the transcript by including the deposit
E
E[j
(b)
(c)
with this notice as provided in rule 8.130(b)(1).
Attached a copy of a Transcript Reimbursement Fund application filed under rule 8.130(c)(1).
Attached the reporter's written waiver of a deposit under rule 8.1 30(b)(3)(A) for (check either (i) or (i0):
EE
(d)
(i)
(ii)
all ofthe designated proceedings.
part ofthe designated proceedings.
Attached a certified transcript under rule 8.130(b)(3)(C).
(2) EE
(a)
An agreed statement. (Check
have attached an agreed statement
and complete either (a) or (b) below.)
to this notice.
E
|
(b) All the parties have stipulated (agreed) in agree on a statement. (You must attach a copy of this
writing to try to
stipulation to this notice.) I understand that, within4O days after fiIe the notice 0f appeal, must fi|e either the
| I
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) E A settled statement
section (item 6) on
under
page
rule 8.137. (You must check (a), (b), or (c) below, and fil/ out the settled statement
E
E
(a)
(b)
The
The
oral
oral
proceedings
proceedings
4.)
in
in
the superior court were not reported by a court reporter.
the superior court were reported by a court reporter, but | have an order waiving fees
E
(c)
and
l am
costs.
asking to use a settled statement for reasons other than those listed in (a) or (b). (You must serve and file
the motion required under rule 8. 137(b) at the same time that you file this form. You may use form APP-025 to
prepare the motion.)
RECORD OF AN ADMINISTRATIVE PROCEEDING TO BE TRANSMITTED TO THE COURT OF APPEAL
3.
E that
| request that the clerk transmit to the Court of Appeal under rule 8.123 the record of the following administrative proceeding
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 L
Date or Dates
r I I
4. NOTICE DESIGNATING CLERK'S TRANSCRIPT
(You must complete this section if you checked item 1a above indicating that you choose 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.
I
Document Title and Description I I
Date of Filing j
(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, forjudgment
notwithstanding the verdict, or for reconsideration of an appealed order (if any)
(6) Ruling on one or more ofthe items listed in (5)
(7) Register of actions or docket (if any)
APF"°°3[R9V- January 12°19] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL ._
”992°”
(Unlimited Civil Case)
Preview
ORIGINAL \r / APP-003 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: 3 1 1718 FOR COURT USE ONLY NAME: Alexander A. Frank FIRM NAME: MICHEL & ASSOCIATES, P.C. STREET ADDRESS: 180 E. Ocean Blvd., Ste. 200 CITY: Long Beach STATE: CA ZIP CODE: 90802 TELEPHONE No.: (562) 216 - 4444 FAX No.: (562) 216 - 4445 E-MAILADDRESS: afrank@michellawyers.com ATTORNEY FOR (name): The Red Brennan Group F I L h g) SUPERIOR COURT 0F ALIFORNIA SUPERIOR COURT OF CALIFORNIA, COUNTY 0F SAN BERNARDINO c UNTY 0F SAN BERNARDINO Ho CUCAMONGA onsmICT STREET ADDRESS: 247 West Third Street, San Bernardino) CA 92415 MAILING ADDRESS: 247 West Third Street, San Bemardino, CA 92415 MAR 2 0 2023 CITY AND ZIP CODE: San Bernardino, 924 1 5 1%, . v I BRANCH NAME: San Bernardino Justice Center «mm— «WM PLAINTIFF/PETITIONER'. The Red Brennan Group AN R ROJ DEFENDANT/RESPONDENT: Michael Jimenez, in his official capacity as county registrar OTHER PARENTIPARTY: San Bernardino County Board of Supervisors, Real Party in Int. SUPERIOR COURT CASE NUMBER: APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL CIVSB2218598 (UNLIMITED CIVIL CASE) COURT OF APPEAL CASE NUMBER (ifknown): RE: Appeal filed on (date): March 10, 2023 Notice: Please read Information on Appeal Procedures for Unlimited Civil Cases (form APP-OO1-INFO) before completing this form. This form must be filed in the superior court, not in the Court of Appeal. 11. RECORD OF THE DOCUMENTS FILED IN THE SUPERIOR COURT | choose to use the following method of providing the Court of Appeal with a record of the documents filed in the superior court (check a, b, C, or d, and fill in any required information): a. E3 A clerk's transcript under rule 8.122. (You must check (1) or (2) and fill out the clerk’s transcript section (item 4) on pages 2 and 3 of this form.) (1) E | will transcript. pay the superior court clerk for this transcript myself when receive the clerk's estimate of the costs of this I understand that if do not pay forthis transcript, it will not be prepared and provided to the Court of | | GH'IH Appeal. (2) E |request that the clerk's transcript be provided to me at no cost because cannot afford to pay submitted the following document with this notice designating the record (check (a) or (b)): l this cost. I have E (a) E3 (b) An An order granting a waiver of court fees and costs under rules 3.50—3.58; or application for a waiver of court fees and costs under rules 3.50—3.58. (Use Request to Waive Court Fees A8 (form FW—001) to prepare and file this application.) b. Ea An appendix under rule 8.124. XV:| c. [j The original superior court file (NOTE: Local rules in the Court oprpeal, First, Third, and Fourth under rule 8.128. Appellate Districts, permit parties to stipulate (agree) to use the original supen’or court file instead of a clerk's transcript; you may select this option ifyour 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. E: An agreed statement under rule 8.1 34. (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 choose to proceed (you must check a or b below): E | a. WITHOUT proceedings (what was said at the hearing or trial) in the superior court. understand that a record ofthe oral l 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 deciding whether an error was made in the superior court proceedings. . Page1 of4 Form Approved for Optional Use APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Cal‘ Rules 6r Court, ruIes 3,50, 8.121-«8.124, 8,128, 8.130, 8,134, 8‘137 Judicial Council of California APP-003 (Rev. January 1, 2019] (Unlimited Civil Case) www.courtspagov \a \I I APP-003 CASE NAME: The Red Brennan Group v. Michael Jimenez SUPERIOR COURT CASE NUMBER: CIVSB2218598 2. b. EE (1) WITH the following record of the oral proceedings A reporter's transcript under rule 8.130. (You must in the superior court (you fill must check (1), (2), out the reporter's transcript section (item 5) on pages 3 and 4 or (3) below): of this form.) l have (check all that apply): (a) Deposited with the superior court clerk the approximate cost of preparing the transcript by including the deposit E E[j (b) (c) with this notice as provided in rule 8.130(b)(1). Attached a copy of a Transcript Reimbursement Fund application filed under rule 8.130(c)(1). Attached the reporter's written waiver of a deposit under rule 8.1 30(b)(3)(A) for (check either (i) or (i0): EE (d) (i) (ii) all ofthe designated proceedings. part ofthe designated proceedings. Attached a certified transcript under rule 8.130(b)(3)(C). (2) EE (a) An agreed statement. (Check have attached an agreed statement and complete either (a) or (b) below.) to this notice. E | (b) All the parties have stipulated (agreed) in agree on a statement. (You must attach a copy of this writing to try to stipulation to this notice.) I understand that, within4O days after fiIe the notice 0f appeal, must fi|e either the | I 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) E A settled statement section (item 6) on under page rule 8.137. (You must check (a), (b), or (c) below, and fil/ out the settled statement E E (a) (b) The The oral oral proceedings proceedings 4.) in in the superior court were not reported by a court reporter. the superior court were reported by a court reporter, but | have an order waiving fees E (c) and l am costs. asking to use a settled statement for reasons other than those listed in (a) or (b). (You must serve and file the motion required under rule 8. 137(b) at the same time that you file this form. You may use form APP-025 to prepare the motion.) RECORD OF AN ADMINISTRATIVE PROCEEDING TO BE TRANSMITTED TO THE COURT OF APPEAL 3. E that | request that the clerk transmit to the Court of Appeal under rule 8.123 the record of the following administrative proceeding 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 L Date or Dates r I I 4. NOTICE DESIGNATING CLERK'S TRANSCRIPT (You must complete this section if you checked item 1a above indicating that you choose 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. I Document Title and Description I I Date of Filing j (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, forjudgment notwithstanding the verdict, or for reconsideration of an appealed order (if any) (6) Ruling on one or more ofthe items listed in (5) (7) Register of actions or docket (if any) APF"°°3[R9V- January 12°19] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL ._ ”992°” (Unlimited Civil Case)