On October 05, 2018 a
Appellate Materials
was filed
involving a dispute between
Hill, Lisa,
and
Quaid Harley-Davidson, Inc. A California Corporation,
for Business Tort/Unfair Business Practice Unlimited
in the District Court of San Bernardino County.
Preview
l” "
ATTORNEY OR PARTY VMTHOUT ATTORNEY APP-oo3
STATE BAR NUMBER:
NAMES Halbert B. Rasmussen. FOR COURT USE ONLY
ESCL (SBN 108566): Julie S. Pearson. Esq. (SBN 183043)
FIRM NAMEI SCALI
RASMUSSEN. PC
STREET ADDRESS? 800 Wilshire
Boulevard. Suite 400
cn'y;
L05 Angeles STATECA ZIP CODE: 90017
TELEPHONE N0; 2132395622 FAX No: 2132395623
EMAILADDRESS: hrasmussenflscalilawxom:
ivearson@scalilaw.com
F fl L E
SUPERIOR COURT 0F CALIFORNIA
D
ATTORNEY FOR (name}1 Annellant OUAID
HARLEY-DAVIDSON. INC. ouNTY 0F SAN BERNARDINO
RANCHO CUCAMONGA DISTRICT
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN
BERNARDINO
STREET ADDRESS:247 w, 3rd Street
MAILING ADDREss:247 w, 3rd Street
N0v032021_
CITY AND ZIP CODE? San Bemardino. CA 924 l 5
BRANCH NAMES Justice Center By
PLAINTIFF/PETITIONER: usA HILL, e1 a].
Kale'rEN cOLuER. Deputy
DEFENDANT/RESPONDENTI OUAID HARLEY-DAVIDSON. INC.
OTHER PARENT/PARTY: HARLEv-DAVIDSON
MOTOR COMPANY. INC.
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL SUPERrOR COURT CASE NUMBER:
(UNLIMITED CIVIL CASE) CIVDS] 826573
RE: Appeal filed on COURT 0F APPEAL CASE NUMBER (irknown);
(date): October 20. 2021
E077944
Notice: Please read Information on Appeal Procedures for Unlimited
Civil Cases (form APP-001-INFO) before
completing this form. This form must be filed in the superior court, not in
the Court of Appeal.
'
1. RECORD 0F THE'DocUMENTs FILED IN THE SUPERIOR COURT
| choose to use the following method of providing the Court of Appeal with a record
ofthe documents filed in the superior court
(check a, b, c, or d, and fill in any required information):
a. E A clerk‘s transcript under
2 and 3 of this form.)
rule 8.122. (You must check (1) or (2) and fill out the clerk's transcript section (item 4) on pages
(1) I will pay the superior court clerk for this transcript myself when receive the clerk's estimate of the
I
costs of this
transcript. understand that ifl do not pay for this transcript, it wi|| not be prepared and
I
provided to the Coun of
Appeal.
(2) D request that the clerk's transcript be provided to me at no cost because
|
submitted the following document with this notice designating the record
cannot afford to pay this cost. l
l have
E
(a)
E
(b)
An
An application for a waiver of court fees
(check (a) or (b)):
order granting a waiver of court fees and costs under rules 3.50—3.58;
and costs under
or
rules 3.50—3.58. (Use Request to Waive Court Fees
(form FW-00 1) to prepare and file this application.)
b. E An appendix under rule 8.124.
c.
E The
Appellate
original superior court file
Districts, permit parties
under rule 8.128. (NOTE: Local rules
to stipulate (agree) to use the
in the Court
on'ginal superior
oprpeal, First, Third, and Founh
coun 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. D An agreed statement under rule 8.134. (You must complete item 2b(2) below and attach
of all the documents that are required to be included in the clerk's
to your agreed statement copies
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 orb below):
D
|
a. WITHOUT a record of the oral proceedings (what was said at the hearing or trial) 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 deciding whether an error was
made in the superior court proceedings.
Page 1 of 4
Form Approved Use
for Optional
Judicial Council o1 California
APPELLANT'S NOTICE DESIGNATING RECORD 0N APPEAL Rules of Coun, rules 3.50,
Cal.
APP-ooa (Rev. January
8121—8124, 8.128, 8.130. 8.134, 8.137
1, 2019] (Unlimited Civil Case) www.courtsragov
APP-003
CASE NAME: SUPER“ °°URT°ASE NUMBER:
LISA HILL, et a1. v. QUAID HARLEY-DAVIDSON, INC.
CIVDS1 826573
2. b. WITH the following record ofthe oral proceedings in the superior court (you must check or below):
(1) E A reporter's transcript
of this form.)
under rule 8.130. (You must
have (check all that apply):
fill out the reporter’s transcript section (item 5)
(1), (2), (3)
on pages 3 and 4
E
(a)
|
Deposited with the superior court clerk the approximate cost of preparing the transcript by including the deposit
E
(b)
SE
(c)
with this notice as provided in rule 8.130(b)(1).
Attached a copy ofa Transcript Reimbursement Fund application filed under rule 8.130(c)(1).
Attached the reporter's written waiver, of a deposit under rule 8.130(b)(3)(A) for (check either or
(i) (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) DE
(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 mus! attach a copy of this
writing to try to
stipulation to this notice.) l understand that, within40 days after file the notice of appeal, must file either the
I |
agreed statement or a notice indicating the parties were unable to agree on a statement and a new notice
(3) D A
designating the record on appeal.
settled statement under rule 8.137. (You must check
on page
(a), (b), or (c) below, and fill out the settled statement
E
E
(a)
(b)
section (item 6)
The
The
oral
oral
proceedings
proceedings
4.)
in
in
the superior court were not reported by a court
the superior court were reported by a court reporter, but
reporter.
| have an order waiving fees
and
E
(c) I am
costs.
asking to use a settled statement for reasons other than those
the motion required under rule 8. 137(b) at the same time that you
listed in (a) or (b).
file this form.
(You must servé and file
You may use form APP-025 to
prepare the motion.)
RECORD OF AN ADMINISTRATIVE PROCEEDING TO BE TRANSMITTED TO THE COURT OF APPEAL
E
3.
|request that the clerk transmit to the Court of Appeal under rule 8.123 the record of the following administrative proceeding
thatwas admitted into evidence, refused, or lodged in the superior court (give the title and date or dates of the administrative
proceeding):
I
Title of Administrative Proceeding Date or Dates
l I
4. NOTICE DESIGNATING CLERK'S TRANSCRIPT
(You must complete this section ifyou checked item 1a above indicating that you choose to use a clerk’s transcript as the record of
the documents filed in the superior coutt.)
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
Date of Filing I
(1) Nome 0f appea'pursuant CA Code of Civ. Pro. §1294(a) denying petition to compel arbitration 10/20/2021
(2) Notice designating record on appeal (this document) 11/05/2021
(3) Judgment or order appealed from 10/04/202]
(4) Notice of entry ofjudgment (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)
APP‘003IR9V'J3M’V13°19] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Pawn”
(Unlimited Civil Case)
Document Filed Date
November 08, 2021
Case Filing Date
October 05, 2018
Category
Business Tort/Unfair Business Practice Unlimited
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Preview
l” " ATTORNEY OR PARTY VMTHOUT ATTORNEY APP-oo3 STATE BAR NUMBER: NAMES Halbert B. Rasmussen. FOR COURT USE ONLY ESCL (SBN 108566): Julie S. Pearson. Esq. (SBN 183043) FIRM NAMEI SCALI RASMUSSEN. PC STREET ADDRESS? 800 Wilshire Boulevard. Suite 400 cn'y; L05 Angeles STATECA ZIP CODE: 90017 TELEPHONE N0; 2132395622 FAX No: 2132395623 EMAILADDRESS: hrasmussenflscalilawxom: ivearson@scalilaw.com F fl L E SUPERIOR COURT 0F CALIFORNIA D ATTORNEY FOR (name}1 Annellant OUAID HARLEY-DAVIDSON. INC. ouNTY 0F SAN BERNARDINO RANCHO CUCAMONGA DISTRICT SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO STREET ADDRESS:247 w, 3rd Street MAILING ADDREss:247 w, 3rd Street N0v032021_ CITY AND ZIP CODE? San Bemardino. CA 924 l 5 BRANCH NAMES Justice Center By PLAINTIFF/PETITIONER: usA HILL, e1 a]. Kale'rEN cOLuER. Deputy DEFENDANT/RESPONDENTI OUAID HARLEY-DAVIDSON. INC. OTHER PARENT/PARTY: HARLEv-DAVIDSON MOTOR COMPANY. INC. APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL SUPERrOR COURT CASE NUMBER: (UNLIMITED CIVIL CASE) CIVDS] 826573 RE: Appeal filed on COURT 0F APPEAL CASE NUMBER (irknown); (date): October 20. 2021 E077944 Notice: Please read Information on Appeal Procedures for Unlimited Civil Cases (form APP-001-INFO) before completing this form. This form must be filed in the superior court, not in the Court of Appeal. ' 1. RECORD 0F THE'DocUMENTs FILED IN THE SUPERIOR COURT | choose to use the following method of providing the Court of Appeal with a record ofthe documents filed in the superior court (check a, b, c, or d, and fill in any required information): a. E A clerk‘s transcript under 2 and 3 of this form.) rule 8.122. (You must check (1) or (2) and fill out the clerk's transcript section (item 4) on pages (1) I will pay the superior court clerk for this transcript myself when receive the clerk's estimate of the I costs of this transcript. understand that ifl do not pay for this transcript, it wi|| not be prepared and I provided to the Coun of Appeal. (2) D request that the clerk's transcript be provided to me at no cost because | submitted the following document with this notice designating the record cannot afford to pay this cost. l l have E (a) E (b) An An application for a waiver of court fees (check (a) or (b)): order granting a waiver of court fees and costs under rules 3.50—3.58; and costs under or rules 3.50—3.58. (Use Request to Waive Court Fees (form FW-00 1) to prepare and file this application.) b. E An appendix under rule 8.124. c. E The Appellate original superior court file Districts, permit parties under rule 8.128. (NOTE: Local rules to stipulate (agree) to use the in the Court on'ginal superior oprpeal, First, Third, and Founh coun 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. D An agreed statement under rule 8.134. (You must complete item 2b(2) below and attach of all the documents that are required to be included in the clerk's to your agreed statement copies 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 orb below): D | a. WITHOUT a record of the oral proceedings (what was said at the hearing or trial) 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 deciding whether an error was made in the superior court proceedings. Page 1 of 4 Form Approved Use for Optional Judicial Council o1 California APPELLANT'S NOTICE DESIGNATING RECORD 0N APPEAL Rules of Coun, rules 3.50, Cal. APP-ooa (Rev. January 8121—8124, 8.128, 8.130. 8.134, 8.137 1, 2019] (Unlimited Civil Case) www.courtsragov APP-003 CASE NAME: SUPER“ °°URT°ASE NUMBER: LISA HILL, et a1. v. QUAID HARLEY-DAVIDSON, INC. CIVDS1 826573 2. b. WITH the following record ofthe oral proceedings in the superior court (you must check or below): (1) E A reporter's transcript of this form.) under rule 8.130. (You must have (check all that apply): fill out the reporter’s transcript section (item 5) (1), (2), (3) on pages 3 and 4 E (a) | Deposited with the superior court clerk the approximate cost of preparing the transcript by including the deposit E (b) SE (c) with this notice as provided in rule 8.130(b)(1). Attached a copy ofa Transcript Reimbursement Fund application filed under rule 8.130(c)(1). Attached the reporter's written waiver, of a deposit under rule 8.130(b)(3)(A) for (check either or (i) (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) DE (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 mus! attach a copy of this writing to try to stipulation to this notice.) l understand that, within40 days after file the notice of appeal, must file either the I | agreed statement or a notice indicating the parties were unable to agree on a statement and a new notice (3) D A designating the record on appeal. settled statement under rule 8.137. (You must check on page (a), (b), or (c) below, and fill out the settled statement E E (a) (b) section (item 6) The The oral oral proceedings proceedings 4.) in in the superior court were not reported by a court the superior court were reported by a court reporter, but reporter. | have an order waiving fees and E (c) I am costs. asking to use a settled statement for reasons other than those the motion required under rule 8. 137(b) at the same time that you listed in (a) or (b). file this form. (You must servé and file You may use form APP-025 to prepare the motion.) RECORD OF AN ADMINISTRATIVE PROCEEDING TO BE TRANSMITTED TO THE COURT OF APPEAL E 3. |request that the clerk transmit to the Court of Appeal under rule 8.123 the record of the following administrative proceeding thatwas admitted into evidence, refused, or lodged in the superior court (give the title and date or dates of the administrative proceeding): I Title of Administrative Proceeding Date or Dates l I 4. NOTICE DESIGNATING CLERK'S TRANSCRIPT (You must complete this section ifyou checked item 1a above indicating that you choose to use a clerk’s transcript as the record of the documents filed in the superior coutt.) 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 Date of Filing I (1) Nome 0f appea'pursuant CA Code of Civ. Pro. §1294(a) denying petition to compel arbitration 10/20/2021 (2) Notice designating record on appeal (this document) 11/05/2021 (3) Judgment or order appealed from 10/04/202] (4) Notice of entry ofjudgment (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) APP‘003IR9V'J3M’V13°19] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Pawn” (Unlimited Civil Case)