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
:AMENDEI?" .
~
APP-OO3
ATTORNEY 0R PARTY \MTHOUT ATTORNEY
ma Halben B. Rasmussen, Esq.(SBN 108556);
STATE BAR NUMBER:
Julie s. Pearson, Esq. (SEN 183043)
m cw" ”SE MY
FIRM NAMESCALI RASMUSSEN, PC
smasr ADDRESSSOO Wilshire Blvd., Suite 400
cn'v:Los Angeles STATE CA ZIP cooe:90017
TELEPHONE No.: 213.239.5622 FAXNO4213.239.5623
E-MNLADDRESS' hrasmussen@scalilaw.com; jpearson@scalilaw.com
F I L
moRNEYFOR (nanw12AppeIlant Quaid Harley-Davidson, Inc. ER IOR COUT
SUPE
SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F
COUN TYOF SAN BERNARDINO
SAN BERNARDINO RANCHO
D'
CUCAMONGA DISTRICT
smssr AbDRESS: 247 W. 3rd Street
' ' "
~ ‘.
. -- v n
i _ .
'
MAILING ADDRESS. 247 W. 3rd Street '
cm' AND ZIP coDE San Bemardino, CA 924 15
N0 V 2 3 2021
_
IIIIIIII p
BRANCH NAME: Justice Center
PLAINTIFF/PETITIONER Lisa Hill, et a1 _ .
= ' 5V M '
'
'
DEFENDANT/RESPONDENT. Quaid Harlcy-Davidson, Inc. IKA SCH K, DEPUTY
OTHER PARENT/PARTY: Harley- Davidson Motor Company, Inc.
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL supER’OR COURT CASE “W853:
'
(UNLIMITED CIVIL CASE) - '
CIVD81826573
CASE NUMBER (mom
.
RE. Appeal med on (date): O_ctober 20, 2021 z E3232?“
l ’ fl ' ~
Notice: Please read Information on Appeal Procedures for Unlimited CIVII Cases (form APP-001-INFO) before
completing this form. This form must be filed in the superior court, not in the Court of AppeaI
:1. RECORD 0F THE DOCUMENTS FILED IN THE SUPERIOR COURT
| c'hoose to us'e the following method pf providing the Court of 'Appeal with a record of th'e documents filed In the gupenor court
‘
(check a b c, ord, and fill m any required information): .
a. m A clerk's transcript
2 and 3 of (his form .)
under rule 8 122. (You must check (1) or
‘
(2) and fi/I out the clerk's transcript section (item 4) on pages
¥
)m I will
transcript.
pay the superlor court clerk for this trariscrlpt mysetf when re_ceive the clerk's estimate ‘of the costs of this
understand that -if| do not pay for this transcript, it will not be prepared and provided tathe Court of
I
l
Appeal.
(2) E] Irequestthatthe clerk‘s transcript be providedto me at no cost because cannot afford to pay I this cost. l have
submitted the following document with‘this notice designating the record (check (a) or (b)):
(a) [:3 An order granting a waiver of court fees and costs under rules 3.50—3.58; or
(b) [:3 An application for a waiver of court fees and cosm under rules 3.50—3. 58. (Use Request to Waive Court Fees
(form FW—OO 1) to prepare and file this application.)
b.
D An appendix under rule 8.124.
c. C] The orignal superior court file under rule 8.128. (NOTE: Local rules in the Court oprpeal, First, Third, and Fourth
Appellate Districts, pennit'vpartles (o' stipulate (agree) to use the on‘glnai superior court file instead of a clerk's transcript
you may select: (his op’tlon if your appeal is ln-one of‘lhese distrids and all the parties have stipulated to use the original
Superior court file instead of a clerk’s transcfipf-in this oas'a; Attach a copy of this stipulation.)
dV E3 An agreed statement under rule 8.134. (You must complete item 2b(2) below and attach (o your agreed statement copies
of ell the documents that are required to be included in the clerk's transcript. These documents are listed In rule 8. 134(a).)
2. RECORD 0F ORAL PROCEEDINGS IN THE SUPERIOR COURT
I choose to proceed (you must check a or b below):
a. E] WITHOUT a record ofthe oral proceedings (whatwas said at the hearing or Vial) in the superior court. understand that I
without a record of the oral proceedings the superior court, the Court of Appeal will not be able to consider what was
In
said during those proceedings in deciding whether an error was made In the superior court proceedings.
Page 1 0N
izsagvggmzzrae;:m;°" APPELLANT'S NOTICE PES'GNATING RECORD °~ APPEAL mara-zztsmgxrzfs
APP-oaaln-v January 1,2019) (Unlimited Clvul Case) wwwvcom_c..gov
Wumeo: G Form Bump
APP-003
cAse NAME: SUPERIOR COURY CASE NUMBER:
QUAID HARLEY-DAvm-s 0N, INC.
l
LISA HILL, ct 31. v.
CIVDs1826573
Em
i
2. b. WITH the following record of the oral proceedings in the superior court (you mus! check (1), (2)1 or (3) below):
(1) A reporter‘s transcript under rule 8. 1 30. (You mus! fill out the reporter's transcript section (item 5) on pages 3 and 4
have (check all that apply):
‘
(a) E of this form. ) I
Deposited with the superior court clerk the approximate cost of preparing the transcript by including the deposit
with this notice as provided in mIe 8 130(b)(1.)
“
(b) [j flied under
Attached a copy of a Transcript Reimbursement FUnd applicationl rule 8 130(c)(1)
QC Attached the reporter's written waiver of a deposit under rule 8 130(b)(3((A) for (check either (i) or
D
(17)):
designmed proceedings.
ED
'(d)
(i)
(ii)
all of the
part of the designated proceedings.
Attaéheda certified transcript under rule 8L13Q(b)(3)(C).
(2) aE
(a)
An agreed
l
statement. (Check and complete either (e) or(b) below.)
have attached an agreed statgment to this notice.
(b) C] AH the panies have stipulated (agreed) in writing :o try to agree on a‘ statement. (You must aflach a cqpy of this
stipulation ‘to
this notice.) I-und'e'rstand that, MthinAU-days afler file the notice of appeat. must-file ehher the
l I
agreed statement or a notice indicating the'parties were unable to agree on a stelement and a new notice
designating the record on appeal.
(3) C3 A settled statement Under rule B 137 (You must check (a), (b) or (c) below, and fill out t_he settled statement
section (item 6) oh page 4 )
(a) I The oral proceedings in the superior court were not reported by a court reponer.
(b) [:1 The oral proceedings in the superior court were reported by a court reporter, but l have an order waiving fees
(C) D r
and costs.
l
.
am asking to use a settled statement tor reasons other than those listed'In (a) or (b) (You mus: sen/e and file
file this form. You may use form APP.02._5 tr)
(he motion required under rule 8. 137(b) at (ha same b‘m'e (hat you:
prepare the motion)
3 RECORD OF AN ADMINISTRATIVE PROCEEDING TO BE TRANSMITTED TO THE COURT O_F APPEAL
-I 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 dale or dates of the administrative
proceeding).
Title of Administrative Proceeding Data or Dates
r l I j
4. NOTICE DESIGNATING CLERK‘S TRANSCRIPT
(You must complete this section ifyou checked ilem 1a above indicating (hat 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 cierk's transcript. but you must provide the
date each document was filed. or if that is not available. the date the document was signed.
DocumentTltle and Description 1 I
Date of Filing J
I
(1) Notice 0' 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 10/04/2021
(4) Notice of entry of judgment fifany)
(5) Notice o! 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 (II any)
“WV 3°”
App'mm" 1' 2°19) APPELLANT'S NOTICE DESIGNATING RECORD 0N APPEAL ”‘9‘
(Unlimited Civil Case)
Document Filed Date
November 24, 2021
Case Filing Date
October 05, 2018
Category
Business Tort/Unfair Business Practice Unlimited
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Preview
:AMENDEI?" . ~ APP-OO3 ATTORNEY 0R PARTY \MTHOUT ATTORNEY ma Halben B. Rasmussen, Esq.(SBN 108556); STATE BAR NUMBER: Julie s. Pearson, Esq. (SEN 183043) m cw" ”SE MY FIRM NAMESCALI RASMUSSEN, PC smasr ADDRESSSOO Wilshire Blvd., Suite 400 cn'v:Los Angeles STATE CA ZIP cooe:90017 TELEPHONE No.: 213.239.5622 FAXNO4213.239.5623 E-MNLADDRESS' hrasmussen@scalilaw.com; jpearson@scalilaw.com F I L moRNEYFOR (nanw12AppeIlant Quaid Harley-Davidson, Inc. ER IOR COUT SUPE SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F COUN TYOF SAN BERNARDINO SAN BERNARDINO RANCHO D' CUCAMONGA DISTRICT smssr AbDRESS: 247 W. 3rd Street ' ' " ~ ‘. . -- v n i _ . ' MAILING ADDRESS. 247 W. 3rd Street ' cm' AND ZIP coDE San Bemardino, CA 924 15 N0 V 2 3 2021 _ IIIIIIII p BRANCH NAME: Justice Center PLAINTIFF/PETITIONER Lisa Hill, et a1 _ . = ' 5V M ' ' ' DEFENDANT/RESPONDENT. Quaid Harlcy-Davidson, Inc. IKA SCH K, DEPUTY OTHER PARENT/PARTY: Harley- Davidson Motor Company, Inc. APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL supER’OR COURT CASE “W853: ' (UNLIMITED CIVIL CASE) - ' CIVD81826573 CASE NUMBER (mom . RE. Appeal med on (date): O_ctober 20, 2021 z E3232?“ l ’ fl ' ~ Notice: Please read Information on Appeal Procedures for Unlimited CIVII Cases (form APP-001-INFO) before completing this form. This form must be filed in the superior court, not in the Court of AppeaI :1. RECORD 0F THE DOCUMENTS FILED IN THE SUPERIOR COURT | c'hoose to us'e the following method pf providing the Court of 'Appeal with a record of th'e documents filed In the gupenor court ‘ (check a b c, ord, and fill m any required information): . a. m A clerk's transcript 2 and 3 of (his form .) under rule 8 122. (You must check (1) or ‘ (2) and fi/I out the clerk's transcript section (item 4) on pages ¥ )m I will transcript. pay the superlor court clerk for this trariscrlpt mysetf when re_ceive the clerk's estimate ‘of the costs of this understand that -if| do not pay for this transcript, it will not be prepared and provided tathe Court of I l Appeal. (2) E] Irequestthatthe clerk‘s transcript be providedto me at no cost because cannot afford to pay I this cost. l have submitted the following document with‘this notice designating the record (check (a) or (b)): (a) [:3 An order granting a waiver of court fees and costs under rules 3.50—3.58; or (b) [:3 An application for a waiver of court fees and cosm under rules 3.50—3. 58. (Use Request to Waive Court Fees (form FW—OO 1) to prepare and file this application.) b. D An appendix under rule 8.124. c. C] The orignal superior court file under rule 8.128. (NOTE: Local rules in the Court oprpeal, First, Third, and Fourth Appellate Districts, pennit'vpartles (o' stipulate (agree) to use the on‘glnai superior court file instead of a clerk's transcript you may select: (his op’tlon if your appeal is ln-one of‘lhese distrids and all the parties have stipulated to use the original Superior court file instead of a clerk’s transcfipf-in this oas'a; Attach a copy of this stipulation.) dV E3 An agreed statement under rule 8.134. (You must complete item 2b(2) below and attach (o your agreed statement copies of ell the documents that are required to be included in the clerk's transcript. These documents are listed In rule 8. 134(a).) 2. RECORD 0F ORAL PROCEEDINGS IN THE SUPERIOR COURT I choose to proceed (you must check a or b below): a. E] WITHOUT a record ofthe oral proceedings (whatwas said at the hearing or Vial) in the superior court. understand that I without a record of the oral proceedings the superior court, the Court of Appeal will not be able to consider what was In said during those proceedings in deciding whether an error was made In the superior court proceedings. Page 1 0N izsagvggmzzrae;:m;°" APPELLANT'S NOTICE PES'GNATING RECORD °~ APPEAL mara-zztsmgxrzfs APP-oaaln-v January 1,2019) (Unlimited Clvul Case) wwwvcom_c..gov Wumeo: G Form Bump APP-003 cAse NAME: SUPERIOR COURY CASE NUMBER: QUAID HARLEY-DAvm-s 0N, INC. l LISA HILL, ct 31. v. CIVDs1826573 Em i 2. b. WITH the following record of the oral proceedings in the superior court (you mus! check (1), (2)1 or (3) below): (1) A reporter‘s transcript under rule 8. 1 30. (You mus! fill out the reporter's transcript section (item 5) on pages 3 and 4 have (check all that apply): ‘ (a) E of this form. ) I Deposited with the superior court clerk the approximate cost of preparing the transcript by including the deposit with this notice as provided in mIe 8 130(b)(1.) “ (b) [j flied under Attached a copy of a Transcript Reimbursement FUnd applicationl rule 8 130(c)(1) QC Attached the reporter's written waiver of a deposit under rule 8 130(b)(3((A) for (check either (i) or D (17)): designmed proceedings. ED '(d) (i) (ii) all of the part of the designated proceedings. Attaéheda certified transcript under rule 8L13Q(b)(3)(C). (2) aE (a) An agreed l statement. (Check and complete either (e) or(b) below.) have attached an agreed statgment to this notice. (b) C] AH the panies have stipulated (agreed) in writing :o try to agree on a‘ statement. (You must aflach a cqpy of this stipulation ‘to this notice.) I-und'e'rstand that, MthinAU-days afler file the notice of appeat. must-file ehher the l I agreed statement or a notice indicating the'parties were unable to agree on a stelement and a new notice designating the record on appeal. (3) C3 A settled statement Under rule B 137 (You must check (a), (b) or (c) below, and fill out t_he settled statement section (item 6) oh page 4 ) (a) I The oral proceedings in the superior court were not reported by a court reponer. (b) [:1 The oral proceedings in the superior court were reported by a court reporter, but l have an order waiving fees (C) D r and costs. l . am asking to use a settled statement tor reasons other than those listed'In (a) or (b) (You mus: sen/e and file file this form. You may use form APP.02._5 tr) (he motion required under rule 8. 137(b) at (ha same b‘m'e (hat you: prepare the motion) 3 RECORD OF AN ADMINISTRATIVE PROCEEDING TO BE TRANSMITTED TO THE COURT O_F APPEAL -I 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 dale or dates of the administrative proceeding). Title of Administrative Proceeding Data or Dates r l I j 4. NOTICE DESIGNATING CLERK‘S TRANSCRIPT (You must complete this section ifyou checked ilem 1a above indicating (hat 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 cierk's transcript. but you must provide the date each document was filed. or if that is not available. the date the document was signed. DocumentTltle and Description 1 I Date of Filing J I (1) Notice 0' 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 10/04/2021 (4) Notice of entry of judgment fifany) (5) Notice o! 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 (II any) “WV 3°” App'mm" 1' 2°19) APPELLANT'S NOTICE DESIGNATING RECORD 0N APPEAL ”‘9‘ (Unlimited Civil Case)