On May 29, 2020 a
Appellate Materials
was filed
involving a dispute between
Gomez, Ricardo,
and
Besheer, Nicholas Adam,
City Of Rialto A Government Entity,
City Of Rialto Police Department A Government Entity,
for Personal Injury Motor Vehicle Unlimited
in the District Court of San Bernardino County.
Preview
88/19/2622 15:88 9517798186 iST LEGAL PAGE 62/25
m . ,. .. .
Ir-Cfifi"5D
ATTORNEY OR PARTY WITHOUT ATTORNEV APP-DOG
MR NUMKR:
”com m cm
STATE
me; Nathar A. Oyster (SBN 225307) I Caylln W. Jones (SEN 327829)
mu mm; Bmko, Williams & Sorensen. LLF'
mmmmmmfl“ South Flower Stfut, Suite 2400
cm: L09 Angela: STATE CA ZIP cope: 90071
mamam no: (21 3) 236-0800 PM N0; (21 3) 236~2700
e-MAIL Anuuse:
’
A‘rrormav row mama):
CE! of Rialba (sued also as Rlalto Police
and Nicholas Beeheer F
summon mum- or cAuronmA, comm or: SAN BERNARDINO
Dem.)
co ”W péqknoE N
m .
STREITADDREM 247 West 3" Street R N8 O CQJCAM N aggmgr
MAILING Aomm: 247 West 3" Street
cmmozwmaaSBn Bernardino,CA 92401 AUG 1 9 2022
amwum CMIvalsion
PLAIN‘rnfimm‘ITIONER: Ricardo Gomez
DEFENDANTIHESPONDENT: City of Rialto Police Department, et al.
OTHER PARENT/PAm:
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL summon coum' CA8! NUMBER;
(UNLIMITED CIVIL CASE) CNDSZOOQBW
COURT OF APPEAL CASE NUMBER (WW):
Ra: Appeal film: on (date): August 9. 2022
Noticu: Please road Information on Appeal Procedures
for Unlimited Civil Cases (form APP-OM -INFO)
completing this form. This form must bu filed In tho superior before
court, not in the Court of Appeal.
1 RECORD OF THE DOCUMENTS FILED IN THE SUPERIOR COURT
l choose to use tho following method of providing tho Court
oprpeal with a record of thu documents filed In the superipr court
(check a. D, o, or d, end fill In any required Informao'on):
a. DA clerk's transcript undnr rule 8.122. (You mustchsck (1) or (2) end fi/I our the clerk's transcript section (Item
4) on pages
J? and 3 affhis form.)
(1) U l will ply tho superior court clerk for this transcript myself when I receive the clerk's estimatn
of the costs ofthla
transcript l understand that If do not pay for this transcript. it win not be prepared and provided to the Court of
I
Appeal.
(2) D Irequest that tho clerk's transcript be provided to ma at no cost
because cannot afford ta pay this cast.I
I have
submitted the following document with this notice designating the recon:
(chock (a) or (0)):
(m D An order grunting a waiver of court fees and costs under rules 3.50-3.58: or
(m D An applicatlon for a waiver 0f court fees and costs under rules 3.50-3.58.
(Use Requasm Waive Court Fees
(farm FW-OO!) to prepare and file this applicaflon.)
b. An appendrx under rule 8.124.
c. E] The original superior caurt film
under rule 8. 128. (NOTE: Lace! rules In the Court oprpoal, First, Third.
and Fourth
Appellate pennitparfies rostlpulafe (agree) ta use ma origins! superior court fife instead ofa clark's
Disa'icts,
transcript;
you may salad this option Ifyour appea! is in one of these districts and all tho parties have stipulated
to use the original
swparlor co art filo instead of a clerk's tranacn'pt In this case. Attach a
copy ofthis stipulation.)
d. E] An agreed zstatement under rule 8. 134. (You must complete Item 2M2) befow and attach to yeur agmod statement
copies
nf all the documents that are required to be Included in the clerk's transcript.
Those documents am llstadln rule 8.134(3).)
2 RECORD OF ORAL PROCEEDINGS IN THE SUPERIOR COURT
Ichum m procaed (you must check a or b befow):
a. D WITHOUT a record of the oral proceedings (what was said atthe hearing or trill) in the superior
court. understand that I
without a record of the oral proceedings in tho superior court. the Court of Appeal Mil not be
able to consider what was
said during those proceedings in deciding whothar an error was made In the superior court proceedings.
LA “85041724953
Pug. 1 «a
v1
u APPELLANT'S NOTICE DESIGNATING RECORD
33am IMgflm E N i :I I E: [E
5.121%.124:6‘1::. 5.130. 11335.5”.
Arrmmov.uanmry1.2o1na CMI Case]
(Unlimited W'Wmfl-W
68/19/2822 15:83 9517796130 lST LEGAL. PAGE 63/25
APP.003
058! NAME: supine: count? m: numnm
Rlcardo Gc’mez v. City of Rlalto Police Department, at C'V952009827
al.
2. b. E WITH mo *ollowlng record oftha oral proceedings in tho superior court (you must chock (1), (2), or (3) below):
(1) [Ea A reporters transcript under run- s.1so. (You must rm out the raponm transcript section (item 5) on pages 3 and 4
of this form.) I have (check all that apply):
m) D Deposited wlth the superior court clerk the approximate cost of preparing
the transcript by Including the deposit
with this notice as provided In rule 8. 130(b)(1).
(b) D Attached a copy of a Transcript Reimbursement Fund applicatlon filed
under rule 8.180(cx‘l).
(c) D Attached the reportar's wntten waiver ofa dnposit under rule
8. 1 30(b)(3)(A) for (chock either (i) or (11)):
(i) D all of tho designated procndings.
(ii D part ofthe designated proceedings.
(-5) Attached a certlfiud transcript under rule 8.130(bx3x0).
(2) E] An agreed statement. (Chock and complete either (a) or (b) below.)
(a) E] I haw attached an aground statementto this notice.
(:1) C] AH the parties have sfipulntad (agreed) In agree an a statement. (You must attach a capy of this
writing ta try to
stipulation to this noflce.) I undnmtand that 40 days afier file ma nntico of appeal, must flle either the
within I
I
Igrnd statement or a notice indicating the parties were unable to agme on a statbmunt and a new notice
designating the renew on appeal.
_
(3) L] A settled statement under rule 3.137. (You must check (a), (b), or below, and ml out the sewed statement
(c)
section (item 6) on page 4.)
(m D The oral proceedings in me superior court were not reported by a court reporter.
(m U The oral proceedings in the superior court were repottod by a court reporter. but l have an ordorwaivinl fees
and com.
(oi: D Iam asking lo use a serum statement for reasOna other than those Hated in (a) or (b). (You must sum and file
the motion mqulmd under rule a. 137m) at the same time that you file this form. You
may use ram; APP-Ozs Io
prepare the motion.)
3 RECORD OF AN ADMINISTRATIVE PROCEEDING TO BE TRANSMITTED TO THE COURT OF APPEAL
Irequest that the clerk transmit to me Court aprpeaI under rule 8.123 the mccrd of the fcllowlng admlnlstratlve
proceeding
thatwas admmed Imo evidence. refused. or lodged In tho superior court (give (ha and date or dares of the administrative Wu
'
proceeding):
F 'rme of Administrative Proceeding
I [
Duo m Dam j
4. NOTICE DESIGNATING CLERK'S TRANSCRIPT
(You musr zompim this section ifyou checked item 1a above Indicating that you chaosa ta use a clerk's transofipf as m9 meow of
the documcmts flied In the superior court.)
a. Required documenu. Thu clerk wil! automatically Include the following items In the clerk's transcrlpt, but you must provlde the
data cach document was filed, or If that Is not avallable, the data tho document was signed.
l—
Dooumont Tm. and Dalcrlpuon ] [
Date of Flllng I
(1) Notice of appeal
(2) Notice designating record on appeal (this document)
(3) Judgment or order appe-lod from
(4) Notice of entry of Judgment fir any)
(5) Mmioe of intention to move
new trial or motion to
for tho judgment. forjudgmentvam-
wotwlthstandlng the verdlct. or for reconsideration of an appealed order (If any)
(6) fizullng on one or more oftha Items Ilcted In (6)
(7) fitnglmr ofacfions or docket (ifany)
AWN WWW
MWZWMQ” "1
APPELLAN‘WIEE EEEIGNATING RECORD 0N AP’BEAL F-n'm“
(Unlimited Civil Case)
Document Filed Date
August 19, 2022
Case Filing Date
May 29, 2020
Category
Personal Injury Motor Vehicle Unlimited
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Preview
88/19/2622 15:88 9517798186 iST LEGAL PAGE 62/25 m . ,. .. . Ir-Cfifi"5D ATTORNEY OR PARTY WITHOUT ATTORNEV APP-DOG MR NUMKR: ”com m cm STATE me; Nathar A. Oyster (SBN 225307) I Caylln W. Jones (SEN 327829) mu mm; Bmko, Williams & Sorensen. LLF' mmmmmmfl“ South Flower Stfut, Suite 2400 cm: L09 Angela: STATE CA ZIP cope: 90071 mamam no: (21 3) 236-0800 PM N0; (21 3) 236~2700 e-MAIL Anuuse: ’ A‘rrormav row mama): CE! of Rialba (sued also as Rlalto Police and Nicholas Beeheer F summon mum- or cAuronmA, comm or: SAN BERNARDINO Dem.) co ”W péqknoE N m . STREITADDREM 247 West 3" Street R N8 O CQJCAM N aggmgr MAILING Aomm: 247 West 3" Street cmmozwmaaSBn Bernardino,CA 92401 AUG 1 9 2022 amwum CMIvalsion PLAIN‘rnfimm‘ITIONER: Ricardo Gomez DEFENDANTIHESPONDENT: City of Rialto Police Department, et al. OTHER PARENT/PAm: APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL summon coum' CA8! NUMBER; (UNLIMITED CIVIL CASE) CNDSZOOQBW COURT OF APPEAL CASE NUMBER (WW): Ra: Appeal film: on (date): August 9. 2022 Noticu: Please road Information on Appeal Procedures for Unlimited Civil Cases (form APP-OM -INFO) completing this form. This form must bu filed In tho superior before court, not in the Court of Appeal. 1 RECORD OF THE DOCUMENTS FILED IN THE SUPERIOR COURT l choose to use tho following method of providing tho Court oprpeal with a record of thu documents filed In the superipr court (check a. D, o, or d, end fill In any required Informao'on): a. DA clerk's transcript undnr rule 8.122. (You mustchsck (1) or (2) end fi/I our the clerk's transcript section (Item 4) on pages J? and 3 affhis form.) (1) U l will ply tho superior court clerk for this transcript myself when I receive the clerk's estimatn of the costs ofthla transcript l understand that If do not pay for this transcript. it win not be prepared and provided to the Court of I Appeal. (2) D Irequest that tho clerk's transcript be provided to ma at no cost because cannot afford ta pay this cast.I I have submitted the following document with this notice designating the recon: (chock (a) or (0)): (m D An order grunting a waiver of court fees and costs under rules 3.50-3.58: or (m D An applicatlon for a waiver 0f court fees and costs under rules 3.50-3.58. (Use Requasm Waive Court Fees (farm FW-OO!) to prepare and file this applicaflon.) b. An appendrx under rule 8.124. c. E] The original superior caurt film under rule 8. 128. (NOTE: Lace! rules In the Court oprpoal, First, Third. and Fourth Appellate pennitparfies rostlpulafe (agree) ta use ma origins! superior court fife instead ofa clark's Disa'icts, transcript; you may salad this option Ifyour appea! is in one of these districts and all tho parties have stipulated to use the original swparlor co art filo instead of a clerk's tranacn'pt In this case. Attach a copy ofthis stipulation.) d. E] An agreed zstatement under rule 8. 134. (You must complete Item 2M2) befow and attach to yeur agmod statement copies nf all the documents that are required to be Included in the clerk's transcript. Those documents am llstadln rule 8.134(3).) 2 RECORD OF ORAL PROCEEDINGS IN THE SUPERIOR COURT Ichum m procaed (you must check a or b befow): a. D WITHOUT a record of the oral proceedings (what was said atthe hearing or trill) in the superior court. understand that I without a record of the oral proceedings in tho superior court. the Court of Appeal Mil not be able to consider what was said during those proceedings in deciding whothar an error was made In the superior court proceedings. LA “85041724953 Pug. 1 «a v1 u APPELLANT'S NOTICE DESIGNATING RECORD 33am IMgflm E N i :I I E: [E 5.121%.124:6‘1::. 5.130. 11335.5”. Arrmmov.uanmry1.2o1na CMI Case] (Unlimited W'Wmfl-W 68/19/2822 15:83 9517796130 lST LEGAL. PAGE 63/25 APP.003 058! NAME: supine: count? m: numnm Rlcardo Gc’mez v. City of Rlalto Police Department, at C'V952009827 al. 2. b. E WITH mo *ollowlng record oftha oral proceedings in tho superior court (you must chock (1), (2), or (3) below): (1) [Ea A reporters transcript under run- s.1so. (You must rm out the raponm transcript section (item 5) on pages 3 and 4 of this form.) I have (check all that apply): m) D Deposited wlth the superior court clerk the approximate cost of preparing the transcript by Including the deposit with this notice as provided In rule 8. 130(b)(1). (b) D Attached a copy of a Transcript Reimbursement Fund applicatlon filed under rule 8.180(cx‘l). (c) D Attached the reportar's wntten waiver ofa dnposit under rule 8. 1 30(b)(3)(A) for (chock either (i) or (11)): (i) D all of tho designated procndings. (ii D part ofthe designated proceedings. (-5) Attached a certlfiud transcript under rule 8.130(bx3x0). (2) E] An agreed statement. (Chock and complete either (a) or (b) below.) (a) E] I haw attached an aground statementto this notice. (:1) C] AH the parties have sfipulntad (agreed) In agree an a statement. (You must attach a capy of this writing ta try to stipulation to this noflce.) I undnmtand that 40 days afier file ma nntico of appeal, must flle either the within I I Igrnd statement or a notice indicating the parties were unable to agme on a statbmunt and a new notice designating the renew on appeal. _ (3) L] A settled statement under rule 3.137. (You must check (a), (b), or below, and ml out the sewed statement (c) section (item 6) on page 4.) (m D The oral proceedings in me superior court were not reported by a court reporter. (m U The oral proceedings in the superior court were repottod by a court reporter. but l have an ordorwaivinl fees and com. (oi: D Iam asking lo use a serum statement for reasOna other than those Hated in (a) or (b). (You must sum and file the motion mqulmd under rule a. 137m) at the same time that you file this form. You may use ram; APP-Ozs Io prepare the motion.) 3 RECORD OF AN ADMINISTRATIVE PROCEEDING TO BE TRANSMITTED TO THE COURT OF APPEAL Irequest that the clerk transmit to me Court aprpeaI under rule 8.123 the mccrd of the fcllowlng admlnlstratlve proceeding thatwas admmed Imo evidence. refused. or lodged In tho superior court (give (ha and date or dares of the administrative Wu ' proceeding): F 'rme of Administrative Proceeding I [ Duo m Dam j 4. NOTICE DESIGNATING CLERK'S TRANSCRIPT (You musr zompim this section ifyou checked item 1a above Indicating that you chaosa ta use a clerk's transofipf as m9 meow of the documcmts flied In the superior court.) a. Required documenu. Thu clerk wil! automatically Include the following items In the clerk's transcrlpt, but you must provlde the data cach document was filed, or If that Is not avallable, the data tho document was signed. l— Dooumont Tm. and Dalcrlpuon ] [ Date of Flllng I (1) Notice of appeal (2) Notice designating record on appeal (this document) (3) Judgment or order appe-lod from (4) Notice of entry of Judgment fir any) (5) Mmioe of intention to move new trial or motion to for tho judgment. forjudgmentvam- wotwlthstandlng the verdlct. or for reconsideration of an appealed order (If any) (6) fizullng on one or more oftha Items Ilcted In (6) (7) fitnglmr ofacfions or docket (ifany) AWN WWW MWZWMQ” "1 APPELLAN‘WIEE EEEIGNATING RECORD 0N AP’BEAL F-n'm“ (Unlimited Civil Case)