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APP-003
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER:
FOR COURT USE ONLY
NAME: Amir Nassihi (235936); Abigail J. Hudson (327632); David Polyakov (341577)
FIRM NAME: Shook, Hardy & Bacon L.L.P.
STREET ADDRESS: 555 Mission Street, Suite 2300
CITY: San Francisco STATE: CA ZIP CODE: 94105
TELEPHONE NO.: 415-544-1900 FAX NO.: 415-391-0281
E-MAIL ADDRESS: anassihi@shb.com; ahudson@shb.com; dpolyakov@shb.com
ATTORNEY FOR (name): Defendant H&B Group, Inc    ï€ï€¨
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Kern
STREET ADDRESS: 1215 Truxtun Avenue
MAILING ADDRESS: 1215 Truxtun Avenue
CITY AND ZIP CODE: Bakersfield, CA 93301
BRANCH NAME: Bakersfield Court
PLAINTIFF/PETITIONER: Nayvi Isabel Zuniga-Diaz
DEFENDANT/RESPONDENT: H&B Group, Inc. dba Nissan of Bakersfield
OTHER PARENT/PARTY:
SUPERIOR COURT CASE NUMBER:
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL
(UNLIMITED CIVIL CASE) BCV-23-100578
COURT OF APPEAL CASE NUMBER (if known):
RE: Appeal filed on (date): November 27, 2023
F087221
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 OF THE DOCUMENTS FILED IN THE SUPERIOR COURT
I 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. DX 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) DX I will pay the superior court clerk for this transcript myself when I receive the clerk's estimate of the costs of this
transcript. I understand that if I do not pay for this transcript, it will not be prepared and provided to the Court of
Appeal.
(2) D I request that the clerk's transcript be provided to me at no cost because I cannot afford to pay this cost. I have
submitted the following document with this notice designating the record (check (a) or (b)):
(a) D An order granting a waiver of court fees and costs under rules 3.50–3.58; or
(b) D An application for a waiver of court fees and costs under rules 3.50–3.58. (Use Request to Waive Court Fees
(form FW-001) to prepare and file this application.)
b. D An appendix under rule 8.124.
c. D The original superior court file under rule 8.128. (NOTE: Local rules in the Court of Appeal, First, Third, and Fourth
Appellate Districts, permit parties to stipulate (agree) 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. 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).)
2. RECORD OF ORAL PROCEEDINGS IN THE SUPERIOR COURT
I choose to proceed (you must check a or b below):
a. DX WITHOUT a record of the oral proceedings (what was said at the hearing or trial) in the superior court. I 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 for Optional Use
Judicial Council of California
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Cal. Rules of Court, rules 3.50,
8.121–8.124, 8.128, 8.130, 8.134, 8.137
APP-003 [Rev. January 1, 2019] (Unlimited Civil Case) www.courts.ca.gov
APP-003
CASE NAME: SUPERIOR COURT CASE NUMBER:
Zuniga-Diaz v. Nissan North America, Inc. BCV-23-100578
2. b. D WITH the following record of the oral proceedings in the superior court (you must check (1), (2), or (3) below):
(1) D A reporter's transcript under rule 8.130. (You must fill out the reporter's transcript section (item 5) on pages 3 and 4
of this form.) I have (check all that apply):
(a) D Deposited with 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 application filed under rule 8.130(c)(1).
(c) D Attached the reporter's written waiver of a deposit under rule 8.130(b)(3)(A) for (check either (i) or (ii)):
(i) D all of the designated proceedings.
(ii) D part of the designated proceedings.
(d) D Attached a certified transcript under rule 8.130(b)(3)(C).
(2) D An agreed statement. (Check and complete either (a) or (b) below.)
(a) D I have attached an agreed statement to this notice.
(b) D All the parties have stipulated (agreed) in writing to try to agree on a statement. (You must attach a copy of this
stipulation to this notice.) I understand that, within 40 days after I file the notice of appeal, I 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) D A settled statement under rule 8.137. (You must check (a), (b), or (c) below, and fill out the settled statement
section (item 6) on page 4.)
(a) D The oral proceedings in the superior court were not reported by a court reporter.
(b) D The oral proceedings in the superior court were reported by a court reporter, but I have an order waiving fees
and costs.
(c) D I am 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.)
3. RECORD OF AN ADMINISTRATIVE PROCEEDING TO BE TRANSMITTED TO THE COURT OF APPEAL
DI request that the clerk transmit to the Court of Appeal 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 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.
Document Title and Description Date of Filing
(1) Notice of appeal 11/27/2023
(2) Notice designating record on appeal (this document) 12/6/2023
(3) Judgment or order appealed from 8/28/2023
(4) Notice of entry of judgment (if any) NA
(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) NA
(6) Ruling on one or more of the items listed in (5) NA
(7) Register of actions or docket (if any) Full ROA; 2/24/2023 to Present
APP-003 [Rev. January 1, 2019] Page 2 of 4
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL
(Unlimited Civil Case)
APP-003
CASE NAME: SUPERIOR COURT CASE NUMBER:
Zuniga-Diaz v. Nissan North America, Inc. BCV-23-100578
4. NOTICE DESIGNATING CLERK'S TRANSCRIPT
b. Additional documents. (If you want any documents from the superior court proceeding in addition to the items listed in 4a.
above to be included in the clerk's transcript, you must identify those documents here.)
DX I request that the clerk include in the transcript the following documents that were filed in the superior court proceeding.
(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)
Defendants Nissan North America, Inc. and H&B Group, Inc. dba Nissan of Bakersfield 5/22/2023
Notice of Motion and Motion to Compel Arbitration and Stay Proceedings
(9) Defendants' Memorandum of Points & Authorities in Support of Motion to Compel Arbitration 5/22/2023
and Stay Proceedings
(10) Declaration of David Polyakov in Support of Motion to Compel Arbitration and Stay Proceedings 5/22/2023
(with attachments)
(11) Request for Judicial Notice in Support of Motion to Compel Arbitration and Stay Proceedings 5/22/2023
(with attachments)
DX See additional pages. (Check here if you need more space to list additional documents. List these documents on a
separate page or pages labeled "Attachment 4b," and start with number (12).)
c. Exhibits to be included in clerk's transcript
D I 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. If the superior court has
returned a designated exhibit to a party, the party in possession of the exhibit must deliver it to the superior court clerk
within 10 days after service of this notice designating the record. (Rule 8.122(a)(3).))
Exhibit Number Description Admitted (Yes/No)
(1)
(2)
(3)
(4)
D See additional pages. (Check here if you need more space to list additional exhibits. List these exhibits on a separate
page or pages labeled "Attachment 4c," and start with number (5).)
5. NOTICE DESIGNATING REPORTER'S TRANSCRIPT
You must complete both a and b in this section if you checked item 2b(1) above indicating that you choose 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. Format of the reporter's transcript
I request that the reporters provide (check one):
(1) D My copy of the reporter's transcript in electronic format.
(2) D My copy of the reporter's transcript in paper format.
(3) D My copy of the reporter's transcript in electronic format and a second copy in paper format.
(Code Civ. Proc., § 271.)
APP-003 [Rev. January 1, 2019] Page 3 of 4
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL
(Unlimited Civil Case)
APP-003
CASE NAME: SUPERIOR COURT CASE NUMBER:
Zuniga-Diaz v. Nissan North America, Inc. BCV-23-100578
5. b. Proceedings
I 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), the name of the court
reporter who recorded the proceedings (if known), and whether a certified transcript of the designated proceeding was
previously prepared.)
Date Department Full/Partial Day Description Reporter's Name Prev. prepared?
(1) â–¡ Yes â–¡ No
(2) â–¡ Yes â–¡ No
(3) â–¡ Yes â–¡ No
(4) â–¡ Yes â–¡ No
D See additional pages. (Check here if you need more space to list additional proceedings. List these exhibits on a separate
page or pages labeled "Attachment 5b," and start with number (5).)
6. NOTICE DESIGNATING PROCEEDINGS TO BE INCLUDED IN SETTLED STATEMENT
(You must complete this section if you checked item 2b(3) above indicating you choose to use a settled statement.) I request
that the following proceedings in the superior court be included in the settled statement. (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), the name of the court reporter who
recorded the proceedings (if known), and whether a certified transcript of the designated proceeding was previously prepared.)
Date Department Full/Partial Day Description Reporter's Name Prev. prepared?
(1) â–¡ Yes â–¡ No
(2) â–¡ Yes â–¡ No
(3) â–¡ Yes â–¡ No
(4) â–¡ Yes â–¡ No
D See additional pages. (Check here if you need more space to list additional proceedings. List these proceedings on a
separate page or pages labeled "Attachment 6," and start with number (5).)
7. a. The proceedings designated in 5b or 6 D include D do not include all of the testimony in the superior court.
b. If the designated proceedings DO NOT include all of the testimony, state the points that you intend to raise on appeal. (Rule
8.130(a)(2) and rule 8.137(d)(1) provide that your appeal will be limited to these points unless the Court of Appeal permits
otherwise.) Points are set forth: Below D
On a separate page labeled "Attachment 7."
Date: 12/6/2023
David Polyakov
(TYPE OR PRINT NAME) (SIGNATURE OF APPELLANT OR ATTORNEY)
APP-003 [Rev. January 1, 2019] Page 4 of 4
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL
(Unlimited Civil Case)
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1 NOTICE DESIGNATING CLERK’S TRANSCRIPT
Attachment 4(b)
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3 (12) Plaintiff Nayvi Isabel Zuniga-Diaz’ Opposition to Defendants Nissan North America, Inc.
4 and H&B Group, Inc. Motion to Compel Binding Arbitration, filed 8/3/2023
5 (13) Defendants’ Reply in Support of Motion to Compel Arbitration and Stay Proceedings, filed
6 08/10/2023
7 (14) Minute Order (Hearing on Motion to Compel Arbitration and Stay Proceedings), filed
8 8/28/2023
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NOTICE DESIGNATING CLERK’S TRANSCRIPT – ATTACHMENT 4(B)
4854-2269-9157 v1
PROOF OF SERVICE
1
I am employed in the County of Los Angeles, State of California. I am over the age of 18
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years and not a party to the within action. My business address is 2049 Century Park East, Suite
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3000, Los Angeles, CA 90067, and my email address is dhillburn@shb.com.
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On December 6, 2023, I served the foregoing document(s) described as APPELLANT’S
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NOTICE DESIGNATING RECORD ON APPEAL on all interested parties in this action as
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follows:
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Parties Represented Attorneys
8 Plaintiff Alexander Khoubian
ALPHA LAW FIRM, P.C.
9 Nayvi Isabel Zuniga-Diaz 9701 Wilshire Blvd., 10th Floor
10 Beverly Hills, CA 90212
Tel: (310) 400-5652
11 Fax: (310) 321-1304
ak@alphalawpc.com
12
Sam Azimtash
13 AZIMTASH LAW FIRM, PC
14 11500 Olympic Blvd., Suite 400
Los Angeles, CA 90064
15 Telephone: (424) 535-1990
Fax: (424) 535-1950
16 sam@azimtashlaw.com
17 ☒ VIA FIRST CLASS U.S. MAIL: I am readily familiar with this firm's practice of
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collection and processing correspondence for mailing. Under that practice, the
envelope would be sealed and it would be deposited with the U.S. postal service on
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that same day in the ordinary course of business at 555 Mission Street, Suite 2300,
San Francisco, CA 94105. I am aware that on motion of party served, service is
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presumed invalid if postal cancellation date or postage meter date is more than 1 day
after date of deposit for mailing in affidavit.
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I declare under penalty of perjury under the laws of the State of California that the foregoing
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is true and correct.
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Executed on December 6, 2023, at Los Angeles, California.
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25 Deborah Hillburn
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DEFENDANT NISSAN’S NOTICE OF APPEAL