Appellate Materials: DYLAN DONNELLY -V- EASTWOOD GARAGE, ETA AL Print

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                                ORIGINAL
                                                                                                                                                    APP-003
[ATTORNEY OR PARTY WITHOUT ATTORNEY,                  ‘STATE BAR NUMBER:                                                 FOR COURT USE ONLY
NAME: Nicholas W. Davila [SBN 256832]; Patrick G. Bollig {SBN 248255]
FIRM NAME: London Fischer, LLP
STREET ADDRESS:        25()5 McCabe Way, Suite 100
Jerry: Irvine                                                  STATE: CA    2P CODE. 92106

                                                                                                                      ve
TELEPHONENO: (949) 252-0550                                   FAXNO: (949) 252-0553                                       Fi
E-MAIL ADDRESS: ndavila@londonfischer.com; pbollig@londonfischer.com
[ATTORNEY FOR (name. Twin City Fire Insurance Company                                                      RANG                N SERNARDINO
                                                                                                                      10 CUCAI MONGA DI: RICT
[SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO
     STREET ADDRESS:   247 W. 3rd Street
    MAILING ADDRESS: 247 W. 3rd Strcet
                                                                                                                          DEC 1 y 2020
CITY AND ZIP CODE: San Bernardino, CA 92415
    BRANCH NAME: San Bernardino Justice Center
         PLAINTIFF/PETITIONER:         Dylan Donnelly
    DEFENDANT/RESPONDENT:              Eastwood Garage, Inc. et al
       OTHER PARENT/PARTY:
              APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL                                            ‘SUPERIOR COURT CASE NUMBER
                                                                                                         CIVDS1702333
                            (UNLIMITED CIVIL CASE)
                                                                                                         ‘COURT OF APPEAL CASE NUMBER (if Anown):
    RE: Appeal filed on (date): December 1, 2020

    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
        { choose to use the following method of providing the Court of Appeal with a record of the documents filed in the superior court                     By
        (check a, b, ¢, or d, and fill in any required information):                                                                                                 Fay
        a. (C7) 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)          | will pay the superior court clerk for this transcript myself when | receive the clerk's estimate of the costs of this
                          transcript. | understand that if | do not pay for this transcript, it will not be prepared and provided to the Court of
                          Appeal
             (2) [7] I request that the clerk's transcript be provided to me at no cost because | cannol afford to pay this cost. | have
                         submitted the following document with this notice designating the record (check (a) or (b)):
                   (a) [2] An order granting a waiver of court fees and costs under rules 3.50-3.58; or
                   (b) [7]       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. (G2) An appendix under rule 8.124
        c,   [_]     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. [-_] 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.         |] 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 tof 4
Form Approved for Optional Use             APPELLANT'S       NOTICE DESIGNATING RECORD                  ON APPEAL                   Cal, Rules  Cour,     los 350.
Jusiciat Council of Cattornia                                                                                                 121-8 128, 812, 120, 8.194, 0.137
APP-003 [Rev Jaruary 1.2019]                                     (Unlimited Civil Case)                                                        en cousicn gow
a                                                     APP-003
  CASE NAME:                                                                                            SUPERIOR COURT CASE NUMBER.
                                                                                                        CIVDS1702333,

2. b. [3] WITH the following record of the oral proceedings in the superior court (you must check (1), (2), ar (3) below):
           (1) [<1          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.) |.have (check all that apply):
                   (a)            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)   [7] Attached a copy of a Transcript Reimbursement Fund application filed under rule 8.130(c)(1).
                   (c)   (2) Attached the reporter's written waiver of a deposit under rule 8,130(bX3XA) for (check either (i) or (i)):
                         (i) (7) aliof the designated proceedings.
                         (ii) ) part of the designated proceedings.
               (cd)      (J Attached a certified transcript under rule 8.130(b)(3)(C).
           (2) []            Anagreed statement. (Check and complete either (a) or (b) below.)
                   (a) [_]        !have attached an agreed statement to this notice.
                   (b) [=] 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.) | understand that, within 40 days after | file the notice of appeal, | 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) [] 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) [}         The oral proceedings in the superior court were not reported by a court reporter.
                   (b) []         The oral proceedings in the superior court were reported by a court reporter, but | have an order waiving fees
                                  and costs.
                   (c) [2]        1am 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) al 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
     {__] ! 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         ]



     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.)
     @.    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
           (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, 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 (if any)
a
-APP.003 [Rev. January 1, 2019]            APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL                                                    Page 20f4
                                                                   (Unlimited Civil Case)