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  • Addington vs Ridgeway Distribution, LLC Civil document preview
  • Addington vs Ridgeway Distribution, LLC Civil document preview
  • Addington vs Ridgeway Distribution, LLC Civil document preview
  • Addington vs Ridgeway Distribution, LLC Civil document preview
  • Addington vs Ridgeway Distribution, LLC Civil document preview
  • Addington vs Ridgeway Distribution, LLC Civil document preview
  • Addington vs Ridgeway Distribution, LLC Civil document preview
  • Addington vs Ridgeway Distribution, LLC Civil document preview
						
                                

Preview

ATTORNEY OR PARry WTHOUT ATTORNEY AP STATE BAR TUMaER: 99509 NAME: Peter W. Craigie FOR COURT USE ONLY FIRM NAME. CRAIGIE. MCCARTHY & CLOW STREETADDRESS: 540 Pacific Ave. San Francisco STATE: CA zlP coDE: 94133 HoNE No.: (415) 732-7788 FAX NO,: E-MAtL ADDRESS: peter@cmsl611,paftners.com ATTORNEY FoR (ramey: dppgll2nt Piner partners SUPERIO R COURT OF CALIFORNIA, COUNTY OF SONOMA STREET ADDRESS: 3305 Cleveland Ave. MAILING ADDRESS: clTY AND zlP coDE: Santa Rosa. CA 95403 BMNCH NAME: f iyil PLAINTIFF/PETITIONER: David Addington, et al. DEFENDANT/RESPONDENT: Ridgervay Distribution. LLC. et al OTHER PARENT/PARTY: APPELLAN T'S NOTIGE DESIGNATING RECORD ON APPEAL SUPERIOR COURT CASE NIJMBER: (UNLtMtTED CtvtL CASE) scv-264723 COURT OF APPEAL CASE NUMBER (if known): RE: Appeal filed on (date): March28,2024 A l70l5l N oti ce Please read lnforma tion on Appeal Procedures for Unlimited Civil Cases (form APP.OOl -lN FO) before co m pleting th ts form This form m ust be filed IN the su perr or cou rt, not n the Co u rt of A ppeal. 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 fitt in any required information): A clerk's transcript under rule 8-122. (You must check (1) or (2) and filt out the clerl<'s transcript section (item 4) on pages 2 and 3 of this form.) (1) l---l 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) l---l 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) l---l An order granting a waiver of court fees and costs under rules 3.50-3.5g; or (form FW-001) to prepare and file this application.) b. x An appendix under rule 8.124. c. The original superior court file under rule S.128. (NOTE: Local rules in the Court of Appeal, First, Third, and Fourth Appellate Disticts, permit parties to stipulate (agree) to use the oiginal supeior cou|t file instead of a clerk,s transcipt; you may se/ecf fhis option if your appeal is in one of these disticts and att the parties have stipulated to use tne originit supeior court file instead of a clerk's transcipt in fhis case. Attach a copy of this stiputation.) d An agreed statement under rule 8.134. (You must complete item 2b(2) below and attach your to agreed statement copies of all the documents that ate required to be included in the clefu's transcipt. These g.134(a).) documents are tisted in rute 2. RECORD OF ORAL PROCEEDINGS IN THE SUPERIOR COURT I choose to proceed (you must check a or b below): a' [Fl WTHoUT 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 o1 nppeat 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 I of 4 Form Approved for Optional Use Judicial Council of Califomia APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Cal. Rules of Court, rules 3.S0, 8.121-a124, 8.128, 8.130, 8.134, 8.137 APP-O03 [Rev. Januayl, 2019] (Untimited CivitCase) w.@ut7s.ca.gov CASE NAME: APP.OO3 SUPERIOR COURT CASE NUMBERT scv-264723 2. b. l---l WITH the following record of the oral proceedings in the superior courl (you must check (1), (2), or (3) below) (1) l---l A reporter's transcript under rule 8.13o. (You must fill out the repoftels transcipt section (item pages on s)3 and 4 of this form.) I have (check ail that appty): (a) Deposited with the superiorcourt clerk the approximate cost of preparing the transcript by including the deposit with this notice as provided in rule g.130(bX1). (b) Attached a copy of a Transcript Reimbursement Fund application filed g.1 under rule 30(c)(1 (c) Attached the reporter's written waiver of a deposit under rule g.1 30(bX3)(A) for (check either (i) or (ii)) (i) all of the designated proceedings. (ii) part of the designated proceedings (d) Attached a certified transcript under rule g.130(b)(3XC). (2) l--l nn agreed statement. (Check and complete either (a) or (b) betow.) (a) I have attached an agreed statement to this notice. (b) All the parties have stipu.lated (agreed) in writing to try to agree on a statement. (you must attach a copy of this stipulation to this notice.J I understand that, within +0 days -after I file the notice of appeal, I must flle 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 fiil out the seftled 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 I have an order waiving fees and costs. (c) I am asking to use a settled statement for reasons other than those listed in (a) or (b). (you must serue and file the motion required under rule 8.137(b) at the same time that you fite this foni. vou'may use rirm App-12s to prepare the motion.) 3. REC ORD OF AN ADMINISTRATIVE PROCEEDING TO BE TRANSMITTED TO THE COURT OF APPEAL I 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 superio r court (give the tiile and date or dates of the administrative proceeding): Title of Administrative proceedi 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 transcipt as the record of the documents filed in the supeior 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 dJcument was signed. Document Title and Descri Date of Fili (1) Notice of appeat (2) Notice designating record on appeal (this document) (3) Judgment or order appealed from (4) Notice of entry of judgm ent (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 appeateo order (if ani) - (6) Ruling on one or more of the items listed in (5) (7) Register of actions or docket (if any) APP{03 [Rev. January 1, 20191 APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 2 ot 4 (Untimited Civit Case) APP.OO3 CASE NAME SUPERIOR COURT CASE NUMBER: 4. NOTICE DESIGNATING CLERK'S TRANSCRIPT b' Additional documents- (tf you want any documents from the supeior court proceeding in addition to the items tisted in 4a. above to be included in the clefu's transcipt, you must identify those documents here.) 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 titte and provide the date it was fited or, if that is not available, the date the document was signed.) Document Title and Descri Date of Filing (8) (e) (1 0) (11) See additional pages. (Check here if you need more space to tist additionat documents. Lisf fhese documents on a separate page or pages labeled "Attachment 4b," and start with number (12).) c. Exhibits to be included in clerk's transcript 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 Plaintiffs #1 or Defendant's A, and a bief desciption of the exhibit. lndicate whether or not the court admifted the exhibit into evidence. lf the supeior courl has retumed a designated exhibit to a pafty, the pafty in possessron of the exhibit must deliver it to the supeior court clerk within 10 days after service of this notice designating the record. (Rute s.122(a)(3).)) Exhibit Number Des on Admitted (Yes/No) (1) (2) (3) (4) See additional pages. (Check here if you need more space to list additionat exhibits. Lisf fhese exhibits on a separate page or pages labeled "Attachment 4c," and start with number (S).) 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 /o use a reporte/s transcipt as the record of the oral proceedings in the supeior court. Please remember tiat yoi must pay for the cost of prepaing the repoftels transcipt. a. Format of the reporter's transcript I request that the reporters provide (check one): (1) My copy of the reporter's transcript in electronic format. (2) My copy of the reporter's transcript in paper format. (3) My copy of the reporter's transcript in electronic format and a second copy in paper format. (Code Civ. Proc., g 271.) APP{03 [Rev. January 1.2019] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 3 of 4 (Untimited CivitGase) APP.OO3 CASE NAME: SUPERIOR COURT CASE NUMBER: 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 desciption of the proceedings (for exampte, the examination of iurors, motions before tial, the taking of testimony, or the giving of jury instructions), the name of the court repofter who recorded the proceedings (if known), and whether a ceftified transcipt of the designated proceeding was previously prepared.) Date Department Full/Partial Day Description Reporter's Name Prev. prepared? (1) lYes n No (2) lYes tr No (3) lYes n No (4) lYes n No See additional pages. (Check here if you need more space to tist additionat proceedings. Llsf fhese exhibits on a separate page or pages labeled "Attachment 5b," and start with number (S).) 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 seff/ed statement.) I request that the following proceedings in the superior court be included in the settled statement. (You must identify each pioceeding you want included by its date, the depaftment in which it took ptace, a desciption of the proceedings (for example, the examination of iurors, motions before tial, the taking of testimony, or the giving of jury instructions), the name of the couft repofter who recorded the proceedings (if known), and whether a ceftified transcript of the designated proceeding was previously prepared.) Date Department Full/Partial Day Description Reporter's Name Prev. prepared' (1) lYes n No (2) lYes tr No (3) lYes ! No (4) lYes tr No See additional pages. (Check here if you need more space to list additionat proceedings. Lrs/ fhese proceedings on a separate page or pages labeled "Attachment 6," and staft with number (S).) 7. a. The proceedings designated in 5b or 6 include [--l Oo not include all of the testimony in the superior court. b. lf 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 pornfs unless the court of Appeal permits otherwise.) Points are set forth Below On a separate page labeled "Attachment 7." Date: May 1,2024 Peter W le OR PRINT NAME) (SIGNATURE OF OR APP{03 [Rev. January 1, 2019] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 4 of 4 (Unlimited CivitCase) PROOF OF SERVICE 1 2 I, Peter W. Craigie, certify and declare as follows J I am over the age of l8 years, and not aparty to this action. My business address is Craigie, McCarthy & Clow,540 Pacific Avenue, San Francisco, California94133. 4 BY ELECTRONIC SERVICE: on May 1,2024,1 emailed a copy of the 5 document(s) described on the below document list, together with a copy of this declaration, to 6 -x-persons on the below service list at their respective email addresses and the transmission the was completed without error. 7 I certify and declare under penalty of perjury under the laws of the State of California 8 that the foregoing is true and correct and that this was executed on May 1,2024. 9 l0 / Peter W 11 rr LIST t2 =r -= APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL €g 13 T4 iYd l4 SERVICE LIST 9F 2"" t5 ttl r Ross B. Jones ross@rossjoneslaw.com 16 Attomeys for respondents Tobias Dodge )o (t O and Humboldt Growers Network, Inc. -a 6 17 F 18 Suzanne Babb sbabb@beyerscostin.com 19 Attorneys for respondent Virgina Pasini 20 Edwin Bradley ebradley@raffl awoffi ce.com Attorneys for respondent 2t Ridgeway Distribution, LLC 22 23 24 25 26 27 28 PROOF OF SERVICE