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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
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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.
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BY ELECTRONIC SERVICE: on May 1,2024,1 emailed a copy of the
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document(s) described on the below document list, together with a copy of this declaration, to
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-x-persons on the below service list at their respective email addresses and the transmission
the
was completed without error.
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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.
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l0 /
Peter W
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rr LIST
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-= APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL
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SERVICE LIST
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ttl r Ross B. Jones ross@rossjoneslaw.com
16 Attomeys for respondents Tobias Dodge
)o
(t O and Humboldt Growers Network, Inc.
-a
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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
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PROOF OF SERVICE