Notice of Appeal: JEROME F SHELDON et al VS. JOHN ROGERS et al

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                                APP-003

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address),
ffrev-B BN-930°

eo, hy
#5, Jeffrey Banchero (SBN Py

‘The Banchero Law Firm LLP
our Embarcadero Center, 17th Floor
San Francisco, CA 94111

E-MAIL ADDRESS (optona: ejb@bancherolaw.com
ATTORNEY FOR (Name) Defendant and Appellant, John Rogers

TELEPHONE NO; 415-398-7000 FAX NO. (optional) :

SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco

STREET ADDRESS: 400 McAllister St.
MAILING ADDRESS:

cry AND ziP CODE: San Francisco, CA 94111
BRANCH NAME: Civic Center Courthouse

PlaintiffPetitioner: Jerome Sheldon, et al.

ELECTRONICALLY
FILED

Superior Court of California,
County of San Francisco

OCT 24 2014

Clerk of the Court
BY: MELISSA DONG
Deputy Clerk

Defendant/Respondent: John Rogers

{UNLIMITED CIVIL CASE)

APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL

Superior Court Case Number:
CGC-12-521485

RE: Appeal filed on (dete):October 15, 2014

Court of Appeal Case Number (if known):
A143315

not in the Court of Appeal.

Notice: Please read form APP-001 before completing this form. This form must be filed in the superior court,

1. RECORD OF THE DOCUMENTS FILED IN THE SUPERIOR COURT

elect to use the following method of providing the Court of Appeal with a record of the documents filed in the superior (check a, b,

c, d, or e and fill in any required information):

a. [77] Acterk’s transcript under rule 8.122. (You must check (1) or (2) and fill out the clerk's transcript section on page 2 of this

form.)

(1) [_] Iwill 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) [__] | request that the clerk's transcript be provided to me at no cost because | cannot afford to pay this cost. | have

attached the following document (check (a) or (b)):

{a) [C7] An order granting a waiver of court fees and costs under rule 3.50 et seq.; or

(b) [__] An application for a waiver of court fees and costs under rule 3.50 et seq. (Use Request to Waive Court

Fees (form FW-001) to prepare and file this application.)

os

. [7 An appendix under rule 8.124.

°

. [7] The original superior court file under rule 8.128. (NOTE: Local rules in the Court of Appeal, First, Third, Fourth, and Fifth

Appellate Districts, permit parties fo stipulate 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 ail the parties have stipulated fo use the original superior
court file instead of a clerk's transcript in this case. Attach a copy of this stipulation.)

d. [7] 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).)

e. [__] Asettied statement under rule 8.137. (You must complete item 2b(3) below and attach to your proposed statement on
appeal copies of all the documents that are required to be included in the clerk's transcript. These documents are listed in

tule 8.137(b)(3).)

l elect to proceed:

RECORD OF ORAL PROCEEDINGS IN THE SUPERIOR COURT

a. [__] WITHOUT a record of the oral proceedings 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 determining whether an error was made in the superior court proceedings.

Page 1 of 4

Foye Coenat ot Callan APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Cal, Rules of Court, rules 3.50,

APP-003 (Rev. Jan. 1. 2014} (Unlimited Civil Case)

8.121-8.124, 8.126, 8,130, 6.184, 8.17
waw.courts.ca.govAPP-003

Case Name: Jerome Sheldon, et al. v. John Rogers Superior Court Case Number:
CGC=12-521485

b. [3] WITH the following record of the oral proceedings in the superior court:

(4) [7] A reporter's transcript under rule 8.130. (You must fill out the reporter's transcript section on page 3 of this
form.} | have (check ali that apply):

(a) [x] Deposited the approximate cost of transcribing the designated proceedings with this notice as provided in
rule 8.130(b)(1).

(o) [_] Attached a copy of a Transcript Reimbursement Fund application filed under rule 8.130(c)(1).
(c} [7] Attached the reporter's written waiver of a deposit for (check either (i) or (ii)):
() [1 all ofthe designated proceedings.

—___ (i ==} part orthe designated proceedings-
(d) [1] Attached a certified transcript under rule 8.130(b)(3).
(2) [27] Anagreed statement. (Check and complete either (a) or (b} below.)

(a) [7] | have attached an agreed statement to this notice.

(b) [7] Allthe parties have agreed in writing (stipulated) 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) co A settled statement under rule 8.137. (You must attach the motion required under rule 8.137(a) to this form.)

3. RECORD OF AN ADMINISTRATIVE PROCEEDING TO BE TRANSMITTED TO THE REVIEWING COURT

{"] | request that the clerk transmit to the reviewing court 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 1 Date or Dates |

4. NOTICE DESIGNATING CLERK'S TRANSCRIPT

(You must complete this section if you checked item 1a. above indicating that you elect 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 i 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)

{8} Ruling on one or more of the items listed in (5).
(7) Register of actions or docket (if any)

APP-008 [Rev. Jan. 1, 2014} APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 2 of 4
(Uniimited Civil Case)APP-003

Case Name: Jerome Sheldon, et al. v. John Rogers ‘Superior Court Case Number:

€GC-12-521485

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 a.
above to be included in the clerk's transcript, you must identify those documents here.)

C1 request that the clerk include the following documents from the superior court proceeding in the transcript. (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 1 Date of Filing ]

(8)

(9)

(10)
ay

(42)

[J See additional pages.

c. Exhibits to be included in clerk's transcript.

[7] 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 brief
description of the exhibit. Indicate whether or not the court admitted the exhibit into evidence):

[Exhibit Number _][ Description | | Admitted (Yes/No) |

a)
(2)
(3)
(4)
5)

[7] See additional pages.

5. NOTICE DESIGNATING REPORTER'S TRANSCRIPT

(You must complete this section if you checked item 2b(1) above indicating that you elect 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. | request that the reporters provide (check one):
(4) [7] My copy of the reporter's transcript in paper format.

(2) [7] My copy of the reporter’s transcript in computer-readable format.

(3) [C7] My copy of the reporter's transcript in paper format and a second copy in computer-readable format.

(Code Civ. Proc., § 271; Cai, Rules of Court, rule 8 130(9(4).)

APP-008 (Rev Jan. 1, 2014] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page Sof4
(Unlimited Civil Case)APP-003

Case Name: Jerome Sheldon, et al. v, John Rogers Superior Court Case Number:

€GC-1 1485

b. Proceedings.

| 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, and whether a certified transcnpt of the designated proceeding was previously

prepared.)
[Date ~ [Department] Full/Partial Day] Description [__Reporter’s Name | Prev. prepared? |
(7-18-13 305 ‘Partial Motion to Bifurcate Brenda L. Crow, CSR [zx] Yes [-] No
10503
(2)10-25-13 305 Partial Motion for Summary Judgment/ Margaret Collins, CSR [k] Yes [J No
° ~~ Adjudication 37
(3)12-2-13 305 Full Trial Tamara E. Keen, SCR [] Yes [ No
5404 & MaryAnn Scanlan
(4)12-3-14 305 Full Trial Mary Ann Scanlan, CSR fk] Yes [] No
8875
(5)12-4-13 305 Full Trial Mary Ann Scanlan, CSR fx] Yes [] No
8875
(6)6-12-14 305 Partial Motion for Attorneys’ Fees, Kelly L. Shainline, CSR. Yes [] No
Motion for Judgment 13476
(7) (1 Yes [] No
c. The proceedings designated in 5b [GC] include (] do not include ail of the testimony in the superior court.

If the designated proceedings DO NOT include ail of the testimony, state the points that you intend to raise on appeal (rule
8.130(a)(2) provides that your appeal will be limited to these points unless, on motion, the reviewing court permits otherwise).

Date: October 24, 2014
X

E. Jeffrey Banchero >
{PYPE GR PRINT NAME) (SIGHATURE OF AAPELLANT OR ATTORNEY)

ApP-008 Rev. Jan. 1 2044) APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 4.or4
(Unlimited Civil Case}PROOF OF SERVICE

lam over eighteen years old, not a party in this litigation, and my business address is, Four
Embarcadero Center, 17th Floor, San Francisco, California 94111. On October 24, 2014, I served

a true copy of the attached on the parties in said action as follows:

APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL;

(BY-C-S-MAIE) by placing a true copy thereof enclosedina sealed envelope—
with postage thereon fully prepaid, for collection and mailing at my place of
business following ordinary business practices. Said documents will be deposited
with the United States Post Office mailbox at San Francisco, California,
addressed as follows:

x

(BY OVERNIGHT DELIVER Y/FEDERAL EXPRESS) by placing a true copy
thereof enclosed in a sealed envelope, with delivery fees prepaid, deposited with
the authorized overnight/Federal Express carrier/box at San Francisco, California,
addressed as follows:

(BY FACSIMILE) by transmitting the foregoing document(s) by facsimile to the
party(ies) identified below by using the facsimile number(s) indicated, Said
transmission(s) were verified as complete and without error.

(BY ELECTRONIC TRANSMISSION) by transmitting the foregoing
document(s) by electronic transmission to the party(ies) identified below by using
the email addresses as indicated. Said transmission(s) were verified as complete
and without error.

Joseph W. Cotchett
Cotchett Pitre & McCarthy
840 Malcolm Rd., Suite 200
Burlingame, CA 94010

Scanlan Stone Reporters
1245 Kearny St., Suite 2A
San Francisco, CA 94133

William H. Parish

William Parish, a Prof. Law Corp.
1919 Grand Canal Blvd.,

Suite A-5

Stockton, CA 95207

Brenda L. Crow, CSR
6440 Stoneridge Mall Rd., #K-223
Pleasanton, CA 94558

Steven J. Joffe

Wilson, Elser Moskowitz et al.
555 South Flower St.,

Suite 2900

Los Angeles, CA 90071

1 declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correct. Executed in San Francisco, California, on October 24, 2014,

KR
‘pevon Warmer

PROOF OF SERVICE