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A
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Sep-06-2011 2:13 pm
Case Number: CPF-11-511511
Filing Date: Sep-06-2011 2:08
Juke Box: 001 Image: 03319223
REQUEST FOR CLERKS/REPORTER TRANSCRIPT
Q
ITY AND COUNTY OF SAN FRANCISCO, VS. AJACKS RESTAURANT
001003319223
Instructions:
Please place this sheet on top of the document to be scanned.APP-003
ATTORNE}
Doual
(201 S
San F
ATTOR)
OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
las Greenberg, SBN# 255505
pear Street, Suite 1100
rancisco, CA 94105
TeLEPHONE NO:(415) 287-9990 Faxwo. (optonay: (415) 738-5440
SUPERK
cl
ITY
EMAIL ADDRESS (Optionay: g @douglasgreenberg.com F I E
iEY FOR (Name): Aiacks Restaurant —fen Francisco County Sunerior Cgurt
Sree ores 400 McAllister Street SEP 06 2011
Iu!
OR COURT OF CALIFORNIA, COUNTY OF San Francisco
nc aopress: 400 McAllister Street
PLA
ano zie cove: San Francisco, CA 94102 CLERK OB gee COURT
sravcn name: Appeals Division By:
INTIFF/PETITIONER: City and County of San Francisco 7 Deputy Bier
DEFENDANT/RESPONDENT: Ajacks Restaurant
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Superior Court Case Number:
(UNLIMITED CIVIL CASE) CPF-11-511-511
RE: Appeal filed on (date): 8/25/2011
Court of Appeal Case Number (if known):
No}
col
tice: Please read form APP-001 before completing this form. This form must be filed in the superior
rt, not in the Court of Appeal. :
1. REC
Cd,
ORD 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,
or @ and fill in any required information):
a. SZ) Aclerk'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
(2) [7] I request that the clerk's transcript be provided to me at no cost because | cann
form.)
) Cf twit 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.
\ot afford to pay this cost. | have
attached the following document (check (a) or (b)):
(a) [J] 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.)
b. [1] An appendix under rule 8.124.
c. CL] The original superior court file under rule 8.128. (NOTE: Local rules in the Court of Appeal, First, Third, Fourth, and Fifth
d. [1] Anagreed 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. [1] 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
rule 8.137(b)(3).)
2. RECORD OF ORAL PROCEEDINGS IN THE SUPERIOR COURT
a. [#1] WITHOUT a record of the oral Proceedings in the superior court. | understand that without a record of
lo proceed:
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 proceedin;
igs.
- Page 1 of 4
Form Aprved Opole APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Gat Rules of Cour res 3.50
APP an ly SOT) (Unlimited Civil Case) ce ee unnceAPP-003
|__CASE NAME: City & County of San Francisco v. Ajacks Restaurant | case NUMBER: CPF-11-511-5141 |
b. [1 WITH the following record of the oral Proceedings in the superior court:
8.130(b)(1).
(bo) (J Attached a copy
(i) [77 part of the
1) [JA reporter's transcript under rule 8.130. (You must fill out the reporter's transcript section on Page 3 of this form.)
I have (check all that apply): .
(a) C Deposited the approximate cost of transcribing the designated proceedings with this notice as provided in rule
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):
() [77 allof the designated proceedings.
designated proceedings.
(4) [] Attached a certified transcript under rule 8.130(b)(3).
) [An agreed statement. (Check and complete either (a) or (b) below.)
(2) (1) thave attached an agreed statement to this notice.
designating the record on appeal.
(3) (1 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
mM | request that the clerk transmit to the reviewing court under rule 8.123 the record of the following administrative proceeding
proceeding):
that was admitted into evidence, refused, or lodged in the superior court (give the title and date or dates of the administrative
[ Title of Administrative Proceeding If Date or Dates ]
Ajacks Restaurant for ta
Restaurant. Any other files of
The San Francisco Tax Cdllector's files from its audit of Ajacks varus
Tax Collector relating to D 6
ears 2005 through 2010.
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.)
a. Required documents. The clerk
date each document was filed or,
will automatically include the following items in the clerk's transcript, but you must provide the
if that is not available, the date the document was signed.
L 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
lotwithstanding 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)
APP-003 [Reev. Jy 1, 2010] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Pege 20f4
(Unlimited Civil Case)APP-003
| CASE NAME: City & County of San Francisco v. Ajacks Restaurant
CASE NUMBER: CPF-11-511-511
J
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.
e
(12)
bove to be included in the clerk's transcript, you must identify those documents here.)
m1 request that the clerk include the following documents from the su
identify each document you want included by its title and provide the date it was filed or, if that is not available, the date
iperior court Proceeding in the transcript. (You must
Tax Collechr’s Ce-b Acale Sech Sommury Tod y egle
and Rayer Gy Eabry oF Tudanen
Svanmary Jud greene
(11 See additional pages.
°
m
hibits to be included in clerk's transcript.
(51 request that the clerk include in the trans.
the document was signed
L Document Title and Description JIL Date of Filing ‘|
tren! df 4
" °
STON
8/27/20]!
cript 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):
(Exhibit Number_] [ Description
] [Admitted (Yes/No) |
(1) See additional pages.
5. NOTICE DESIGNATING REPORTER'S TRANSCRIPT
(You must
fal,
of the of,
complete this section if you checked item 2b}
proceedings in the superior court. Please re!
4. [request that the reporters provide (check one):
(1)|[] My copy of the reporter's transcript in paper format.
2) CO My copy of the reporter's transcript in computer-readable format.
(1) above indicating that you elect to use a reporter's transcript as the record
member that you must pay for the cost of. preparing the reporter's transcript.)
(3) My copy of the reporter's transcript in paper format and a second copy in computer-readable format.
(Code Civ. Proc., § 271; Cal. Rules of Court, rule 8. 130(0(4).)
‘APP-003 [Rev. Ju
1, 2010)
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL
(Unlimited Civil Case)
Page 3 of 4
6APP- 003
___CASE NAME: City & County of San Francisco v. Ajacks Restaurant | case NUMBER: CPF-11-511-511 |
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—and, if you know it, the name of the court reporter who recorded the Proceedings).
[__Date~] [Department] [FuluPartial Day] [7 Description of Proceedings __|[ Reporter's Name ]
(1)
(2)
[] See additional pages.
¢. The ptoceedings designated in 5p [1] include [1 do not include all of the testimony in the superior court.
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) provides that your appeal will be limited to these points unless, on motion, the reviewing court permits otherwise).
Date: 9/6/2011
AJACKS RESTAURANT, INC. >
(TYPE OR PRINT NAME) TZ icnature fF APPELLANT OR #ATORNEY)
‘APP-003 Rev. July 1, 2010} APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 4 of 4
(Unlimited Civil Case)
Preview
A SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Sep-06-2011 2:13 pm Case Number: CPF-11-511511 Filing Date: Sep-06-2011 2:08 Juke Box: 001 Image: 03319223 REQUEST FOR CLERKS/REPORTER TRANSCRIPT Q ITY AND COUNTY OF SAN FRANCISCO, VS. AJACKS RESTAURANT 001003319223 Instructions: Please place this sheet on top of the document to be scanned.APP-003 ATTORNE} Doual (201 S San F ATTOR) OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY las Greenberg, SBN# 255505 pear Street, Suite 1100 rancisco, CA 94105 TeLEPHONE NO:(415) 287-9990 Faxwo. (optonay: (415) 738-5440 SUPERK cl ITY EMAIL ADDRESS (Optionay: g @douglasgreenberg.com F I E iEY FOR (Name): Aiacks Restaurant —fen Francisco County Sunerior Cgurt Sree ores 400 McAllister Street SEP 06 2011 Iu! OR COURT OF CALIFORNIA, COUNTY OF San Francisco nc aopress: 400 McAllister Street PLA ano zie cove: San Francisco, CA 94102 CLERK OB gee COURT sravcn name: Appeals Division By: INTIFF/PETITIONER: City and County of San Francisco 7 Deputy Bier DEFENDANT/RESPONDENT: Ajacks Restaurant APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Superior Court Case Number: (UNLIMITED CIVIL CASE) CPF-11-511-511 RE: Appeal filed on (date): 8/25/2011 Court of Appeal Case Number (if known): No} col tice: Please read form APP-001 before completing this form. This form must be filed in the superior rt, not in the Court of Appeal. : 1. REC Cd, ORD 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, or @ and fill in any required information): a. SZ) Aclerk'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 (2) [7] I request that the clerk's transcript be provided to me at no cost because | cann form.) ) Cf twit 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. \ot afford to pay this cost. | have attached the following document (check (a) or (b)): (a) [J] 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.) b. [1] An appendix under rule 8.124. c. CL] The original superior court file under rule 8.128. (NOTE: Local rules in the Court of Appeal, First, Third, Fourth, and Fifth d. [1] Anagreed 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. [1] 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 rule 8.137(b)(3).) 2. RECORD OF ORAL PROCEEDINGS IN THE SUPERIOR COURT a. [#1] WITHOUT a record of the oral Proceedings in the superior court. | understand that without a record of lo proceed: 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 proceedin; igs. - Page 1 of 4 Form Aprved Opole APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Gat Rules of Cour res 3.50 APP an ly SOT) (Unlimited Civil Case) ce ee unnceAPP-003 |__CASE NAME: City & County of San Francisco v. Ajacks Restaurant | case NUMBER: CPF-11-511-5141 | b. [1 WITH the following record of the oral Proceedings in the superior court: 8.130(b)(1). (bo) (J Attached a copy (i) [77 part of the 1) [JA reporter's transcript under rule 8.130. (You must fill out the reporter's transcript section on Page 3 of this form.) I have (check all that apply): . (a) C Deposited the approximate cost of transcribing the designated proceedings with this notice as provided in rule 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): () [77 allof the designated proceedings. designated proceedings. (4) [] Attached a certified transcript under rule 8.130(b)(3). ) [An agreed statement. (Check and complete either (a) or (b) below.) (2) (1) thave attached an agreed statement to this notice. designating the record on appeal. (3) (1 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 mM | request that the clerk transmit to the reviewing court under rule 8.123 the record of the following administrative proceeding proceeding): that was admitted into evidence, refused, or lodged in the superior court (give the title and date or dates of the administrative [ Title of Administrative Proceeding If Date or Dates ] Ajacks Restaurant for ta Restaurant. Any other files of The San Francisco Tax Cdllector's files from its audit of Ajacks varus Tax Collector relating to D 6 ears 2005 through 2010. 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.) a. Required documents. The clerk date each document was filed or, will automatically include the following items in the clerk's transcript, but you must provide the if that is not available, the date the document was signed. L 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 lotwithstanding 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) APP-003 [Reev. Jy 1, 2010] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Pege 20f4 (Unlimited Civil Case)APP-003 | CASE NAME: City & County of San Francisco v. Ajacks Restaurant CASE NUMBER: CPF-11-511-511 J 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. e (12) bove to be included in the clerk's transcript, you must identify those documents here.) m1 request that the clerk include the following documents from the su identify each document you want included by its title and provide the date it was filed or, if that is not available, the date iperior court Proceeding in the transcript. (You must Tax Collechr’s Ce-b Acale Sech Sommury Tod y egle and Rayer Gy Eabry oF Tudanen Svanmary Jud greene (11 See additional pages. ° m hibits to be included in clerk's transcript. (51 request that the clerk include in the trans. the document was signed L Document Title and Description JIL Date of Filing ‘| tren! df 4 " ° STON 8/27/20]! cript 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): (Exhibit Number_] [ Description ] [Admitted (Yes/No) | (1) See additional pages. 5. NOTICE DESIGNATING REPORTER'S TRANSCRIPT (You must fal, of the of, complete this section if you checked item 2b} proceedings in the superior court. Please re! 4. [request that the reporters provide (check one): (1)|[] My copy of the reporter's transcript in paper format. 2) CO My copy of the reporter's transcript in computer-readable format. (1) above indicating that you elect to use a reporter's transcript as the record member that you must pay for the cost of. preparing the reporter's transcript.) (3) My copy of the reporter's transcript in paper format and a second copy in computer-readable format. (Code Civ. Proc., § 271; Cal. Rules of Court, rule 8. 130(0(4).) ‘APP-003 [Rev. Ju 1, 2010) APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL (Unlimited Civil Case) Page 3 of 4 6APP- 003 ___CASE NAME: City & County of San Francisco v. Ajacks Restaurant | case NUMBER: CPF-11-511-511 | 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—and, if you know it, the name of the court reporter who recorded the Proceedings). [__Date~] [Department] [FuluPartial Day] [7 Description of Proceedings __|[ Reporter's Name ] (1) (2) [] See additional pages. ¢. The ptoceedings designated in 5p [1] include [1 do not include all of the testimony in the superior court. 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) provides that your appeal will be limited to these points unless, on motion, the reviewing court permits otherwise). Date: 9/6/2011 AJACKS RESTAURANT, INC. > (TYPE OR PRINT NAME) TZ icnature fF APPELLANT OR #ATORNEY) ‘APP-003 Rev. July 1, 2010} APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 4 of 4 (Unlimited Civil Case)