Notice of Appeal: IDA CHRISTINA FUA CRUZ VS. JOEL ENRIQUE ANDINO SANCHEZ et al

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                                APP-003.

ATTORNEY (Name, State Bar number, and address): ‘STATE BAR NO:

nave D. Douglas Shureen 124613

FirmName: McMillan & Shureen LLP

steeetaopress: 50 Santa Rosa Avenue, Suite 200

cm: Santa Rosa, CA 95404 STATE: ZIP CODE:

tetepHoneno: (707) 525-5400 FAX NO. ((f available): (707) 576-7955

E-MAIL ADDRESS (ifavailabley: doug. Shureen@mcmillanshureen.com ELECTRONICALLY

ATTORNEY FOR (name): Defendant JOEL ENRIQUE ANDINO SANCHEZ FILED

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO Supertor Court of Caltfornia,
street appress: 400 McAllister Street en ee
MALLING ADDRESS 05/25/2016
cryanoziecove: San Francisco, CA 94102-4514 Clerk of the Court

BRANCH NAME Deputy Clerk

PLAINTIFF/PETITIONER: IDA CRISTINA CRUZ FUA

DEFENDANT/RESPONDENT: JOEL ENRIQUE ANDINO SANCHEZ, et al.

APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL ‘SUPERIOR COURT CASE NUMBER:
(UNLIMITED CIVIL CASE) CGC-11-515542

RE: Appeal filed on (date): ‘COURT OF APPEAL CASE NUMBER (if known}:

1/22/2016 Al47477

Notice: Please read form APP-001 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

| elect 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, ¢, d, ore and fill in any required information):

a. [2] 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
form.)

(1) (C91 will pay the superior court clerk for this transcript myself when I 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) (I request that the clerk's transcript be provided to me at no cost because | cannot afford to pay this cost. | have
submitted the following document with this notice designating the record (check (a) or (b)}:

(a) An order granting a waiver of court fees and costs under rule 3.50 et seq.; or

(b) KJ 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. XQ) An appendix under rule 8.124.

9

. C2] 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 to 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 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. [CJ 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. [) Asettled 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

| elect to proceed:

a. (CJ 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 of4
“Mace Caco atom APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL 0.104-8.124, 8180, 8180, 6.194, B87
Essential (Unlimited Civil Case) P|

f2\Forms 405410-33APP-003

CASE NAME: SUPERIOR COURT CASE NUMBER:
FUA_v. SANCHEZ, et al. CGC-11-515542

2. b. EQ) WITH the following record of the oral proceedings in the superior court:
(1) [&QA reporter's transcript under rule 8.130. (You must fill out the reporter's transcript section on page 3 of this form.) |
have (check all that apply):

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

(b) Cy Attached a copy of a Transcript Reimbursement Fund application filed under rule 8.130(c)(1)
() Attached the reporter's written waiver of a deposit for (check either (i) or (ii)):

(i) Qjall of the designated proceedings.

(ii) Cl} part of the designated proceedings.
(d) CoyAttached a certified transcript under rule 8.130(b)(3)(C).

(2) [CJAn agreed statement. (Check and complete either (a) or (b) below.)
(a) Ct have attached an agreed statement to this notice.
(b) CQAI the 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) CCQA 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 | [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.)

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 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)

(8) 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)

App ca Rev, January 12076 APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL cee
Eiponme (Unlimited Civil Case)

405410-33APP-003

CASE NAME:
FUA v. SANCHEZ, et

al.

‘SUPERIOR COURT CASE NUMBER:

CGC-11-515542

4. NOTICE DESIGNATING CLERK'S TRANSCRIPT

b. Additional documents. (/f you want any documents from the superior court proceeding in addition to the items listed in 4a.
above fo be included in the clerk's transcript, you must identify those documents here.)

(2) | 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

Date of Filing ]

(8)
(9)
(10)
(11)
(12)

Cy See additional pages.

c, Exhibits to be included in clerk's transcript
(CC) | 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 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)
(2)
(3)
(4)
(5)

(1) 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):

(1) [2] My copy of the reporter's transcript in paper format.

(2) [0] My copy of the reporter's transcript in computer-readable format.

(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, January 1, 2016]

Essential
f\Forms-

APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL

(Unlimited Civil Case)

405410-33

Page 3 of 4APP-003

CASE NAME: ‘SUPERIOR COURT CASE NUMBER:
FUA_v. SANCHEZ, et al. CGC-11-515542
5. b. Proceedings.

9

bate: 5/1/2016

| 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 transcript of the designated proceeding was previously
prepared.)

[ Date [Department | Full/Partial Day | Description [Reporter's Name [Prev. prepared? |

(1) 5/14/2015 608 Full Motions in Mary Jackson CQ Yes CJ No
Limine & Trial

(2) 5/18/2015 608 Partial Open Stmts Mary Jackson [Yes Co No
only

(3) 5/19/2015 608 Partial Testimony J. Mary Jackson [Q Yes (No
Cheng only

(4) 5/20/2015 608 Partial Testimony of Mary Jackson CQ Yes (No
J. Cheng only

() 5/26/2015 608 Partial Testimony of Mary Jackson (Yes (J No
Ida Fua only

(6) 6/1/2015 608 Partial Testimony of J. Mary Jackson Yes KC) No
Gillespie only

(7) 6/4/2015 608 Partial Testimony of J. Mary Jackson (QJ Yes CJ} No

Sanchez only
The proceedings designated in 5b Collinclude [do not include _ alll 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).
1. The trial court erred by refusing Defendant Sanchez's proposed
Special Jury Instruction No. 1;

2. The trial court erred by issuing Defendants Yellow Cab and Taxi
Equipment Leasing's modified Jury Instruction CACI 3704.

3. The Court's errors were prejudicial.

» eo

D. Douglas Shureen

(1VPE OR PRINT NAME) (SIGNATURE OF APPELLANT OR ATTORNEY)
7 pee a i oe APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL eee
Tlrorms: (Unlimited Civil Case)

405410-33Fua v. Sanchez

Case No. CGC-11-515542

Attachment 5.b. — Notice Designating Reporter's Transcript - Proceedings — Continued

Date Dept. Full/Partial | Description Reporter’s | Prev.
Day Name Prepared?
(9) | 6/16/2015 | 608 Partial Argument and Rulings on | Mary [x] Yes [] No
Jury Instructions and Jackson
Instructions to the Jury
only
(10) | 6/47/2016 | 608 Full Jury Trial Mary [x] Yes [] No
Jackson
(11) | 6/24/2015 | 608 Full Jury Trial Mary [x] Yes [] No
Jackson

Appellant’s Notice Designating Record on Appeal - Page 5May 20, 2016

Case Name: Ida Cristina Cruz Fua vs. Joel Enrique Andino Sanchez, et al.

Court Case No.: CGC-11-515542

To whom it may concern:

1, Mary Jackson, hereby waive payment of deposit for preparation of the Reporters' Transcripts on Appeal in
Ida Cristina Cruz Fua vs. Joel Enrique Andino Sanchez, et al.; San Francisco Case Number CGC-11-515542.

Best regards,

Wary. faction,

Mary JacksonFUA v. SANCHEZ, et al.
SAN FRANCISCO COUNTY SUPERIOR COURT CASE No. CGC-11-515542 (Lead
Case) Consolidated with Case Nos. CGC-12-519794 and CGC-13-529705

PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF SONOMA

| am employed in the County of Sonoma, State of California. | am over the age of
18 and not a party to the within action: my business address is 50 Santa Rosa Avenue,
Suite 300, Santa Rosa, California 95404. On the date below indicated, and as
required by the Court’s Order re: Electronic Service of Pleadings in Case No. CGC-
11-515542 (Lead Case) Consolidated with Case Nos. CGC-12-519794 and CGC-13-
529705, | served on the interested parties through File and Serve Xpress in this
action the within document(s) described as:

APPELLANT’S NOTICE DESIGNATING SE) ON APPEAL (UNLIMITED CIVIL

on the recipients designated on the Transaction Receipt located on the File and Serve
Xpress website.

(BY MAIL) by placing the true copies thereof enclosed in sealed envelopes,
postage prepaid, addressed as noted below. | caused such envelope to be
deposited in the mail at Santa Rosa, California 95404. The envelope was mailed
with postage thereon fully prepaid. | am ‘readily familiar’ with our firm's practice of
collection and processing correspondence for mailing. It is deposited with the U.S.
postal service on that same day in the ordinary course of business. | am aware
that on motion of party served, service is presumed invalid if postal cancellation
date or postage meter date is more than 1 day after date of deposit for mailing in
affidavit.

PLEASE SEE ATTACHED SERVICE LIST.
| declare under penalty of perjury under the laws of the State of Califarnia that the

above is true and correct, and that this declaration was executed on May 2016, at
Santa Rosa, California.

Tricia Zech Es

Proof of ServicePROOF OF SERVICE

Ida Cristina Cruz Fua v. Joel Enrldue Andino Sanchez, et al.
San Francisco Coun’ uperior Court No. CGC-11-515542; First District Court of

Appeal, Div. 2 No. A147477
STATE OF CALIFORNIA, COUNTY OF SONOMA

| am employed in the County of Sonoma, State of California. | am over the age of
18 and not a party to the within action: my business address is 50 Santa Rosa Avenue,
Suite 300, Santa Rosa, California 95404. On the date below indicated, | served on the
Gourt Reporter per California Rule of Court 8.130(a)(5) in this action the within documents
lescribed as:

APPELLANT’S NOTICE DESIGNATING SE) ON APPEAL (UNLIMITED CIVIL

X_ (BY MAIL) by placing the true copies thereof enclosed in sealed envelopes,
postage prepaid, addressed as noted below. | caused such envelope tobe _
deposited in the mail at Santa Rosa, California 95404. The envelope was mailed
with postage thereon fully prepaid. | am 'readily familiar’ with our firm's practice of
collection and processing correspondence for mailing. Itis deposited with the U.S.
postal service on that same day in the ordinary course of business. | am aware
that on motion of party served, service is presumed invalid if postal cancellation
eee of postage meter date is more than 1 day after date of deposit for mailing in
affidavit.

Mary Jackson, C.S.R. #8688

c/o First Legal Deposition Services
1138 Howard Street

San Francisco, CA 94103

| declare under penalty of perjury under the laws of the State of Calif nia that the
above is true and correct, and that this declaration was executed on May &S, 2016, at
Santa Rosa, California.

4. i"
Tricia Zech TD ue