On September 08, 2010 a
Notice of Appeal
was filed
involving a dispute between
Commonwealth Land Title Insurance Company,
Hwang, Shirley S.,
Fedex Office And Print Services, Inc,
Lum, Winston,
Merchants Bonding Company,
and
Aeschbacher, Bruno,
Afraimi, Morad,
Does 1-25,
Does 1-50,
Emerich, Melvin Lee,
Fedex Office And Print Services, Inc,
Fellmann, Stephen,
Languban, Grachelle,
Lum, Winston,
Lum,, Winston,
Martini & Chnoogle,
Martini & Chnoogle, Inc.,
Megan & Kasi Properties Llc,
Merchants Bonding Company,
M & K Properties, Llc,
Niroula, Kaushal,
Palomino, Elvia,
Replogle, David P.O. Box,
Shah, Jay Chandrakant Ap3101 California Medical Faci Vacaville, Ca 95696,
Hwang, Shirley S.,
for civil
in the District Court of San Francisco County.
Preview
APP-003
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER:188518
FOR COURT USE ONLY
NAME: Marc A. Eisenhart
FIRM NAME:Gates Eisenhart Dawson
STREET ADDRESS:125 South Market Street, Suite 1200
CITY:San Jose STATE: CA ZIP CODE: 95113
TELEPHONE NO.:408.288.8100 FAX NO.:408.288.9409 ELECTRONICALLY
mae@gedlaw.com
E-MAIL ADDRESS:
F I L E D
EZResource, Inc.; Investment Property Mgt., LLC; Michael Flores
ATTORNEY FOR (name): Superior Court of California,
County of San Francisco
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
STREET ADDRESS:400 McAllister Street 06/26/2020
MAILING ADDRESS: Clerk of the Court
San Francisco, CA 94102
CITY AND ZIP CODE: BY: MELISSA DONG
Deputy Clerk
BRANCH NAME:
PLAINTIFF/PETITIONER: Shirley S. Hwang
DEFENDANT/RESPONDENT: FedEx Office and Print Services, Inc., et al
OTHER PARENT/PARTY:
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL SUPERIOR COURT CASE NUMBER:
CGC-10-503332 / CGC-11-512102
(UNLIMITED CIVIL CASE)
COURT OF APPEAL CASE NUMBER (if known):
April 16, 2020
RE: Appeal filed on (date):
Notice: Please read Information on Appeal Procedures for Unlimited Civil Cases (form APP-001-INFO) 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
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 fill in any required information):
a. A clerk's transcript under rule 8.122. (You must check (1) or (2) and fill out the clerk's transcript section (item 4) on pages
2 and 3 of this form.)
(1) 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) 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) An order granting a waiver of court fees and costs under rules 3.50–3.58; or
(b) An application for a waiver of court fees and costs under rules 3.50–3.58. (Use Request to Waive Court Fees
(form FW-001) to prepare and file this application.)
b. An appendix under rule 8.124.
c. The original superior court file under rule 8.128. (NOTE: Local rules in the Court of Appeal, First, Third, and Fourth
Appellate Districts, permit parties to stipulate (agree) 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. 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).)
2. RECORD OF ORAL PROCEEDINGS IN THE SUPERIOR COURT
I choose to proceed (you must check a or b below):
a. WITHOUT 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 of Appeal 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 1 of 4
Form Approved for Optional Use
Judicial Council of California
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Cal. Rules of Court, rules 3.50,
8.121–8.124, 8.128, 8.130, 8.134, 8.137
APP-003 [Rev. January 1, 2019] (Unlimited Civil Case) www.courts.ca.gov
APP-003
CASE NAME: Shirley S. Hwang v FedEx Office and Print Services, Inc., et al SUPERIOR COURT CASE NUMBER:
CGC-10-503332 / CGC-11-512102
2. b. WITH the following record of the oral proceedings in the superior court (you must check (1), (2), or (3) below):
(1) A reporter's transcript under rule 8.130. (You must fill out the reporter's transcript section (item 5) on pages 3 and 4
of this form.) I have (check all that apply):
(a) Deposited with the superior court clerk the approximate cost of preparing the transcript by including the deposit
with this notice as provided in rule 8.130(b)(1). '(326,7('',5(&7/<:,7+&28575(3257(5>6(($77$&+('
/(77(5$1'(67,0$7(@
(b) Attached a copy of a Transcript Reimbursement Fund application filed under rule 8.130(c)(1).
(c) Attached the reporter's written waiver of a deposit under rule 8.130(b)(3)(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 8.130(b)(3)(C).
(2) An agreed statement. (Check and complete either (a) or (b) below.)
(a) I have attached an agreed statement to this notice.
(b) All the parties have stipulated (agreed) in writing to try to agree on a statement. (You must attach a copy of this
stipulation to this notice.) I understand that, within 40 days after I file the notice of appeal, I 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) A settled statement under rule 8.137. (You must check (a), (b), or (c) below, and fill out the settled 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 serve and file
the motion required under rule 8.137(b) at the same time that you file this form. You may use form APP-025 to
prepare the motion.)
3. RECORD 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 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 choose 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)
(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)
(6) Ruling on one or more of the items listed in (5)
(7) Register of actions or docket (if any)
APP-003 [Rev. January 1, 2019]
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 2 of 4
(Unlimited Civil Case)
APP-003
CASE NAME: Shirley S. Hwang v FedEx Office and Print Services, Inc., et al SUPERIOR COURT CASE NUMBER:
CGC-10-503332 / CGC-11-512102
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 4a.
above to be included in the clerk's transcript, 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 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)
See additional pages. (Check here if you need more space to list additional documents. List these 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 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. If the superior court has
returned a designated exhibit to a party, the party in possession of the exhibit must deliver it to the superior court clerk
within 10 days after service of this notice designating the record. (Rule 8.122(a)(3).))
Exhibit Number Description Admitted (Yes/No)
(1)
(2)
(3)
(4)
See additional pages. (Check here if you need more space to list additional exhibits. List these exhibits on a separate
page or pages labeled "Attachment 4c," and start with number (5).)
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 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. 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., § 271.)
APP-003 [Rev. January 1, 2019]
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 3 of 4
(Unlimited Civil Case)
APP-003
CASE NAME: Shirley S. Hwang v FedEx Office and Print Services, Inc., et al SUPERIOR COURT CASE NUMBER:
CGC-10-503332 / CGC-11-512102
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 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 (if known), and whether a certified transcript of the designated proceeding was
previously prepared.)
Date Department Full/Partial Day Description Reporter's Name Prev. prepared?
(1) 12.18. 2019303 Full Mtn Order Restrain. Jdmt Debtors Christine Bedard (10709) Yes No
(2) 02.05.2020 303 Full Motion to Vacate Judgment Christine Bedard (10709) Yes No
(3) Yes No
(4) Yes No
See additional pages. (Check here if you need more space to list additional proceedings. List these exhibits on a separate
page or pages labeled "Attachment 5b," and start with number (5).)
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 settled statement.) I request
that the following proceedings in the superior court be included in the settled statement. (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 (if known), and whether a certified transcript of the designated proceeding was previously prepared.)
Date Department Full/Partial Day Description Reporter's Name Prev. prepared?
(1) Yes No
(2) Yes No
(3) Yes No
(4) Yes No
See additional pages. (Check here if you need more space to list additional proceedings. List these proceedings on a
separate page or pages labeled "Attachment 6," and start with number (5).)
7. a. The proceedings designated in 5b or 6 include do not include all of the testimony in the superior court.
b. 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) and rule 8.137(d)(1) provide that your appeal will be limited to these points unless the Court of Appeal permits
otherwise.) Points are set forth: Below On a separate page labeled "Attachment 7."
Date: June 26, 2020
Marc A. Eisenhart
(TYPE OR PRINT NAME) (SIGNATURE
EOOF
F APPELLANT OR ATTORNEY)
APP-003 [Rev. January 1, 2019]
APPELLANT'S NOTICE DESIGNATING RECORD ECCORD ON APPEAL Page 4 of 4
(Unlimited Civil Case)
125 South Market Street, Suite 1200
San Jose, California 95113-2288
Phone: 408.288.8100
Fax: 408.288.9409 • Web: www.gedlaw.com
June 26, 2020
VIA U.S. MAIL
Barley & Associates
Attn: Marisa Barley
2872 Ygnacio Valley Road, #123
Walnut Creek, CA 94598
Re: Estimate for Appellate Transcript
SF County Superior Case: Commonwealth Land Title Insurance Co., v Fed Ex
Office, et al; Case No.: CGC-10-503332
Dear Marisa:
Enclosed is payment in the amount of $141.78 for the Estimate of
Appellate Transcript in the above referenced case. We would like to order the
transcripts as indicated in the estimate. Thank you.
Very truly yours,
Sharlene Strabley
Paralegal
1 Case Name: Commonwealth Land Title Insurance Co. v. FedEx, et al
2 Court: San Francisco County Superior Court
Case No.: CGC-10-503332 (Consolidated with Case No. CGC-11-512102)
3
4 I am a citizen of the United States and a resident of Santa Clara County. I am over
5 the age of eighteen years and not a party to the within action. My business address is 125
6 South Market Street, Suite 1200, San Jose, California, 95113-2288. On June 26, 2020, I
7 served the following documents:
8
APPELLANT’S NOTICE DESIGNATING RECORD ON APPEAL
9
X BY MAIL on the following party(ies) in said action, in accordance with Code of Civil Procedure
10 §1013(a)by placing a true copy thereof in a sealed envelope with postage fully prepaid, in a
designated area for outgoing mail at the place of business of Gates Eisenhart Dawson Attorneys at
11 Law, which mail is deposited that same day in a United States mailbox in the City of San Jose,
State of California.
12
Attorneys for Cross- Attorney for Chandrakant K. and
13 Defendant/Plaintiff, Shirley Hwang: Mrudula Shah:
14 Morgan K. Lopez Craig J. Bassett
Clement L. Glynn 25 W. First Street Medical
15 Glynn & Finley, LLP Morgan Hill, CA 95037
One Walnut Creek Center E: cbassett@garlic.com
16 100 Pringle Avenue, Ste. 500
17 Walnut Creek, CA 94596
E: cglynn@glynnfinley.com
18 mlopez@glynnfinley.com
19 Jay Chandrakant Shah
20 #AP3101
California Medical Facility
21 Rm No. 6-123
P.O. Box 2000
22 Vacaville, CA 95696
23
24 I declare under penalty of perjury that the foregoing is true and correct, and that this
25 declaration was executed in San Jose, California, on June 26, 2020.
26
27 ________________________________
__________________________________
Sharlene
Sharllene Strabley
28
Proof of Service
1
Preview
APP-003 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER:188518 FOR COURT USE ONLY NAME: Marc A. Eisenhart FIRM NAME:Gates Eisenhart Dawson STREET ADDRESS:125 South Market Street, Suite 1200 CITY:San Jose STATE: CA ZIP CODE: 95113 TELEPHONE NO.:408.288.8100 FAX NO.:408.288.9409 ELECTRONICALLY mae@gedlaw.com E-MAIL ADDRESS: F I L E D EZResource, Inc.; Investment Property Mgt., LLC; Michael Flores ATTORNEY FOR (name): Superior Court of California, County of San Francisco SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO STREET ADDRESS:400 McAllister Street 06/26/2020 MAILING ADDRESS: Clerk of the Court San Francisco, CA 94102 CITY AND ZIP CODE: BY: MELISSA DONG Deputy Clerk BRANCH NAME: PLAINTIFF/PETITIONER: Shirley S. Hwang DEFENDANT/RESPONDENT: FedEx Office and Print Services, Inc., et al OTHER PARENT/PARTY: APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL SUPERIOR COURT CASE NUMBER: CGC-10-503332 / CGC-11-512102 (UNLIMITED CIVIL CASE) COURT OF APPEAL CASE NUMBER (if known): April 16, 2020 RE: Appeal filed on (date): Notice: Please read Information on Appeal Procedures for Unlimited Civil Cases (form APP-001-INFO) 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 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 fill in any required information): a. A clerk's transcript under rule 8.122. (You must check (1) or (2) and fill out the clerk's transcript section (item 4) on pages 2 and 3 of this form.) (1) 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) 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) An order granting a waiver of court fees and costs under rules 3.50–3.58; or (b) An application for a waiver of court fees and costs under rules 3.50–3.58. (Use Request to Waive Court Fees (form FW-001) to prepare and file this application.) b. An appendix under rule 8.124. c. The original superior court file under rule 8.128. (NOTE: Local rules in the Court of Appeal, First, Third, and Fourth Appellate Districts, permit parties to stipulate (agree) 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. 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).) 2. RECORD OF ORAL PROCEEDINGS IN THE SUPERIOR COURT I choose to proceed (you must check a or b below): a. WITHOUT 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 of Appeal 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 1 of 4 Form Approved for Optional Use Judicial Council of California APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Cal. Rules of Court, rules 3.50, 8.121–8.124, 8.128, 8.130, 8.134, 8.137 APP-003 [Rev. January 1, 2019] (Unlimited Civil Case) www.courts.ca.gov APP-003 CASE NAME: Shirley S. Hwang v FedEx Office and Print Services, Inc., et al SUPERIOR COURT CASE NUMBER: CGC-10-503332 / CGC-11-512102 2. b. WITH the following record of the oral proceedings in the superior court (you must check (1), (2), or (3) below): (1) A reporter's transcript under rule 8.130. (You must fill out the reporter's transcript section (item 5) on pages 3 and 4 of this form.) I have (check all that apply): (a) Deposited with the superior court clerk the approximate cost of preparing the transcript by including the deposit with this notice as provided in rule 8.130(b)(1). '(326,7('',5(&7/<:,7+&28575(3257(5>6(($77$&+(' /(77(5$1'(67,0$7(@ (b) Attached a copy of a Transcript Reimbursement Fund application filed under rule 8.130(c)(1). (c) Attached the reporter's written waiver of a deposit under rule 8.130(b)(3)(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 8.130(b)(3)(C). (2) An agreed statement. (Check and complete either (a) or (b) below.) (a) I have attached an agreed statement to this notice. (b) All the parties have stipulated (agreed) in writing to try to agree on a statement. (You must attach a copy of this stipulation to this notice.) I understand that, within 40 days after I file the notice of appeal, I 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) A settled statement under rule 8.137. (You must check (a), (b), or (c) below, and fill out the settled 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 serve and file the motion required under rule 8.137(b) at the same time that you file this form. You may use form APP-025 to prepare the motion.) 3. RECORD 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 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 choose 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) (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) (6) Ruling on one or more of the items listed in (5) (7) Register of actions or docket (if any) APP-003 [Rev. January 1, 2019] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 2 of 4 (Unlimited Civil Case) APP-003 CASE NAME: Shirley S. Hwang v FedEx Office and Print Services, Inc., et al SUPERIOR COURT CASE NUMBER: CGC-10-503332 / CGC-11-512102 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 4a. above to be included in the clerk's transcript, 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 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) See additional pages. (Check here if you need more space to list additional documents. List these 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 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. If the superior court has returned a designated exhibit to a party, the party in possession of the exhibit must deliver it to the superior court clerk within 10 days after service of this notice designating the record. (Rule 8.122(a)(3).)) Exhibit Number Description Admitted (Yes/No) (1) (2) (3) (4) See additional pages. (Check here if you need more space to list additional exhibits. List these exhibits on a separate page or pages labeled "Attachment 4c," and start with number (5).) 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 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. 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., § 271.) APP-003 [Rev. January 1, 2019] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 3 of 4 (Unlimited Civil Case) APP-003 CASE NAME: Shirley S. Hwang v FedEx Office and Print Services, Inc., et al SUPERIOR COURT CASE NUMBER: CGC-10-503332 / CGC-11-512102 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 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 (if known), and whether a certified transcript of the designated proceeding was previously prepared.) Date Department Full/Partial Day Description Reporter's Name Prev. prepared? (1) 12.18. 2019303 Full Mtn Order Restrain. Jdmt Debtors Christine Bedard (10709) Yes No (2) 02.05.2020 303 Full Motion to Vacate Judgment Christine Bedard (10709) Yes No (3) Yes No (4) Yes No See additional pages. (Check here if you need more space to list additional proceedings. List these exhibits on a separate page or pages labeled "Attachment 5b," and start with number (5).) 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 settled statement.) I request that the following proceedings in the superior court be included in the settled statement. (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 (if known), and whether a certified transcript of the designated proceeding was previously prepared.) Date Department Full/Partial Day Description Reporter's Name Prev. prepared? (1) Yes No (2) Yes No (3) Yes No (4) Yes No See additional pages. (Check here if you need more space to list additional proceedings. List these proceedings on a separate page or pages labeled "Attachment 6," and start with number (5).) 7. a. The proceedings designated in 5b or 6 include do not include all of the testimony in the superior court. b. 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) and rule 8.137(d)(1) provide that your appeal will be limited to these points unless the Court of Appeal permits otherwise.) Points are set forth: Below On a separate page labeled "Attachment 7." Date: June 26, 2020 Marc A. Eisenhart (TYPE OR PRINT NAME) (SIGNATURE EOOF F APPELLANT OR ATTORNEY) APP-003 [Rev. January 1, 2019] APPELLANT'S NOTICE DESIGNATING RECORD ECCORD ON APPEAL Page 4 of 4 (Unlimited Civil Case) 125 South Market Street, Suite 1200 San Jose, California 95113-2288 Phone: 408.288.8100 Fax: 408.288.9409 • Web: www.gedlaw.com June 26, 2020 VIA U.S. MAIL Barley & Associates Attn: Marisa Barley 2872 Ygnacio Valley Road, #123 Walnut Creek, CA 94598 Re: Estimate for Appellate Transcript SF County Superior Case: Commonwealth Land Title Insurance Co., v Fed Ex Office, et al; Case No.: CGC-10-503332 Dear Marisa: Enclosed is payment in the amount of $141.78 for the Estimate of Appellate Transcript in the above referenced case. We would like to order the transcripts as indicated in the estimate. Thank you. Very truly yours, Sharlene Strabley Paralegal 1 Case Name: Commonwealth Land Title Insurance Co. v. FedEx, et al 2 Court: San Francisco County Superior Court Case No.: CGC-10-503332 (Consolidated with Case No. CGC-11-512102) 3 4 I am a citizen of the United States and a resident of Santa Clara County. I am over 5 the age of eighteen years and not a party to the within action. My business address is 125 6 South Market Street, Suite 1200, San Jose, California, 95113-2288. On June 26, 2020, I 7 served the following documents: 8 APPELLANT’S NOTICE DESIGNATING RECORD ON APPEAL 9 X BY MAIL on the following party(ies) in said action, in accordance with Code of Civil Procedure 10 §1013(a)by placing a true copy thereof in a sealed envelope with postage fully prepaid, in a designated area for outgoing mail at the place of business of Gates Eisenhart Dawson Attorneys at 11 Law, which mail is deposited that same day in a United States mailbox in the City of San Jose, State of California. 12 Attorneys for Cross- Attorney for Chandrakant K. and 13 Defendant/Plaintiff, Shirley Hwang: Mrudula Shah: 14 Morgan K. Lopez Craig J. Bassett Clement L. Glynn 25 W. First Street Medical 15 Glynn & Finley, LLP Morgan Hill, CA 95037 One Walnut Creek Center E: cbassett@garlic.com 16 100 Pringle Avenue, Ste. 500 17 Walnut Creek, CA 94596 E: cglynn@glynnfinley.com 18 mlopez@glynnfinley.com 19 Jay Chandrakant Shah 20 #AP3101 California Medical Facility 21 Rm No. 6-123 P.O. Box 2000 22 Vacaville, CA 95696 23 24 I declare under penalty of perjury that the foregoing is true and correct, and that this 25 declaration was executed in San Jose, California, on June 26, 2020. 26 27 ________________________________ __________________________________ Sharlene Sharllene Strabley 28 Proof of Service 1