Preview
Appellant's Ud Designating
Record on Appeal
(Limited Civil Case)
Th
Instructions
+ This form is only for choosing (“designating”) the record on appeal in a
limited civil case.
Before you fill out this form, read Information on Appeal Procedures for
Limited Civil Cases (form APP-101-INFO) to know your rights and
responsibilities. You can get form APP-101-INFO at any courthouse or
county law library or online at www.courts.ca.gov/forms.
+ This form can be attached to your notice of appeal. If it is not attached to
your notice of appeal, you must serve and file this form within 10 days after
you file your notice of appeal. If you do not file this form on time, the
court may dismiss your appeal.
Fill out this form and make a copy of the completed form for your records ©
and for each of the other parties.
“+ Serve a copy of the completed form on each of the other parties and keep
proof of this service. You can get information about how to serve court
papers and proof of service on the California Courts Online Self-Help
Center site at www.courts.ca.gov/selfhelp-serving.him.
+ Take or mail the original completed form and proof of service on the other
parties to the clerk’s office for the same court that issued the judgment or
order you are appealing. Itis,a a £ g
clerk and ask the clerk,to,sta
Your Information
a. Name of Appellant (the party who is filing this appeal):
FRenkie Wont
Name:
Clerk stamps date here when form is filed.
FILED
San Francisco County Superior -]
AUG=3 2020
CLE! COURT
BY.
Deputy Clerk:
You fill in the name and stréet address of the court
that issued the judgment or order you are
appealing:
Superior Court of California, County of
SAN Frepncseo
APPEAIS BIV Spd
You fill in the number and name of the trial court
case in which you are appealing the judgment or
order:
Trial Court Case Number:
CEC-O6~ 488306
Trial Court Case Name:
VS FRAWKIE. WOVE
PeRsoive Lic A Linned LiAginry
You fill in the appellate division case number (if
u know it):
Appellate Division Case Number:
CGL-0C-AE BZ0L
b. Appellant’s contact information (skip this if the appellant has‘a lawyer for this appeal):
TH =o
Street address: 2362 35 AVENUE. Sint LF PAweis Zo CA_FAiL
Street State — Zip.
Mailing address (if different):
Street City State Zip
Phone: 628 AAA 2B06 E-mail:
c. Appellant’s lawyer (skip,this if the appellant does not have a lawyer for this appeal):
Name: Nv, A. : : State Bar number:
" Street address:
Street City State Zip
Mailing address (if different):
. Street . City State Zip
Phone: E-mail: :
Fax: :
judeial Counci of Caliomis, wnw.courts.cagv Appellant's Notice Designating Record on Appeal
Revised January 1, 2018, Optional Form
Cal, Rules of Court, rule 8.831
(Limited Civil Case)
APP-103, Page 1 of 7
>
¢o_PERSOLVE LLC A LIMITED LIABILITY co.
Trial Court Case Number:
: :
Trial Court Case Name: VS FRANKIE WONG et al
CGC--06-458306
Information About Your Appeal
@® On (fill in the date): oT 3
trial court case identified in the box on page 1 of this form.
V/my client filed a notice of appeal in the
Record of Oral Proceedings in the Trial Court’
You do not have to provide the appellate division with a record of what was said in the trial court (this is called a record
of the “oral proceedings”). But if you want to raise any issue in your appeal that would require the appellate division to
consider what was said in the trial court, you will need to provide the appellate division with a record of those oral
proceedings. For example, if you are claiming that there was not evidence supporting the judgment, order, or other
decision you are appealing, you will need to provide a record of the oral proceedings.
@ I elect (choose)/My client elects to proceed (check a or b):
a. WITHOUT a record of the oral proceedings in the trial court (skip item) 3 goto item@)). T understand that
if I elect to proceed without providing a record of the oral proceedings, the appellate division will not be able
to review any issues I might want to raise about what was said in the trial court during those proceedings or
any claim that there was not evidence to support the judgment, order, or decision I am appeajing.
(Write initials here): fn.
b. [1 WITH arecord of the oral proceedings in the trial court (complete item (4) below). I understand that if I elect
(choose) to proceed WITH a record of the oral proceedings in the trial court, I have to choose the record I
want to use and take the actions described below to make sure this record is provided to the appellate
division. I understand that if I do not take the actions described below and the appellate division does not
receive this record, I am not likely to succeed in my appeal. (Write initials here):
@) I want to use the following record of what was said in the trial court proceedings in my case (check and complete
only one of the following below—a, b, c, d, or e):
a. [1 Reporter’s Transcript. This option is available only if there was a court reporter in the trial court who
made a record of what was said in court. Check with the trial court to see if there was a court reporter in
your case before choosing this option. Complete (1) and (2).
(1) Designation of proceedings to be included in reporter’s transcript. I request that the following
proceedings in the trial 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 Description Reporter’s Name Prev. prepared?
(a) [1 Yes [] No
(b) [O Yes [J No
(c) Yes (] No
(d) O Yes [J No
(e) OO Yes [J No
(f) I] Yes [] No
(g) O Yes [No
1 Check here if you need to list other proceedings and attach a separate page or pages listing those
proceedings. At the top of each page, write “APP-103, item 4a.”
Revised January 1.2018 Appellant’s Notice Designating Record on Appeal APP-103, Page 2 J
(Limited Civil Case)Trial Court Case Name:
@ a, (continued)
(2) The proceedings designated in (1) [1] ‘include
PERSOLVE LLC A LIMITED LIABILITY Ct :
VS FRANKIE WONG et al
Trial Court Case Number:
LE C-06-45G-306
“do not include all of the testimony in the trial
court. If the designated proceedings DO NOT include all of the testimony, state the points that you intend to
raise on appeal. (Rule 8.834(a)(2) provides that your appeal will be limited to these points unless, on.a
motion, the appellate division permits otherwise.)
Couer Vveeruse TO HEA MW
Yo monen! - LAM AppeALn b-
Jr) Due PRocass Rigit To BE HEARD.
PRESUD IAL Eeoe "Cot Beko Cause SvBsrawnaL Hare
$& Check here if you need more space to list other BEE kaioh a separate page or pages listing those
points. At the top of each page, write “APP-103, item 4a(2).”
@G) (1 Certified transcripts. I have attached to this Appellant’s Notice Designating Record on Appeal an
original certified transcript of all the proceedings I have designated in (1). The transcript complies with
the format requirements in rule 8.144 of the California Rules of Court. Under rule 8.834, no payment is
due for this transcript (skip the rest of ® and go to®) ).
(4) Payment for reporter’s transcript. nwo teAquScyeypTs TO PAY Fore,
(a) 0 I will pay for the reporter’s transcript I have designated in (1). Within 10 days of getting the
)O
reporter’s estimate of the cost of the transcript, I will:
(1 Deposit an amount equal to the estimated cost of the transcript with the trial court, and a fee of
$50 for the superior court to hold this deposit in trust. | understand that if 1 do not comply with
this requirement, my appeal may be dismissed.
0 File with the trial court a copy of the written waiver of deposit signed by the reporter. J
understand that if I do not comply with this, my appeal may be dismissed.
Iam unable to afford the cost of the reporter’s transcript I have designated in (1) and am therefore
applying to the Transcript Reimbursement Fund to pay for this transcipt. Within 10 days of receipt
of the court reporter’s estimate of the costs for this transcript, I will file with the trial court a copy of
my application to the Court Reporters Board for payment or reimbusement from the Transcript
Reimbursement Fund.
(5) Format of reporter’s transcript. I request that the reporter provide my copy of the transcript in:
comr Reeuse to bHEeAae My
(a) ( Paper format only.
(vb) 1 Electronic format only.
(c) O Both paper and electronic format.
Morton NO Records WHee
OR Uuade
b. 1 Transcript From Official Electronic Recording. This option is available only if an official electronic
recording was made of what was said in the trial court. Check with the trial court to see if an official
electronic recording was made in your case before choosing this option. Identify each proceeding you want
included by its date, the department in which it took place, a description of the proceedings, and if you know
it, the name of the electronic recording monitor who recorded the proceedings:
Date
Department
Description
Electronic Monitor’s Name
(a)
(>)
©)
0 Check here if you need more space to describe any proceeding or to list more proceedings and attach a
separate page describing or listing those proceedings. At the top of each page, write “APP-103, item 4b.”
Revised January 1, 2018
Appellant’s Notice Designating Record on Appeal
(Limited Civil Case)
APP-103, Page 3 of 7
>PERSOLVE LLC A LIMITED LIABILITY CO Trial Court Case Number:
Trial Court Case Name: : VS FRANKIE WONG et al C&EC-O & —4SGSOL,
@ b. (continued) : .
Check and complete (1) or (2). \}ty REECRDS WEEE MADE
(1) 1 1 will pay the trial court clerk for this transcript myself. I understand that if I do not pay for the
transcript, my appeal may be dismissed.
(a) With this notice designating the record on appeal, I have.deposited with the trial court clerk the
approximate cost of transcribing the proceedings I designated above, calculated as provided in rule
8.130(b)(1)(B).
(vb) Within 10 days of receipt of the clerks estimate of the cost of the transcript, I will deposit that
amount with the trial court clerk.
(2) (1 Iam asking that the transcript be provided at no cost to me because I cannot afford to pay this cost. 1
have attached (check (a) or (b) and attach the appropriate document):
(a) An order granting a waiver of the cost under rules 3.50-3.58 and 8.818(d).
(vb) An application for a waiver of court fees and costs under rules 3.50-3.58 and 8.818(d). (Use Request
to Waive Court Fees (form FW-001). The court will review this form to decide if you
are eligible for a fee waiver.)
Nowe mADE OR
c. C1 Copy of Official Electronic Recording. This option is available only if an official electronic recording was
made of what was said in the trial court, the court has a local rule for the appellate division permitting the
use of the official electronic recording itself as the record of the proceedings, and all of the parties have
agreed (stipulated) that they want to use the recording itself as the record of what was said in the case.
Check with the trial court to see if an official electronic recording was made in your case before choosing
this option. You must attach a copy of your agreement (stipulation) with the other parties to this notice.
Check and complete (1) or (2).
(1) (1 I will pay the trial court clerk for this copy of the recording myself when I receive the clerk’s estimate of
the cost of this copy. I understand that if I do not pay for this copy of the recording, it will not be
prepared and provided to the appellate division.
(2) ( 1am asking that a copy of the recording be provided at no cost to me because I cannot afford to pay this
cost. I have submitted the following document with this notice designating the record (check (a) or (b)
and submit the appropriate document):
(a) An order granting a waiver of the cost under rules 3.50-3.58 and 8.818(d).
(b) An application for a waiver of court fees and costs under rules 3.50-3.58 and 8.818(d). (Use
Request to Waive Court Fees (form FW-001). The court will review this form to decide if you are
eligible for a fee waiver.) MOTION — woTt iw to
Comr Reeuse to teare MY “oR N AGREE TD
d. O Agreed Statement. An agreed statement is a summary of the trial court proceedings agreed to by the
parties. See form APP-101-INFO for information about preparing an agreed statement. Check (1) or (2).
(1) (1 Ihave attached an agreed statement to this notice.
(2) (1 All the parties have agreed.in writing (stipulated) to try to agree on a statement (you must attach a copy
of this agreement (stipulation) to this notice). | understand that, within 30 days after I file this notice, 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, and if I do not, the court may dismiss my
appeal.
Revised January 4, 2018 Appellant’s Notice Designating Record on Appeal APP-103, Page 4 of 7
(Limited Civil Case) >| PERSOLVE LLC A LIMITED LIABILITY co
Trial Court Case Name:
Trial Court Case Number:
\
\ VS FRANKIE WONG et al COC ph 488306
Oe
@ (continued) ~
OR
ec. (J Statement on Appeal. A statement on.appeal is a summary of the trial court proceedings approved by the
trial court. See form APP-101-INFO for information about preparing a proposed statement. Check (1) or (2).
(1) C1 Ihave attached my proposed statement on appeal to this notice. (Ifyou are not represented by a lawyer
in this appeal, you must use Proposed Statement on Appeal (Limited Civil Case) (form APP-104) to
prepare and file this proposed statement. You can get a copy of form APP-104 at any courthouse or
county law library or online at www.courts.ca.gov/forms.htm.)
(2) (1 Ihave NOT attached my proposed statement on appeal to this notice. I understand that I must serve and
file this proposed statement in the trial court within 20 days of the date I file this notice and that if 1 do
not file the proposed statement on time, the court may dismiss my appeal.
Record of the Documents Filed in the Trial Court
@) I elect (choose)/My client elects to use the following record of the documents filed in the trial court (check a or b
and fill in any required information):
Louker REESE th HEAR MY Morton NO RECorROS VERE AOVAWED
a. 0 Clerk’s Transcript. (Fill out (1)-(4).) Note that, if the appellate division has adopted a local rule permitting
this, the clerk may prepare and send the original court file to the appellate division instead of a clerk's
transcript.
(1) Required documents. The clerk will automatically include the 2 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.
4 Document Title and Description Date of Filing
(a) Notice of appeal ceRnneD fur VSmml_| 0-819 Exeter :
(b) Notice designating record on appeal (this document) 6-30 2d Ext Rir2
(c) Judgment or order appealed from. : G 3-19 Ex Or R
(a) Notice of entry of judgment (if any)
(e) Notice of intention to move for new trial or motion to vacate the judgment, for judgment APPEAL NoTICg
notwithstanding the verdict, or for reconsideration of gn sppene order i any) Sate! Vo-8-'1 By B 4
(f) Ruling on any item included under (e) r vV / A
(g) Register of actions or docket : 64-20 Exthens
Revised January 12018 - Appellant’s Notice Designating Record on Appeal APP-103, Page 5 of 7
(Limited Civil Case) >PERSOLVE LLC A LIMITED LIABILITY CO °
: : KIE WONG et al Trial Court Case Number:
Trial Court Case Name: VS FRANI KIEWONG etal Ole Ob. ARGS ot
@) a, (continued)
Cour REESE TO HEA mY Moria —1v0 Document YO ADD
(2) Additional documents. /f you want any documents in addition to the required documents listed in (1) above
to be included in the clerk’s transcript, you must identify those documents here.
(1 I request that the clerk include in the transcript the following documents that were filed in the trial court.
(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
@ 1 wWihs seven MoTIEieD Of THE Cowet
©) HeARing To Néupe ésritnen) £6
© | WAS MoT PRESEWT AD Cod REFUSE
@ TO Hea my “ABiuTy Ww PAY" frorren7
©) 1 Hhe po RE@eDS [0 SUBALR
O Check here if you need to list other documents and attach a separate page or pages listing those
documents. At the top of each page, write “APP-103, item Sa(2).”
@) Exhibits. foyer REFUSE To HeMe ry Moti vo byt Bire LEE Epréceo
(1 I request that the clerk include in the transcript the following exhibits that were admitted in evidence,
refused, or lodged in the trial court. (For each exhibit, give the exhibit number (such as Plaintiff's #1 or
Defendant’s A) and a brief description of the exhibit, and indicate whether or not the court admitted the
exhibit into evidence. If the trial court has returned a designated exhibit to a party, the party who has
that exhibit must deliver it to the trial court clerk as soon as possible.) :
Exhibit Number Description Admitted Into Evidence
OO Yes O01 No
OO Yes 0 No
Oo Yes 0 No
OO Yes CI No
OO Yes O01 No
0 Check here if you need to list other exhibits and attach a separate page or pages listing those exhibits.
At the top of each page, write “APP-103, item 5a(3).”
Revised January 1, 2018 Appellant’s Notice Designating Record on Appeal APP-103, Page 6 of 7
(Limited Civil Case) >ty —
PERSOLVE LLC A LIMITED LIABILITY co |
. Trial Court Case Number:
' Trial Court Case Name:
VS FRANKIE WONG etal_- ~~ C6C-06-45 5 B06
® ‘a. (continued)
(4) Payment for clerk’s transcript. (Check a or b.) '
(a) CO Iwill pay the trial court clerk for this transcript myself when I receive the clerk’s estimate of the
costs of the transcript. I understand that if do not pay for the transcript, it will not tbe prepared and
provided to the appellate division.
on I am asking that the clerk’s transcript be provided at no cost to me because I cannot afford to pay
‘ this cost. I have submitted the following document with this notice designating the record (check (i)
or (ii) and submit the checked document):
(@ EF An order granting a waiver of the cost under rules 3.50-3.58 and 8.818(d).
(ii) Zi An application for a waiver of court fees and costs under rules 3.50-3.58 and 8.818(d). (Use
Request to Waive Court Fees (form FW-001). The court will review this form to decide if you
Whe. INDI GEM waiver.) Eonmp pAvPeress HAS BEEN) Fen
OR
b. [1 Agreed statement. (This option is only available if you have chosen to use an agreed statement as the record
of the oral proceedings under item ® above and you 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 Sa(1)
above and in rule 8.832 of the California Rules of Court.)
Date: L3 ‘ ete
Free Wovce- hb
Type or print your name Signature pf eppellant or attorney
>
Revised January, 1, 2018 Appellant’s Notice Designating Record on Appeal APP-103, Page 7 of 7
(Limited Civil Case)27
28
‘“App-103, item 4a(2)
JULY 30, 2020 Proposed Statement To Appeal
Superior Court
Clerks office
400 McAllister . st room 103
San Francisco Calif 94102
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
PERSOLVE LLC, A
LIMITED LIABILITY COMPANY
Plaintiff
Vs case no CGCO06458306
FRANKIE WONG et al,
Defendant
1. DENIED NOTICE FOR COURT HEARING,
2 Attached Constitutional right to “Ability to pay” proposed
motion
3. Prejudical Error, Pro per
DESCRIPTION
1. Appellant was NEVER NOTIFIED of this case hearing with
Persolve LLC, a Limited liability company,
2. Upon post motions, the court REFUSED to hear appellants
‘“Prejudical Error” motions to “CONSTITUTIONAL RIGHT TO”
“ABILITY TO PAY” COURTS JUDGMENT.
3. Appellant’s Prejudicial Error,
NOTICE OF MOTION FOR 473 RELIEF
127
28
4. “App-103, item 4a(2)
COURTS RECORDS
There are no records for Appellant to submit because
1. I was NEVER NOTIFIED of the Initial hearing,
2. My post motions are REFUSED TO BE HEARD IN COURT,
3.
CONTENTS ARGUMENT POINTS
POINT 1, APPELANT WAS NEVER NOTIFIED TO COURTS
RESITUTIONAL HEARING,
FAILURE OF COURT to Exercise Due Diligence
When an administrator fails to exercise due diligence in her attempts to locate heirs
and some heirs come forward after the close of probate, California law requires that
the probate case be reopened. Any person who received property that he was not
actually entitled to under the will is said to have been unjustly enriched. The court can
rule that the unjustly enriched person is holding that property in constructive trust for
the rightful heirs, which means that he actually cannot use the property but must
transfer it to the proper owners, the late-appearing heirs. A dishonest or willfully
negligent administrator may also be subject to civil or criminal penalties.
NOTICE OF MOTION FOR 473 RELIEF
227
28
‘App-103, item 4a(2)
Appellate Court of Illinois, Second District.
The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Edward O'NEIL,
Defendant-Appellant.
No. 2-00-1477. Decided: May 03, 2002
Defendant, Edward O'Neil, appeals the trial court's order denying defendant's petition to
rescind the statutory summary suspension of his driving privileges. The trial court
denied the petition to rescind before conducting a hearing because defendant failed to
file his petition within 90 days after defendant was allegedly notified about the
suspension. See 625 ILCS 5/2-118.1(b) (West 2000). On appeal, defendant argues
that (1) the Secretary of State's (Secretary's) failure to send a prompt confirmation of
the suspension prevented defendant from filing a timely petition; (2) the
Secretary's failure to send a prompt confirmation of the suspension should toll
the time defendant has to file his petition; and (3) the State's failure to advise
defendant about the 90-day limitations period should toll the running of the
limitations period or prevent the Secretary from suspending defendant's driving
privileges. We reverse and remand.
The State argues that the plain meaning of section 2-118.1(b) of the Code does not
require it to advise a defendant about the 90-day limitations period. The State also
notes that defendant was notified about the suspension when he was arrested for
NOTICE OF MOTION FOR 473 RELIEF
3“App-103, item 4a(2)
driving while under the influence of alcohol, and, thus, the 90 days within which
defendant had to file his petition began to run when the arresting officer advised
defendant about the suspension. The State's argument misses the point. The
notification that is required under subparagraph (a) is twofold. _ Merely notifying
the defendant of the suspension does not go far enough to start a 90-day limitations
period. The 90-day limitations period relates to the deadline for filing a petition to
rescind. Without telling the defendant of the right to file a petition to rescind, the
90-day deadline has no meaning. _ Except for statutes of repose, it is axiomatic that a
time limit should not commence until the party to be affected is apprised of the right or
duty that must be exercised within said time limit. Since the defendant here was not
apprised of his right to file a petition to rescind, the alleged necessity of notifying the
defendant of the 90-day limitation is immaterial.
Although the Secretary may not be the individual required to notify the defendant under
section 2-118.1(a), the defendant must be given notice by someone or something
in order for the 90-day time limitation to commence. The notice form given to the
defendant by the officer on the date of the arrest did not provide any notice whatsoever
regarding the defendant's right to a hearing to rescind the suspension. Therefore the
court's determination that the 90-day limitation had run is incorrect.
Given the facts presented in this case, we conclude that the trial court erred when it
denied defendant a hearing on his petition. Here, the petition to rescind was not
filed more than 90 days from the time the defendant received his first written notice that
NOTICE OF MOTION FOR 473 RELIEF
4‘“App-103, item 4a(2)
he had a right to file a petition to rescind. Therefore, we determine that under section
2-118.1(a) the petition was timely filed.
The judgment of the circuit court of Du Page County is reversed, and the cause is
remanded to the trial court for further proceeding consistent with this opinion.
POINT 2, ATTACHED MOTION “ABILITY TO PAY”
POINT 3, Prejudicial Error
Logacz v. Limansky (1999)
PAN AVaKel 21m tal Mer: fois)
[No. B099108. Second Dist., Div. Three. Apr 1, 1999.]
LASZLO LOGACZ et al., Plaintiffs and Appellants, v. RAYMOND LIMANSKY,
Defendant and Respondent.
(Superior Court of Los Angeles County, No. KC013258, Marlene A. Kristovich, Judge.)
This is a medical malpractice case in which Cynthia Logacz, the wife and mother,
respectively, of the plaintiffs, Laszlo Logacz and Heath B. Dunnam, died allegedly as
the result of the professional negligence of the defendant Raymond Limansky, M.D.
Cynthia died [71 Cal. App. 4th 1152] on June 4, 1992 of pulmonary emboli,
NOTICE OF MOTION FOR 473 RELIEF
"5“App-103, item 4a(2)
approximately two weeks after a hysterectomy performed by Dr. Limansky. Plaintiffs
filed this action against Dr. Limansky and several other defendants. fn. 1 Following a
trial during which the trial court refused to give a jury instruction on concurrent causation
(BAJI No. 3.77), the jury found that while Dr. Limansky was indeed negligent in his care
of Cynthia, such negligence was not a cause of her death. Plaintiffs appeal and assert
as the sole claimed error, the trial court's refusal to give the aforesaid requested
instruction.
Because we conclude that, in this case, in which causation was the most critical
contested issue and in which there was substantial evidence of multiple causes of
Cynthia's death, the trial court improperly instructed the jury with respect to concurrent
causation and because such error was clearly prejudicial, we reverse and remand
for a new trial.
CONCLUSION TO STATEMENT FOR APPEAL
1. OBVIOUSLY Appellant was denied his right to be
notified of court hearing,
2. “Appellants Constitutional “Ability to Pay” motion
should be heard,
3. Prejudical Error of above hearing should be reopened.
NOTICE OF MOTION FOR 473 RELIEF
627
28
‘“App-103, item 4a(2)
Certification
I certify that all the above is all true and correct under
penalty of perjury Dated Month ut day__.3/ Year 2020
Notary, 28 USC 1746 In lieu of Notdry, true copy mailed to:
Presolve LLC
9301 Corbin ave ste 1600
Northridge Calif 91324
Thank You
2
Frankié Wong
2362 35th ave
San Francisco Calif 94116
NOTICE OF MOTION FOR 473 RELIEF
7July 28, 2019
Superior Court
Clerks office
400 McAllister st room 103
San Francisco Calif 94102
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
STATE OF CALIFORNIA
Plaintiff
Vs
case no CGC06458306
FRANKIE WONG
Defendant
1. Motion to Reduce Monthly payments to
Adjust payments TO ABILITY TO PAY, Pro-per
Argument
NOTICE OF MOTION FOR 473 RELIEF26
27
Ability to pay
laws PEOPLE V NAI LAN SAELEE no
F020476 May 1995, Nail an Saelee convicted
various crimes and first degree murder was a
restitution fine code 13967 amount
$10,000.00. We address ex post facto of
code 13967 and will modify the judgement to
reduce the fine to statutory minimum.
Saelee claims court failed to ascertain his
ability to pay the $10,000.00 fine that must
be reduced. There was no “ability to pay”
language in statute as it existed time
Saelee committed the felony.
The restitution fine qualifies as punishment
that increase minimum fine from $100 to $200
clearly makes punishment cannot apply to
defendant upon ex post facto change in law.
NOTICE OF MOTION FOR 473 RELIEF
2“Ability to pay” language is an ameliorative
change which, instead of making more
burdensome the “punishment” of the
restitution fine, benefits the defendant.
Where amendatory statue mitigates punishment
and amendment will operate retroactively so
that the lighter punishment is imposed. Inre
Estrada (1965) 63 Cal.2d 740, 748, 48 Cal.Rptr. 172, 408
P.2d 948; see People v. Roberts (1994) 24 Cal.App.4th
1462, 1466, 29 Cal.Rptr.2d 771, Thus the 1992 amendment
may be applied to defendant whose crimes were committed
before the statutory change. Accordingly Saelee should
receive benefit of the “Ability to pay” language contained in
the statute at the time he was sentenced, but cannot be
burdened with the increased minimum fine.
Aiso see in, The PEOPLE V VELIA DUENAS B 285645,
Second Appellate district Division Seven.
NOTICE OF MOTION FOR 473 RELIEF
3Velia homeless indigent plead guilty driving
with suspended license, imposed $200.00 fees
and fines. Duenas contends imposing fees
and fine without considering her ability to
pay violates state and federal
constitutional guarantees because it simple
punishes her for being poor. We agree.
Whatever hardship poverty may cause in
society generally, judicial process must
make itself available to the indigent, it
must free itself of sanctions born of
financial inability, PRESTON V MUNICIPAL
COURT (1961) 188 Cal App.2d 76, 87 quoted
Jameson v Desta (2018) 5 Cal 58 594, 623.
Because Duenas cannot pay the fine and fees
in her poverty, using criminal process to
collect a fine she cannot pay is
unconstitutional. Accordingly we reverse
NOTICE OF MOTION FOR 473 RELIEF
4the order imposing court facilities and
court operations assessments, and we remand
the case to the trial court with directions
to stay the execution of the restitution
fine until the People prove that Duenas has
gained an ability to pay.
Analogous to Frankie Wong.
Mr. Wong struggling a felon out of prison
with court fine exhibit A, - $456,270.25 and
interest $103,260.09 the making payments of
$250.00 per months the interest of $1,000
-0O a month is extremely higher than
Wong’s ability to pay.
Exhibit C, Attorneys fees $1,000.00 a
month, in addition to the courts
$559,530.34 $250.00 a month
Is EXTREMELY HIGHER THAN Wong’s ABILITY TO
PAY OBVIOUSLY.
NOTICE OF MOTION FOR 473 RELIEF
5The Courts case no cr 02 0413 001,
$456,270.25 worst is the INTEREST
$103,260.09 billed at $1,000.00 a month
interest, MAKING IT IMPOSSIBLE TO PAY THIS
DEBT EVER.
NEW COURTS GARNISHMENTS, PRESOLVE LLC,
Northridge case no CGC 06458306 now
garnishing Mr. Wong’s bank deposits, so Wong
cannot pay any of his court bills or
attorney, will drive INTEREST RATES HIGHER
way ABOVE BEYOND Wong’s’ ALREADY INABILITY
TO ability to pay.
Mr. Wong is working on business projects
that will help pay his fines and
restitutions but this current garnishment is
taking all Wong’s last pocket money to
NOTICE OF MOTION FOR 473 RELIEF
6develop his sales to satisfy the court
impossible.
Mr. Wong proposes the following that the
PERSOLVE LLC make a reasonable payment plan,
rather than garnish any funds they find,
making it an impossibility to pay existing
bills would mount more interest on top of
interest
Making the ABILITY TO PAY EXTREMELY
IMPOSSIBLE.
CERTIFICATION
I certify that
all the above is all true and correct under
penalty of perjury Dated JULY, 24 2019,
NOTICE OF MOTION FOR 473 RELIEF
7Notary 28 USC 1746, In lieu of notary.
copy mailed to;
Presolve LLC
9301 Corbin ave ste 1600
Northridge Ca 91324
EX PARTE FOR SUCCESSIVE APPLICATION
Assistant District attorney
Thank You
Frankie Wong pe by
2362 357 AVENUE
San Francisco Calif 94116
True
NOTICE OF MOTION FOR 473 RELIEF
8Brcbuar \
_
oct 8, 2019
Court of Appeals
Superior Court
Clerks office
400 McAllister st room 103
San Francisco Calif 94102
COURT OF APPEALS
SUPERIOR COURT OF CALIFORNIA
|
COUNTY OF SAN FRANCISCO
STATE OF CALIFORNIA ) CASE no CGC-06-458306
Plaintiff ) Notice of Appeal to
Vs ) Superior courts
FRANKIE WONG ) Order Sept 4, 2019
Defendant )
Argument
1. Defendant now files his Notice of Appeal
to this Appeals court for the Superior
courts refusal to hear NEWLY DISCOVERED
NEW INJURY, TO ABILITY TO PAY DOCTORINE
PRO-SE
NOTICE OF MOTION FOR 473 RELIEFExar 2
Appellant's Notice Designating [ lor stamps date hers when form's fe,
Ned ae | Record on Appeal .
(Limited Civil Case) . FE I L E D
istructions : / San Francisco County Superior Gourt
This form is nly for choosing (“designating”) the record * appeal in a JUN 3 0 2020
Before you fill out this form, read Information on Appeal Procedures for om COURT
Limited Civil Cases (form APP-101-INFO) to know your. rights and
responsibilities. You can get form APP-101-INFO at any courthouse or oo and strat 2 eS cour
county law library or online at www.courts.ca.gov/forms. . Ye nt a eiont oF order ‘you are cour
This form can be attached to your notice of appeal. If it is not attached to Ce Court of California, County of
your notice of appeal, you must serve and file this form within 10 days after SAN Een 1S
you file your notice of appeal. If you do not file this form on time, the - . ane " ca
court may dismiss your appeal. . AtPéars. Miuision
Fill out this form and make a copy of the completed form for your records
and for each of the other parties.
/ ‘You filin the ruimber and name of the tral court
Serve a copy of the completed form on each of the other parties and keep case in which you are sppeaing the Judgment or
proof of this service. You can get information about how to serve court
papers and proof of service on the California Courts Online Self-Help Trial Court Case Number:
Center site at www.courts.ca.gowselfhelp-serving.htm. C GC-0 6 7 458 30 6
. Trial Court Case Name:
‘Take or mail the original completed form and proof of service on the other PERSoLvE LLC A LiatéO GAa
parties to the clerk’s office for the same court that issued the judgment or VS FRANK Ww
order you are appealing, It is a good idea to take or mail an extra copy to the eee oe era 16 oe ier Bt
clerk and ask the clerk to stamp it to show that the original has been filed. know It):
Y inf ati . Appellate Division Case Number:
our Information fier g
. Lee -06-45)
a. Name of Appellant (the party who is filing this appeal): L 3 26
Name: Feavikve worst
b. Appellant’s contact information (skip this if the appellant has a lawyer for this appeal):
Street address: 2 362- 36™ Avenve. Siew Fieawaszo CA. 944) Z
Street City ‘State Zip
. Mailing address (if different): :
Street City State Zip
Phone:6 2) A44 2806 E-mail:
c. Appellant's lawyer (skip this if the appellant does not have a lawyer for this appeal):
Name: wl State Bar number:
Street address: v
Street City ‘State Zip
Mailing address (if different): :
. Cily State Zip
Phone: E-mail:
Fax: : :
tude Cre gone Appellant's Notice Designating Record on Appeal APP-103, Page °
Gal, Rulos of Court, rato 6.831 (Limited Civil Case)-—G,
COUNTY OF SAN FRANCISCO
ceo
400 MCALLISTER STREET, SAN FRANCISCO, CA 94102-4514 6
Beir
NO. CGC-06-458306
PERSOLVE LLC A LIMITED LIABILITY COM!
PLAINTIFF(S)
vs.
REJECT
FRANKIE WONG et al
DEFENDANT(S)
The submitted document could not be entered because:
Received Motion to Reopen from New Injury on 08/29/2019---REJECTED due to the following reason(s): 1)!
A Judgment was already entered on 2/29/2017, preventing any further filings. 2) Does not comply with CRC
2.100---2.111. 3) Should you need legal assistance on your case, please read enclosed legal referals.
Date: _Sep 03, 2019 DEPUTY COURT CLERK
TO EXPEDITE FURTHER PROCESSING, RETURN THIS FORM WITH YOUR
PAPERS TO:
SAN FRANCISCO SUPERIOR COURT
400 McAllister Street, Room 103
San Francisco, CA 94102exter 4
OCT 8, 2019
Court of Appeals
Superior Court
Clerks office
400 McAllister st room 103
San Francisco Calif 94102
COURT OF APPEALS
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
STATE OF CALIFORNIA ) CASE no CGC-06-458306
Plaintiff ) Notice of Appeal to
vs ) Superior courts
FRANKIE WONG ) Order Sept 4, 2019
Defendant )
Argument
1. Defendant now files his Notice of Appeal
to this Appeals court for the Superior
courts refusal to hear NEWLY DISCOVERED
NEW INJURY, TO ABILITY TO PAY DOCTORINE
PRO-SE
NOTICE OF MOTION FOR 473 RELIEF
1Exner 5
ENDORSED
FILED
SUPERIOR COURT OF CALIFORNIA San Francisco County ¢
‘COUNTY OF SAN FRANCISCO JUN 3 0 2020
} . CLERK OF THE COU
APPEALS DIVISION KIMBERLY SEPTIE!
py__ KIMBERLY SEPTIE!
Deity
PERSOLVE LLC.A LIMITED LIABILITY )
COMPANY
‘ASE NO.: i
Pleinti si Respon dent CASE NO.: CGC-06-458306
vs. ) NOTICE OF DEFAULT
)
FRANKIE WONG etal }
Defendant/Appellant }
To: Frankie Wong
You are hereby notified that our records indicate the appellant has failed to take the
following necessary step to procure the record on appeal:
Appellant files their Appellant’ s Notice Designating Record on Appeal on June 30",
2020. On this form, appellant has failed to specify whether they wished to proceed with Oral
Proceedings as required by. Rule 8.834 of California Rules of Court. Appellant marked
WITHOUT (Oral Proceedings) in Section 3 but attached a proposed statement on appeal
contradicting their designation. Furthermore, the form is incomplete and is missing any
|| designation as to the.clerk’s transoript. Required documents dates’ must be provided in section 5.
DATED: June 30, 2020 CLERK OF THE COURT
By: KIMBERLY SEPTIEN
: Kimberly Septien, Deputy
PURSUANT TO RULE 8.842 CRC, UNLESS THE ACT OR ACTS LISTED ABOVE ARE
PERFORMED WITHIN 15: DAYS FROM THE MAILING OF THIS NOTICE, THE
CLERK OF THE REVIEWING COURT MAY ENTER AN ORDER DISMISSING THE
APPEAL.
Preview
Appellant's Ud Designating Record on Appeal (Limited Civil Case) Th Instructions + This form is only for choosing (“designating”) the record on appeal in a limited civil case. Before you fill out this form, read Information on Appeal Procedures for Limited Civil Cases (form APP-101-INFO) to know your rights and responsibilities. You can get form APP-101-INFO at any courthouse or county law library or online at www.courts.ca.gov/forms. + This form can be attached to your notice of appeal. If it is not attached to your notice of appeal, you must serve and file this form within 10 days after you file your notice of appeal. If you do not file this form on time, the court may dismiss your appeal. Fill out this form and make a copy of the completed form for your records © and for each of the other parties. “+ Serve a copy of the completed form on each of the other parties and keep proof of this service. You can get information about how to serve court papers and proof of service on the California Courts Online Self-Help Center site at www.courts.ca.gov/selfhelp-serving.him. + Take or mail the original completed form and proof of service on the other parties to the clerk’s office for the same court that issued the judgment or order you are appealing. Itis,a a £ g clerk and ask the clerk,to,sta Your Information a. Name of Appellant (the party who is filing this appeal): FRenkie Wont Name: Clerk stamps date here when form is filed. FILED San Francisco County Superior -] AUG=3 2020 CLE! COURT BY. Deputy Clerk: You fill in the name and stréet address of the court that issued the judgment or order you are appealing: Superior Court of California, County of SAN Frepncseo APPEAIS BIV Spd You fill in the number and name of the trial court case in which you are appealing the judgment or order: Trial Court Case Number: CEC-O6~ 488306 Trial Court Case Name: VS FRAWKIE. WOVE PeRsoive Lic A Linned LiAginry You fill in the appellate division case number (if u know it): Appellate Division Case Number: CGL-0C-AE BZ0L b. Appellant’s contact information (skip this if the appellant has‘a lawyer for this appeal): TH =o Street address: 2362 35 AVENUE. Sint LF PAweis Zo CA_FAiL Street State — Zip. Mailing address (if different): Street City State Zip Phone: 628 AAA 2B06 E-mail: c. Appellant’s lawyer (skip,this if the appellant does not have a lawyer for this appeal): Name: Nv, A. : : State Bar number: " Street address: Street City State Zip Mailing address (if different): . Street . City State Zip Phone: E-mail: : Fax: : judeial Counci of Caliomis, wnw.courts.cagv Appellant's Notice Designating Record on Appeal Revised January 1, 2018, Optional Form Cal, Rules of Court, rule 8.831 (Limited Civil Case) APP-103, Page 1 of 7 > ¢o_PERSOLVE LLC A LIMITED LIABILITY co. Trial Court Case Number: : : Trial Court Case Name: VS FRANKIE WONG et al CGC--06-458306 Information About Your Appeal @® On (fill in the date): oT 3 trial court case identified in the box on page 1 of this form. V/my client filed a notice of appeal in the Record of Oral Proceedings in the Trial Court’ You do not have to provide the appellate division with a record of what was said in the trial court (this is called a record of the “oral proceedings”). But if you want to raise any issue in your appeal that would require the appellate division to consider what was said in the trial court, you will need to provide the appellate division with a record of those oral proceedings. For example, if you are claiming that there was not evidence supporting the judgment, order, or other decision you are appealing, you will need to provide a record of the oral proceedings. @ I elect (choose)/My client elects to proceed (check a or b): a. WITHOUT a record of the oral proceedings in the trial court (skip item) 3 goto item@)). T understand that if I elect to proceed without providing a record of the oral proceedings, the appellate division will not be able to review any issues I might want to raise about what was said in the trial court during those proceedings or any claim that there was not evidence to support the judgment, order, or decision I am appeajing. (Write initials here): fn. b. [1 WITH arecord of the oral proceedings in the trial court (complete item (4) below). I understand that if I elect (choose) to proceed WITH a record of the oral proceedings in the trial court, I have to choose the record I want to use and take the actions described below to make sure this record is provided to the appellate division. I understand that if I do not take the actions described below and the appellate division does not receive this record, I am not likely to succeed in my appeal. (Write initials here): @) I want to use the following record of what was said in the trial court proceedings in my case (check and complete only one of the following below—a, b, c, d, or e): a. [1 Reporter’s Transcript. This option is available only if there was a court reporter in the trial court who made a record of what was said in court. Check with the trial court to see if there was a court reporter in your case before choosing this option. Complete (1) and (2). (1) Designation of proceedings to be included in reporter’s transcript. I request that the following proceedings in the trial 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 Description Reporter’s Name Prev. prepared? (a) [1 Yes [] No (b) [O Yes [J No (c) Yes (] No (d) O Yes [J No (e) OO Yes [J No (f) I] Yes [] No (g) O Yes [No 1 Check here if you need to list other proceedings and attach a separate page or pages listing those proceedings. At the top of each page, write “APP-103, item 4a.” Revised January 1.2018 Appellant’s Notice Designating Record on Appeal APP-103, Page 2 J (Limited Civil Case)Trial Court Case Name: @ a, (continued) (2) The proceedings designated in (1) [1] ‘include PERSOLVE LLC A LIMITED LIABILITY Ct : VS FRANKIE WONG et al Trial Court Case Number: LE C-06-45G-306 “do not include all of the testimony in the trial court. If the designated proceedings DO NOT include all of the testimony, state the points that you intend to raise on appeal. (Rule 8.834(a)(2) provides that your appeal will be limited to these points unless, on.a motion, the appellate division permits otherwise.) Couer Vveeruse TO HEA MW Yo monen! - LAM AppeALn b- Jr) Due PRocass Rigit To BE HEARD. PRESUD IAL Eeoe "Cot Beko Cause SvBsrawnaL Hare $& Check here if you need more space to list other BEE kaioh a separate page or pages listing those points. At the top of each page, write “APP-103, item 4a(2).” @G) (1 Certified transcripts. I have attached to this Appellant’s Notice Designating Record on Appeal an original certified transcript of all the proceedings I have designated in (1). The transcript complies with the format requirements in rule 8.144 of the California Rules of Court. Under rule 8.834, no payment is due for this transcript (skip the rest of ® and go to®) ). (4) Payment for reporter’s transcript. nwo teAquScyeypTs TO PAY Fore, (a) 0 I will pay for the reporter’s transcript I have designated in (1). Within 10 days of getting the )O reporter’s estimate of the cost of the transcript, I will: (1 Deposit an amount equal to the estimated cost of the transcript with the trial court, and a fee of $50 for the superior court to hold this deposit in trust. | understand that if 1 do not comply with this requirement, my appeal may be dismissed. 0 File with the trial court a copy of the written waiver of deposit signed by the reporter. J understand that if I do not comply with this, my appeal may be dismissed. Iam unable to afford the cost of the reporter’s transcript I have designated in (1) and am therefore applying to the Transcript Reimbursement Fund to pay for this transcipt. Within 10 days of receipt of the court reporter’s estimate of the costs for this transcript, I will file with the trial court a copy of my application to the Court Reporters Board for payment or reimbusement from the Transcript Reimbursement Fund. (5) Format of reporter’s transcript. I request that the reporter provide my copy of the transcript in: comr Reeuse to bHEeAae My (a) ( Paper format only. (vb) 1 Electronic format only. (c) O Both paper and electronic format. Morton NO Records WHee OR Uuade b. 1 Transcript From Official Electronic Recording. This option is available only if an official electronic recording was made of what was said in the trial court. Check with the trial court to see if an official electronic recording was made in your case before choosing this option. Identify each proceeding you want included by its date, the department in which it took place, a description of the proceedings, and if you know it, the name of the electronic recording monitor who recorded the proceedings: Date Department Description Electronic Monitor’s Name (a) (>) ©) 0 Check here if you need more space to describe any proceeding or to list more proceedings and attach a separate page describing or listing those proceedings. At the top of each page, write “APP-103, item 4b.” Revised January 1, 2018 Appellant’s Notice Designating Record on Appeal (Limited Civil Case) APP-103, Page 3 of 7 >PERSOLVE LLC A LIMITED LIABILITY CO Trial Court Case Number: Trial Court Case Name: : VS FRANKIE WONG et al C&EC-O & —4SGSOL, @ b. (continued) : . Check and complete (1) or (2). \}ty REECRDS WEEE MADE (1) 1 1 will pay the trial court clerk for this transcript myself. I understand that if I do not pay for the transcript, my appeal may be dismissed. (a) With this notice designating the record on appeal, I have.deposited with the trial court clerk the approximate cost of transcribing the proceedings I designated above, calculated as provided in rule 8.130(b)(1)(B). (vb) Within 10 days of receipt of the clerks estimate of the cost of the transcript, I will deposit that amount with the trial court clerk. (2) (1 Iam asking that the transcript be provided at no cost to me because I cannot afford to pay this cost. 1 have attached (check (a) or (b) and attach the appropriate document): (a) An order granting a waiver of the cost under rules 3.50-3.58 and 8.818(d). (vb) An application for a waiver of court fees and costs under rules 3.50-3.58 and 8.818(d). (Use Request to Waive Court Fees (form FW-001). The court will review this form to decide if you are eligible for a fee waiver.) Nowe mADE OR c. C1 Copy of Official Electronic Recording. This option is available only if an official electronic recording was made of what was said in the trial court, the court has a local rule for the appellate division permitting the use of the official electronic recording itself as the record of the proceedings, and all of the parties have agreed (stipulated) that they want to use the recording itself as the record of what was said in the case. Check with the trial court to see if an official electronic recording was made in your case before choosing this option. You must attach a copy of your agreement (stipulation) with the other parties to this notice. Check and complete (1) or (2). (1) (1 I will pay the trial court clerk for this copy of the recording myself when I receive the clerk’s estimate of the cost of this copy. I understand that if I do not pay for this copy of the recording, it will not be prepared and provided to the appellate division. (2) ( 1am asking that a copy of the recording be provided at no cost to me because I cannot afford to pay this cost. I have submitted the following document with this notice designating the record (check (a) or (b) and submit the appropriate document): (a) An order granting a waiver of the cost under rules 3.50-3.58 and 8.818(d). (b) An application for a waiver of court fees and costs under rules 3.50-3.58 and 8.818(d). (Use Request to Waive Court Fees (form FW-001). The court will review this form to decide if you are eligible for a fee waiver.) MOTION — woTt iw to Comr Reeuse to teare MY “oR N AGREE TD d. O Agreed Statement. An agreed statement is a summary of the trial court proceedings agreed to by the parties. See form APP-101-INFO for information about preparing an agreed statement. Check (1) or (2). (1) (1 Ihave attached an agreed statement to this notice. (2) (1 All the parties have agreed.in writing (stipulated) to try to agree on a statement (you must attach a copy of this agreement (stipulation) to this notice). | understand that, within 30 days after I file this notice, 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, and if I do not, the court may dismiss my appeal. Revised January 4, 2018 Appellant’s Notice Designating Record on Appeal APP-103, Page 4 of 7 (Limited Civil Case) >| PERSOLVE LLC A LIMITED LIABILITY co Trial Court Case Name: Trial Court Case Number: \ \ VS FRANKIE WONG et al COC ph 488306 Oe @ (continued) ~ OR ec. (J Statement on Appeal. A statement on.appeal is a summary of the trial court proceedings approved by the trial court. See form APP-101-INFO for information about preparing a proposed statement. Check (1) or (2). (1) C1 Ihave attached my proposed statement on appeal to this notice. (Ifyou are not represented by a lawyer in this appeal, you must use Proposed Statement on Appeal (Limited Civil Case) (form APP-104) to prepare and file this proposed statement. You can get a copy of form APP-104 at any courthouse or county law library or online at www.courts.ca.gov/forms.htm.) (2) (1 Ihave NOT attached my proposed statement on appeal to this notice. I understand that I must serve and file this proposed statement in the trial court within 20 days of the date I file this notice and that if 1 do not file the proposed statement on time, the court may dismiss my appeal. Record of the Documents Filed in the Trial Court @) I elect (choose)/My client elects to use the following record of the documents filed in the trial court (check a or b and fill in any required information): Louker REESE th HEAR MY Morton NO RECorROS VERE AOVAWED a. 0 Clerk’s Transcript. (Fill out (1)-(4).) Note that, if the appellate division has adopted a local rule permitting this, the clerk may prepare and send the original court file to the appellate division instead of a clerk's transcript. (1) Required documents. The clerk will automatically include the 2 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. 4 Document Title and Description Date of Filing (a) Notice of appeal ceRnneD fur VSmml_| 0-819 Exeter : (b) Notice designating record on appeal (this document) 6-30 2d Ext Rir2 (c) Judgment or order appealed from. : G 3-19 Ex Or R (a) Notice of entry of judgment (if any) (e) Notice of intention to move for new trial or motion to vacate the judgment, for judgment APPEAL NoTICg notwithstanding the verdict, or for reconsideration of gn sppene order i any) Sate! Vo-8-'1 By B 4 (f) Ruling on any item included under (e) r vV / A (g) Register of actions or docket : 64-20 Exthens Revised January 12018 - Appellant’s Notice Designating Record on Appeal APP-103, Page 5 of 7 (Limited Civil Case) >PERSOLVE LLC A LIMITED LIABILITY CO ° : : KIE WONG et al Trial Court Case Number: Trial Court Case Name: VS FRANI KIEWONG etal Ole Ob. ARGS ot @) a, (continued) Cour REESE TO HEA mY Moria —1v0 Document YO ADD (2) Additional documents. /f you want any documents in addition to the required documents listed in (1) above to be included in the clerk’s transcript, you must identify those documents here. (1 I request that the clerk include in the transcript the following documents that were filed in the trial court. (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 @ 1 wWihs seven MoTIEieD Of THE Cowet ©) HeARing To Néupe ésritnen) £6 © | WAS MoT PRESEWT AD Cod REFUSE @ TO Hea my “ABiuTy Ww PAY" frorren7 ©) 1 Hhe po RE@eDS [0 SUBALR O Check here if you need to list other documents and attach a separate page or pages listing those documents. At the top of each page, write “APP-103, item Sa(2).” @) Exhibits. foyer REFUSE To HeMe ry Moti vo byt Bire LEE Epréceo (1 I request that the clerk include in the transcript the following exhibits that were admitted in evidence, refused, or lodged in the trial court. (For each exhibit, give the exhibit number (such as Plaintiff's #1 or Defendant’s A) and a brief description of the exhibit, and indicate whether or not the court admitted the exhibit into evidence. If the trial court has returned a designated exhibit to a party, the party who has that exhibit must deliver it to the trial court clerk as soon as possible.) : Exhibit Number Description Admitted Into Evidence OO Yes O01 No OO Yes 0 No Oo Yes 0 No OO Yes CI No OO Yes O01 No 0 Check here if you need to list other exhibits and attach a separate page or pages listing those exhibits. At the top of each page, write “APP-103, item 5a(3).” Revised January 1, 2018 Appellant’s Notice Designating Record on Appeal APP-103, Page 6 of 7 (Limited Civil Case) >ty — PERSOLVE LLC A LIMITED LIABILITY co | . Trial Court Case Number: ' Trial Court Case Name: VS FRANKIE WONG etal_- ~~ C6C-06-45 5 B06 ® ‘a. (continued) (4) Payment for clerk’s transcript. (Check a or b.) ' (a) CO Iwill pay the trial court clerk for this transcript myself when I receive the clerk’s estimate of the costs of the transcript. I understand that if do not pay for the transcript, it will not tbe prepared and provided to the appellate division. on I am asking that the clerk’s transcript be provided at no cost to me because I cannot afford to pay ‘ this cost. I have submitted the following document with this notice designating the record (check (i) or (ii) and submit the checked document): (@ EF An order granting a waiver of the cost under rules 3.50-3.58 and 8.818(d). (ii) Zi An application for a waiver of court fees and costs under rules 3.50-3.58 and 8.818(d). (Use Request to Waive Court Fees (form FW-001). The court will review this form to decide if you Whe. INDI GEM waiver.) Eonmp pAvPeress HAS BEEN) Fen OR b. [1 Agreed statement. (This option is only available if you have chosen to use an agreed statement as the record of the oral proceedings under item ® above and you 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 Sa(1) above and in rule 8.832 of the California Rules of Court.) Date: L3 ‘ ete Free Wovce- hb Type or print your name Signature pf eppellant or attorney > Revised January, 1, 2018 Appellant’s Notice Designating Record on Appeal APP-103, Page 7 of 7 (Limited Civil Case)27 28 ‘“App-103, item 4a(2) JULY 30, 2020 Proposed Statement To Appeal Superior Court Clerks office 400 McAllister . st room 103 San Francisco Calif 94102 SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO PERSOLVE LLC, A LIMITED LIABILITY COMPANY Plaintiff Vs case no CGCO06458306 FRANKIE WONG et al, Defendant 1. DENIED NOTICE FOR COURT HEARING, 2 Attached Constitutional right to “Ability to pay” proposed motion 3. Prejudical Error, Pro per DESCRIPTION 1. Appellant was NEVER NOTIFIED of this case hearing with Persolve LLC, a Limited liability company, 2. Upon post motions, the court REFUSED to hear appellants ‘“Prejudical Error” motions to “CONSTITUTIONAL RIGHT TO” “ABILITY TO PAY” COURTS JUDGMENT. 3. Appellant’s Prejudicial Error, NOTICE OF MOTION FOR 473 RELIEF 127 28 4. “App-103, item 4a(2) COURTS RECORDS There are no records for Appellant to submit because 1. I was NEVER NOTIFIED of the Initial hearing, 2. My post motions are REFUSED TO BE HEARD IN COURT, 3. CONTENTS ARGUMENT POINTS POINT 1, APPELANT WAS NEVER NOTIFIED TO COURTS RESITUTIONAL HEARING, FAILURE OF COURT to Exercise Due Diligence When an administrator fails to exercise due diligence in her attempts to locate heirs and some heirs come forward after the close of probate, California law requires that the probate case be reopened. Any person who received property that he was not actually entitled to under the will is said to have been unjustly enriched. The court can rule that the unjustly enriched person is holding that property in constructive trust for the rightful heirs, which means that he actually cannot use the property but must transfer it to the proper owners, the late-appearing heirs. A dishonest or willfully negligent administrator may also be subject to civil or criminal penalties. NOTICE OF MOTION FOR 473 RELIEF 227 28 ‘App-103, item 4a(2) Appellate Court of Illinois, Second District. The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Edward O'NEIL, Defendant-Appellant. No. 2-00-1477. Decided: May 03, 2002 Defendant, Edward O'Neil, appeals the trial court's order denying defendant's petition to rescind the statutory summary suspension of his driving privileges. The trial court denied the petition to rescind before conducting a hearing because defendant failed to file his petition within 90 days after defendant was allegedly notified about the suspension. See 625 ILCS 5/2-118.1(b) (West 2000). On appeal, defendant argues that (1) the Secretary of State's (Secretary's) failure to send a prompt confirmation of the suspension prevented defendant from filing a timely petition; (2) the Secretary's failure to send a prompt confirmation of the suspension should toll the time defendant has to file his petition; and (3) the State's failure to advise defendant about the 90-day limitations period should toll the running of the limitations period or prevent the Secretary from suspending defendant's driving privileges. We reverse and remand. The State argues that the plain meaning of section 2-118.1(b) of the Code does not require it to advise a defendant about the 90-day limitations period. The State also notes that defendant was notified about the suspension when he was arrested for NOTICE OF MOTION FOR 473 RELIEF 3“App-103, item 4a(2) driving while under the influence of alcohol, and, thus, the 90 days within which defendant had to file his petition began to run when the arresting officer advised defendant about the suspension. The State's argument misses the point. The notification that is required under subparagraph (a) is twofold. _ Merely notifying the defendant of the suspension does not go far enough to start a 90-day limitations period. The 90-day limitations period relates to the deadline for filing a petition to rescind. Without telling the defendant of the right to file a petition to rescind, the 90-day deadline has no meaning. _ Except for statutes of repose, it is axiomatic that a time limit should not commence until the party to be affected is apprised of the right or duty that must be exercised within said time limit. Since the defendant here was not apprised of his right to file a petition to rescind, the alleged necessity of notifying the defendant of the 90-day limitation is immaterial. Although the Secretary may not be the individual required to notify the defendant under section 2-118.1(a), the defendant must be given notice by someone or something in order for the 90-day time limitation to commence. The notice form given to the defendant by the officer on the date of the arrest did not provide any notice whatsoever regarding the defendant's right to a hearing to rescind the suspension. Therefore the court's determination that the 90-day limitation had run is incorrect. Given the facts presented in this case, we conclude that the trial court erred when it denied defendant a hearing on his petition. Here, the petition to rescind was not filed more than 90 days from the time the defendant received his first written notice that NOTICE OF MOTION FOR 473 RELIEF 4‘“App-103, item 4a(2) he had a right to file a petition to rescind. Therefore, we determine that under section 2-118.1(a) the petition was timely filed. The judgment of the circuit court of Du Page County is reversed, and the cause is remanded to the trial court for further proceeding consistent with this opinion. POINT 2, ATTACHED MOTION “ABILITY TO PAY” POINT 3, Prejudicial Error Logacz v. Limansky (1999) PAN AVaKel 21m tal Mer: fois) [No. B099108. Second Dist., Div. Three. Apr 1, 1999.] LASZLO LOGACZ et al., Plaintiffs and Appellants, v. RAYMOND LIMANSKY, Defendant and Respondent. (Superior Court of Los Angeles County, No. KC013258, Marlene A. Kristovich, Judge.) This is a medical malpractice case in which Cynthia Logacz, the wife and mother, respectively, of the plaintiffs, Laszlo Logacz and Heath B. Dunnam, died allegedly as the result of the professional negligence of the defendant Raymond Limansky, M.D. Cynthia died [71 Cal. App. 4th 1152] on June 4, 1992 of pulmonary emboli, NOTICE OF MOTION FOR 473 RELIEF "5“App-103, item 4a(2) approximately two weeks after a hysterectomy performed by Dr. Limansky. Plaintiffs filed this action against Dr. Limansky and several other defendants. fn. 1 Following a trial during which the trial court refused to give a jury instruction on concurrent causation (BAJI No. 3.77), the jury found that while Dr. Limansky was indeed negligent in his care of Cynthia, such negligence was not a cause of her death. Plaintiffs appeal and assert as the sole claimed error, the trial court's refusal to give the aforesaid requested instruction. Because we conclude that, in this case, in which causation was the most critical contested issue and in which there was substantial evidence of multiple causes of Cynthia's death, the trial court improperly instructed the jury with respect to concurrent causation and because such error was clearly prejudicial, we reverse and remand for a new trial. CONCLUSION TO STATEMENT FOR APPEAL 1. OBVIOUSLY Appellant was denied his right to be notified of court hearing, 2. “Appellants Constitutional “Ability to Pay” motion should be heard, 3. Prejudical Error of above hearing should be reopened. NOTICE OF MOTION FOR 473 RELIEF 627 28 ‘“App-103, item 4a(2) Certification I certify that all the above is all true and correct under penalty of perjury Dated Month ut day__.3/ Year 2020 Notary, 28 USC 1746 In lieu of Notdry, true copy mailed to: Presolve LLC 9301 Corbin ave ste 1600 Northridge Calif 91324 Thank You 2 Frankié Wong 2362 35th ave San Francisco Calif 94116 NOTICE OF MOTION FOR 473 RELIEF 7July 28, 2019 Superior Court Clerks office 400 McAllister st room 103 San Francisco Calif 94102 SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO STATE OF CALIFORNIA Plaintiff Vs case no CGC06458306 FRANKIE WONG Defendant 1. Motion to Reduce Monthly payments to Adjust payments TO ABILITY TO PAY, Pro-per Argument NOTICE OF MOTION FOR 473 RELIEF26 27 Ability to pay laws PEOPLE V NAI LAN SAELEE no F020476 May 1995, Nail an Saelee convicted various crimes and first degree murder was a restitution fine code 13967 amount $10,000.00. We address ex post facto of code 13967 and will modify the judgement to reduce the fine to statutory minimum. Saelee claims court failed to ascertain his ability to pay the $10,000.00 fine that must be reduced. There was no “ability to pay” language in statute as it existed time Saelee committed the felony. The restitution fine qualifies as punishment that increase minimum fine from $100 to $200 clearly makes punishment cannot apply to defendant upon ex post facto change in law. NOTICE OF MOTION FOR 473 RELIEF 2“Ability to pay” language is an ameliorative change which, instead of making more burdensome the “punishment” of the restitution fine, benefits the defendant. Where amendatory statue mitigates punishment and amendment will operate retroactively so that the lighter punishment is imposed. Inre Estrada (1965) 63 Cal.2d 740, 748, 48 Cal.Rptr. 172, 408 P.2d 948; see People v. Roberts (1994) 24 Cal.App.4th 1462, 1466, 29 Cal.Rptr.2d 771, Thus the 1992 amendment may be applied to defendant whose crimes were committed before the statutory change. Accordingly Saelee should receive benefit of the “Ability to pay” language contained in the statute at the time he was sentenced, but cannot be burdened with the increased minimum fine. Aiso see in, The PEOPLE V VELIA DUENAS B 285645, Second Appellate district Division Seven. NOTICE OF MOTION FOR 473 RELIEF 3Velia homeless indigent plead guilty driving with suspended license, imposed $200.00 fees and fines. Duenas contends imposing fees and fine without considering her ability to pay violates state and federal constitutional guarantees because it simple punishes her for being poor. We agree. Whatever hardship poverty may cause in society generally, judicial process must make itself available to the indigent, it must free itself of sanctions born of financial inability, PRESTON V MUNICIPAL COURT (1961) 188 Cal App.2d 76, 87 quoted Jameson v Desta (2018) 5 Cal 58 594, 623. Because Duenas cannot pay the fine and fees in her poverty, using criminal process to collect a fine she cannot pay is unconstitutional. Accordingly we reverse NOTICE OF MOTION FOR 473 RELIEF 4the order imposing court facilities and court operations assessments, and we remand the case to the trial court with directions to stay the execution of the restitution fine until the People prove that Duenas has gained an ability to pay. Analogous to Frankie Wong. Mr. Wong struggling a felon out of prison with court fine exhibit A, - $456,270.25 and interest $103,260.09 the making payments of $250.00 per months the interest of $1,000 -0O a month is extremely higher than Wong’s ability to pay. Exhibit C, Attorneys fees $1,000.00 a month, in addition to the courts $559,530.34 $250.00 a month Is EXTREMELY HIGHER THAN Wong’s ABILITY TO PAY OBVIOUSLY. NOTICE OF MOTION FOR 473 RELIEF 5The Courts case no cr 02 0413 001, $456,270.25 worst is the INTEREST $103,260.09 billed at $1,000.00 a month interest, MAKING IT IMPOSSIBLE TO PAY THIS DEBT EVER. NEW COURTS GARNISHMENTS, PRESOLVE LLC, Northridge case no CGC 06458306 now garnishing Mr. Wong’s bank deposits, so Wong cannot pay any of his court bills or attorney, will drive INTEREST RATES HIGHER way ABOVE BEYOND Wong’s’ ALREADY INABILITY TO ability to pay. Mr. Wong is working on business projects that will help pay his fines and restitutions but this current garnishment is taking all Wong’s last pocket money to NOTICE OF MOTION FOR 473 RELIEF 6develop his sales to satisfy the court impossible. Mr. Wong proposes the following that the PERSOLVE LLC make a reasonable payment plan, rather than garnish any funds they find, making it an impossibility to pay existing bills would mount more interest on top of interest Making the ABILITY TO PAY EXTREMELY IMPOSSIBLE. CERTIFICATION I certify that all the above is all true and correct under penalty of perjury Dated JULY, 24 2019, NOTICE OF MOTION FOR 473 RELIEF 7Notary 28 USC 1746, In lieu of notary. copy mailed to; Presolve LLC 9301 Corbin ave ste 1600 Northridge Ca 91324 EX PARTE FOR SUCCESSIVE APPLICATION Assistant District attorney Thank You Frankie Wong pe by 2362 357 AVENUE San Francisco Calif 94116 True NOTICE OF MOTION FOR 473 RELIEF 8Brcbuar \ _ oct 8, 2019 Court of Appeals Superior Court Clerks office 400 McAllister st room 103 San Francisco Calif 94102 COURT OF APPEALS SUPERIOR COURT OF CALIFORNIA | COUNTY OF SAN FRANCISCO STATE OF CALIFORNIA ) CASE no CGC-06-458306 Plaintiff ) Notice of Appeal to Vs ) Superior courts FRANKIE WONG ) Order Sept 4, 2019 Defendant ) Argument 1. Defendant now files his Notice of Appeal to this Appeals court for the Superior courts refusal to hear NEWLY DISCOVERED NEW INJURY, TO ABILITY TO PAY DOCTORINE PRO-SE NOTICE OF MOTION FOR 473 RELIEFExar 2 Appellant's Notice Designating [ lor stamps date hers when form's fe, Ned ae | Record on Appeal . (Limited Civil Case) . FE I L E D istructions : / San Francisco County Superior Gourt This form is nly for choosing (“designating”) the record * appeal in a JUN 3 0 2020 Before you fill out this form, read Information on Appeal Procedures for om COURT Limited Civil Cases (form APP-101-INFO) to know your. rights and responsibilities. You can get form APP-101-INFO at any courthouse or oo and strat 2 eS cour county law library or online at www.courts.ca.gov/forms. . Ye nt a eiont oF order ‘you are cour This form can be attached to your notice of appeal. If it is not attached to Ce Court of California, County of your notice of appeal, you must serve and file this form within 10 days after SAN Een 1S you file your notice of appeal. If you do not file this form on time, the - . ane " ca court may dismiss your appeal. . AtPéars. Miuision Fill out this form and make a copy of the completed form for your records and for each of the other parties. / ‘You filin the ruimber and name of the tral court Serve a copy of the completed form on each of the other parties and keep case in which you are sppeaing the Judgment or proof of this service. You can get information about how to serve court papers and proof of service on the California Courts Online Self-Help Trial Court Case Number: Center site at www.courts.ca.gowselfhelp-serving.htm. C GC-0 6 7 458 30 6 . Trial Court Case Name: ‘Take or mail the original completed form and proof of service on the other PERSoLvE LLC A LiatéO GAa parties to the clerk’s office for the same court that issued the judgment or VS FRANK Ww order you are appealing, It is a good idea to take or mail an extra copy to the eee oe era 16 oe ier Bt clerk and ask the clerk to stamp it to show that the original has been filed. know It): Y inf ati . Appellate Division Case Number: our Information fier g . Lee -06-45) a. Name of Appellant (the party who is filing this appeal): L 3 26 Name: Feavikve worst b. Appellant’s contact information (skip this if the appellant has a lawyer for this appeal): Street address: 2 362- 36™ Avenve. Siew Fieawaszo CA. 944) Z Street City ‘State Zip . Mailing address (if different): : Street City State Zip Phone:6 2) A44 2806 E-mail: c. Appellant's lawyer (skip this if the appellant does not have a lawyer for this appeal): Name: wl State Bar number: Street address: v Street City ‘State Zip Mailing address (if different): : . Cily State Zip Phone: E-mail: Fax: : : tude Cre gone Appellant's Notice Designating Record on Appeal APP-103, Page ° Gal, Rulos of Court, rato 6.831 (Limited Civil Case)-—G, COUNTY OF SAN FRANCISCO ceo 400 MCALLISTER STREET, SAN FRANCISCO, CA 94102-4514 6 Beir NO. CGC-06-458306 PERSOLVE LLC A LIMITED LIABILITY COM! PLAINTIFF(S) vs. REJECT FRANKIE WONG et al DEFENDANT(S) The submitted document could not be entered because: Received Motion to Reopen from New Injury on 08/29/2019---REJECTED due to the following reason(s): 1)! A Judgment was already entered on 2/29/2017, preventing any further filings. 2) Does not comply with CRC 2.100---2.111. 3) Should you need legal assistance on your case, please read enclosed legal referals. Date: _Sep 03, 2019 DEPUTY COURT CLERK TO EXPEDITE FURTHER PROCESSING, RETURN THIS FORM WITH YOUR PAPERS TO: SAN FRANCISCO SUPERIOR COURT 400 McAllister Street, Room 103 San Francisco, CA 94102exter 4 OCT 8, 2019 Court of Appeals Superior Court Clerks office 400 McAllister st room 103 San Francisco Calif 94102 COURT OF APPEALS SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO STATE OF CALIFORNIA ) CASE no CGC-06-458306 Plaintiff ) Notice of Appeal to vs ) Superior courts FRANKIE WONG ) Order Sept 4, 2019 Defendant ) Argument 1. Defendant now files his Notice of Appeal to this Appeals court for the Superior courts refusal to hear NEWLY DISCOVERED NEW INJURY, TO ABILITY TO PAY DOCTORINE PRO-SE NOTICE OF MOTION FOR 473 RELIEF 1Exner 5 ENDORSED FILED SUPERIOR COURT OF CALIFORNIA San Francisco County ¢ ‘COUNTY OF SAN FRANCISCO JUN 3 0 2020 } . CLERK OF THE COU APPEALS DIVISION KIMBERLY SEPTIE! py__ KIMBERLY SEPTIE! Deity PERSOLVE LLC.A LIMITED LIABILITY ) COMPANY ‘ASE NO.: i Pleinti si Respon dent CASE NO.: CGC-06-458306 vs. ) NOTICE OF DEFAULT ) FRANKIE WONG etal } Defendant/Appellant } To: Frankie Wong You are hereby notified that our records indicate the appellant has failed to take the following necessary step to procure the record on appeal: Appellant files their Appellant’ s Notice Designating Record on Appeal on June 30", 2020. On this form, appellant has failed to specify whether they wished to proceed with Oral Proceedings as required by. Rule 8.834 of California Rules of Court. Appellant marked WITHOUT (Oral Proceedings) in Section 3 but attached a proposed statement on appeal contradicting their designation. Furthermore, the form is incomplete and is missing any || designation as to the.clerk’s transoript. Required documents dates’ must be provided in section 5. DATED: June 30, 2020 CLERK OF THE COURT By: KIMBERLY SEPTIEN : Kimberly Septien, Deputy PURSUANT TO RULE 8.842 CRC, UNLESS THE ACT OR ACTS LISTED ABOVE ARE PERFORMED WITHIN 15: DAYS FROM THE MAILING OF THIS NOTICE, THE CLERK OF THE REVIEWING COURT MAY ENTER AN ORDER DISMISSING THE APPEAL.