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APP-003
[ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: 249874
FOR COURT USE ONLY
ave: Naomi R. Dewey, Esq.
Firm Name: TRUSTED LEGAL, A Professional Law Corporation
Istrcct apprcss:21 E. Carrillo St., Suite 130
city: SANTA BARBARA STATE CA ZIP CodE:93 101
TELEPHONE NO.: (805) 979-5160 FAX NO,
E-MAIL ADDRESS: naomi@trusted.legal
ATTORNEY FOR (name):Respondents i073 Investments, Inc. and Tristan Strauss ELECTRONICALLY FILED
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA Superior Court of California
STREET ADDRESS; 1100 Anacapa Street County of Santa Barbara
MAILING ADDRESS: P.O. Box 21107
CITY AND ZIP CODE Santa Barbara, 93121-1107
Darrel E. Parker, Executive Officer
BRANCH NAME: Santa Barbara - Anacapa Division 10/25/2021 4:31 PM
PLAINTIFF/PETITIONER: JONAS SVENSSON,
By: Patricia Frutos, Deputy
DEFENDANT/RESPONDENT: i073 INVESTMENTS, INC. and TRISTAN STRAUSS
OTHER PARENT/PARTY:
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL ‘SUPERIOR COURT CASE NUMBER:
(UNLIMITED CIVIL CASE) 20CV04285
‘COURT OF APPEAL CASE NUMBER (if known)
RE: Appeal filed on (date):October 14, 2021
B315801
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.
4 RECORD OF THE DOCUMENTS FILED IN THE SUPERIOR COURT
| 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) | will pay the superior court clerk for this transcript myself when | receive the clerk's estimate of the costs of this
transcript. | understand that if | do not pay for this transcript, it will not be prepared and provided to the Court of
Appeal.
(2) [__] | request that the clerk's transcript be provided to me at no cost because | cannot afford to pay this cost. | have
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
| 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. | 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 APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Cal. Rules of Court, rules 3.50,
Judicial Council of California 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
‘Westlaw Doc & Form Builder
APP-003
CASE NAME: ‘SUPERIOR COURT CASE NUMBER:
Svensson v. i073 Investments, Inc., et al. 20CV04285
2. b. WITH the following record of the oral proceedings in the superior court (vou 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.) | 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).
(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) [(__] Ihave 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.) | understand that, within 40 days after | file the notice of appeal, | must file either the
agreed statement or a notice indicating the parties were unable to agree on a statement and a new notice
designating the record on appeal.
(3) [__] Asettled 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 | have an order waiving fees
and costs.
(c) [__] | 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
[-] | 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 JI Date of Filing ]
(1) Notice of appeal 10/14/2021
(2) Notice designating record on appeal (this document) 10/25/2021
(3) Judgment or order appealed from 9/03/2021
(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) 9/08/2021
(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: ‘SUPERIOR COURT CASE NUMBER:
Svensson v. i073 Investments, Inc., et al. 20CV04285
4. NOTICE DESIGNATING CLERK'S TRANSCRIPT
b. Additional documents. (/f you want any documents from the superior court proceeding in addition to the items listed in 4a.
above to be included in the clerk's transcript, you must identify those documents here.)
| 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 I Date of Filing ]
(8) Verified Petition for Writ of Mandamus 12/18/2020
(9) Demurrer to Verified Petition for Writ of Mandamus 2/02/2021
(10) Verified Answer to Verified Petition for Writ of Mandamus 2/02/2021
(11) Respondent's Opposition to Petitioner's Memorandum of Points and Authorities in 2/02/2021
Support of Verified Petition for Writ of Mandamus
[3X] 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).)
Exhibits to be included in clerk's transcript
[1] | request that the clerk include in the transcript the following exhibits that were admitted in evidence, refused, or lodged in
the superior court. (For each exhibit, give the exhibit number, such as Plaintiffs #1 or Defendant's A, and a brief
description of the exhibit. Indicate whether or not the court admitted the exhibit into evidence. /f 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
| 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: ‘SUPERIOR COURT CASE NUMBER:
Svensson v. i073 Investments, Inc., et al. 20CV04285
5. b. Proceedings
| request that the following proceedings in the superior court be included in the reporter's transcript. (You must identify each
proceeding you want included by its date, the department in which it took place, a description of the proceedings (for example,
the examination of jurors, motions before trial, the taking of testimony, or the giving of jury instructions), the name of the court
reporter who recorded the proceedings (if known), and whether a certified transcript of the designated proceeding was
previously prepared.)
[ Date [Department ]Full/Partial Day] Description I Reporter's Name [ Prev. prepared?
(1)6/21/2021 Five Partial Petition for Writ of Mandamus Michelle Sabado ( Yes fx] No
(2)4/26/2021 Five Partial Demurrer to Petition for Writ of Shelley Cockrell Yes fx] No
(3) OJ Yes [J No
(4) O Yes [J 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.) | 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 I Reporter's Name [_Prev. prepared?
(1) (J Yes (J No
(2) Ol Yes ( No
(3) 0 Yes 1 No
(4) Ol 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.
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 (-] Ona separate page labeled "Attachment 7."
Date: October 25, 2021
Naomi R. Dewey, Esq.
TYPE OR PRINT NAME) Ee OR ATTORNEY)
‘APP.003 [Rev. January 1, 2019] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page
4 of 4
(Unlimited Civil Case)
MC-025
SHORT TITLE: Svensson v. i073 Investments, Inc., et al. CASE NUMBER,
| 20CV04285
ATTACHMENT (Number): 4b
(This Attachment may be used with any Judicial Council form.)
Document Title and Description Date of Filing
12. Declaration of J. Nicholson Thomas in Support of Respondent's Opposition 02/02/2021
13. Petitioner Jonas Svensson's Opposition to Demurrer to Verified Petition for Writ of 03/24/2021
Mandamus
14, Petitioner Jonas Svensson's Reply Brief In Support of Verified Petition for Writ of 03/24/2021
Mandamus
15. Petitioner Jonas Svensson's Request for Judicial Notice in Support of Reply Brief 03/24/2021
16 Order Denying Respondent's Demurrer to Petition for Writ of Mandamus 05/07/2021
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 1 of 1
Attachment are made under penalty of perjury.)
(Add pages as required)
Form Approved for Optional Use ATTACHMENT wwrw.courtinfo.ca gov
Judicial Council of California Westlaw Doc & Form Builder
-025 (Rev, July 1, 2009] to Judicial Council Form
PROOF OF SERVICE
lam a resident of the State of California, over the age of eighteen, and not a party to the
within action. My business address is 21 E. Carrillo Street, Ste., 130 Santa Barbara, CA 93101.
On October 25, 2021, I served the within document:
APPELLANT’S NOTICE DESIGNATING RECORD ON APPEAL
By Mail: By placing the document(s) listed above in a sealed envelope with postage
thereon fully prepaid, in the United States mail at Santa Barbara, addressed as set forth below.
By Overnight Delivery: I enclosed the document(s) in an envelope or package provided
by an overnight delivery carrier and addressed to the persons at the address(es) set forth below.
I placed the envelope or package for collection and overnight delivery at an office or a regularly
utilized drop box of the overnight delivery carrier.
10
x By Electronic Mail: | caused the above-described document to be served by electronic
11
mail pursuant to CCP section 1010.6 and California Rule of Court 2.251, to the e-mail address
12 provided by the addressee(s) as indicated below. Said electronic service was reported as received
without error.
13
Alan D. Condren, Esq.
14
Elan A. Shpigel, Esq.
15 SEED MACKALL LLP
1332 Anapa Street, Suite 200
16 Post Office Box 2578
Santa Barbara, CA 93120
17
Tele: (805) 963-0669
18 Email: acondren@seedmackall.com
eshpigel@seedmackall.com
19
Attorneys for Plaintiffs JONAS SVENNSON
20
21 Tam readily familiar with the firm’s practice of collection and processing correspondence
for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same
22 day with postage thereon fully prepaid in the ordinary course of business. I am aware that on
motion of the party served, service is presumed invalid if postage cancellation date or postage
23
meter date is more than one day after the date of deposit for mailing in affidavit.
24
I declare under penalty of perjury under the laws of the State of California, that the above
25 is true and correct.
26
Executed on October 25, 2021, at Santa Barbara, California.
27
28
PROOF OF SERVICE
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APP-003 [ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: 249874 FOR COURT USE ONLY ave: Naomi R. Dewey, Esq. Firm Name: TRUSTED LEGAL, A Professional Law Corporation Istrcct apprcss:21 E. Carrillo St., Suite 130 city: SANTA BARBARA STATE CA ZIP CodE:93 101 TELEPHONE NO.: (805) 979-5160 FAX NO, E-MAIL ADDRESS: naomi@trusted.legal ATTORNEY FOR (name):Respondents i073 Investments, Inc. and Tristan Strauss ELECTRONICALLY FILED SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA Superior Court of California STREET ADDRESS; 1100 Anacapa Street County of Santa Barbara MAILING ADDRESS: P.O. Box 21107 CITY AND ZIP CODE Santa Barbara, 93121-1107 Darrel E. Parker, Executive Officer BRANCH NAME: Santa Barbara - Anacapa Division 10/25/2021 4:31 PM PLAINTIFF/PETITIONER: JONAS SVENSSON, By: Patricia Frutos, Deputy DEFENDANT/RESPONDENT: i073 INVESTMENTS, INC. and TRISTAN STRAUSS OTHER PARENT/PARTY: APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL ‘SUPERIOR COURT CASE NUMBER: (UNLIMITED CIVIL CASE) 20CV04285 ‘COURT OF APPEAL CASE NUMBER (if known) RE: Appeal filed on (date):October 14, 2021 B315801 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. 4 RECORD OF THE DOCUMENTS FILED IN THE SUPERIOR COURT | 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) | will pay the superior court clerk for this transcript myself when | receive the clerk's estimate of the costs of this transcript. | understand that if | do not pay for this transcript, it will not be prepared and provided to the Court of Appeal. (2) [__] | request that the clerk's transcript be provided to me at no cost because | cannot afford to pay this cost. | have 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 | 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. | 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 APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Cal. Rules of Court, rules 3.50, Judicial Council of California 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 ‘Westlaw Doc & Form Builder APP-003 CASE NAME: ‘SUPERIOR COURT CASE NUMBER: Svensson v. i073 Investments, Inc., et al. 20CV04285 2. b. WITH the following record of the oral proceedings in the superior court (vou 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.) | 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). (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) [(__] Ihave 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.) | understand that, within 40 days after | file the notice of appeal, | must file either the agreed statement or a notice indicating the parties were unable to agree on a statement and a new notice designating the record on appeal. (3) [__] Asettled 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 | have an order waiving fees and costs. (c) [__] | 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 [-] | 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 JI Date of Filing ] (1) Notice of appeal 10/14/2021 (2) Notice designating record on appeal (this document) 10/25/2021 (3) Judgment or order appealed from 9/03/2021 (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) 9/08/2021 (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: ‘SUPERIOR COURT CASE NUMBER: Svensson v. i073 Investments, Inc., et al. 20CV04285 4. NOTICE DESIGNATING CLERK'S TRANSCRIPT b. Additional documents. (/f you want any documents from the superior court proceeding in addition to the items listed in 4a. above to be included in the clerk's transcript, you must identify those documents here.) | 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 I Date of Filing ] (8) Verified Petition for Writ of Mandamus 12/18/2020 (9) Demurrer to Verified Petition for Writ of Mandamus 2/02/2021 (10) Verified Answer to Verified Petition for Writ of Mandamus 2/02/2021 (11) Respondent's Opposition to Petitioner's Memorandum of Points and Authorities in 2/02/2021 Support of Verified Petition for Writ of Mandamus [3X] 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).) Exhibits to be included in clerk's transcript [1] | request that the clerk include in the transcript the following exhibits that were admitted in evidence, refused, or lodged in the superior court. (For each exhibit, give the exhibit number, such as Plaintiffs #1 or Defendant's A, and a brief description of the exhibit. Indicate whether or not the court admitted the exhibit into evidence. /f 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 | 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: ‘SUPERIOR COURT CASE NUMBER: Svensson v. i073 Investments, Inc., et al. 20CV04285 5. b. Proceedings | request that the following proceedings in the superior court be included in the reporter's transcript. (You must identify each proceeding you want included by its date, the department in which it took place, a description of the proceedings (for example, the examination of jurors, motions before trial, the taking of testimony, or the giving of jury instructions), the name of the court reporter who recorded the proceedings (if known), and whether a certified transcript of the designated proceeding was previously prepared.) [ Date [Department ]Full/Partial Day] Description I Reporter's Name [ Prev. prepared? (1)6/21/2021 Five Partial Petition for Writ of Mandamus Michelle Sabado ( Yes fx] No (2)4/26/2021 Five Partial Demurrer to Petition for Writ of Shelley Cockrell Yes fx] No (3) OJ Yes [J No (4) O Yes [J 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.) | 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 I Reporter's Name [_Prev. prepared? (1) (J Yes (J No (2) Ol Yes ( No (3) 0 Yes 1 No (4) Ol 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. 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 (-] Ona separate page labeled "Attachment 7." Date: October 25, 2021 Naomi R. Dewey, Esq. TYPE OR PRINT NAME) Ee OR ATTORNEY) ‘APP.003 [Rev. January 1, 2019] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 4 of 4 (Unlimited Civil Case) MC-025 SHORT TITLE: Svensson v. i073 Investments, Inc., et al. CASE NUMBER, | 20CV04285 ATTACHMENT (Number): 4b (This Attachment may be used with any Judicial Council form.) Document Title and Description Date of Filing 12. Declaration of J. Nicholson Thomas in Support of Respondent's Opposition 02/02/2021 13. Petitioner Jonas Svensson's Opposition to Demurrer to Verified Petition for Writ of 03/24/2021 Mandamus 14, Petitioner Jonas Svensson's Reply Brief In Support of Verified Petition for Writ of 03/24/2021 Mandamus 15. Petitioner Jonas Svensson's Request for Judicial Notice in Support of Reply Brief 03/24/2021 16 Order Denying Respondent's Demurrer to Petition for Writ of Mandamus 05/07/2021 (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 1 of 1 Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use ATTACHMENT wwrw.courtinfo.ca gov Judicial Council of California Westlaw Doc & Form Builder -025 (Rev, July 1, 2009] to Judicial Council Form PROOF OF SERVICE lam a resident of the State of California, over the age of eighteen, and not a party to the within action. My business address is 21 E. Carrillo Street, Ste., 130 Santa Barbara, CA 93101. On October 25, 2021, I served the within document: APPELLANT’S NOTICE DESIGNATING RECORD ON APPEAL By Mail: By placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Santa Barbara, addressed as set forth below. By Overnight Delivery: I enclosed the document(s) in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the address(es) set forth below. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. 10 x By Electronic Mail: | caused the above-described document to be served by electronic 11 mail pursuant to CCP section 1010.6 and California Rule of Court 2.251, to the e-mail address 12 provided by the addressee(s) as indicated below. Said electronic service was reported as received without error. 13 Alan D. Condren, Esq. 14 Elan A. Shpigel, Esq. 15 SEED MACKALL LLP 1332 Anapa Street, Suite 200 16 Post Office Box 2578 Santa Barbara, CA 93120 17 Tele: (805) 963-0669 18 Email: acondren@seedmackall.com eshpigel@seedmackall.com 19 Attorneys for Plaintiffs JONAS SVENNSON 20 21 Tam readily familiar with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same 22 day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postage cancellation date or postage 23 meter date is more than one day after the date of deposit for mailing in affidavit. 24 I declare under penalty of perjury under the laws of the State of California, that the above 25 is true and correct. 26 Executed on October 25, 2021, at Santa Barbara, California. 27 28 PROOF OF SERVICE