On August 20, 2012 a
Designation - clerk's transcript 8.122 and reporter's transcript 8.130 atty Austin
was filed
involving a dispute between
Gibraltar Ssi, Llc,
and
Eric Mcafee,
Robert Comes,
for Enforcement of Judgment Unlimited (20)
in the District Court of Santa Clara County.
Preview
= :2 u! 99.003
mm
ATTORNEY 0R PARTYWITHDUT AWMNEY (Name.
1939 Harrison
Oakland,CA
290
Street, Suite
94612
Barmbor. and
Stale
Kevin R. Martin (SEN 176853) David M. Austin (SEN 215371) EEC
;
I L 20:5
cS
TELEPHONENQ:510—444-7600 FAXNO (Woo: 925-309-8056
EMNLADDRESS kcvin@martinapc com; david@maninapc. com
(opo‘mlr
ATTORNEY FOR (Namer
Third Pany McAfcc LLC
Capital,
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara
smazuumess: 191 N FirstStreet
MAIUNGADDRESS:
cmmochooE: San Jose,CA 95113
I
amen NME: Downtown Courthouse
LLC
Gibraltar SS],
PIaintiff/Petitionen
Defendanthespondent Comes, ct a1.
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL SUPBfiO' COURCaSB Number.
(UNLiMITED CIVIL CASE) 1-12-CV-230686
RE: Appeal filed on October
(date): 9.2015 Case
Court of Appeal NUnibel’ (lflmown):
HO42974
Notice: Please read form APP-001 before completing this form. This form must be filed Inthe superior court,
not inthe Court of Appeal.
1. RECORD OF THE DOCUMENTS FILED INTHE SUPERIOR COURT
=—
I use the
elect to method
following a record of the documents filed
of providing the Court of Appeal with In e superior (check a.b
.
c d,or eand fill'In
any required information):
a E A clerk's transcript under rule 8. 122.
form )
(You must check(1)or (2) and
fill page 2 of this
out the clerk's transcript section on
(1) E lwillday the superior court clerk
transcript.
I undemtand thatifIdo not pay
when
for this transcript myself
transcnpn
tor this it
Ireceive the derk's estimate of the costs of this
not be prepared and provided to the Court of
WIII
Appeal
(2) D I me at no cost because
request that the clerk's transcript be provided Io
attached the following document (check (a) or
(b)):
I Ihave
cannot afford Io pay this cost
(a) E An order granting a
waiver of coun fees andposts under rule 3.50 éI seq; or
(b) a An application for a waiver of court fees and costs under
rule 3.50 et seq.
Fees (form FW—001) to prepare and file this appfication.)
(Use Request to Waive Court
b. E An appendix under ruIe 8 124
P S The under
original superior court file
Appetiate
rule8 128 (NOTE: Lam] rulesin theCourt oprpeal, and Fifth
Third Fourth,
First,
may
permit parties Io stipulate to use the original superior court file instead of a clerk's transcript; you
Distn‘cfs,
select this option ifyour appeal'Is
one of these districts and all the parties have stipulated to use the
I'n on'ginal superior
instead of a clerk's transcript I'n this case. Attach a copy of this stipulation.)
court file
d. D An agreed statement under nIIe 8.134. (Yo‘u must complete item 2b(2) below and attach
‘of all am mquimd to be included in
the documents that
Io yobr agreed statement copies
These documents are listed in rule 8. 134(3).)
the clerk's fmnsa'ipt.
SD D A settled
statement under rule 8.137. (You must complete item 2o(3) below and attach to your pmposed statement on
appeal copies of all tho documents Mat are required to be included in the clerk’s transcript. These documents are listed
in
rule 8.1370391.)
2— RECORD OF ORAL PROCEEDINGS IN THE SUPERIOR COURT
I
a. a
elect to proceed:
WITHOUT a
proceedings
record of the oral proceedings
in the
in Iunderstand that without a record of the oral
the superior court.
superior court. the Conn of Appeal will not be able to consider what was said during those
determining whether an error was made In the superior court proceedings.
pr’ooeedlngs in
Page1M4
mengng"
APPW IRwJ-n‘
1.20141
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL
(Unlimited Clvll Case)
”2‘43: miifg'g‘gzfig
'
mMugov
APP-003
C939 Name‘- LLC
Gibtaltar SSI, v.Comes, et ai. SuDemf Court Case Number:
1—] 2-CV-230686
b. E
(1)
WITH the foibwing
E
record ofthe oral pmceedings
A reporter‘s transcript
inthe supefior court:
under rule 8.130. (You must fill out the reporter's transaipt section on page 3 of this
have (check all (hat apply):
E
form.)I
(a) Deposited the approximate cost 0f transcribing the designated proceedings with this notice as provided
in
ruie8.130(b)(1).
(b) E Attached a copy of a Transcript Reimbursement Fund application filed under rule 8.130(c)(1).
(c) E Attached the reporter‘s written waiver ofa deposit for (check either
or
(i) (ii)):
(i) D alloffhe designated proceedings.
(ii) [:3 part of the designated proceedings.
(d) [j Attached a certified transcript under ruie
8.130(1))(3).
(2) E An agreed and complete either (a) or (b) below.)
statement. (Check
(a)
(b)
E
E
Ihave attached an agreed statement
Allthe parties have agreed
to this notice.
agree on a statement (You must attach a copy of
in wn‘ting (stipulated) to try to
this l understand that. within 4O days after
stipulation to this notice.) l I must file
file the notice of appeal,
new
either the agreed statement or a notice indicating the parties were unable to agree on a statement and a
on appeal.
notice designating the record
(3) D A sewed statement under rule 8.137.
(You must attach the motion required under rule
8.137(3) to this form.)
3. RECORD OF AN ADMINISTRATIVE PROCEEDING T0 BE TRANSMITTED TO TflE REVIEWING COURT
E Ireques‘ that the derk transmit to the reviewing court under ruie 8.123 the record of the following administrative proceeding
that was admitted into evidence. refused, or lodged in the superior court (give the
and date or dates of the administrative
title
proceeding):
me of Administrative Proceodtng | I
Date or Dates 1
4. NOTICE DESIGNATING CLERK'S TRANSCRIPT
(You must complete this section if you checked item
1a.above use a
indicating that you elect Io as the record of
clerk’s transcript
thedocuments flied in the superior court)
8- Requlred documents. The clerk will automaticalty include the following items in the clerk's transcript. but you must provide the
date each domment was filed or. if that ls not available, the date the document was signed.
L Document Title and Doscfipfion ||
Date of Filing |
(1) Notice of appeal 10/09/201 5
(2) Notice designating record on appeal document)
(this 12/10/2015
(3) Judgment or order appealed from 09/30/2015
(4) Notice of entry ofjudgment flf any) 10/01/2015
(5) move for new trial
Notice of intention to vawte the judgment. forjudgment
or motion to
N/A
notwithstanding the verdict, or for reconsideration of an appealed order (ifany)
(6) Rulingon one or more ofthe items
listed in (5). N/A
(7) Register of actions or docket
any)
(if Various
mmamflk" “7°“! APPELLANT'S "01165 DESIGNATING RECORD ON APPEAL M'Zd‘
(Unlimited Clvll Case)
APP-003
Case Name: LLC
Gibraltar SSI, v.Comes, ct a1. Case
Superior Court
1-1 2~CV~230686
NW
4. NOTICE DESIGNATING CLERK'S TRANSCRIPT
b. Additional documents. (Ifyou want any documents from the superior court proceeding in addition to the items listed in
a.
above to be included in the clerk's transcn‘pt, you must identhy those documents hem.)
E Irequest that the clerk include the following documents from the supen'or court proweding in the transcript. (You must
each document you want included by its title and provide the date it was filed or, if that is not available, the date
identify
the documentwas signed)
[
Document Title and Description j I
Date of Filing I
(8) Santa ClaraCSC Docket No. 389—000: Exhflaits List 04/21/2015
(9) Santa ClaraCSC Docket No. 386-000: Statement 086112015
(10) Santa ClaraCSC Docket No. 3834100: Declaration 08/ 17/2015
(1 1) Santa Clara CSC Docket No. 381-000: Order 08112/2015
(12) SantaClam CSC Docket No. 375-000: Objection 07/01/2015
{E See additional pages.
Exhibits to be included in clerk's transcript
E] I in the transcript the following exhibits that were admitted in evidence. refused. or lodged
request that the dark indude
inthe 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):
[
ExhibitNumber ][ Description jl Admitted (YesINoH
(1)
(2)
(3)
(4)
(5)
E See additional pages.
5- NOTICE DESIGNATSNG REPORTER'S TRANSCRIPT
(You must complete ifyou checked item 2M1) above indicating that you elect to use a reporter's transcn'pt as the record
this section
of the oral proceedings
inma supen‘or court.
Please remember that you must pay for the cost ofprepan‘ng the reporter’s banscn'pt)
a. lrequest that the reporters provide (check one):
(1) D My copy of the
reporter‘s paper format.
transcript in
(2) m My copy of the reporter’s transcript
incomputer-readable format.
(3) D My copy of the paper format and a second copy
reporter’s transcn'pt in inoomputer-readable format.
(Code § 271;
C/v. Proc., Cal.Rules of Coud. rule
8. 1.3003(4).)
prm Wm... 1.20141
APPELLANT'S NO'RCE DESIGNATING RECORD ON APPEAL "9' 3°”
(Unlimited Civil Case)
APP-003
case Name: LLC v. Comes.
Gibraltar SS], et al. Superior Court Case Number:
2-CV-230686
l— 1
b. Proceedings.
lrequest that the following proceedings in the superior court be included in the reporter's tanscn'pt. (You must identify each
proceeding you want included by its date, the department in which it took place, a description of the pmoeedings—Jor example,
the examination ofjurors, motions before trial, the taking of tesb‘mony, or the giving ofjwy inshuaions—Jhe name of the court
reporter who recorded the proceedings, and whether a certified transcript of the designated proceeding was previously
prepared.)
F Date lnepanmemlruwpaniamay] Description Reponer's Name [Premprepared'r l
(1)07/08/2015 01 Partial Hcanng on Order to Show Cause D Yes E No
(2)05/27/2015 Gl Partial Hearing on Ex ParteApplication
U Yes E No
(3)
D Yes D No
(4)
D Yes D No
(5)
E1 Yes D No
(6)
D Yes D No
(7)
D Yes D No
c. Theproceedings designatedin 5b E include B donotinciude allof the testimony
inthe supen‘or court
If DO NOT include
the designated proceedings of the testimony. state the points that
ail you intend on appeai
to raise {rule
8. willbe limited to these points unfesa on motion,
130(8) (2) provides that your appeal the reviewing court permits otherwise).
Date: December 2015
1 1,
David M. Austin
HYPE OR PRWT NAME)
mpmsmnamnmm APPELLANTS NOTlCE DESIGNATING RECORD ON APPEAL Widl
(Unlimited Civil Case)
Gibraitar SSI,LLC v. Comes, et a].
Santa Clara County Superior Court Action No. 1-12-CV—230686
Sixth Appellate District Case No. H042974
Attachment 4.b_._
To Appellant’s Notice Designating Record on Appeal
Document Title and Description Date of Filigg
(13) Santa Clara CSC Docket No. 0372—000: Memorandum 07/01/2015
(14) Santa Clara CSC Docket No. 037 1 -000: Memorandum 07/01/2015
(15) Santa Clara CSC Docket No. 0367—000: Declaration in Support 07/01/201 5
(16) Santa Clara CSC Docket No. 0366-000: Declaration in Support 07/01/20 1 5
(17) Santa Clara CSC Docket No. 0365-000: Ex Partc Application 07/01/201 S
(18) Santa Clara CSC Docket No. 036 1 ~000: Declaration 06/26/201 5
(19) Santa Clara CSC Docket No. 03 60-000: Memorandum of Points 06/26/201 5
and Authorities in Opposition to Motion
(20) Santa Clara CSC Docket No. 0355-000: Declaration 06/26/2015
(2 1) Santa Clara CSC Docket No. 0357-000: Opposition 06/26/2015
(22) Santa Clara CSC Docket No. 033 8-000: Order 05/27/2015
Page l of 1
Document Filed Date
December 11, 2015
Case Filing Date
August 20, 2012
Category
Enforcement of Judgment Unlimited (20)
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
= :2 u! 99.003 mm ATTORNEY 0R PARTYWITHDUT AWMNEY (Name. 1939 Harrison Oakland,CA 290 Street, Suite 94612 Barmbor. and Stale Kevin R. Martin (SEN 176853) David M. Austin (SEN 215371) EEC ; I L 20:5 cS TELEPHONENQ:510—444-7600 FAXNO (Woo: 925-309-8056 EMNLADDRESS kcvin@martinapc com; david@maninapc. com (opo‘mlr ATTORNEY FOR (Namer Third Pany McAfcc LLC Capital, SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara smazuumess: 191 N FirstStreet MAIUNGADDRESS: cmmochooE: San Jose,CA 95113 I amen NME: Downtown Courthouse LLC Gibraltar SS], PIaintiff/Petitionen Defendanthespondent Comes, ct a1. APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL SUPBfiO' COURCaSB Number. (UNLiMITED CIVIL CASE) 1-12-CV-230686 RE: Appeal filed on October (date): 9.2015 Case Court of Appeal NUnibel’ (lflmown): HO42974 Notice: Please read form APP-001 before completing this form. This form must be filed Inthe superior court, not inthe Court of Appeal. 1. RECORD OF THE DOCUMENTS FILED INTHE SUPERIOR COURT =— I use the elect to method following a record of the documents filed of providing the Court of Appeal with In e superior (check a.b . c d,or eand fill'In any required information): a E A clerk's transcript under rule 8. 122. form ) (You must check(1)or (2) and fill page 2 of this out the clerk's transcript section on (1) E lwillday the superior court clerk transcript. I undemtand thatifIdo not pay when for this transcript myself transcnpn tor this it Ireceive the derk's estimate of the costs of this not be prepared and provided to the Court of WIII Appeal (2) D I me at no cost because request that the clerk's transcript be provided Io attached the following document (check (a) or (b)): I Ihave cannot afford Io pay this cost (a) E An order granting a waiver of coun fees andposts under rule 3.50 éI seq; or (b) a An application for a waiver of court fees and costs under rule 3.50 et seq. Fees (form FW—001) to prepare and file this appfication.) (Use Request to Waive Court b. E An appendix under ruIe 8 124 P S The under original superior court file Appetiate rule8 128 (NOTE: Lam] rulesin theCourt oprpeal, and Fifth Third Fourth, First, may permit parties Io stipulate to use the original superior court file instead of a clerk's transcript; you Distn‘cfs, select this option ifyour appeal'Is one of these districts and all the parties have stipulated to use the I'n on'ginal superior instead of a clerk's transcript I'n this case. Attach a copy of this stipulation.) court file d. D An agreed statement under nIIe 8.134. (Yo‘u must complete item 2b(2) below and attach ‘of all am mquimd to be included in the documents that Io yobr agreed statement copies These documents are listed in rule 8. 134(3).) the clerk's fmnsa'ipt. SD D A settled statement under rule 8.137. (You must complete item 2o(3) below and attach to your pmposed statement on appeal copies of all tho documents Mat are required to be included in the clerk’s transcript. These documents are listed in rule 8.1370391.) 2— RECORD OF ORAL PROCEEDINGS IN THE SUPERIOR COURT I a. a elect to proceed: WITHOUT a proceedings record of the oral proceedings in the in Iunderstand that without a record of the oral the superior court. superior court. the Conn of Appeal will not be able to consider what was said during those determining whether an error was made In the superior court proceedings. pr’ooeedlngs in Page1M4 mengng" APPW IRwJ-n‘ 1.20141 APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL (Unlimited Clvll Case) ”2‘43: miifg'g‘gzfig ' mMugov APP-003 C939 Name‘- LLC Gibtaltar SSI, v.Comes, et ai. SuDemf Court Case Number: 1—] 2-CV-230686 b. E (1) WITH the foibwing E record ofthe oral pmceedings A reporter‘s transcript inthe supefior court: under rule 8.130. (You must fill out the reporter's transaipt section on page 3 of this have (check all (hat apply): E form.)I (a) Deposited the approximate cost 0f transcribing the designated proceedings with this notice as provided in ruie8.130(b)(1). (b) E Attached a copy of a Transcript Reimbursement Fund application filed under rule 8.130(c)(1). (c) E Attached the reporter‘s written waiver ofa deposit for (check either or (i) (ii)): (i) D alloffhe designated proceedings. (ii) [:3 part of the designated proceedings. (d) [j Attached a certified transcript under ruie 8.130(1))(3). (2) E An agreed and complete either (a) or (b) below.) statement. (Check (a) (b) E E Ihave attached an agreed statement Allthe parties have agreed to this notice. agree on a statement (You must attach a copy of in wn‘ting (stipulated) to try to this l understand that. within 4O days after stipulation to this notice.) l I must file file the notice of appeal, new either the agreed statement or a notice indicating the parties were unable to agree on a statement and a on appeal. notice designating the record (3) D A sewed statement under rule 8.137. (You must attach the motion required under rule 8.137(3) to this form.) 3. RECORD OF AN ADMINISTRATIVE PROCEEDING T0 BE TRANSMITTED TO TflE REVIEWING COURT E Ireques‘ that the derk transmit to the reviewing court under ruie 8.123 the record of the following administrative proceeding that was admitted into evidence. refused, or lodged in the superior court (give the and date or dates of the administrative title proceeding): me of Administrative Proceodtng | I Date or Dates 1 4. NOTICE DESIGNATING CLERK'S TRANSCRIPT (You must complete this section if you checked item 1a.above use a indicating that you elect Io as the record of clerk’s transcript thedocuments flied in the superior court) 8- Requlred documents. The clerk will automaticalty include the following items in the clerk's transcript. but you must provide the date each domment was filed or. if that ls not available, the date the document was signed. L Document Title and Doscfipfion || Date of Filing | (1) Notice of appeal 10/09/201 5 (2) Notice designating record on appeal document) (this 12/10/2015 (3) Judgment or order appealed from 09/30/2015 (4) Notice of entry ofjudgment flf any) 10/01/2015 (5) move for new trial Notice of intention to vawte the judgment. forjudgment or motion to N/A notwithstanding the verdict, or for reconsideration of an appealed order (ifany) (6) Rulingon one or more ofthe items listed in (5). N/A (7) Register of actions or docket any) (if Various mmamflk" “7°“! APPELLANT'S "01165 DESIGNATING RECORD ON APPEAL M'Zd‘ (Unlimited Clvll Case) APP-003 Case Name: LLC Gibraltar SSI, v.Comes, ct a1. Case Superior Court 1-1 2~CV~230686 NW 4. NOTICE DESIGNATING CLERK'S TRANSCRIPT b. Additional documents. (Ifyou want any documents from the superior court proceeding in addition to the items listed in a. above to be included in the clerk's transcn‘pt, you must identhy those documents hem.) E Irequest that the clerk include the following documents from the supen'or court proweding in the transcript. (You must each document you want included by its title and provide the date it was filed or, if that is not available, the date identify the documentwas signed) [ Document Title and Description j I Date of Filing I (8) Santa ClaraCSC Docket No. 389—000: Exhflaits List 04/21/2015 (9) Santa ClaraCSC Docket No. 386-000: Statement 086112015 (10) Santa ClaraCSC Docket No. 3834100: Declaration 08/ 17/2015 (1 1) Santa Clara CSC Docket No. 381-000: Order 08112/2015 (12) SantaClam CSC Docket No. 375-000: Objection 07/01/2015 {E See additional pages. Exhibits to be included in clerk's transcript E] I in the transcript the following exhibits that were admitted in evidence. refused. or lodged request that the dark indude inthe 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): [ ExhibitNumber ][ Description jl Admitted (YesINoH (1) (2) (3) (4) (5) E See additional pages. 5- NOTICE DESIGNATSNG REPORTER'S TRANSCRIPT (You must complete ifyou checked item 2M1) above indicating that you elect to use a reporter's transcn'pt as the record this section of the oral proceedings inma supen‘or court. Please remember that you must pay for the cost ofprepan‘ng the reporter’s banscn'pt) a. lrequest that the reporters provide (check one): (1) D My copy of the reporter‘s paper format. transcript in (2) m My copy of the reporter’s transcript incomputer-readable format. (3) D My copy of the paper format and a second copy reporter’s transcn'pt in inoomputer-readable format. (Code § 271; C/v. Proc., Cal.Rules of Coud. rule 8. 1.3003(4).) prm Wm... 1.20141 APPELLANT'S NO'RCE DESIGNATING RECORD ON APPEAL "9' 3°” (Unlimited Civil Case) APP-003 case Name: LLC v. Comes. Gibraltar SS], et al. Superior Court Case Number: 2-CV-230686 l— 1 b. Proceedings. lrequest that the following proceedings in the superior court be included in the reporter's tanscn'pt. (You must identify each proceeding you want included by its date, the department in which it took place, a description of the pmoeedings—Jor example, the examination ofjurors, motions before trial, the taking of tesb‘mony, or the giving ofjwy inshuaions—Jhe name of the court reporter who recorded the proceedings, and whether a certified transcript of the designated proceeding was previously prepared.) F Date lnepanmemlruwpaniamay] Description Reponer's Name [Premprepared'r l (1)07/08/2015 01 Partial Hcanng on Order to Show Cause D Yes E No (2)05/27/2015 Gl Partial Hearing on Ex ParteApplication U Yes E No (3) D Yes D No (4) D Yes D No (5) E1 Yes D No (6) D Yes D No (7) D Yes D No c. Theproceedings designatedin 5b E include B donotinciude allof the testimony inthe supen‘or court If DO NOT include the designated proceedings of the testimony. state the points that ail you intend on appeai to raise {rule 8. willbe limited to these points unfesa on motion, 130(8) (2) provides that your appeal the reviewing court permits otherwise). Date: December 2015 1 1, David M. Austin HYPE OR PRWT NAME) mpmsmnamnmm APPELLANTS NOTlCE DESIGNATING RECORD ON APPEAL Widl (Unlimited Civil Case) Gibraitar SSI,LLC v. Comes, et a]. Santa Clara County Superior Court Action No. 1-12-CV—230686 Sixth Appellate District Case No. H042974 Attachment 4.b_._ To Appellant’s Notice Designating Record on Appeal Document Title and Description Date of Filigg (13) Santa Clara CSC Docket No. 0372—000: Memorandum 07/01/2015 (14) Santa Clara CSC Docket No. 037 1 -000: Memorandum 07/01/2015 (15) Santa Clara CSC Docket No. 0367—000: Declaration in Support 07/01/201 5 (16) Santa Clara CSC Docket No. 0366-000: Declaration in Support 07/01/20 1 5 (17) Santa Clara CSC Docket No. 0365-000: Ex Partc Application 07/01/201 S (18) Santa Clara CSC Docket No. 036 1 ~000: Declaration 06/26/201 5 (19) Santa Clara CSC Docket No. 03 60-000: Memorandum of Points 06/26/201 5 and Authorities in Opposition to Motion (20) Santa Clara CSC Docket No. 0355-000: Declaration 06/26/2015 (2 1) Santa Clara CSC Docket No. 0357-000: Opposition 06/26/2015 (22) Santa Clara CSC Docket No. 033 8-000: Order 05/27/2015 Page l of 1