Preview
APP-003
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER:
FOR COURT USE ONLY
NAME: Benjamin I. Siminou, Esq. (254815) / Jonna D. Lothyan (298650)
FIRM NAME: SINGLETON SCHREIBER, LLP
STREET ADDRESS: 591 Camino De La Reina, Ste. 1025
CITY: San Diego STATE: CA ZIP CODE: 92108
TELEPHONE NO.: (619) 704-3288 FAX NO.:
E-MAIL ADDRESS: bsiminou@singletonschreiber.com / jlothyan@singletonschreiber.com
ATTORNEY FOR (name): Plaintiff Kevin Wright
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA
STREET ADDRESS: 312 East Cook Street
MAILING ADDRESS: 312-C East Cook Street
CITY AND ZIP CODE: Santa Maria, CA 93454
BRANCH NAME: Santa Maria Cook Division
PLAINTIFF/PETITIONER: Kevin Wright
DEFENDANT/RESPONDENT: Union Oil Company of California
OTHER PARENT/PARTY:
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL SUPERIOR COURT CASE NUMBER:
21CV00925
(UNLIMITED CIVIL CASE)
COURT OF APPEAL CASE NUMBER (if known):
RE: Appeal filed on (date): Cross-Appeal filed 12/15/2023 B333725
Notice: Please read Information on Appeal Procedures for Unlimited Civil Cases (form APP-001-INFO) before
completing this form. This form must be filed in the superior court, not in the Court of Appeal.
1. RECORD OF THE DOCUMENTS FILED IN THE SUPERIOR COURT
I choose to use the following method of providing the Court of Appeal with a record of the documents filed in the superior court
(check a, b, c, or d, and fill in any required information):
a. A clerk's transcript under rule 8.122. (You must check (1) or (2) and fill out the clerk's transcript section (item 4) on pages
2 and 3 of this form.)
(1) I will pay the superior court clerk for this transcript myself when I receive the clerk's estimate of the costs of this
transcript. I understand that if I do not pay for this transcript, it will not be prepared and provided to the Court of
Appeal.
(2) I request that the clerk's transcript be provided to me at no cost because I cannot afford to pay this cost. I have
submitted the following document with this notice designating the record (check (a) or (b)):
(a) An order granting a waiver of court fees and costs under rules 3.50–3.58; or
(b) An application for a waiver of court fees and costs under rules 3.50–3.58. (Use Request to Waive Court Fees
(form FW-001) to prepare and file this application.)
b. An appendix under rule 8.124.
c. The original superior court file under rule 8.128. (NOTE: Local rules in the Court of Appeal, First, Third, and Fourth
Appellate Districts, permit parties to stipulate (agree) to use the original superior court file instead of a clerk's transcript;
you may select this option if your appeal is in one of these districts and all the parties have stipulated to use the original
superior court file instead of a clerk's transcript in this case. Attach a copy of this stipulation.)
d. An agreed statement under rule 8.134. (You must complete item 2b(2) below and attach to your agreed statement copies
of all the documents that are required to be included in the clerk's transcript. These documents are listed in rule 8.134(a).)
2. RECORD OF ORAL PROCEEDINGS IN THE SUPERIOR COURT
I choose to proceed (you must check a or b below):
a. WITHOUT a record of the oral proceedings (what was said at the hearing or trial) in the superior court. I understand that
without a record of the oral proceedings in the superior court, the Court of Appeal will not be able to consider what was
said during those proceedings in deciding whether an error was made in the superior court proceedings.
Page 1 of 4
Form Approved for Optional Use
Judicial Council of California
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Cal. Rules of Court, rules 3.50,
8.121–8.124, 8.128, 8.130, 8.134, 8.137
APP-003 [Rev. January 1, 2019] (Unlimited Civil Case) www.courts.ca.gov
APP-003
CASE NAME: Wright v. Union Oil Company of California SUPERIOR COURT CASE NUMBER:
21CV00925
2. b. WITH the following record of the oral proceedings in the superior court (you must check (1), (2), or (3) below):
(1) A reporter's transcript under rule 8.130. (You must fill out the reporter's transcript section (item 5) on pages 3 and 4
of this form.) I have (check all that apply):
(a) Deposited with the superior court clerk the approximate cost of preparing the transcript by including the deposit
with this notice as provided in rule 8.130(b)(1).
(b) Attached a copy of a Transcript Reimbursement Fund application filed under rule 8.130(c)(1).
(c) Attached the reporter's written waiver of a deposit under rule 8.130(b)(3)(A) for (check either (i) or (ii)):
(i) all of the designated proceedings.
(ii) part of the designated proceedings.
(d) Attached a certified transcript under rule 8.130(b)(3)(C).
(2) An agreed statement. (Check and complete either (a) or (b) below.)
(a) I have attached an agreed statement to this notice.
(b) All the parties have stipulated (agreed) in writing to try to agree on a statement. (You must attach a copy of this
stipulation to this notice.) I understand that, within 40 days after I file the notice of appeal, I must file either the
agreed statement or a notice indicating the parties were unable to agree on a statement and a new notice
designating the record on appeal.
(3) A settled statement under rule 8.137. (You must check (a), (b), or (c) below, and fill out the settled statement
section (item 6) on page 4.)
(a) The oral proceedings in the superior court were not reported by a court reporter.
(b) The oral proceedings in the superior court were reported by a court reporter, but I have an order waiving fees
and costs.
(c) I am asking to use a settled statement for reasons other than those listed in (a) or (b). (You must serve and file
the motion required under rule 8.137(b) at the same time that you file this form. You may use form APP-025 to
prepare the motion.)
3. RECORD OF AN ADMINISTRATIVE PROCEEDING TO BE TRANSMITTED TO THE COURT OF APPEAL
I request that the clerk transmit to the Court of Appeal under rule 8.123 the record of the following administrative proceeding
that was admitted into evidence, refused, or lodged in the superior court (give the title and date or dates of the administrative
proceeding):
Title of Administrative Proceeding Date or Dates
4. NOTICE DESIGNATING CLERK'S TRANSCRIPT
(You must complete this section if you checked item 1a above indicating that you choose to use a clerk's transcript as the record of
the documents filed in the superior court.)
a. Required documents. The clerk will automatically include the following items in the clerk's transcript, but you must provide the
date each document was filed, or if that is not available, the date the document was signed.
Document Title and Description Date of Filing
(1) Notice of appeal
(2) Notice designating record on appeal (this document)
(3) Judgment or order appealed from
(4) Notice of entry of judgment (if any)
(5) Notice of intention to move for new trial or motion to vacate the judgment, for judgment
notwithstanding the verdict, or for reconsideration of an appealed order (if any)
(6) Ruling on one or more of the items listed in (5)
(7) Register of actions or docket (if any)
APP-003 [Rev. January 1, 2019]
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 2 of 4
(Unlimited Civil Case)
APP-003
CASE NAME: Wright v. Union Oil Company of California SUPERIOR COURT CASE NUMBER:
21CV00925
4. NOTICE DESIGNATING CLERK'S TRANSCRIPT
b. Additional documents. (If you want any documents from the superior court proceeding in addition to the items listed in 4a.
above to be included in the clerk's transcript, you must identify those documents here.)
I request that the clerk include in the transcript the following documents that were filed in the superior court proceeding.
(You must identify each document you want included by its title and provide the date it was filed or, if that is not
available, the date the document was signed.)
Document Title and Description Date of Filing
(8)
(9)
(10)
(11)
See additional pages. (Check here if you need more space to list additional documents. List these documents on a
separate page or pages labeled "Attachment 4b," and start with number (12).)
c. Exhibits to be included in clerk's transcript
I request that the clerk include in the transcript the following exhibits that were admitted in evidence, refused, or lodged in
the superior court. (For each exhibit, give the exhibit number, such as Plaintiff's #1 or Defendant's A, and a brief
description of the exhibit. Indicate whether or not the court admitted the exhibit into evidence. If the superior court has
returned a designated exhibit to a party, the party in possession of the exhibit must deliver it to the superior court clerk
within 10 days after service of this notice designating the record. (Rule 8.122(a)(3).))
Exhibit Number Description Admitted (Yes/No)
(1)
(2)
(3)
(4)
See additional pages. (Check here if you need more space to list additional exhibits. List these exhibits on a separate
page or pages labeled "Attachment 4c," and start with number (5).)
5. NOTICE DESIGNATING REPORTER'S TRANSCRIPT
You must complete both a and b in this section if you checked item 2b(1) above indicating that you choose to use a reporter's
transcript as the record of the oral proceedings in the superior court. Please remember that you must pay for the cost of preparing
the reporter's transcript.
a. Format of the reporter's transcript
I request that the reporters provide (check one):
(1) My copy of the reporter's transcript in electronic format.
(2) My copy of the reporter's transcript in paper format.
(3) My copy of the reporter's transcript in electronic format and a second copy in paper format.
(Code Civ. Proc., § 271.)
APP-003 [Rev. January 1, 2019]
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 3 of 4
(Unlimited Civil Case)
APP-003
CASE NAME: Wright v. Union Oil Company of California SUPERIOR COURT CASE NUMBER:
21CV00925
5. b. Proceedings
I request that the following proceedings in the superior court be included in the reporter's transcript. (You must identify each
proceeding you want included by its date, the department in which it took place, a description of the proceedings (for example,
the examination of jurors, motions before trial, the taking of testimony, or the giving of jury instructions), the name of the court
reporter who recorded the proceedings (if known), and whether a certified transcript of the designated proceeding was
previously prepared.)
Date Department Full/Partial Day Description Reporter's Name Prev. prepared?
(1) 6/23/23 SM2 Partial Case management Lori Byrd Yes No
(2) Yes No
(3) Yes No
(4) Yes No
See additional pages. (Check here if you need more space to list additional proceedings. List these exhibits on a separate
page or pages labeled "Attachment 5b," and start with number (5).)
6. NOTICE DESIGNATING PROCEEDINGS TO BE INCLUDED IN SETTLED STATEMENT
(You must complete this section if you checked item 2b(3) above indicating you choose to use a settled statement.) I request
that the following proceedings in the superior court be included in the settled statement. (You must identify each proceeding you
want included by its date, the department in which it took place, a description of the proceedings (for example, the examination
of jurors, motions before trial, the taking of testimony, or the giving of jury instructions), the name of the court reporter who
recorded the proceedings (if known), and whether a certified transcript of the designated proceeding was previously prepared.)
Date Department Full/Partial Day Description Reporter's Name Prev. prepared?
(1) Yes No
(2) Yes No
(3) Yes No
(4) Yes No
See additional pages. (Check here if you need more space to list additional proceedings. List these proceedings on a
separate page or pages labeled "Attachment 6," and start with number (5).)
7. a. The proceedings designated in 5b or 6 include do not include all of the testimony in the superior court.
b. If the designated proceedings DO NOT include all of the testimony, state the points that you intend to raise on appeal. (Rule
8.130(a)(2) and rule 8.137(d)(1) provide that your appeal will be limited to these points unless the Court of Appeal permits
otherwise.) Points are set forth: Below On a separate page labeled "Attachment 7."
Date: 12/22/2023
Jonna D. Lothyan
(TYPE OR PRINT NAME) (SIGNATURE OF APPELLANT OR ATTORNEY)
APP-003 [Rev. January 1, 2019]
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 4 of 4
(Unlimited Civil Case)
1 Wright v. Unocal Corp, et al.
Santa Barbara Superior Court Case No.: 21CV00925
2
PROOF OF SERVICE
3
4 I, the undersigned, hereby declare and state as follows: I am over the age of eighteen years,
employed in the County of San Diego, California, and not a party to the within action. My business
5 address is 591 Camino De La Reina, Ste. 1025, San Diego, California 92108. Today, I served the true
copies of the following document:
6
Appellant's Notice of Designation of Record on Appeal
7
8 On the following interested parties in said action by placing a true and correct copy thereof served
same on the parties addressed and transmitted as follows:
9
Jakob Z. Norman Attorneys for Plaintiff Kevin Wright
10 Brian J. Ward
11 Erin L. Powers
Trial Lawyers For Justice
12 877 South Victoria Avenue, Suite 201
Ventura, California 93 003
13 Tel: (310) 855-3727
teamojai@t14j.com
14 jakob@tl4j.com
15 brianward@tl4j.com
erin@tl4j.com
16 jenperez@tl4j.com
cawrightkevinjnbwepz996315@tl4j.filevineapp.com
17
Taylor Ernst Attorneys for Plaintiff Kevin Wright
18
Terry Kilpatrick
19 Ernst Law Group
1020 Palm Street
20 San Luis Obispo, California 93401
Tel: (805) 541-0300;
21 te@ernstlawgroup.com
tk@ernstlawgroup.com
22
23 Jason Levin Attorneys for Defendant Union Oil
Jay E. Smith Company of California
24 Jennifer Bonneville
ALSTON & BIRD LLP
25 333 South Hope Street, 16th Floor
26 Los Angeles, CA 90071
Tel: (213) 576-1000
27 jason.levin@alston.com
jennifer.bonneville@alston.com
28 Jennifer.Lathrop@alston.com
1 Jay.Smith@alston.com
Dana.Camacho@alston.com
2 Melissa.Stogner@alston.com
Carmen.Markarian@alston.com
3
4 Robert C. Goodman Attorneys for Defendant Union Oil
Jon-Erik W. Magnus Company of California
5 Rogers Joseph O’Donnell
311 California Street, 10th Floor
6 San Francisco, California 94104
7 Tel: (415) 956-2828
rgoodman@rjo.com
8 jmagnus@rjo.com
9 David M. Axelrad Attorneys for Defendant Union Oil
HORVITZ & LEVY LLP Company of California
10
3601 West Olive Avenue, 8th Floor
11 Burbank, CA 91505-4681
Telephone: (818) 995-0800
12 daxelrad@horvitzlevy.com
13 Jeremy B. Rosen
HORVITZ & LEVY LLP
14
505 Sansome Street, Suite 1550
15 San Francisco, CA 94111-3175
Tel: (415) 462-5600
16 jrosen@horvitzlevy.com
17
18
BY E-MAIL: I caused the documents to be sent to the persons at their electronic notification
19 addresses. I did not receive, within a reasonable time after the transmission, any electronic message or
other indication that the transmission was unsuccessful. My electronic notification address is
20 ddecarlo@singletonschreiber.com.
21 I declare under penalty of perjury under the laws of the State of California that the foregoing is
22 true and correct. Executed on December 22, 2023.
23
___________________________________
24 Diane DeCarlo
25
26
27
28
Preview
APP-003 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: FOR COURT USE ONLY NAME: Benjamin I. Siminou, Esq. (254815) / Jonna D. Lothyan (298650) FIRM NAME: SINGLETON SCHREIBER, LLP STREET ADDRESS: 591 Camino De La Reina, Ste. 1025 CITY: San Diego STATE: CA ZIP CODE: 92108 TELEPHONE NO.: (619) 704-3288 FAX NO.: E-MAIL ADDRESS: bsiminou@singletonschreiber.com / jlothyan@singletonschreiber.com ATTORNEY FOR (name): Plaintiff Kevin Wright SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA STREET ADDRESS: 312 East Cook Street MAILING ADDRESS: 312-C East Cook Street CITY AND ZIP CODE: Santa Maria, CA 93454 BRANCH NAME: Santa Maria Cook Division PLAINTIFF/PETITIONER: Kevin Wright DEFENDANT/RESPONDENT: Union Oil Company of California OTHER PARENT/PARTY: APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL SUPERIOR COURT CASE NUMBER: 21CV00925 (UNLIMITED CIVIL CASE) COURT OF APPEAL CASE NUMBER (if known): RE: Appeal filed on (date): Cross-Appeal filed 12/15/2023 B333725 Notice: Please read Information on Appeal Procedures for Unlimited Civil Cases (form APP-001-INFO) before completing this form. This form must be filed in the superior court, not in the Court of Appeal. 1. RECORD OF THE DOCUMENTS FILED IN THE SUPERIOR COURT I choose to use the following method of providing the Court of Appeal with a record of the documents filed in the superior court (check a, b, c, or d, and fill in any required information): a. A clerk's transcript under rule 8.122. (You must check (1) or (2) and fill out the clerk's transcript section (item 4) on pages 2 and 3 of this form.) (1) I will pay the superior court clerk for this transcript myself when I receive the clerk's estimate of the costs of this transcript. I understand that if I do not pay for this transcript, it will not be prepared and provided to the Court of Appeal. (2) I request that the clerk's transcript be provided to me at no cost because I cannot afford to pay this cost. I have submitted the following document with this notice designating the record (check (a) or (b)): (a) An order granting a waiver of court fees and costs under rules 3.50–3.58; or (b) An application for a waiver of court fees and costs under rules 3.50–3.58. (Use Request to Waive Court Fees (form FW-001) to prepare and file this application.) b. An appendix under rule 8.124. c. The original superior court file under rule 8.128. (NOTE: Local rules in the Court of Appeal, First, Third, and Fourth Appellate Districts, permit parties to stipulate (agree) to use the original superior court file instead of a clerk's transcript; you may select this option if your appeal is in one of these districts and all the parties have stipulated to use the original superior court file instead of a clerk's transcript in this case. Attach a copy of this stipulation.) d. An agreed statement under rule 8.134. (You must complete item 2b(2) below and attach to your agreed statement copies of all the documents that are required to be included in the clerk's transcript. These documents are listed in rule 8.134(a).) 2. RECORD OF ORAL PROCEEDINGS IN THE SUPERIOR COURT I choose to proceed (you must check a or b below): a. WITHOUT a record of the oral proceedings (what was said at the hearing or trial) in the superior court. I understand that without a record of the oral proceedings in the superior court, the Court of Appeal will not be able to consider what was said during those proceedings in deciding whether an error was made in the superior court proceedings. Page 1 of 4 Form Approved for Optional Use Judicial Council of California APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Cal. Rules of Court, rules 3.50, 8.121–8.124, 8.128, 8.130, 8.134, 8.137 APP-003 [Rev. January 1, 2019] (Unlimited Civil Case) www.courts.ca.gov APP-003 CASE NAME: Wright v. Union Oil Company of California SUPERIOR COURT CASE NUMBER: 21CV00925 2. b. WITH the following record of the oral proceedings in the superior court (you must check (1), (2), or (3) below): (1) A reporter's transcript under rule 8.130. (You must fill out the reporter's transcript section (item 5) on pages 3 and 4 of this form.) I have (check all that apply): (a) Deposited with the superior court clerk the approximate cost of preparing the transcript by including the deposit with this notice as provided in rule 8.130(b)(1). (b) Attached a copy of a Transcript Reimbursement Fund application filed under rule 8.130(c)(1). (c) Attached the reporter's written waiver of a deposit under rule 8.130(b)(3)(A) for (check either (i) or (ii)): (i) all of the designated proceedings. (ii) part of the designated proceedings. (d) Attached a certified transcript under rule 8.130(b)(3)(C). (2) An agreed statement. (Check and complete either (a) or (b) below.) (a) I have attached an agreed statement to this notice. (b) All the parties have stipulated (agreed) in writing to try to agree on a statement. (You must attach a copy of this stipulation to this notice.) I understand that, within 40 days after I file the notice of appeal, I must file either the agreed statement or a notice indicating the parties were unable to agree on a statement and a new notice designating the record on appeal. (3) A settled statement under rule 8.137. (You must check (a), (b), or (c) below, and fill out the settled statement section (item 6) on page 4.) (a) The oral proceedings in the superior court were not reported by a court reporter. (b) The oral proceedings in the superior court were reported by a court reporter, but I have an order waiving fees and costs. (c) I am asking to use a settled statement for reasons other than those listed in (a) or (b). (You must serve and file the motion required under rule 8.137(b) at the same time that you file this form. You may use form APP-025 to prepare the motion.) 3. RECORD OF AN ADMINISTRATIVE PROCEEDING TO BE TRANSMITTED TO THE COURT OF APPEAL I request that the clerk transmit to the Court of Appeal under rule 8.123 the record of the following administrative proceeding that was admitted into evidence, refused, or lodged in the superior court (give the title and date or dates of the administrative proceeding): Title of Administrative Proceeding Date or Dates 4. NOTICE DESIGNATING CLERK'S TRANSCRIPT (You must complete this section if you checked item 1a above indicating that you choose to use a clerk's transcript as the record of the documents filed in the superior court.) a. Required documents. The clerk will automatically include the following items in the clerk's transcript, but you must provide the date each document was filed, or if that is not available, the date the document was signed. Document Title and Description Date of Filing (1) Notice of appeal (2) Notice designating record on appeal (this document) (3) Judgment or order appealed from (4) Notice of entry of judgment (if any) (5) Notice of intention to move for new trial or motion to vacate the judgment, for judgment notwithstanding the verdict, or for reconsideration of an appealed order (if any) (6) Ruling on one or more of the items listed in (5) (7) Register of actions or docket (if any) APP-003 [Rev. January 1, 2019] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 2 of 4 (Unlimited Civil Case) APP-003 CASE NAME: Wright v. Union Oil Company of California SUPERIOR COURT CASE NUMBER: 21CV00925 4. NOTICE DESIGNATING CLERK'S TRANSCRIPT b. Additional documents. (If you want any documents from the superior court proceeding in addition to the items listed in 4a. above to be included in the clerk's transcript, you must identify those documents here.) I request that the clerk include in the transcript the following documents that were filed in the superior court proceeding. (You must identify each document you want included by its title and provide the date it was filed or, if that is not available, the date the document was signed.) Document Title and Description Date of Filing (8) (9) (10) (11) See additional pages. (Check here if you need more space to list additional documents. List these documents on a separate page or pages labeled "Attachment 4b," and start with number (12).) c. Exhibits to be included in clerk's transcript I request that the clerk include in the transcript the following exhibits that were admitted in evidence, refused, or lodged in the superior court. (For each exhibit, give the exhibit number, such as Plaintiff's #1 or Defendant's A, and a brief description of the exhibit. Indicate whether or not the court admitted the exhibit into evidence. If the superior court has returned a designated exhibit to a party, the party in possession of the exhibit must deliver it to the superior court clerk within 10 days after service of this notice designating the record. (Rule 8.122(a)(3).)) Exhibit Number Description Admitted (Yes/No) (1) (2) (3) (4) See additional pages. (Check here if you need more space to list additional exhibits. List these exhibits on a separate page or pages labeled "Attachment 4c," and start with number (5).) 5. NOTICE DESIGNATING REPORTER'S TRANSCRIPT You must complete both a and b in this section if you checked item 2b(1) above indicating that you choose to use a reporter's transcript as the record of the oral proceedings in the superior court. Please remember that you must pay for the cost of preparing the reporter's transcript. a. Format of the reporter's transcript I request that the reporters provide (check one): (1) My copy of the reporter's transcript in electronic format. (2) My copy of the reporter's transcript in paper format. (3) My copy of the reporter's transcript in electronic format and a second copy in paper format. (Code Civ. Proc., § 271.) APP-003 [Rev. January 1, 2019] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 3 of 4 (Unlimited Civil Case) APP-003 CASE NAME: Wright v. Union Oil Company of California SUPERIOR COURT CASE NUMBER: 21CV00925 5. b. Proceedings I request that the following proceedings in the superior court be included in the reporter's transcript. (You must identify each proceeding you want included by its date, the department in which it took place, a description of the proceedings (for example, the examination of jurors, motions before trial, the taking of testimony, or the giving of jury instructions), the name of the court reporter who recorded the proceedings (if known), and whether a certified transcript of the designated proceeding was previously prepared.) Date Department Full/Partial Day Description Reporter's Name Prev. prepared? (1) 6/23/23 SM2 Partial Case management Lori Byrd Yes No (2) Yes No (3) Yes No (4) Yes No See additional pages. (Check here if you need more space to list additional proceedings. List these exhibits on a separate page or pages labeled "Attachment 5b," and start with number (5).) 6. NOTICE DESIGNATING PROCEEDINGS TO BE INCLUDED IN SETTLED STATEMENT (You must complete this section if you checked item 2b(3) above indicating you choose to use a settled statement.) I request that the following proceedings in the superior court be included in the settled statement. (You must identify each proceeding you want included by its date, the department in which it took place, a description of the proceedings (for example, the examination of jurors, motions before trial, the taking of testimony, or the giving of jury instructions), the name of the court reporter who recorded the proceedings (if known), and whether a certified transcript of the designated proceeding was previously prepared.) Date Department Full/Partial Day Description Reporter's Name Prev. prepared? (1) Yes No (2) Yes No (3) Yes No (4) Yes No See additional pages. (Check here if you need more space to list additional proceedings. List these proceedings on a separate page or pages labeled "Attachment 6," and start with number (5).) 7. a. The proceedings designated in 5b or 6 include do not include all of the testimony in the superior court. b. If the designated proceedings DO NOT include all of the testimony, state the points that you intend to raise on appeal. (Rule 8.130(a)(2) and rule 8.137(d)(1) provide that your appeal will be limited to these points unless the Court of Appeal permits otherwise.) Points are set forth: Below On a separate page labeled "Attachment 7." Date: 12/22/2023 Jonna D. Lothyan (TYPE OR PRINT NAME) (SIGNATURE OF APPELLANT OR ATTORNEY) APP-003 [Rev. January 1, 2019] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 4 of 4 (Unlimited Civil Case) 1 Wright v. Unocal Corp, et al. Santa Barbara Superior Court Case No.: 21CV00925 2 PROOF OF SERVICE 3 4 I, the undersigned, hereby declare and state as follows: I am over the age of eighteen years, employed in the County of San Diego, California, and not a party to the within action. My business 5 address is 591 Camino De La Reina, Ste. 1025, San Diego, California 92108. Today, I served the true copies of the following document: 6 Appellant's Notice of Designation of Record on Appeal 7 8 On the following interested parties in said action by placing a true and correct copy thereof served same on the parties addressed and transmitted as follows: 9 Jakob Z. Norman Attorneys for Plaintiff Kevin Wright 10 Brian J. Ward 11 Erin L. Powers Trial Lawyers For Justice 12 877 South Victoria Avenue, Suite 201 Ventura, California 93 003 13 Tel: (310) 855-3727 teamojai@t14j.com 14 jakob@tl4j.com 15 brianward@tl4j.com erin@tl4j.com 16 jenperez@tl4j.com cawrightkevinjnbwepz996315@tl4j.filevineapp.com 17 Taylor Ernst Attorneys for Plaintiff Kevin Wright 18 Terry Kilpatrick 19 Ernst Law Group 1020 Palm Street 20 San Luis Obispo, California 93401 Tel: (805) 541-0300; 21 te@ernstlawgroup.com tk@ernstlawgroup.com 22 23 Jason Levin Attorneys for Defendant Union Oil Jay E. Smith Company of California 24 Jennifer Bonneville ALSTON & BIRD LLP 25 333 South Hope Street, 16th Floor 26 Los Angeles, CA 90071 Tel: (213) 576-1000 27 jason.levin@alston.com jennifer.bonneville@alston.com 28 Jennifer.Lathrop@alston.com 1 Jay.Smith@alston.com Dana.Camacho@alston.com 2 Melissa.Stogner@alston.com Carmen.Markarian@alston.com 3 4 Robert C. Goodman Attorneys for Defendant Union Oil Jon-Erik W. Magnus Company of California 5 Rogers Joseph O’Donnell 311 California Street, 10th Floor 6 San Francisco, California 94104 7 Tel: (415) 956-2828 rgoodman@rjo.com 8 jmagnus@rjo.com 9 David M. Axelrad Attorneys for Defendant Union Oil HORVITZ & LEVY LLP Company of California 10 3601 West Olive Avenue, 8th Floor 11 Burbank, CA 91505-4681 Telephone: (818) 995-0800 12 daxelrad@horvitzlevy.com 13 Jeremy B. Rosen HORVITZ & LEVY LLP 14 505 Sansome Street, Suite 1550 15 San Francisco, CA 94111-3175 Tel: (415) 462-5600 16 jrosen@horvitzlevy.com 17 18 BY E-MAIL: I caused the documents to be sent to the persons at their electronic notification 19 addresses. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. My electronic notification address is 20 ddecarlo@singletonschreiber.com. 21 I declare under penalty of perjury under the laws of the State of California that the foregoing is 22 true and correct. Executed on December 22, 2023. 23 ___________________________________ 24 Diane DeCarlo 25 26 27 28