Preview
APP-003
ATTORNEY OR PARTY WITHOUT ATTORNEY state Bar NuMBER: 273900 FOR COURT USE ONLY
name: Nicholas J. Muscolino
rinm name: BURKE, WILLIAMS, & SORENSEN, LLP
street appress: 1999 Harrison St., Suite 1650
cry: Oakland state: CA zip cove: 94612
TELEPHONE NO.: (510) 273-8780 Faxno.: (510) 839-9104
E-MAIL ADDREss: NMuSColino@ bwslaw.com
ATTORNEY FOR (name): Appellant City of Pacifica
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo
street appress: 400 County Center, 4" Floor
MAILING ADDRESS:
city ano zip cove: Redwood City, CA 94063
BRANCH NAME
PLAINTIFF/PETITIONER: City of Pacifica
DEFENDANT/RESPONDENT: East West Investment, Inc., A California Corporation
OTHER PARENT/PARTY
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL SUPERIOR COURT CASE NUMBER:
(UNLIMITED CIVIL CASE) 18-CIV-05455
COURTOF APPEAL CASE NUMBER (if known)
Re: Appeal filed on (date): December 6, 2023 A169273
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
| 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 (1 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) C1 | 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) (1 | 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) OD An order granting a waiver of court fees and costs under rules 3.50-3.58; or
(b) C1 An application for a waiver of court fees and costs under rules 3.50-3.58. (Use Requestto Waive Court Fees
(form FW-001) to prepare and file this application.)
RX] An appendix under rule 8.124.
1 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.)
(1 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).)
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 1of 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. J anuary1, 2019] (Unlimited Civil Case) www.courts.ca.gov
APP-003
CASE NAME: SUPERIOR COURT CASE NUMBER:
City of Pacifica v. East West Investment, Inc. 18CIV05455
2. b. KX] 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.) | have (check all that apply):
(a) KK) 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) (1 Attached a copy of a Transcript Reimbursement
Fund application filed under rule 8.130(c)(1).
(c) (1 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) CZ part of the designated proceedings.
(d) Cs Attached a certified transcript under rule 8.130(b)(3)(C).
(2) Oo An agreed statement. (Check and complete either (a) or (b) below.)
(a) oO | have attached an agreed statement to this notice.
(b) (1 Allthe 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) Oo 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) [1 The oral proceedings in the superior court were not reported by a court reporter.
(b) [1 The oral proceedings in the superior court were reported by a court reporter, but | have an order waiving fees
and costs.
(c) Oo | 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
Oo | 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 transcriptas 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) Judgmentor 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 ofan appealed order (if any)
(6) Ruling on one or more of the items listed in (5)
(7) Register of actions or docket (if any)
PP-003 [Rev. January I, 2019] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 204
(Unlimited Civil Case)
APP-003
CASE NAME: SUPERIOR COURT CASE NUMBER:
City of Pacifica v. East West Investment, Inc. 18C1V05455
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.)
CJ | 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)
C1 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
(J | 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)
CO 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).)
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) KX) My copy of the reporter's transcript in electronic format.
(2) [1 My copy of the reporter's transcript in paper format.
(3) (1 My copy of the reporter's transcript in electronic format and a second copy in paper format.
(Code Civ. Proc., § 271.)
‘RPP-003 Rev. January 1, 2019] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page
3 of
(Unlimited Civil Case)
APP-003
CASE NAME SUPERIOR COURT CASE NUMBER:
City of Pacifica v. East West Investment, Inc. 18CIV05455
5. b. Proceedings
| request that the following proceedings in the superior courtbe 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 I Prev. prepared?
Hearing on Motion for
(1) 9/6/23 2 Partial Rosario Ayon D1 Yes KI No
Litigation Expenses
(2) OO Yes 0 No
(3) OO Yes OD No
(4) D1 Yes [J No
Oo 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 whethera certified transcript of the designated proceeding was
previously prepared.)
[Date [Departmen#fF ull/Partial Day| Description I Reporter's Name [_Prev. prepared?
(1) OO Yes OD No
(2) OO Yes OD No
(3) OO Yes OD No
(4) D1 Yes [J No
Oo See additional pages. (Check here if you need more space to list additional proceedings. List these proceedings ona
separate page or pages labeled "Attachment 6," and start with number (5).)
7. a The proceedings designated in 5b or 6 CZ include LD 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: C1 Below CJ Ona separate page labeled "Attachment 7."
Date: MP
Nicholas J . Muscolino
(TYPE OR PRINT NAME) (SIGNATURE OF APPELLANT OR ATTORNEY)
‘RPP-003 Rev. January 1, 2019] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 4of4
(Unlimited Civil Case)
PROOF OF SERVICE
City of Pacificav. MillardW. Tong
Case No. 18CTV5455
STATE OF CALIFORNIA, COUNTY OF ALAMEDA.
At the time of service, I was over 18 years of age and not a party to this action. Iam
employed in the County of Alameda, State of California. My business address is 1999 Harrison
Street, Suite 1650, Oakland, CA 94612-3520.
On December 28, 2023, I served true copies of the following document(s) described as
APPELLANT’S NOTICE DESIGNATING RECORD ON APPEAL on the interested parties
in this action as follows:
Lawrence A. Jacobson, Esq.
Sean M. Jacobson, Esq.
Cohen and Jacobson, LLP
10 66 Bovet Road, Suite 285
11 San Mateo, CA 94402
Email: laj@cohenandjacobson.com
12
Attomeys for Defendants
13 Millard and Alicia W. Tong, Trustees
and the
MillardW. Tong and AliciaW. Tong,
14 Revocable Trust
15
16 BY E-MAIL OR ELECTRONIC TRANSMISSION: | caused a copy of the
document(s) to be sent from e-mail address ascott@ bwslaw.com to the persons at the e-mail
17 addresses listed in the Service List. I did not receive, within a reasonable time after the
transmission, any electronic message or other indication that the transmission was unsuccessful.
18
I declare under penalty of perjury under the laws of the State of California that the
19 foregoing is true and correct.
20 Executed on December 28, 2023, at Oakland, California.
21 >. et
22
Anne M Scott
23
24
25
26
27
28
BURKE, WILLIAMS &
SORENSEN, LLP
ATTORNEYSAT Law
OAKLAND
Preview
APP-003 ATTORNEY OR PARTY WITHOUT ATTORNEY state Bar NuMBER: 273900 FOR COURT USE ONLY name: Nicholas J. Muscolino rinm name: BURKE, WILLIAMS, & SORENSEN, LLP street appress: 1999 Harrison St., Suite 1650 cry: Oakland state: CA zip cove: 94612 TELEPHONE NO.: (510) 273-8780 Faxno.: (510) 839-9104 E-MAIL ADDREss: NMuSColino@ bwslaw.com ATTORNEY FOR (name): Appellant City of Pacifica SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo street appress: 400 County Center, 4" Floor MAILING ADDRESS: city ano zip cove: Redwood City, CA 94063 BRANCH NAME PLAINTIFF/PETITIONER: City of Pacifica DEFENDANT/RESPONDENT: East West Investment, Inc., A California Corporation OTHER PARENT/PARTY APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL SUPERIOR COURT CASE NUMBER: (UNLIMITED CIVIL CASE) 18-CIV-05455 COURTOF APPEAL CASE NUMBER (if known) Re: Appeal filed on (date): December 6, 2023 A169273 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 | 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 (1 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) C1 | 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) (1 | 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) OD An order granting a waiver of court fees and costs under rules 3.50-3.58; or (b) C1 An application for a waiver of court fees and costs under rules 3.50-3.58. (Use Requestto Waive Court Fees (form FW-001) to prepare and file this application.) RX] An appendix under rule 8.124. 1 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.) (1 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).) 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 1of 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. J anuary1, 2019] (Unlimited Civil Case) www.courts.ca.gov APP-003 CASE NAME: SUPERIOR COURT CASE NUMBER: City of Pacifica v. East West Investment, Inc. 18CIV05455 2. b. KX] 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.) | have (check all that apply): (a) KK) 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) (1 Attached a copy of a Transcript Reimbursement Fund application filed under rule 8.130(c)(1). (c) (1 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) CZ part of the designated proceedings. (d) Cs Attached a certified transcript under rule 8.130(b)(3)(C). (2) Oo An agreed statement. (Check and complete either (a) or (b) below.) (a) oO | have attached an agreed statement to this notice. (b) (1 Allthe 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) Oo 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) [1 The oral proceedings in the superior court were not reported by a court reporter. (b) [1 The oral proceedings in the superior court were reported by a court reporter, but | have an order waiving fees and costs. (c) Oo | 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 Oo | 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 transcriptas 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) Judgmentor 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 ofan appealed order (if any) (6) Ruling on one or more of the items listed in (5) (7) Register of actions or docket (if any) PP-003 [Rev. January I, 2019] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 204 (Unlimited Civil Case) APP-003 CASE NAME: SUPERIOR COURT CASE NUMBER: City of Pacifica v. East West Investment, Inc. 18C1V05455 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.) CJ | 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) C1 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 (J | 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) CO 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).) 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) KX) My copy of the reporter's transcript in electronic format. (2) [1 My copy of the reporter's transcript in paper format. (3) (1 My copy of the reporter's transcript in electronic format and a second copy in paper format. (Code Civ. Proc., § 271.) ‘RPP-003 Rev. January 1, 2019] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 3 of (Unlimited Civil Case) APP-003 CASE NAME SUPERIOR COURT CASE NUMBER: City of Pacifica v. East West Investment, Inc. 18CIV05455 5. b. Proceedings | request that the following proceedings in the superior courtbe 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 I Prev. prepared? Hearing on Motion for (1) 9/6/23 2 Partial Rosario Ayon D1 Yes KI No Litigation Expenses (2) OO Yes 0 No (3) OO Yes OD No (4) D1 Yes [J No Oo 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 whethera certified transcript of the designated proceeding was previously prepared.) [Date [Departmen#fF ull/Partial Day| Description I Reporter's Name [_Prev. prepared? (1) OO Yes OD No (2) OO Yes OD No (3) OO Yes OD No (4) D1 Yes [J No Oo See additional pages. (Check here if you need more space to list additional proceedings. List these proceedings ona separate page or pages labeled "Attachment 6," and start with number (5).) 7. a The proceedings designated in 5b or 6 CZ include LD 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: C1 Below CJ Ona separate page labeled "Attachment 7." Date: MP Nicholas J . Muscolino (TYPE OR PRINT NAME) (SIGNATURE OF APPELLANT OR ATTORNEY) ‘RPP-003 Rev. January 1, 2019] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 4of4 (Unlimited Civil Case) PROOF OF SERVICE City of Pacificav. MillardW. Tong Case No. 18CTV5455 STATE OF CALIFORNIA, COUNTY OF ALAMEDA. At the time of service, I was over 18 years of age and not a party to this action. Iam employed in the County of Alameda, State of California. My business address is 1999 Harrison Street, Suite 1650, Oakland, CA 94612-3520. On December 28, 2023, I served true copies of the following document(s) described as APPELLANT’S NOTICE DESIGNATING RECORD ON APPEAL on the interested parties in this action as follows: Lawrence A. Jacobson, Esq. Sean M. Jacobson, Esq. Cohen and Jacobson, LLP 10 66 Bovet Road, Suite 285 11 San Mateo, CA 94402 Email: laj@cohenandjacobson.com 12 Attomeys for Defendants 13 Millard and Alicia W. Tong, Trustees and the MillardW. Tong and AliciaW. Tong, 14 Revocable Trust 15 16 BY E-MAIL OR ELECTRONIC TRANSMISSION: | caused a copy of the document(s) to be sent from e-mail address ascott@ bwslaw.com to the persons at the e-mail 17 addresses listed in the Service List. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. 18 I declare under penalty of perjury under the laws of the State of California that the 19 foregoing is true and correct. 20 Executed on December 28, 2023, at Oakland, California. 21 >. et 22 Anne M Scott 23 24 25 26 27 28 BURKE, WILLIAMS & SORENSEN, LLP ATTORNEYSAT Law OAKLAND