On January 11, 2016 a
Appellate Materials
was filed
involving a dispute between
Brown, Daniel,
Carter, William N,
Cunninghman, Joan,
Marshall, Carol,
Shogren, Dennis,
and
Brown, Daniel,
Lopez, Raymond J,
James B Church And Associates,
for Petition for Probate of Will and for Letters Testamentary
in the District Court of San Bernardino County.
Preview
APP-003
ATTORNEV on PAnTv WITHOUT Anonusv STATE BAR NUMBER: ran counrus: ONLY
NAME IAN R. FRIEDMAN, ESQ. 292390/ PRAGYA SHARMA, ESQ. 348529
FIRM NAME WINGERT GREBING BRUBAKER & JUSKIE LLP
1230 Columbia Street, Suite 400
STREETADDRESS
cm San Diego STATE CA szcooe,92101-3370
YELEPHONENO- 232-8151
(619) FAXNO- (619) 232-4665
F '
SUPERIORCOURTOFCALIFORNIA
L E D
emu monsss i f r i edman®wi nge r t l aw com .
RagguggciQAA5gE§N$§$mgy
ATTORNEV FOR (name) Respondent JAMES B CHURCH & ASSOC PC .
SUPERIOR COURT OF CALIFORNIA, COUNTY 0F SAN BERNARDINO
STREETADDRESS 14455 Civic Drive JAN 1 2 202~
MAILWG ADDRESS
CITVANDZIPCODE Victorville, CA 92392 BY
BRANCHNAME Victorville District CHEYENNE DELACRUZ.DEPUTY
STEPHEN CALLISTER, TRUSTEE, ET AL.
PLAINTIFF/PETITIONERZ
DEFENDANT/RESPONDENTZ JAMES B CHURCH & ASSOCIATES PC .
OTHER PARENT/PARTVZ
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL SUPERIOR counT CASE NUMBER
(UNLIMITED CIVIL CASE) PROPSl600025
RE: Appeal med on (date): coum 0F APPEAL CASE NUMBER (Mm)-
January 5, 2024
Notice: Please read Information on Appeal Procedures for Unlimited Clvll Cases (form APP-001-INFO) before
completing this form. This torm 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 o! 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. m A clerk's transcript under
2 and 3 of (his form.)
rule 8.122. (You mus! check (1) or (2) and fill out the clerk’s transcript section (item 4) on pages
(1) ml 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 | do not pay for this transcript, it will not be prepared and provided to the Court of
Appeal.
(2) DI request that the clerk's transcript be provided to me at no cost because cannot afford to
pay this cost. I | have
submitted the following document with this notice designating the record (check (a) or (b)):
(a) D An order granting a waiver of court fees and costs under rules 3.50—3.58; or
(b) D An application for a waiver of court fees
(form FW-00 1) to prepare and file this
and costs under
application.)
rules 3.50-3.58. (Use Request to Waive Coun‘ Fees
b. D An appendix under rule 8.124.
h
c. D The original superior court
Appellate Districts,
file under rule 8.128. (NOTE: Local rules in rhe Court oprpeal, First, Third, and Fourfh
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 (o use the original
superior court file instead of a clerk's transcript in this case. Attach a copy of this stipulation.)
d. D An agreed statement under rule 8. 1 34. (You mus! 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 elect to proceed (you must check a or b below):
a. D WITHOUT a record of the
without a record ot the oral proceedings
oral proceedings (what was said at the hearing or trial) in the superior court.
the superior court, the Court of Appeal
| understand that
in will not be able to consider what was
said during those proceedings in deciding whether an error was made in the superior coun proceedings.
Pug. 1 of 4
SSQTZSPELTHfi'3'85335'.“ APPELLANT's NOTICE DESIGNATING RECORD 0N APPEAL 8,121.8.12Ef's,?:§:‘::1§:§n§1;3133'”?-
APPmamov. January 1,2019] . . .ga
(Unlimited c'v" case)
CEB Emmi!
mm LM 0284 -
APP-003
CASE NAME: supsmon counT cm: NUMBER:
CALLISTER V. CHURCH PROPSl600025
2. b. m WITH the following record of the oral proceedings in the superior court (you mustcheck (1), (2), or (3) below):
(1) EA reporter's transcript under rule 8. 1 30. (You must fill out the reporter's transcript section (item 5) on pages 3 and 4
of this form.) have (check all that apply):
m
I
(a) Deposited with the superior court clerk the approximate cost of preparing the transcript by including the deposit
as provided in rule 8.130(b)(1 ).
with this notice
D
(b)
D Dall
(c)
Attached a copy of a Transcript Reimbursement Fund application filed under rule 8.130(c)(1 ).
Attached the reporter's written waiver of a deposit under rule 8.130(b)(3)(A) for (check either (i) or (ii)):
of the designated proceedings.
D
(i)
(ii) part of the designated proceedings.
(2)
D
(d)
DAn
Attached acertified transcript under rule 8.130(b)(3)(C).
agreed statement. (Check and complete either (a) or (b) below.)
DI
(a) have attached an agreed statement to this notice.
D
(b) All the parties have stipulated (agreed)
stipulation to this no!ice.) I understand
in
that, within
agree on a statement. (You mustanach a copy of this
writing to try to
40 days after file the notice of appeal, must file either the
| I
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) DA 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)
(b)
D
D
The
The
oral
oral
proceedings
proceedings
in
in
the superior coun were not reported by a
the superior court were reported by a court reponer, but
court reporter.
| have an order waiving fees
and costs.
(c) DI 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
D I
that
request that the clerk transmit to the Court of Appeal under rule 8.123 the record of the following administrative proceeding
was admitted into evidence, refused, or lodged in the superior court (give the title and date or dates of the administrative
proceeding):
Tltle of Admlnlstratlve Proceedlng Date or Dates
] I I
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 ‘ranscript, but you must provide the
date each document was filed. or if that is not available, the date the document was signed.
[
Document Tltlo and Descrlptlon ] [
Date of Flllng j
(1) Noticeofappeal 1/5/2024
(2) Notice designating record on appeal (this document) l/lO/2 O24
(3) Judgment or order appealed from 12/6/2 O23
(4) Notice of entry of judgment (if any)
(5) Notice of intention to move tor 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 (i! any)
APP-003[Rev January 1.2019} APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Pngnou
‘EB‘
Sam. EM’ (Unlimited Civil Case)
LM 0284
_
Document Filed Date
January 12, 2024
Case Filing Date
January 11, 2016
Category
Petition for Probate of Will and for Letters Testamentary
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Preview
APP-003 ATTORNEV on PAnTv WITHOUT Anonusv STATE BAR NUMBER: ran counrus: ONLY NAME IAN R. FRIEDMAN, ESQ. 292390/ PRAGYA SHARMA, ESQ. 348529 FIRM NAME WINGERT GREBING BRUBAKER & JUSKIE LLP 1230 Columbia Street, Suite 400 STREETADDRESS cm San Diego STATE CA szcooe,92101-3370 YELEPHONENO- 232-8151 (619) FAXNO- (619) 232-4665 F ' SUPERIORCOURTOFCALIFORNIA L E D emu monsss i f r i edman®wi nge r t l aw com . RagguggciQAA5gE§N$§$mgy ATTORNEV FOR (name) Respondent JAMES B CHURCH & ASSOC PC . SUPERIOR COURT OF CALIFORNIA, COUNTY 0F SAN BERNARDINO STREETADDRESS 14455 Civic Drive JAN 1 2 202~ MAILWG ADDRESS CITVANDZIPCODE Victorville, CA 92392 BY BRANCHNAME Victorville District CHEYENNE DELACRUZ.DEPUTY STEPHEN CALLISTER, TRUSTEE, ET AL. PLAINTIFF/PETITIONERZ DEFENDANT/RESPONDENTZ JAMES B CHURCH & ASSOCIATES PC . OTHER PARENT/PARTVZ APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL SUPERIOR counT CASE NUMBER (UNLIMITED CIVIL CASE) PROPSl600025 RE: Appeal med on (date): coum 0F APPEAL CASE NUMBER (Mm)- January 5, 2024 Notice: Please read Information on Appeal Procedures for Unlimited Clvll Cases (form APP-001-INFO) before completing this form. This torm 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 o! 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. m A clerk's transcript under 2 and 3 of (his form.) rule 8.122. (You mus! check (1) or (2) and fill out the clerk’s transcript section (item 4) on pages (1) ml 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 | do not pay for this transcript, it will not be prepared and provided to the Court of Appeal. (2) DI request that the clerk's transcript be provided to me at no cost because cannot afford to pay this cost. I | have submitted the following document with this notice designating the record (check (a) or (b)): (a) D An order granting a waiver of court fees and costs under rules 3.50—3.58; or (b) D An application for a waiver of court fees (form FW-00 1) to prepare and file this and costs under application.) rules 3.50-3.58. (Use Request to Waive Coun‘ Fees b. D An appendix under rule 8.124. h c. D The original superior court Appellate Districts, file under rule 8.128. (NOTE: Local rules in rhe Court oprpeal, First, Third, and Fourfh 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 (o use the original superior court file instead of a clerk's transcript in this case. Attach a copy of this stipulation.) d. D An agreed statement under rule 8. 1 34. (You mus! 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 elect to proceed (you must check a or b below): a. D WITHOUT a record of the without a record ot the oral proceedings oral proceedings (what was said at the hearing or trial) in the superior court. the superior court, the Court of Appeal | understand that in will not be able to consider what was said during those proceedings in deciding whether an error was made in the superior coun proceedings. Pug. 1 of 4 SSQTZSPELTHfi'3'85335'.“ APPELLANT's NOTICE DESIGNATING RECORD 0N APPEAL 8,121.8.12Ef's,?:§:‘::1§:§n§1;3133'”?- APPmamov. January 1,2019] . . .ga (Unlimited c'v" case) CEB Emmi! mm LM 0284 - APP-003 CASE NAME: supsmon counT cm: NUMBER: CALLISTER V. CHURCH PROPSl600025 2. b. m WITH the following record of the oral proceedings in the superior court (you mustcheck (1), (2), or (3) below): (1) EA reporter's transcript under rule 8. 1 30. (You must fill out the reporter's transcript section (item 5) on pages 3 and 4 of this form.) have (check all that apply): m I (a) Deposited with the superior court clerk the approximate cost of preparing the transcript by including the deposit as provided in rule 8.130(b)(1 ). with this notice D (b) D Dall (c) Attached a copy of a Transcript Reimbursement Fund application filed under rule 8.130(c)(1 ). Attached the reporter's written waiver of a deposit under rule 8.130(b)(3)(A) for (check either (i) or (ii)): of the designated proceedings. D (i) (ii) part of the designated proceedings. (2) D (d) DAn Attached acertified transcript under rule 8.130(b)(3)(C). agreed statement. (Check and complete either (a) or (b) below.) DI (a) have attached an agreed statement to this notice. D (b) All the parties have stipulated (agreed) stipulation to this no!ice.) I understand in that, within agree on a statement. (You mustanach a copy of this writing to try to 40 days after file the notice of appeal, must file either the | I 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) DA 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) (b) D D The The oral oral proceedings proceedings in in the superior coun were not reported by a the superior court were reported by a court reponer, but court reporter. | have an order waiving fees and costs. (c) DI 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 D I that request that the clerk transmit to the Court of Appeal under rule 8.123 the record of the following administrative proceeding was admitted into evidence, refused, or lodged in the superior court (give the title and date or dates of the administrative proceeding): Tltle of Admlnlstratlve Proceedlng Date or Dates ] I I 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 ‘ranscript, but you must provide the date each document was filed. or if that is not available, the date the document was signed. [ Document Tltlo and Descrlptlon ] [ Date of Flllng j (1) Noticeofappeal 1/5/2024 (2) Notice designating record on appeal (this document) l/lO/2 O24 (3) Judgment or order appealed from 12/6/2 O23 (4) Notice of entry of judgment (if any) (5) Notice of intention to move tor 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 (i! any) APP-003[Rev January 1.2019} APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Pngnou ‘EB‘ Sam. EM’ (Unlimited Civil Case) LM 0284 _