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APP-003
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER:
WELTY, WEAVER & CURRIE, Jack Weaver, Esq. (SBN 278469), Rachel Mache, Esq. FOR COURT USE ONLY
NAME:
(SBN 318461) 3554 Round Barn Blvd., #300, Santa Rosa, CA 95403, (707) 433-4842;
FIRM NAME:
SCHACK LAW GROUP, Natasha N. Serino, Esq. (SBN 284711), Shannon F. Nocon,
STREET ADDRESS: Esq. (SBN 316523) 16870 W. Bernardo Drive, #400, San Diego, 92127, (858) 485-6535
CITY: STATE: ZIP CODE:
TELEPHONE NO.: FAX NO.:
E-MAIL ADDRESS: jack@weltyweaver.com, shannonnocon@schacklawgroup.com
ATTORNEY FOR (name): Plaintiffs
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:3055 Cleveland Avenue
MAILING ADDRESS:
CITY AND ZIP CODE:Santa Rosa, CA 95403
BRANCH NAME:Empire College Annex
PLAINTIFF/PETITIONER: David Suchard, et al.,
DEFENDANT/RESPONDENT: Sonoma Academy
OTHER PARENT/PARTY:
SUPERIOR COURT CASE NUMBER:
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL
SCV-270984
(UNLIMITED CIVIL CASE)
COURT OF APPEAL CASE NUMBER (if known):
RE: Appeal filed on (date): February 15, 2024
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: David Suchard, et al. v. Sonoma Academy SUPERIOR COURT CASE NUMBER:
SCV-270984
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). The estimated cost is $519.60. Plaintiffs have deposited $520.
(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 February 15, 2024
(2) Notice designating record on appeal (this document) February 23, 2024
(3) Judgment or order appealed from December 13, 2023
(4) Notice of entry of judgment (if any) NOE of Order 1/5/24
(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) Complaint 6/10/22 - present
APP-003 [Rev. January 1, 2019]
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 2 of 4
(Unlimited Civil Case)
APP-003
CASE NAME: SUPERIOR COURT CASE NUMBER:
David Suchard, et al. v. Sonoma Academy SCV-270984
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) Complaint June 10, 2022
(9) Summons June 10, 2022
(10) Civil Case Cover Sheet June 10, 2022
(11) Notice of Assignment to 1 Judge and Notice of CMC June 10, 2022
✖ 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: SUPERIOR COURT CASE NUMBER:
David Suchard, et al. v. Sonoma Academy SCV-270984
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)11/8/23 19 Partial (3pm) Hearing on Demurrer to Second Kelly K. Lopez, North Bay Yes ✖ No
Amended Complaint Stenographers
(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: February 23, 2024
Shannon F. Nocon, Esq.
(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)
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Attachment 4b.
Suchard et al. v. Sonoma Academy (SCV-270984)
Document Title and Description Date of Filing
12. Complex Litigation Designation June 10, 2022
13. Proof of Service – 30 Days Summons and Complaint June 10, 2022
14. Proof of Service of Process July 18, 2022
Memorandum of Points and Authorities in Support of
15. September 7, 2022
Motion for Demurrer
Declaration of Ryan Abernethy in Support of Motion for
16. September 7, 2022
Demurrer
17. Notice of Demurrer and Demurrer September 7, 2022
18. Proof of Service of Motion/OSC September 21, 2022
19. Notice September 28, 2022
20. Case Management Statement September 28, 2022
21. Case Management Statement September 28, 2022
22. Notice of Reassignment November 29, 2022
Memorandum of Points and Authorities in Opposition to
23. January 26, 2023
Motion for Demurrer
24. Proof of Service January 26, 2023
25. Reply in Support of Motion for Demurrer February 1, 2023
26. Notice of Entry of Order on Defendant’s Demurrer February 22, 2023
27. First Amended Complaint March 3, 2023
28. Proof of Service – 30 Days Summons and Complaint March 3, 2023
29. Case Management Statement March 21, 2023
30. Case Management Statement March 21, 2023
31. Notice of Deposit of Jury Fees/Demand for Jury March 24, 2023
32. Proof of Service March 24, 2023
Notice of Demurrer and Demurrer re First Amended
33. April 17, 2023
Complaint
Memorandum of Points and Authorities in Support of
34. April 17, 2023
Demurrer re First Amended Complaint
Declaration of Ryan Abernethy in Support of Demurrer re
35. April 17, 2023
First Amended Complaint
Proof of Service of Motion/OSC of Demurrer re First
36. April 20, 2023
Amended Complaint
37. Notice of Informal Conference and Sactions April 25, 2023
38. Motion for Protective Order May 1, 2023
Memorandum of Points and Authorities in Support of
39. May 1, 2023
Motion for Protective Order
Declaration of Ryan Abernathy in Support of Motion for
40. May 1, 2023
Protective Order
41. Proposed Order re Motion for Protective Order May 1, 2023
Separate Statement in Support of Motion for Protective
42. May 1, 2023
Order
43. Notice of Informal Conference and Sanctions May 9, 2023
1
Attachment 4b.
Suchard et al. v. Sonoma Academy (SCV-270984)
44. Proof of Service of Motion/OSC for Protective Order May 12, 2023
Memorandum of Points and Authorities in Opposition to
45. Demurrer re First Amended Complaint and Proof of June 1, 2023
Service
Stipulation and Order re Continuance of Hearing
46. June 8, 2023
Defendant’s Demurrer
Supplemental Declaration of Ryan Abernethy in Support of
47. June 9, 2023
Demurrer to First Amended Complaint
48. Reply re Motion for Demurrer re First Amended Complaint June 9, 2023
49. Case Management Statement June 14, 2023
50. Case Management Statement June 14, 2023
51. Proof of Service June 14, 2023
52. Notice of Remote Appearance June 21, 2023
53. Proof of Service June 21, 2023
Memorandum of Points and Authorities in Opposition to
54. June 21, 2023
Motion for Protective Order
Separate Statement in Support of Opposition to Motion for
55. June 21, 2023
Protective Order
56. Proof of Service Re Opposition June 21, 2023
57. Order on Demurrer re First Amended Complaint June 27, 2023
58. Reply in Support of Motion for Protective Order June 27, 2023
Declaration of Ryan Abernethy in Support of Motion for
59. June 28, 2023
Protective Order
60. Notice of Entry of Order/Ruling June 28, 2023
Stipulation and Order re Continuance of Hearing on
61. June 29, 2023
Sonoma Academy’s Motion for Protective Order
62. Proposed Order Cover Sheet July 11, 2023
63. Second Amended Complaint July 26, 2023
64. Proof of Service – 30 Days Summons and Complaint July 26, 2023
65. Order re Protective Order August 2, 2023
66. Notice of Entry of Order/Ruling re Protective Order August 3, 2023
67. Case Management Statement August 23, 2023
68. Case Management Statement August 23, 2023
69. Motion for Demurrer re Second Amended Complaint August 25, 2023
Memorandum of Points and Authorities in Support of
70. August 25, 2023
Demurrer re Second Amended Complaint
Declaration of Ryan E Abernethy in Support of Demurrer
71. August 25, 2023
re Second Amended Complaint
72. Notice of Informal Conference & Sanctions September 27, 2023
Proof of Service of Notice of Demurrer and Demurrer to
73. September 27, 2023
Second Amended Complaint
Notice and Order of Inclusion in Demurrer Facilitator
74. September 29, 2023
Program
75. Notice and Order of Appointment of Demurrer Facilitator October 9, 2023
76. Order Vacating Appointment of Demurrer Facilitator October 10, 2023
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Attachment 4b.
Suchard et al. v. Sonoma Academy (SCV-270984)
Memorandum of Points and Authorities in Opposition to
77. Defendant’s Demurrer to Second Amended Class October 26, 2023
Complaint and Proof of Service
Reply Memorandum in Support of Demurrer to Second
78. November 1, 2023
Amended Complaint
Declaration of Ryan Abernethy in Support of Reply re
79. November 6, 2023
Demurrer to Second Amended Complaint
80. Stipulation for Pro Tem Reporter November 8, 2023
81. Case Management Statement November 15, 2023
82. Proposed Order re Demurrer November 15, 2023
83. Order to Show Cause re Dismissal November 30, 2023
84. Order re Demurrer to Second Amended Complaint December 13, 2023
85. Notice of Entry of Order/Ruling January 5, 2024
3
1 Jack W. Weaver, Esq., Bar No. 278469
Rachel M. Mackie, Esq. Bar No. 318461
2 WELTY, WEAVER & CURRIE
141 North Street, Suite 300
3
Santa Rosa, CA 95403
4 Tel: (707) 433-4842 Fax: (707) 473-9778
jack@weltyweaver.com
5 rachael@weltyweaver.com
6 Natasha N. Serino, Esq., (SBN 284711)
Shannon F. Nocon, Esq., (SBN 316523)
7
Jordan Kellogg, Esq. (SBN 347421)
8 SCHACK LAW GROUP
16870 West Bernardo Drive, Suite 400
9 San Diego, California 92127
Telephone: (858) 485-6535
10 Facsimile: (858) 485-0608
11 natashaserino@schacklawgroup.com
shannonnocon@schacklawgroup.com
12 jordankellogg@schacklawgroup.com
13 Attorneys for Plaintiff
14
15 SUPERIOR COURT OF THE STATE OF CALIFORNIA
16 IN AND FOR THE COUNTY OF SONOMA
17
DAVID SUCHARD, JODY SUCHARD, and Case No.: SCV-270984
18 JANE DOE, individually, and on behalf of all
others similarly situated,
19
PROOF OF SERVICE
20 Plaintiff,
21 v. Judge: Hon. Oscar A. Pardo
Dept: 19
22 SONOMA ACADEMY, a California non-
Complaint Filed: June 10, 2022
profit; and DOES 1 through 500. FAC Filed: March 3, 2023
23
Trial Date: None Set
24 Defendants.
25
I, Shannon F. Nocon, declare as follows:
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PROOF OF SERVICE
1 I am over the age of 18 years and not a party to the within action. I am employed in the
2 County of San Diego, California, where the mailing occurs; and my business address is 16870 West
3
Bernardo Drive, Suite 400, San Diego, California 92127.
4
On February 23, 2024, I caused to be served the following documents:
5
APPELLANT’S NOTICE DESIGNATING THE RECORD ON APPEAL;
6
PROOF OF SERVICE.
7
[ ] by causing to be placed true copies thereof in a sealed envelope addressed as listed above
8 and served in the manner described below to each of the following parties:
9
Paul E. Gaspari
10 WEINTRAUB TOBIN CHEDIAK COLEMAN GRODIN
LAW CORPORATION
11 475 Sansome Street, Suite 510
San Francisco, California 94111
12
13 Ryan E. Abernethy
WEINTRAUB TOBIN CHEDIAK COLEMAN GRODIN
14 LAW CORPORATION
400 Capitol Mall, 11th Floor
15 Sacramento, California 95814
16 [ ] BY U.S. MAIL: I placed such envelopes for collection and mailing to be deposited with the
17 U.S. postal service on that same day with postage thereon fully prepaid at San Diego, California in
the ordinary course of business. I am aware that on motion of the party served, service is presumed
18 invalid if postal cancellation date or postage meter is more than one day after date of deposit for
mailing in affidavit.
19
[X ] BY ELECTRONIC TRANSMISSION: I caused the document(s) to be sent to the
20 person(s) at the email addresses listed below. I did not receive, after a reasonable time after the
21 transmission, any electronic message or other indication that the transmission was unsuccessful.
22 Paul E. Gaspari pgaspari@weintraub.com
Ryan E. Abernethy rabernethy@weintraub.com
23 Serena Heller sheller@weintraub.com
Marilynn Cooper mcooper@weintraub.com
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PROOF OF SERVICE
1 [ X ] STATE: I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
2
3
Executed on February 23, 2024, at San Diego, California.
4
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6 Shannon Nocon
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PROOF OF SERVICE
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APP-003 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: WELTY, WEAVER & CURRIE, Jack Weaver, Esq. (SBN 278469), Rachel Mache, Esq. FOR COURT USE ONLY NAME: (SBN 318461) 3554 Round Barn Blvd., #300, Santa Rosa, CA 95403, (707) 433-4842; FIRM NAME: SCHACK LAW GROUP, Natasha N. Serino, Esq. (SBN 284711), Shannon F. Nocon, STREET ADDRESS: Esq. (SBN 316523) 16870 W. Bernardo Drive, #400, San Diego, 92127, (858) 485-6535 CITY: STATE: ZIP CODE: TELEPHONE NO.: FAX NO.: E-MAIL ADDRESS: jack@weltyweaver.com, shannonnocon@schacklawgroup.com ATTORNEY FOR (name): Plaintiffs SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS:3055 Cleveland Avenue MAILING ADDRESS: CITY AND ZIP CODE:Santa Rosa, CA 95403 BRANCH NAME:Empire College Annex PLAINTIFF/PETITIONER: David Suchard, et al., DEFENDANT/RESPONDENT: Sonoma Academy OTHER PARENT/PARTY: SUPERIOR COURT CASE NUMBER: APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL SCV-270984 (UNLIMITED CIVIL CASE) COURT OF APPEAL CASE NUMBER (if known): RE: Appeal filed on (date): February 15, 2024 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: David Suchard, et al. v. Sonoma Academy SUPERIOR COURT CASE NUMBER: SCV-270984 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). The estimated cost is $519.60. Plaintiffs have deposited $520. (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 February 15, 2024 (2) Notice designating record on appeal (this document) February 23, 2024 (3) Judgment or order appealed from December 13, 2023 (4) Notice of entry of judgment (if any) NOE of Order 1/5/24 (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) Complaint 6/10/22 - present APP-003 [Rev. January 1, 2019] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 2 of 4 (Unlimited Civil Case) APP-003 CASE NAME: SUPERIOR COURT CASE NUMBER: David Suchard, et al. v. Sonoma Academy SCV-270984 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) Complaint June 10, 2022 (9) Summons June 10, 2022 (10) Civil Case Cover Sheet June 10, 2022 (11) Notice of Assignment to 1 Judge and Notice of CMC June 10, 2022 ✖ 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: SUPERIOR COURT CASE NUMBER: David Suchard, et al. v. Sonoma Academy SCV-270984 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)11/8/23 19 Partial (3pm) Hearing on Demurrer to Second Kelly K. Lopez, North Bay Yes ✖ No Amended Complaint Stenographers (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: February 23, 2024 Shannon F. Nocon, Esq. (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) For your protection and privacy, please press the Clear This Form button after you have printed the form. Print this form Save this form Clear this form Attachment 4b. Suchard et al. v. Sonoma Academy (SCV-270984) Document Title and Description Date of Filing 12. Complex Litigation Designation June 10, 2022 13. Proof of Service – 30 Days Summons and Complaint June 10, 2022 14. Proof of Service of Process July 18, 2022 Memorandum of Points and Authorities in Support of 15. September 7, 2022 Motion for Demurrer Declaration of Ryan Abernethy in Support of Motion for 16. September 7, 2022 Demurrer 17. Notice of Demurrer and Demurrer September 7, 2022 18. Proof of Service of Motion/OSC September 21, 2022 19. Notice September 28, 2022 20. Case Management Statement September 28, 2022 21. Case Management Statement September 28, 2022 22. Notice of Reassignment November 29, 2022 Memorandum of Points and Authorities in Opposition to 23. January 26, 2023 Motion for Demurrer 24. Proof of Service January 26, 2023 25. Reply in Support of Motion for Demurrer February 1, 2023 26. Notice of Entry of Order on Defendant’s Demurrer February 22, 2023 27. First Amended Complaint March 3, 2023 28. Proof of Service – 30 Days Summons and Complaint March 3, 2023 29. Case Management Statement March 21, 2023 30. Case Management Statement March 21, 2023 31. Notice of Deposit of Jury Fees/Demand for Jury March 24, 2023 32. Proof of Service March 24, 2023 Notice of Demurrer and Demurrer re First Amended 33. April 17, 2023 Complaint Memorandum of Points and Authorities in Support of 34. April 17, 2023 Demurrer re First Amended Complaint Declaration of Ryan Abernethy in Support of Demurrer re 35. April 17, 2023 First Amended Complaint Proof of Service of Motion/OSC of Demurrer re First 36. April 20, 2023 Amended Complaint 37. Notice of Informal Conference and Sactions April 25, 2023 38. Motion for Protective Order May 1, 2023 Memorandum of Points and Authorities in Support of 39. May 1, 2023 Motion for Protective Order Declaration of Ryan Abernathy in Support of Motion for 40. May 1, 2023 Protective Order 41. Proposed Order re Motion for Protective Order May 1, 2023 Separate Statement in Support of Motion for Protective 42. May 1, 2023 Order 43. Notice of Informal Conference and Sanctions May 9, 2023 1 Attachment 4b. Suchard et al. v. Sonoma Academy (SCV-270984) 44. Proof of Service of Motion/OSC for Protective Order May 12, 2023 Memorandum of Points and Authorities in Opposition to 45. Demurrer re First Amended Complaint and Proof of June 1, 2023 Service Stipulation and Order re Continuance of Hearing 46. June 8, 2023 Defendant’s Demurrer Supplemental Declaration of Ryan Abernethy in Support of 47. June 9, 2023 Demurrer to First Amended Complaint 48. Reply re Motion for Demurrer re First Amended Complaint June 9, 2023 49. Case Management Statement June 14, 2023 50. Case Management Statement June 14, 2023 51. Proof of Service June 14, 2023 52. Notice of Remote Appearance June 21, 2023 53. Proof of Service June 21, 2023 Memorandum of Points and Authorities in Opposition to 54. June 21, 2023 Motion for Protective Order Separate Statement in Support of Opposition to Motion for 55. June 21, 2023 Protective Order 56. Proof of Service Re Opposition June 21, 2023 57. Order on Demurrer re First Amended Complaint June 27, 2023 58. Reply in Support of Motion for Protective Order June 27, 2023 Declaration of Ryan Abernethy in Support of Motion for 59. June 28, 2023 Protective Order 60. Notice of Entry of Order/Ruling June 28, 2023 Stipulation and Order re Continuance of Hearing on 61. June 29, 2023 Sonoma Academy’s Motion for Protective Order 62. Proposed Order Cover Sheet July 11, 2023 63. Second Amended Complaint July 26, 2023 64. Proof of Service – 30 Days Summons and Complaint July 26, 2023 65. Order re Protective Order August 2, 2023 66. Notice of Entry of Order/Ruling re Protective Order August 3, 2023 67. Case Management Statement August 23, 2023 68. Case Management Statement August 23, 2023 69. Motion for Demurrer re Second Amended Complaint August 25, 2023 Memorandum of Points and Authorities in Support of 70. August 25, 2023 Demurrer re Second Amended Complaint Declaration of Ryan E Abernethy in Support of Demurrer 71. August 25, 2023 re Second Amended Complaint 72. Notice of Informal Conference & Sanctions September 27, 2023 Proof of Service of Notice of Demurrer and Demurrer to 73. September 27, 2023 Second Amended Complaint Notice and Order of Inclusion in Demurrer Facilitator 74. September 29, 2023 Program 75. Notice and Order of Appointment of Demurrer Facilitator October 9, 2023 76. Order Vacating Appointment of Demurrer Facilitator October 10, 2023 2 Attachment 4b. Suchard et al. v. Sonoma Academy (SCV-270984) Memorandum of Points and Authorities in Opposition to 77. Defendant’s Demurrer to Second Amended Class October 26, 2023 Complaint and Proof of Service Reply Memorandum in Support of Demurrer to Second 78. November 1, 2023 Amended Complaint Declaration of Ryan Abernethy in Support of Reply re 79. November 6, 2023 Demurrer to Second Amended Complaint 80. Stipulation for Pro Tem Reporter November 8, 2023 81. Case Management Statement November 15, 2023 82. Proposed Order re Demurrer November 15, 2023 83. Order to Show Cause re Dismissal November 30, 2023 84. Order re Demurrer to Second Amended Complaint December 13, 2023 85. Notice of Entry of Order/Ruling January 5, 2024 3 1 Jack W. Weaver, Esq., Bar No. 278469 Rachel M. Mackie, Esq. Bar No. 318461 2 WELTY, WEAVER & CURRIE 141 North Street, Suite 300 3 Santa Rosa, CA 95403 4 Tel: (707) 433-4842 Fax: (707) 473-9778 jack@weltyweaver.com 5 rachael@weltyweaver.com 6 Natasha N. Serino, Esq., (SBN 284711) Shannon F. Nocon, Esq., (SBN 316523) 7 Jordan Kellogg, Esq. (SBN 347421) 8 SCHACK LAW GROUP 16870 West Bernardo Drive, Suite 400 9 San Diego, California 92127 Telephone: (858) 485-6535 10 Facsimile: (858) 485-0608 11 natashaserino@schacklawgroup.com shannonnocon@schacklawgroup.com 12 jordankellogg@schacklawgroup.com 13 Attorneys for Plaintiff 14 15 SUPERIOR COURT OF THE STATE OF CALIFORNIA 16 IN AND FOR THE COUNTY OF SONOMA 17 DAVID SUCHARD, JODY SUCHARD, and Case No.: SCV-270984 18 JANE DOE, individually, and on behalf of all others similarly situated, 19 PROOF OF SERVICE 20 Plaintiff, 21 v. Judge: Hon. Oscar A. Pardo Dept: 19 22 SONOMA ACADEMY, a California non- Complaint Filed: June 10, 2022 profit; and DOES 1 through 500. FAC Filed: March 3, 2023 23 Trial Date: None Set 24 Defendants. 25 I, Shannon F. Nocon, declare as follows: 26 27 28 -1- PROOF OF SERVICE 1 I am over the age of 18 years and not a party to the within action. I am employed in the 2 County of San Diego, California, where the mailing occurs; and my business address is 16870 West 3 Bernardo Drive, Suite 400, San Diego, California 92127. 4 On February 23, 2024, I caused to be served the following documents: 5 APPELLANT’S NOTICE DESIGNATING THE RECORD ON APPEAL; 6 PROOF OF SERVICE. 7 [ ] by causing to be placed true copies thereof in a sealed envelope addressed as listed above 8 and served in the manner described below to each of the following parties: 9 Paul E. Gaspari 10 WEINTRAUB TOBIN CHEDIAK COLEMAN GRODIN LAW CORPORATION 11 475 Sansome Street, Suite 510 San Francisco, California 94111 12 13 Ryan E. Abernethy WEINTRAUB TOBIN CHEDIAK COLEMAN GRODIN 14 LAW CORPORATION 400 Capitol Mall, 11th Floor 15 Sacramento, California 95814 16 [ ] BY U.S. MAIL: I placed such envelopes for collection and mailing to be deposited with the 17 U.S. postal service on that same day with postage thereon fully prepaid at San Diego, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed 18 invalid if postal cancellation date or postage meter is more than one day after date of deposit for mailing in affidavit. 19 [X ] BY ELECTRONIC TRANSMISSION: I caused the document(s) to be sent to the 20 person(s) at the email addresses listed below. I did not receive, after a reasonable time after the 21 transmission, any electronic message or other indication that the transmission was unsuccessful. 22 Paul E. Gaspari pgaspari@weintraub.com Ryan E. Abernethy rabernethy@weintraub.com 23 Serena Heller sheller@weintraub.com Marilynn Cooper mcooper@weintraub.com 24 25 26 27 28 -2- PROOF OF SERVICE 1 [ X ] STATE: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 2 3 Executed on February 23, 2024, at San Diego, California. 4 5 6 Shannon Nocon 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- PROOF OF SERVICE