Preview
APP-003
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: FOR COURT USE ONLY
NAME: Daniel T. Rudderow SBN: 174258; Chris C. Chapman SBN: 234738
FIRM NAME: RUDDEROW LAW GROUP
STREET ADDRESS: 1301 Dove Street, Suite 800
CITY: NEWPORT BEACH STATE: CA ZIP CODE: 92660
TELEPHONE NO.: (949) 565-1344 FAX NO.: (714) 677-4004
E-MAIL ADDRESS: chris@rudderowlaw.com
ATTORNEY FOR (name): Defendant, Echelon Communities, LLC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA
STREET ADDRESS: 3055 Cleveland Avenue
MAILING ADDRESS: 3055 Cleveland Avenue
CITY AND ZIP CODE: Santa Rosa 95403
BRANCH NAME: Civil and Family Law Courthouse
PLAINTIFF/PETITIONER: Bruce Martin, et al.
DEFENDANT/RESPONDENT: Echelon Communities, LLC and DOES 1-10
OTHER PARENT/PARTY:
AMENDED APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL SUPERIOR COURT CASE NUMBER:
(UNLIMITED CIVIL CASE) SCV-266046
COURT OF APPEAL CASE NUMBER (if known):
Re: Appeal filed on (date): 10/9/23 A169463
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: SUPERIOR COURT CASE NUMBER:
Bruce Martin, et al. v. Echelon Communities, LLC SCV-266046
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: SUPERIOR COURT CASE NUMBER:
Bruce Martin, et al. v. Echelon Communities, LLC SCV-266046
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: SUPERIOR COURT CASE NUMBER:
Bruce Martin, et al. v. Echelon Communities, LLC SCV-266046
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?
July 13, Hearing on Motion for
(1) 23 Partial Day Christine M. Goodin □ Yes ~ No
2023 Attorney Fees & Costs
July 13, Hearing on Motion to Tax
(2) 23 Partial Day Christine M. Goodin □ Yes ~ No
2023 Costs
(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: December 29, 2023
Chris C. Chapman Chris C. Chapma11
(TYPE OR PRINT NAME) (SIGNATURE OF APPELLANT OR ATTORNEY)
Attorney for Defendant/Appellant
APP-003 [Rev. January 1, 2019]
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 4 of 4
(Unlimited Civil Case)
1 PROOF OF SERVICE
Martin, et al. v. Echelon Communities, LLC
2 SCSC Case No. SCV-266046
3 STATE OF CALIFORNIA, COUNTY OF ORANGE
4
I am employed in the County of Orange, State of California. I am over the age of 18 years
and am not a party to the within action. My business address is 1301 Dove Street, Suite 800,
5
Newport Beach, CA 92660. March 8, 2024, I caused the foregoing document(s) described as
AMENDED APPELLANT’S NOTICE OF DESIGNATING RECORD ON APPEAL
6
(UNLIMITED CIVIL CASE), to be served on the interested parties in this action as follows:
7 □ By placing the original □ a true copy thereof enclosed in sealed envelopes addressed as
stated below or by sending a copy as stated and addressed below:
8
SEE ATTACHED SERVICE LIST
9 □ BY REGULAR MAIL: I am “readily familiar” with the firm’s practice of collection and
processing correspondence for mailing. Under that practice it would be deposited with the U.S.
10 Postal Service on that same day with postage thereon fully prepaid Newport Beach, California in
the ordinary course of business. I am aware that on motion of the party served, service is
11 presumed invalid if the postal cancellation date or postage meter date is more than one day after
date of deposit for mailing in the affidavit.
12
□ BY OVERNIGHT DELIVERY: I enclosed the documents in an envelope or package
provided by an overnight delivery carrier and addressed to the persons identified herein. I placed
13
the envelope or package for collection and overnight delivery at an office or a regularly utilized
drop box of the overnight delivery carrier.
14
BY ELECTRONIC SERVICE. I caused the documents to be sent to the persons at the
15 electronic notification addresses listed herein on this date. I did not receive, within a reasonable
time after the transmission, any electronic message or other indication that the transmission was
16 unsuccessful.
BY FACSIMILE: Based on an agreement of the parties to accept service by fax
17 □
transmission, I faxed the documents from a fax machine, at Newport Beach, California, with the
telephone number, (714) 677-4004 to the parties and/or attorney for the parties at the facsimile
18
transmission number(s) shown herein. The facsimile transmission was reported as complete
without error by a transmission report, issued by the facsimile transmission machine upon which
19
the transmission was made, a copy of which is attached hereto.
20 □ BY PERSONAL SERVICE: I personally delivered the documents to the persons at the
addresses listed herein. (1) For a party represented by an attorney, delivery was made to the
21 attorney or at the attorney’s office by leaving the documents, in an envelope or package clearly
labeled to identify the attorney being served, with a receptionist or an individual in charge of the
22 office, between the hours of nine in the morning and five in the evening. (2) For a party, delivery
was made to the party or by leaving the documents at the party’s residence with some person not
23 younger than 18 years of age between the hours of eight in the morning and six in the evening.
[State] I declare under penalty of perjury under the laws of the State of California that the
24
foregoing is true and correct.
25 Executed on March 8, 2024, at Newport Beach, California.
26
27 Grace Bracamonte
28
PROOF OF SERVICE
1 SERVICE LIST
Martin, et al. v. Echelon Communities, LLC
2 SCSC Case No. SCV-266046
3
Evan Livingstone, Esq.
4
Law Offices of Evan Livingstone
2585 Sebastopol Rd., Unit 7265
5
Santa Rosa, CA 95407
Phone: (707) 206-6570
6
Fax: (707) 676-9112
Email: evanmlivingstone@gmail.com
7
8
Attorneys for PLAINTIFFS,
Bruce Martin, Patricia Bekkedahl, Salomon
9
Cruz, Nicanor Carranza, Isabel Banuelos, Jose
“Pepe” Cardenas, Lidia Garcia, Eduardo
10
Escamilla, Luisa Cordero, Edgar Jara-Cano,
Rosaura Hernandez, Dennis Fisher, Ofelia
11
Garcia,
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-
PROOF OF SERVICE
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APP-003 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: FOR COURT USE ONLY NAME: Daniel T. Rudderow SBN: 174258; Chris C. Chapman SBN: 234738 FIRM NAME: RUDDEROW LAW GROUP STREET ADDRESS: 1301 Dove Street, Suite 800 CITY: NEWPORT BEACH STATE: CA ZIP CODE: 92660 TELEPHONE NO.: (949) 565-1344 FAX NO.: (714) 677-4004 E-MAIL ADDRESS: chris@rudderowlaw.com ATTORNEY FOR (name): Defendant, Echelon Communities, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA STREET ADDRESS: 3055 Cleveland Avenue MAILING ADDRESS: 3055 Cleveland Avenue CITY AND ZIP CODE: Santa Rosa 95403 BRANCH NAME: Civil and Family Law Courthouse PLAINTIFF/PETITIONER: Bruce Martin, et al. DEFENDANT/RESPONDENT: Echelon Communities, LLC and DOES 1-10 OTHER PARENT/PARTY: AMENDED APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL SUPERIOR COURT CASE NUMBER: (UNLIMITED CIVIL CASE) SCV-266046 COURT OF APPEAL CASE NUMBER (if known): Re: Appeal filed on (date): 10/9/23 A169463 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: SUPERIOR COURT CASE NUMBER: Bruce Martin, et al. v. Echelon Communities, LLC SCV-266046 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: SUPERIOR COURT CASE NUMBER: Bruce Martin, et al. v. Echelon Communities, LLC SCV-266046 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: SUPERIOR COURT CASE NUMBER: Bruce Martin, et al. v. Echelon Communities, LLC SCV-266046 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? July 13, Hearing on Motion for (1) 23 Partial Day Christine M. Goodin □ Yes ~ No 2023 Attorney Fees & Costs July 13, Hearing on Motion to Tax (2) 23 Partial Day Christine M. Goodin □ Yes ~ No 2023 Costs (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: December 29, 2023 Chris C. Chapman Chris C. Chapma11 (TYPE OR PRINT NAME) (SIGNATURE OF APPELLANT OR ATTORNEY) Attorney for Defendant/Appellant APP-003 [Rev. January 1, 2019] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 4 of 4 (Unlimited Civil Case) 1 PROOF OF SERVICE Martin, et al. v. Echelon Communities, LLC 2 SCSC Case No. SCV-266046 3 STATE OF CALIFORNIA, COUNTY OF ORANGE 4 I am employed in the County of Orange, State of California. I am over the age of 18 years and am not a party to the within action. My business address is 1301 Dove Street, Suite 800, 5 Newport Beach, CA 92660. March 8, 2024, I caused the foregoing document(s) described as AMENDED APPELLANT’S NOTICE OF DESIGNATING RECORD ON APPEAL 6 (UNLIMITED CIVIL CASE), to be served on the interested parties in this action as follows: 7 □ By placing the original □ a true copy thereof enclosed in sealed envelopes addressed as stated below or by sending a copy as stated and addressed below: 8 SEE ATTACHED SERVICE LIST 9 □ BY REGULAR MAIL: I am “readily familiar” with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. 10 Postal Service on that same day with postage thereon fully prepaid Newport Beach, California in the ordinary course of business. I am aware that on motion of the party served, service is 11 presumed invalid if the postal cancellation date or postage meter date is more than one day after date of deposit for mailing in the affidavit. 12 □ BY OVERNIGHT DELIVERY: I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons identified herein. I placed 13 the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. 14 BY ELECTRONIC SERVICE. I caused the documents to be sent to the persons at the 15 electronic notification addresses listed herein on this date. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was 16 unsuccessful. BY FACSIMILE: Based on an agreement of the parties to accept service by fax 17 □ transmission, I faxed the documents from a fax machine, at Newport Beach, California, with the telephone number, (714) 677-4004 to the parties and/or attorney for the parties at the facsimile 18 transmission number(s) shown herein. The facsimile transmission was reported as complete without error by a transmission report, issued by the facsimile transmission machine upon which 19 the transmission was made, a copy of which is attached hereto. 20 □ BY PERSONAL SERVICE: I personally delivered the documents to the persons at the addresses listed herein. (1) For a party represented by an attorney, delivery was made to the 21 attorney or at the attorney’s office by leaving the documents, in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or an individual in charge of the 22 office, between the hours of nine in the morning and five in the evening. (2) For a party, delivery was made to the party or by leaving the documents at the party’s residence with some person not 23 younger than 18 years of age between the hours of eight in the morning and six in the evening. [State] I declare under penalty of perjury under the laws of the State of California that the 24 foregoing is true and correct. 25 Executed on March 8, 2024, at Newport Beach, California. 26 27 Grace Bracamonte 28 PROOF OF SERVICE 1 SERVICE LIST Martin, et al. v. Echelon Communities, LLC 2 SCSC Case No. SCV-266046 3 Evan Livingstone, Esq. 4 Law Offices of Evan Livingstone 2585 Sebastopol Rd., Unit 7265 5 Santa Rosa, CA 95407 Phone: (707) 206-6570 6 Fax: (707) 676-9112 Email: evanmlivingstone@gmail.com 7 8 Attorneys for PLAINTIFFS, Bruce Martin, Patricia Bekkedahl, Salomon 9 Cruz, Nicanor Carranza, Isabel Banuelos, Jose “Pepe” Cardenas, Lidia Garcia, Eduardo 10 Escamilla, Luisa Cordero, Edgar Jara-Cano, Rosaura Hernandez, Dennis Fisher, Ofelia 11 Garcia, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- PROOF OF SERVICE