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  • FRANCIS WANG, individually and as Trustee of the WFT-TNG, a California Trust vs Peter Peletta et alOther Real Property Unlimited (26) document preview
  • FRANCIS WANG, individually and as Trustee of the WFT-TNG, a California Trust vs Peter Peletta et alOther Real Property Unlimited (26) document preview
  • FRANCIS WANG, individually and as Trustee of the WFT-TNG, a California Trust vs Peter Peletta et alOther Real Property Unlimited (26) document preview
  • FRANCIS WANG, individually and as Trustee of the WFT-TNG, a California Trust vs Peter Peletta et alOther Real Property Unlimited (26) document preview
  • FRANCIS WANG, individually and as Trustee of the WFT-TNG, a California Trust vs Peter Peletta et alOther Real Property Unlimited (26) document preview
  • FRANCIS WANG, individually and as Trustee of the WFT-TNG, a California Trust vs Peter Peletta et alOther Real Property Unlimited (26) document preview
  • FRANCIS WANG, individually and as Trustee of the WFT-TNG, a California Trust vs Peter Peletta et alOther Real Property Unlimited (26) document preview
  • FRANCIS WANG, individually and as Trustee of the WFT-TNG, a California Trust vs Peter Peletta et alOther Real Property Unlimited (26) document preview
						
                                

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APP-003 ATTORNEY OR PARTY WSTHOUT ATTORNEY STATE BAR NUMBER 202190 FOR COURT USE ONLY NAME Jason M. Skaggs FIRM NAME Skaggs Faucctie LLP sTREET AooREss 530 Lyttcn Avc, 2nd Floor clTY Palo Alto sTATE CA zIP coDE 94301 TELEPHQNE No 650 617-3226 FAX NO E-MAiLAooREss. jason skaggsfauceue.corn ATroRNEY FQR (earns): Frank Wang & Laura Young SUPERIOR COURT OF CALIFORNIA, COUNTY OF NAPA sTREET ADDREss 825 Brown Avc MAILING ADDRESS. ciTY AND zIP coDE. Napa, CA 94559 BRANCH NAME PLAINTIFF/PETITIONER'rank Wang & Laura Young OEFENOANTIRESPONOENT. Pct«pc)cua OTHER PARENT/PARTY'E APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL SUPERIOR COURT CASE NUMBER 19CV000342 (UNLIMITED CIVIL CASE) COURT OF APPEAL CASE NUMBER (rf known) Appeal filed on (data) I March 8, 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 Ichoose 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 2 and 3 of this foun ) must check (1) or (2) and fill out the clerk's transcript section (item 4) on pages ~ (1) I will pay the superior court clerk for this transcript myself when receive the clerk's estimate of the costs of this I transcript. I understand that if do not pay for this transcript, it will not be prepared and provided to the Court of I Appeal. ~ (2) Irequest that the clerk's transcript be provided to me at no cost because cannot afford to pay this cost. have I submitted the following document with this notice designating the record (check (a) or (b)): I ~~ (a) (b) An order granting a waiver of court fees and costs under rules 3.50-3.58; or 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. ~sf 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 Fourfh Appellate Districts, permit parties to stipulate (agree) lo usa the original supenor court file instead of a clerk's transcript; you may select this option if your appeal is in ona of these distn'cts and all the parties have stipulated to usa 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 20(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 choose to proceed (you must check a or 0 below): a. I ~ 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 m 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 supenor court proceedings. Page 1 of 4 Form Approved for Opsonai Use APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Cai RulesofCourt,rules380 Judroal Courlol of Cakfomia 8 121-4 124, 8 128, 8 130, 8 1 34, 8 137 APP 003 IRev January I, 20181 (Unlimited Civil Case) www co uris ca go v APP-003 CASE NAME. SUPERIOR COURT CASE NUMBER: 19CV000342 2. b ~x WITH the following record of the oral proceedings in the supenor court (you must check (1), (2), or (3) below): (1) ~x A reporter's transcript under rule 8.130. (You must fill out the reporter's transcript section (item 5) on pages 3 and 4 ~ (a) of this form.) I have (check all that apply). Deposited with the superior court clerk the approximate cast of preparing the transcript by including the deposit ~ ~~ (b) (c) with this notice as provided in rule 8.130(b)(1). Attached a copy af a Transcript Reimbursement Fund application liled 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))i ~~ (i) (ii) all of the designated proceedings. part of the designated proceedings. Attached a certified transcnpt under rule 8.130(b)(3)(C). (2) ~~ (d) An agreed statement. (Check and comp/ete either (a) or (b) be/ow) have attached an agreed statement to this notice. ~ (a) (b) I All the partieshavestipulated (agreed) in writing totryto agree on astatement. (Youmuslatfacha copyof this stipulation lo this notice ) understand that, within 40 days after fife the notice of appeal, must file either the I I I agreed statement or a notice indicating the parties were unable to agree on a statement and a new notice (3) ~ designating the record on appeal. A settled statement under rule 8.137. (You must check (a), (b), or (c) below, and fill oul the setlied statement (b) ~ ~ (a) The section (item 6) on page 4.) The oral proceedings in the superior courtwere not reported by a court reporter. oral proceedings in the superior court were reported by a court reporter, but have an order waiving fees I (c) ~and costs. am asking to use a settled statement for reasons other than those listed in (a) or (b). (You must serve and file I the motion required under rule 8 137(b) at the same time that you fi(e this farm. You may use form APF0025 to prepare the motion.) RECORD OF AN ADMINISTRATIVE PROCEEDING TO BE TRANSMITTED TO THE COURT OF APPEAL 3 ~ request that the clerk transmit to the Court of Appeal under rule 8.123 the record of the following administrative proceeding I that was admitted into evidence, refused, or lodged in the supenor court (give the title and date ar 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 fo 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. I 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 (ll any) APP-003 IRev January 1, 2010] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 2 of 4 (Unlimited Civil Case) APP-003 CASE NAME: SUPERIOR COURT CASE NUMBER: 19CV000342 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 beincludedin fhe clerk's transcript, you must identify those documents here) ~ Irequest that the clerk include in the transcnpt the following documents that were filed in the superior court proceedmg. (You must identify each document you want included by its title and provide the date it was filed or if thatis not available, the date the document was signed.) Document Title and Description Date of Filing (8) (10) ~ 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 the supenor court. (For each exhibit, give the exhibit number, such as Plaintiffs ¹t or Defendant's A, and a bnef in description of the exhibit. Indicate whether or not the court admitted the exhibitinto evidence If the superior court has returned a designated exhibit to a parly, the party in possession of the exhibit must deliverit 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 bin this section if you checkeditem 2b(1) above indicating that you choose to use a reporter' transcript as the record of the oral proceedingsin 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): I (1) ~x 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., g 271.) P494 3 of 4 APP003IRay January 1,2019) APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL (Unlimited Civil Case) APP-003 CASE NAME. SUPERIOR COURT CASE NUMBER: 19CV000342 5. b Proceedings Irequest that the following proceedings in the superior court be included in the reporter's transcript (You mustidentify each proceeding you want included by its date, the departmentin which it took place, a description of the proceedings (for example, the examination ofjurors, motions before trial, the taking of testimony, or the giving ofjury 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)11/3/2022 A Partial Summary Adjudication Hearing John Fahrenwald (14369) x Yes No (2)4/6/2023 A Partial Trial Management Conference Michelle Corrigan (9079) x Yes No (3)4/7/2023 A Partial Trial Management Conference Kathieen M. Soloaga (6957) x Yes No (4)4/10/23 A Partial Trial Management Conference Valerie Prince (7946) x Yes No ~x 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 50," 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 sett/ed statement ) I request that the following proceedings in the superior court be included in the settled statement. (You must identify each proceeding you wantincluded byits date, the deparfmentin which it took place, a description of the proceedings (for example, the examination ofjurors, motions before trial, the taking of testimony, or the giving ofjuryinstmctions), the name of the court reporter who recorded the proceedmgs (if known), and whether a certified transcript of the designated proceeding was previously prepared.) Date ) Department)pull/Partial Day) Description Reporter's Name ) Prev. prepared? (1) Yes No (2) Yes No (3) Yes No (4) Yes No ~ See additional pages. (Ciieck 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).) a. The proceedings designated in Sb or 6 ~ include ~ do not include ail 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 otherwise.) Points are set forth: Below ~ ~ 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 On a separate page labeled "Attachment 7." Date: March 14, 2024 Jason M. Skaaas (TYPE OR PRINT NAME) (9/ENATURE oF APPELLANT oR ATTQRNEY) APP-000(Rev Jaooao 1,2010) APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 4 of 4 (Unlimited Civil Case) Appellant's Notice Designating Record on Appeal (Unlimited Civil Case) Item 5(b) Proceedings (Continued) Date Dept. Fuii/Partial Description Reporter's Name Prev. Day prepared? (5) 4/I 8/2023 A Full Trial Valene Prmce (7946) Yes (6) 4/19/2023 A Full Trial Valerie Prince (7946) Yes (7) 4/20/2023 A Full Trial Valerie Prince (7946) Yes (8) 4/21/2023 A Full Trial Valerie Prince (7946) Yes (9) 4/26/2023 A Full Trial Valerie Prince (7946) Yes (10) 6/21/2023 A Partial Tentative Statement Kathleen M. Soloaga Yes of Decision (6957) (11) 6/23/2023 A Partial Hearing No (12) 8/4/2023 A Partial Hearing on Motion Kathleen M. Soloaga Yes to Continue Trial and (6957) Statement of Decision (Phase I) (13) 8/10/2023 Partial Trial Management Valerie Prince (7946) Yes Conference (14) 8/11/2023 A Partial Trial Management Valerie Prince (7946) Yes Conference (15) 8/14/2023 A Partial Trial Valerie Prince (7946) Yes (16) 3/I/2024 A Partial Hearing on Proposed Kathleen M. Soloaga No Judgment (6957) (17) 3/7/2024 Partial Hearing on Proposed Kathleen M. Soloaga No Judgment (6957)