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APP-003
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: 203748
FOR COURT USE ONLY
NAME: Henry M. Burgoyne III
FIRM NAME: Burgoyne Law Group
STREET ADDRESS: 1390 Market Street, Suite 200
CITY: San Francisco STATE: CA ZIP CODE: 94102
TELEPHONE NO.: 415-795-4070 FAX NO.: 415-680-2335
E-MAIL ADDRESS: hank@burgoynelawgroup.com
ATTORNEY FOR (name): Plaintiff Philip Schoenfeld
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
STREET ADDRESS: 400 County Center
MAILING ADDRESS: 400 County Center
CITY AND ZIP CODE: Redwood City, CA 94063
BRANCH NAME: Southern Branch: Hall of Justice and Records
PLAINTIFF/PETITIONER: Philip Schoenfeld
DEFENDANT/RESPONDENT: Jane Doe
OTHER PARENT/PARTY:
SUPERIOR COURT CASE NUMBER:
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL
20-CIV-03990
(UNLIMITED CIVIL CASE)
COURT OF APPEAL CASE NUMBER (if known):
RE: Appeal filed on (date): Feb 15, 2024 A169915
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: Schoenfeld v Doe SUPERIOR COURT CASE NUMBER:
20-CIV-03990
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 Feb 15, 2024
(2) Notice designating record on appeal (this document) Mar 19, 2024
(3) Judgment or order appealed from Jan 16, 2024
(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) Mar 19, 2024
APP-003 [Rev. January 1, 2019]
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 2 of 4
(Unlimited Civil Case)
APP-003
CASE NAME: Schoenfeld v Doe SUPERIOR COURT CASE NUMBER:
4. NOTICE DESIGNATING CLERK'S TRANSCRIPT
b. Additional documents. (If you want any documents trom 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.)
[KJ 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 fifed or, if that is not
available, the date the document was signed.)
����������D_o___m_e_n__ i el �_
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n _ t _n���������-'I ��� l -D_a_et �o__F ini�g'--�-'
f _l_
c
u
(8) Complaint for: I. Defamation Per Sc: 2. lntcn'l lntcrfcrcncc with Prospective Economic Rcl's Sep 17. 2020
(9) Civil Case Cover Sheet Sep 17. 2020
(10) Summons Issued I Filed Sep 17. 2020
(11) First Amended Complaint Oe1 13. 2020
IT] 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
c=J 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 ! !._ D_e__
s r_
c ,__
i t_
p o_n
i __.! ! Admitted (Yes/No)
(1)
(2)
(3)
(4)
c=J 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 sten 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) [TI My copy of the reporter's transcript in electronic format.
(2) D My copy of the reporter's transcript in paper format.
(3) CJ My copy of the reporter's transcript in electronic format and a second copy in paper format.
(Code Civ. Proc., § 271.)
Page 3 ot 4
APP.003 \Rev. January 1. 2019] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL
(Unlimited Civil Case)
APP-003
CASE NAME: Schoenfeld v Doe
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 testirnony, or the giving of jury instructions), the narne of the court
reporter who recorded the proceedings (if known), and whether a cerlified transcript of the designated proceeding was
previously prepared.)
Date I Department !Full/Partial Day I Description Reporter's Name I Prev. prepared?
(1 )Dec 22, 20'.824 Partial Day T'script. I lcur'g on D's Mo. for PO Rhiannon Smith [BJ Yes D No
(2)Fcb 9, 2024 24 Partial Day T'script. I lcar'g on D's Mo. to Vac. Rhiannon Smith D Yes [BJ No
(3) D Yes D No
(4) D Yes D No
c=J 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 Sb," 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 I DepartmentjFulllPartial Day! Description Reporter's Name I Prev. prepared?
(1) D Yes D No
(2) D Yes D No
(3) D Yes D No
(4) D Yes D No
c=J 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 Sb or 6 c=J include D 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: C::J Below D
On a separate page labeled "Attachment 7."
Date: 03/19/2024
Henrv M. Bur!.!oyni: Ill
{TYPE OR PRINT NAME)
APP-003 [Rav. January 1. 2019! Page 4 of 4
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL
(Unlimited Civil Case)
CASE NAME: Schoenfeld v Doe SUP. CT. CASE NO.: 20-CIV-03990
A achment 4b - No ce of Designa ng Clerk’s Transcript (addi onal documents)
Document Title and Descrip on Date of Filing
12. Proof of Service of Summons Oct 14, 2020
13. D’s No ce of Mo on and Special Mo on to Strike, Nov 10, 2020
Memorandum, D’s Declara on
14. Declara on of E. Syverson Nov 10, 2020
15. Declara on of Defendant Doe Nov 10, 2020
16. No ce of Hearing re Mo on to Strike Dec 8, 2020
17. Order Gran ng Extension of Time for P Schoenfeld to Dec 8, 2020
Respond to Cross Complaint
18. S p to Strike Cross-Complaint and General Denial in Their Jan 13, 2021
En rety
19. [Proposed] Order Gran ng S p to Strike Cross-Complaint Jan 13, 2021
and General Denial in Their En rety
20. S p to Strike Cross-Complaint and General Denial in Their Jan 22, 2021
En rety
21. Order Gran ng S pula on to Strike Cross-Complaint and Jan 22, 2021
General Denial in Their En rety
22. S pula on for an Order Gran ng Leave for P to File Second Jan 29, 2021
Amended Complaint and Withdrawing D’s An -Slapp
Mo on to Strike
23. [Proposed] Order Gran ng Leave for P to File Second Jan 29, 2021
Amended Complaint and Withdrawing D’s An -Slapp
Mo on to Strike
24. Order Gran ng Leave for P to File Second Amended Jan 29, 2021
Complaint and Withdrawing D’s An -Slapp Mo on to Strike
25. Second Amended Complaint Feb 2, 2021
26. Minute Order (on Case Management Conference) Feb 3, 2021
27. Request For Dismissal (Par al) Without Prejudice as to Feb 11, 2021
Does 1-10
28. S pula on to Enter Judgment Mar 9, 2021
29. Order re Reten on of Jurisdic on Mar 19, 2021
30. Judgment (on Pleadings) Mar 19, 2021
31. D’s No ce of Mo on and Mo on to Vacate Judgment, Nov 3, 2023
Memorandum of Points and Authori es in Support Thereof
32. D’s No ce of Mo on and Mo on to Request a Protec ve Nov 3, 2023
Order Nunc Pro Tunc, Memorandum of Points and
Authori es in Support Thereof
33. D’s Declara on in Support of D’s Mo on to Vacate Nov 3, 2023
Judgment and Mo on to Request a Protec ve Order Nunc
Pro Tunc
34. Order Gran ng D’s Condi onally Unopposed Ex Parte Nov 16, 2023
Applica on to Expedite the Hearing Date on D’s Mo on to
Request a Protec ve Order Nunc Pro Tunc
35. D’s Condi onally Unopposed Ex Parte Applica on to Nov 16, 2023
Expedite the Hearing Date on D’s Mo on to Request a
Protec ve Order Nunc Pro Tunc
36. Sweigart Declara on in Support of D’s Condi onally Nov 16, 2023
Unopposed Ex Parte Applica on to Expedite the Hearing
Date on D’s Mo on to Request a Protec ve Order Nunc Pro
Tunc
37. D’s Declara on in Support of D’s Condi onally Unopposed Nov 16, 2023
Ex Parte Applica on to Expedite the Hearing Date on D’s
Mo on to Request a Protec ve Order Nunc Pro Tunc
38. P’s Response and Condi onal Opposi on to D’s Ex Parte Nov 16, 2023
Applica on to Expedite the Hearing on Her Mo on for
Protec ve Order (Memorandum of Points and Authori es)
39. P’s Memorandum of Points and Authori es in Opposi on Dec 12, 2023
to D’s Mo on to Request a Protec ve Order Nunc Pro Tunc
40. P’s Declara on in Support of P’s Opposi on to Defendant’s Dec 12, 2023
Mo on to Request a Protec ve Order Nunc Pro Tunc
41. D’s Reply Memorandum of Points and Authori es in Dec 18, 2023
Support of D’s Mo on to Request a Protec ve Order Nunc
Pro Tunc
42. D’s Declara on in Support of D’s Reply Memorandum Dec 18, 2023
Suppor ng D’s Mo on to Request a Protec ve Order Nunc
Pro Tunc
43. Minute Order (on Hearing on D’s Mo on to Mo on to Dec 22, 2023
Request a Protec ve Order Nunc Pro Tunc)
44. Order Gran ng D’s Mo on to Request a Protec ve Order Jan 16, 2024
Nunc Pro Tunc
45. P’s Memorandum of Points and Authori es in Opposi on Jan 29, 2024
to D’s Mo on to Vacate Judgment
46. P’s Declara on in Opposi on to Defendants Mo on to Jan 29, 2024
Vacate Judgment (incorrectly indicated on docket as a
memorandum, as a result of an error in the document
cap on)
47. Proof of Service (P’s Memorandum of Points and Jan 29, 2024
Authori es in Opposi on to D’s Mo on to Vacate
Judgment, P’s Declara on in Support of Opposi on)
48. D’s Reply Memorandum of Points and Authori es in Feb 2, 2024
Support of D’s Mo on to Vacate Judgment
49. Subs tu on of A orney as to Former A orney Erik Swen Feb 2, 2024
Syverson
50. Minute Order (on Hearing on D’s Mo on to Vacate Feb 9, 2024
Judgment)
51. Proof of Service (Plain ff’s No ce of Appeal) Feb 15, 2026
52. No ce of Filing of Appeal Feb 16, 2024
Preview
APP-003 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: 203748 FOR COURT USE ONLY NAME: Henry M. Burgoyne III FIRM NAME: Burgoyne Law Group STREET ADDRESS: 1390 Market Street, Suite 200 CITY: San Francisco STATE: CA ZIP CODE: 94102 TELEPHONE NO.: 415-795-4070 FAX NO.: 415-680-2335 E-MAIL ADDRESS: hank@burgoynelawgroup.com ATTORNEY FOR (name): Plaintiff Philip Schoenfeld SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO STREET ADDRESS: 400 County Center MAILING ADDRESS: 400 County Center CITY AND ZIP CODE: Redwood City, CA 94063 BRANCH NAME: Southern Branch: Hall of Justice and Records PLAINTIFF/PETITIONER: Philip Schoenfeld DEFENDANT/RESPONDENT: Jane Doe OTHER PARENT/PARTY: SUPERIOR COURT CASE NUMBER: APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL 20-CIV-03990 (UNLIMITED CIVIL CASE) COURT OF APPEAL CASE NUMBER (if known): RE: Appeal filed on (date): Feb 15, 2024 A169915 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: Schoenfeld v Doe SUPERIOR COURT CASE NUMBER: 20-CIV-03990 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 Feb 15, 2024 (2) Notice designating record on appeal (this document) Mar 19, 2024 (3) Judgment or order appealed from Jan 16, 2024 (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) Mar 19, 2024 APP-003 [Rev. January 1, 2019] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 2 of 4 (Unlimited Civil Case) APP-003 CASE NAME: Schoenfeld v Doe SUPERIOR COURT CASE NUMBER: 4. NOTICE DESIGNATING CLERK'S TRANSCRIPT b. Additional documents. (If you want any documents trom 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.) [KJ 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 fifed or, if that is not available, the date the document was signed.) ����������D_o___m_e_n__ i el �_ t T_t_ a _ d D_e_s_c_ir�p_i_o n _ t _n���������-'I ��� l -D_a_et �o__F ini�g'--�-' f _l_ c u (8) Complaint for: I. Defamation Per Sc: 2. lntcn'l lntcrfcrcncc with Prospective Economic Rcl's Sep 17. 2020 (9) Civil Case Cover Sheet Sep 17. 2020 (10) Summons Issued I Filed Sep 17. 2020 (11) First Amended Complaint Oe1 13. 2020 IT] 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 c=J 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 ! !._ D_e__ s r_ c ,__ i t_ p o_n i __.! ! Admitted (Yes/No) (1) (2) (3) (4) c=J 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 sten 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) [TI My copy of the reporter's transcript in electronic format. (2) D My copy of the reporter's transcript in paper format. (3) CJ My copy of the reporter's transcript in electronic format and a second copy in paper format. (Code Civ. Proc., § 271.) Page 3 ot 4 APP.003 \Rev. January 1. 2019] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL (Unlimited Civil Case) APP-003 CASE NAME: Schoenfeld v Doe 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 testirnony, or the giving of jury instructions), the narne of the court reporter who recorded the proceedings (if known), and whether a cerlified transcript of the designated proceeding was previously prepared.) Date I Department !Full/Partial Day I Description Reporter's Name I Prev. prepared? (1 )Dec 22, 20'.824 Partial Day T'script. I lcur'g on D's Mo. for PO Rhiannon Smith [BJ Yes D No (2)Fcb 9, 2024 24 Partial Day T'script. I lcar'g on D's Mo. to Vac. Rhiannon Smith D Yes [BJ No (3) D Yes D No (4) D Yes D No c=J 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 Sb," 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 I DepartmentjFulllPartial Day! Description Reporter's Name I Prev. prepared? (1) D Yes D No (2) D Yes D No (3) D Yes D No (4) D Yes D No c=J 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 Sb or 6 c=J include D 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: C::J Below D On a separate page labeled "Attachment 7." Date: 03/19/2024 Henrv M. Bur!.!oyni: Ill {TYPE OR PRINT NAME) APP-003 [Rav. January 1. 2019! Page 4 of 4 APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL (Unlimited Civil Case) CASE NAME: Schoenfeld v Doe SUP. CT. CASE NO.: 20-CIV-03990 A achment 4b - No ce of Designa ng Clerk’s Transcript (addi onal documents) Document Title and Descrip on Date of Filing 12. Proof of Service of Summons Oct 14, 2020 13. D’s No ce of Mo on and Special Mo on to Strike, Nov 10, 2020 Memorandum, D’s Declara on 14. Declara on of E. Syverson Nov 10, 2020 15. Declara on of Defendant Doe Nov 10, 2020 16. No ce of Hearing re Mo on to Strike Dec 8, 2020 17. Order Gran ng Extension of Time for P Schoenfeld to Dec 8, 2020 Respond to Cross Complaint 18. S p to Strike Cross-Complaint and General Denial in Their Jan 13, 2021 En rety 19. [Proposed] Order Gran ng S p to Strike Cross-Complaint Jan 13, 2021 and General Denial in Their En rety 20. S p to Strike Cross-Complaint and General Denial in Their Jan 22, 2021 En rety 21. Order Gran ng S pula on to Strike Cross-Complaint and Jan 22, 2021 General Denial in Their En rety 22. S pula on for an Order Gran ng Leave for P to File Second Jan 29, 2021 Amended Complaint and Withdrawing D’s An -Slapp Mo on to Strike 23. [Proposed] Order Gran ng Leave for P to File Second Jan 29, 2021 Amended Complaint and Withdrawing D’s An -Slapp Mo on to Strike 24. Order Gran ng Leave for P to File Second Amended Jan 29, 2021 Complaint and Withdrawing D’s An -Slapp Mo on to Strike 25. Second Amended Complaint Feb 2, 2021 26. Minute Order (on Case Management Conference) Feb 3, 2021 27. Request For Dismissal (Par al) Without Prejudice as to Feb 11, 2021 Does 1-10 28. S pula on to Enter Judgment Mar 9, 2021 29. Order re Reten on of Jurisdic on Mar 19, 2021 30. Judgment (on Pleadings) Mar 19, 2021 31. D’s No ce of Mo on and Mo on to Vacate Judgment, Nov 3, 2023 Memorandum of Points and Authori es in Support Thereof 32. D’s No ce of Mo on and Mo on to Request a Protec ve Nov 3, 2023 Order Nunc Pro Tunc, Memorandum of Points and Authori es in Support Thereof 33. D’s Declara on in Support of D’s Mo on to Vacate Nov 3, 2023 Judgment and Mo on to Request a Protec ve Order Nunc Pro Tunc 34. Order Gran ng D’s Condi onally Unopposed Ex Parte Nov 16, 2023 Applica on to Expedite the Hearing Date on D’s Mo on to Request a Protec ve Order Nunc Pro Tunc 35. D’s Condi onally Unopposed Ex Parte Applica on to Nov 16, 2023 Expedite the Hearing Date on D’s Mo on to Request a Protec ve Order Nunc Pro Tunc 36. Sweigart Declara on in Support of D’s Condi onally Nov 16, 2023 Unopposed Ex Parte Applica on to Expedite the Hearing Date on D’s Mo on to Request a Protec ve Order Nunc Pro Tunc 37. D’s Declara on in Support of D’s Condi onally Unopposed Nov 16, 2023 Ex Parte Applica on to Expedite the Hearing Date on D’s Mo on to Request a Protec ve Order Nunc Pro Tunc 38. P’s Response and Condi onal Opposi on to D’s Ex Parte Nov 16, 2023 Applica on to Expedite the Hearing on Her Mo on for Protec ve Order (Memorandum of Points and Authori es) 39. P’s Memorandum of Points and Authori es in Opposi on Dec 12, 2023 to D’s Mo on to Request a Protec ve Order Nunc Pro Tunc 40. P’s Declara on in Support of P’s Opposi on to Defendant’s Dec 12, 2023 Mo on to Request a Protec ve Order Nunc Pro Tunc 41. D’s Reply Memorandum of Points and Authori es in Dec 18, 2023 Support of D’s Mo on to Request a Protec ve Order Nunc Pro Tunc 42. D’s Declara on in Support of D’s Reply Memorandum Dec 18, 2023 Suppor ng D’s Mo on to Request a Protec ve Order Nunc Pro Tunc 43. Minute Order (on Hearing on D’s Mo on to Mo on to Dec 22, 2023 Request a Protec ve Order Nunc Pro Tunc) 44. Order Gran ng D’s Mo on to Request a Protec ve Order Jan 16, 2024 Nunc Pro Tunc 45. P’s Memorandum of Points and Authori es in Opposi on Jan 29, 2024 to D’s Mo on to Vacate Judgment 46. P’s Declara on in Opposi on to Defendants Mo on to Jan 29, 2024 Vacate Judgment (incorrectly indicated on docket as a memorandum, as a result of an error in the document cap on) 47. Proof of Service (P’s Memorandum of Points and Jan 29, 2024 Authori es in Opposi on to D’s Mo on to Vacate Judgment, P’s Declara on in Support of Opposi on) 48. D’s Reply Memorandum of Points and Authori es in Feb 2, 2024 Support of D’s Mo on to Vacate Judgment 49. Subs tu on of A orney as to Former A orney Erik Swen Feb 2, 2024 Syverson 50. Minute Order (on Hearing on D’s Mo on to Vacate Feb 9, 2024 Judgment) 51. Proof of Service (Plain ff’s No ce of Appeal) Feb 15, 2026 52. No ce of Filing of Appeal Feb 16, 2024