On March 06, 2019 a
Appellate Materials
was filed
involving a dispute between
Hyle, John,
and
Aguilar, Elia M,
Rodriguez, Arianna Athena,
Rodriguez, Arianne Athena,
Rodriguez, David J,
for PI Motor Vehicle
in the District Court of San Bernardino County.
Preview
APP-003
ATTORNEY 0R mm wrmom Aflonusv sure 3M NUMBER: 1 57008
m counrmmy
NAME: Gregory G. Rizio
FIRMWE: Rizio Li insky Law Firm PC
srREETADDREst 267 North Main Street, Suite 225
0W Santa Ana mm CA ”00°62 92705
“Lem“ ”°‘i (714) 505'2468 "x "°" (714) 5474245
e-MAIL mousse:
supemoalécgulfi Er: ?ALIFORNM
L‘C‘L'TITY 0F SAN BERNARD‘N"
Amv FOR
(um): John
Kyle, plaintiff RANCH.) C'JCAMONGA D'STRICT
SUPERIOR count 0F CALIFORNIA, COUNTY 0F SAN BERNARDINO “F
sTREEeroREss: 247 West Third Street MAR O 5 2021}
M Q‘
MAILING ADDRESS:
C'TYWZ'PWDE San Bcrnardino 92415
mu NAME: BY .
PLAINrIFF/pETITIONER: John Hylc MCN'CA FLORES. Utwuu f
DEFENDANT/RESPONDENT: Arianna Athnea Rodriguez et 8.1., et a1.
OTHER PARENT/PARTY:
APPELLANT'S NOTICE DESIGNATING RECORD 0N APPEAL 9WD“ C00” 0‘3! NW3“
(UNLIMITED CIVIL CASE) CIVDS 1 907037
RE: Appeal mod on (date):
(um;
COURT o: APPEAL case NUMBER
February 23, 2024
Notlco: Please road Information on Appeal Procedures for Unlimited CMI Cases (form APP-Oo1-INFO) before
complotlng thls form. Thls form must be filed In the superior court, not In tho Court of Appeal.
1. RECORD OF THE DOCUMENTS FILED IN THE SUPERIOR COURT
I choose touse the foHowing method of providing the Court of Appeal wllh a record of the documents filed In tho superior court
(ch'eck a, b, c, or d, and fill in any mqulrad information):
a. D A clerk's transcript under
2 and 3 o! this form.)
rule 8.122. (You must check (1) or (2) and fill out the cIeIk's transcript section (Item 4) on pages
D
(1) I wlll
transcript.
pay the superior court clerk for this transcrlpt myself when receive the clerk's estlmate of the costs of this
I I
I
understand that If do not pay for thls transcript. it will not be prepared and provided to the Court of
Appeal.
E
(2) request that the clerk's transcript be provlded to me at no cost because cannot afford to pay
l
submitted the following document with this notice deslgnatlng the record (check (a) or (b)):
I
this cost. I have
E
E (a)
(b)
An
An
order granting a waiver of court fees and costs under rules 3.50—3.58; or
application for a waiver of coun foes and costs under rules 3.50-3.58. (Use Request Waive Cow! Fees
W
to
(form FW-001) to preparp and file this application.)
b. E An appendix under rule 8.124.
c.
D Tho
Appellate
flla under rule 8.1 28. (NOTE: Local miss In tho Court olAppeaI.
original suparior court
First, Third, and Fourth
permit parties to stipulate (agme) to use the original superior court file Instead of a clerk's
Dlstn’cts,
transcript;
you may select this option ifyour appeal ls in one of these districts and all the parties have stipulated to use the original
superior court flle Instead of a clerk’s transcript In this case. Attach a copy o! this stipulation.)
d. D An agreed statement under
of all (he documents that
rule 8.134. (You must complete Item
am required to be Included in the clerk's transcn’pr.
217(2) below and attach to your agreed statement copies
These documents are listed in rule 8. 134(8).)
2. RECORD OF ORAL PROCEEDINGS IN THE SUPERIOR COURT
choose to proceed (you must check a or b below):
m
I
a. WITHOUT a record of the oral proceedings (what was sald at the hearing or trial) In the superior court undemand that l
without a record of the oral proceedlngs In the superior court. the Court of Appeal will not bo able
to consider what was
sald during those proceedings In deciding whether an error was made In the supedor court
proceedings.
Pm 0H
me'aww- APPELLANT's NOTICE DESIGNATING RECORD 0N APPEAL umum.ma.w.
1
Wo'a'ffwflnfimm ""14"“'°‘”°'
(Unlimited cw" Can) Wfilsfi
uxIJchIJO A momand Callfomla Judicial Comm! Form:
APP-003
CASE NAME: IUPEMOR COURT CAI! NUMBER:
Hyle v. Rodriguez CIVDSI907037
2. b. DD
(1)
WITH
A
the following record of the oral proceedings
reporter's transcript
In the superbr court (you must check (1), (2),
under rule 8.1 30. (You must fill out tho mpodol’s transcript section (item 5) on pages 3 and 4
or (3) below):
of this form.) have (check that apply):
D
l all
(a) Deposlted wlth the superior court clerk the approximate cost of preparing the transcript by including tho deposit
B
E:
(b)
wlth thls notice as provlded ln rule 8.130(b)(1).
Attached a copy of a Transcript Relmbursement Fund application
Attached the reporter's written waiver of a deposit under rule 8.130(b)(3)(A)
filed under tule 8.130(c)(1).
E
E
(c)
(l) all of the designated proceedings.
pan of the designated proceedlngs.
for (check either (0 or (i0):
,(2)
D
EE (d)
(ii)
Attached a certlfled transcript under rule 8.130(b)(3)(C).
An agreed statement. (Check and complete either (a) or (b) below.)
(a) have attached an agreed statement to thls notice.
D
I
(b) Al! the panles have stipulated (agreed) In writing to try to agree on a statement. (You must attach a copy of this
stipulation to this notice.) understand that, within 40 days aflerl flle the notice of appeal,
l
must file either the I
agreed statement or a notice indicating the parties wore unable to agree on a statement and a new notloo
(a) E A settled
designating the record on appeal.
statement under rule 8.137. (You must chock
on page
(a), (b). or (c) below, and fill out the settled statement
D
E
(a)
(b)
section (item 6)
The
The
oral
oral
proceedings
proceedlngs
4.)
ln
In
the superior court were not reported by a court reporter.
the superior court were reported by a court reporter. but I have an order wafving fees
and
E
(c)
costs.
I'am asking to use a settled statement for reasons other than those llstod
(he motion required under rule 8. 137(b) at the same lime that you filo thls form.
In (a) or (b).
You may use
(You must serve and filo
fon‘n APP-025 to
prepare the motion.)
RECORD OF AN ADMINISTRATIVE PROCEEDING TO BE TRANSMITTED TO THE COURT OF APPEAL
3.
E I
that
request that the clerk transmit to the Court of Appeal under rule 8.123 the record of the followlng admlnlstratlve proceedlng
was admitted Into 9vldence. refused, or lodged in the superior court (give the title and date or dates ofthe admlnlstratlvo
pmceedlng):
L Tltlo of Admlnlstrntlvo Procuding 1 L Dato or Dates ]
4. NOTICE DESIGNATING CLERK'S TRANSCRIPT
(You must complete this section llyou checked Item 1a above Indicating that you choose (a use a clerk's transcript as tho record of
the'documents filed In the superior court.)
a. Roqulrod documents. The clerk will automatlcally Include the following Items In the cIerk's transcript. but
you must provlde the
date each document was flled. or If that ls not avallabIe, the date the document was signed.
[
Document Tltlo and Doserlptlon 1 L Datofillng ]
(1) Notice of appeal
(2) Notice deslgnatlng record on appeal (this document)
(3) Judgment or order appealed from
(4) Notlce of entry of Judgment (If any)
(5) Notice of Intention to move
new tflal or motion to vacate the judgment. for Judgment
for
notwithstanding the verdlct, or for reconsideration of an appaalad order (Ifany)
(6) Ruling on one or more of the Items listed in (5)
(7) Register of actlons or docket (if any)
”'MIM'J'W ”ml APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL "0' 1°"
(Unllmltod Clvll Case)
LexisNexim Aulomalcd Cal(fomla Judicial Council Form:
Document Filed Date
March 05, 2024
Case Filing Date
March 06, 2019
Category
PI Motor Vehicle
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
APP-003 ATTORNEY 0R mm wrmom Aflonusv sure 3M NUMBER: 1 57008 m counrmmy NAME: Gregory G. Rizio FIRMWE: Rizio Li insky Law Firm PC srREETADDREst 267 North Main Street, Suite 225 0W Santa Ana mm CA ”00°62 92705 “Lem“ ”°‘i (714) 505'2468 "x "°" (714) 5474245 e-MAIL mousse: supemoalécgulfi Er: ?ALIFORNM L‘C‘L'TITY 0F SAN BERNARD‘N" Amv FOR (um): John Kyle, plaintiff RANCH.) C'JCAMONGA D'STRICT SUPERIOR count 0F CALIFORNIA, COUNTY 0F SAN BERNARDINO “F sTREEeroREss: 247 West Third Street MAR O 5 2021} M Q‘ MAILING ADDRESS: C'TYWZ'PWDE San Bcrnardino 92415 mu NAME: BY . PLAINrIFF/pETITIONER: John Hylc MCN'CA FLORES. Utwuu f DEFENDANT/RESPONDENT: Arianna Athnea Rodriguez et 8.1., et a1. OTHER PARENT/PARTY: APPELLANT'S NOTICE DESIGNATING RECORD 0N APPEAL 9WD“ C00” 0‘3! NW3“ (UNLIMITED CIVIL CASE) CIVDS 1 907037 RE: Appeal mod on (date): (um; COURT o: APPEAL case NUMBER February 23, 2024 Notlco: Please road Information on Appeal Procedures for Unlimited CMI Cases (form APP-Oo1-INFO) before complotlng thls form. Thls form must be filed In the superior court, not In tho Court of Appeal. 1. RECORD OF THE DOCUMENTS FILED IN THE SUPERIOR COURT I choose touse the foHowing method of providing the Court of Appeal wllh a record of the documents filed In tho superior court (ch'eck a, b, c, or d, and fill in any mqulrad information): a. D A clerk's transcript under 2 and 3 o! this form.) rule 8.122. (You must check (1) or (2) and fill out the cIeIk's transcript section (Item 4) on pages D (1) I wlll transcript. pay the superior court clerk for this transcrlpt myself when receive the clerk's estlmate of the costs of this I I I understand that If do not pay for thls transcript. it will not be prepared and provided to the Court of Appeal. E (2) request that the clerk's transcript be provlded to me at no cost because cannot afford to pay l submitted the following document with this notice deslgnatlng the record (check (a) or (b)): I this cost. I have E E (a) (b) An An order granting a waiver of court fees and costs under rules 3.50—3.58; or application for a waiver of coun foes and costs under rules 3.50-3.58. (Use Request Waive Cow! Fees W to (form FW-001) to preparp and file this application.) b. E An appendix under rule 8.124. c. D Tho Appellate flla under rule 8.1 28. (NOTE: Local miss In tho Court olAppeaI. original suparior court First, Third, and Fourth permit parties to stipulate (agme) to use the original superior court file Instead of a clerk's Dlstn’cts, transcript; you may select this option ifyour appeal ls in one of these districts and all the parties have stipulated to use the original superior court flle Instead of a clerk’s transcript In this case. Attach a copy o! this stipulation.) d. D An agreed statement under of all (he documents that rule 8.134. (You must complete Item am required to be Included in the clerk's transcn’pr. 217(2) below and attach to your agreed statement copies These documents are listed in rule 8. 134(8).) 2. RECORD OF ORAL PROCEEDINGS IN THE SUPERIOR COURT choose to proceed (you must check a or b below): m I a. WITHOUT a record of the oral proceedings (what was sald at the hearing or trial) In the superior court undemand that l without a record of the oral proceedlngs In the superior court. the Court of Appeal will not bo able to consider what was sald during those proceedings In deciding whether an error was made In the supedor court proceedings. Pm 0H me'aww- APPELLANT's NOTICE DESIGNATING RECORD 0N APPEAL umum.ma.w. 1 Wo'a'ffwflnfimm ""14"“'°‘”°' (Unlimited cw" Can) Wfilsfi uxIJchIJO A momand Callfomla Judicial Comm! Form: APP-003 CASE NAME: IUPEMOR COURT CAI! NUMBER: Hyle v. Rodriguez CIVDSI907037 2. b. DD (1) WITH A the following record of the oral proceedings reporter's transcript In the superbr court (you must check (1), (2), under rule 8.1 30. (You must fill out tho mpodol’s transcript section (item 5) on pages 3 and 4 or (3) below): of this form.) have (check that apply): D l all (a) Deposlted wlth the superior court clerk the approximate cost of preparing the transcript by including tho deposit B E: (b) wlth thls notice as provlded ln rule 8.130(b)(1). Attached a copy of a Transcript Relmbursement Fund application Attached the reporter's written waiver of a deposit under rule 8.130(b)(3)(A) filed under tule 8.130(c)(1). E E (c) (l) all of the designated proceedings. pan of the designated proceedlngs. for (check either (0 or (i0): ,(2) D EE (d) (ii) Attached a certlfled transcript under rule 8.130(b)(3)(C). An agreed statement. (Check and complete either (a) or (b) below.) (a) have attached an agreed statement to thls notice. D I (b) Al! the panles have stipulated (agreed) In writing to try to agree on a statement. (You must attach a copy of this stipulation to this notice.) understand that, within 40 days aflerl flle the notice of appeal, l must file either the I agreed statement or a notice indicating the parties wore unable to agree on a statement and a new notloo (a) E A settled designating the record on appeal. statement under rule 8.137. (You must chock on page (a), (b). or (c) below, and fill out the settled statement D E (a) (b) section (item 6) The The oral oral proceedings proceedlngs 4.) ln In the superior court were not reported by a court reporter. the superior court were reported by a court reporter. but I have an order wafving fees and E (c) costs. I'am asking to use a settled statement for reasons other than those llstod (he motion required under rule 8. 137(b) at the same lime that you filo thls form. In (a) or (b). You may use (You must serve and filo fon‘n APP-025 to prepare the motion.) RECORD OF AN ADMINISTRATIVE PROCEEDING TO BE TRANSMITTED TO THE COURT OF APPEAL 3. E I that request that the clerk transmit to the Court of Appeal under rule 8.123 the record of the followlng admlnlstratlve proceedlng was admitted Into 9vldence. refused, or lodged in the superior court (give the title and date or dates ofthe admlnlstratlvo pmceedlng): L Tltlo of Admlnlstrntlvo Procuding 1 L Dato or Dates ] 4. NOTICE DESIGNATING CLERK'S TRANSCRIPT (You must complete this section llyou checked Item 1a above Indicating that you choose (a use a clerk's transcript as tho record of the'documents filed In the superior court.) a. Roqulrod documents. The clerk will automatlcally Include the following Items In the cIerk's transcript. but you must provlde the date each document was flled. or If that ls not avallabIe, the date the document was signed. [ Document Tltlo and Doserlptlon 1 L Datofillng ] (1) Notice of appeal (2) Notice deslgnatlng record on appeal (this document) (3) Judgment or order appealed from (4) Notlce of entry of Judgment (If any) (5) Notice of Intention to move new tflal or motion to vacate the judgment. for Judgment for notwithstanding the verdlct, or for reconsideration of an appaalad order (Ifany) (6) Ruling on one or more of the Items listed in (5) (7) Register of actlons or docket (if any) ”'MIM'J'W ”ml APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL "0' 1°" (Unllmltod Clvll Case) LexisNexim Aulomalcd Cal(fomla Judicial Council Form: