Preview
APP-003
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER FOR COURT USE ONL Y
NAME Stephen G. Opperwall (SBN 100057)
FIRM NAME LAW OFFICES OF STEPHEN G. OPPERWALL
sTREETADDREss 4900 Hopyard Road, Suite 100
cnY PleaSantOn STATE CA ZIP CODE 94588
TELEPHONE NO ( 925 ) 417 0300
—
FAXNO (925) 417 0301 —
E MniLADDREss steve. opperwalltacomcast. net
ATTORNEY FOR fnemef P 1 aint i ff S
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Sonoma
sTREETADDREss 3055 Cleveland Avenue
MAILING ADDRESS
cITYANDzIPcoDE Santa Rosa CA 95403
BRANCH NAME
ILAINTIFFJPETmONER Laurence and Christine Akiyoshi
DEFENDANT/REspoNDENT. Hector Andrade; et al.
OTHER PARENT/PARTY.
APPELLANTS NOTICE DESIGNATING RECORD ON APPEAL SUPERIOR COURT CASE NUMBER
(UNLIMITED CIVIL CASE) SCV-268120
RE: Appssi filed on (date). COURT OF APPEAL CASE NUMBER id knoeni
3/8/2024 A169996
Notice: Please read Information on Appeal Procedures for Unlimited Civil Cases (form APP001-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 [Q A clerk'stranscript 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) (Q I will pay the superior court clerk for this transcript myself when receive the clerk's estimate of the costs of this
I
transcript. understand that if do not pay for this transcript, it will not be prepared and provided to the Court of
I 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) ~ 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
(form FW-001) io prepare and fi/e this application.)
Request to Waive Court Fees
b. ~ An appendix under rule 8.124.
c. ~ The onginal superior court file under rule 8.128. (NOTE: Local rules in the Court of Appeal, First, Third, and Fourth
Appe/late Districts, permit parties to stipulate (agree) to use the original superior court file instead of a clefk's transcript,
you may select this option if your appeal is in one of these districts and ail the parties have stipulated to use the original
superior court file instead of a clerk's transcriptin 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 elect to proceed (you must check a or b below):
Q3 WITHOUT a record of the oral proceedings (what was said at the hearing or trial) in the superior court. understand that
I
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.
'. There was no court re P orter.
Form Approved for Optional Uee
J dioal Counol of California
APP-003 IRev January I, 2019I
('Lng Essential
eelafom „= FOITT1$
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL
(Unlimited Civil Case)
Page 1 of 4
8121-8124 8128, 8130, 8134, 813TR
APP-003
CASE NAME. SUPERIOR COURT CASE NUMBER:
Laurence A)giyoshi v Hector Andrade et al SCV-268120
2. b. ~ WITH the following record of the oral proceedings in the superior court (youmustcheck(1), (2), or(3) below):
(1) ~A reporter's transcript under rule 8 130 (You must fill out the reporter's lranscript section (item 5) on pages 3 and 4
of this form.) have (check all that apply):
~
I
(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)
(c)
~
~~
Attached a copy of a Transcript Reimbursement Fund application filed 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)).
all of the designated proceedings.
~~
(i)
(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) ~ have attached an agreed statement to this notice.
I
(b) ~AII 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 ) understand that, within 40 days after file 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
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 have an order waiving fees
and costs.
I
(c) ~ 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 ru/e 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
~ 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 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 ta above indicating that you choose to use a clerk's lranscn'pt as the record of
the documents filed in the supen'or 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 3/8/2024
(2) Notice designating record on appeal (this document)
(3) Judgment or order appealed from 1/12/2024
(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)
DESIGNATING RECORD ON APPEAL
( nLg'
FBITIIS'PPELLANT'S NOTICE
APP-003 IRey January
Essential
1 2019I
(Unlimited Civil Case)
Page 2 of 4
~M ',.-j
APP-003
CASE NAME SUPERIOR COURT CASE NUEIBER:
Laurence Akiyoshi v Hector Andrade et al SCV-268120
4. NOTICE DESIGNATING CLERK'S TRANSCRIPT
b. Additional documents. (If you want any documents from the superior court proceedingin addition to the items listedin 4a.
above to beincludedin the clerk's transcript, you mustidentify those documents here.)
~ Irequest that the clerk include in the transcript the following documents that were filed in the superior court proceeding.
(You mustidentify each document you wantincluded 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) [See Attachment 4.h.]
(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
~ request that the clerk include in the transcript the following exhibits that were admitted in evidence, refused, or lodged
I
the superior court. (For each exhibit give the exhibit number such as Plaintiffs ¹1 or Defendant's A, and a brief
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 party, the partyin possession of the exhibit must deliverit to the superior court clerk
within 10 days after service of this notice designatrng the record. (Rule 8.122(a)(3).))
Exhibit Number Description Admitted (Yes/No)
(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 proceedings in the superior court. Please remember that you must pay for the cost of prepanng
the reporter's transcn'pt.
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., II 271.)
APP-003IRev January 1,20191 Page 3 of 4
Fomys'PPELLANT'S NOTICE
("cd'ssential
DESIGNATING RECORD ON APPEAL
(Unlimited Civil Case)
=-,
APP-003
CASE NAME. SUPERIOR COURT CASE NUMBER:
Laurence Akiyoshi v Hector Andrade et al SCV-268120
5. b. Proceedings
Irequest that the following proceedings in the superior court be included in the reporter's transcript (You mustidentify each
proceedrng you wanl 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 I
Full/Partial Day J
Description )
Reporter's Name I
Prev. prepared? J
Q Yes QNO
(2) QYes QNC
(3) Q Yes QNO
(4) Q Yes QNO
~ 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 checkeditem 2b(3) above indicating you choose to use a settled statement) request I
that the following proceedings in the superior court be included in the settled statement. (You must identify each proceeding you
wantincluded by its date, the departmentin which it took place, a descn'ption of the proceedings (for example, the examination
ofjurors, motions before tnal, the taking of testimony, or the giving ofjury instructrons), the name of the court reporter who
recorded the proceedings (if known), and whether a certified transcn'pt of the designated proceeding was previously prepared.)
Date ]Department )
Full/Partial Day I
Description )
Reporter's Name I
Prev. prepared? )
(1) Q Yes QNO
(2) QYes QNO
(3) Q Yes QNO
(4) GYBE QNO
~ 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. 3/29/2024
Stenhr n (". lYnnc rwa11
( g3" 'ssential
cabcom „-"
lFOrmS'SIGNATURE
APP-003 (Reu January I 2019)
(TYPE OR PRINT NAME)
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL
(Unlimited Civil Case)
OF APPELLANT OR ATTORNEY)
Page 4 of 4
Attachment 4.b. to Appellants'otice Designating Record on Appeal
2024 appeal
(Laurence Akiyoshi, et al. v. Hector Andrade, et al.)
(Sonoma County Superior Court Case Number SCV-268120)
(Court of Appeal, First District, Div 5, Number A169996)
Item ¹ Description Date filed
Complaint 04/01/2021
Third Amended Complaint 6/20/23
10 Memorandum of PQA's in Opposition 07/20/2023
to Motion for Sanctions
Declaration of Laurence F. Akiyoshi in 07/20/2023
Opposition to Motion for Sanctions
12 Declaration of Stephen Opperwall in 07/20/2023
opposition to motion for sanctions
13 Declaration of Laurence F. Akiyoshi in 07/20/2023
Opposition to Motion for Sanctions
14 Motion for Demurrer 07/24/2023
of Def's to Pltff's 3rd AC; Nemo of P6A;
Dec of M.G. Miller
15 Nemo of PQA in Support 07/24/2023
Def's Demurrer to Pltff's 3rd AC
16 Dec of Michael G Miller ISO Mtn for 07/24/2023
Sanctions Part 3
17 Dec of Michael G Miller ISO Mtn. for 07/24/2023
Sanctions Part
—
4
18 Dec of Michael G Miller ISO Ntn. for 07/24/2023
Sanctions Part 5
19 Dec of Michael G Miller ISO Mtn. for 07/24/2023
Sanctions Part 6
20 Dec of Michael G Miller ISO Motion for 07/24/2023
Sanctions Part
—
8
21 Dec of Michael G Miller ISO Motion for 07/24/2023
Sanctions Part 9
Page 1 of 2
22 Dec. of M.G. Miller ISO Def's Demurrer 07/24/2023
to Pltff's 3rd AC
23 Notion 07/24/2023
for Sanctions
Memo of PRA in Support 07/24/2023
for Sanctions
25 Declaration in Support 07/24/2023
Dec. of N.G. Miller Part 1 of 5 —
26 Declaration in Support 07/24/2023
Dec. of M.G. Miller Part 2 of 5 —
27 Dec of Michael G Miller ISO Notion for 07/25/2023
Sanctions Part 10
—
28 Dec of Michael G Miller ISO of Motion 07/25/2023
for Sanctions Part 11 —
29 Dec of Michael G Miller ISO of Motion 07/25/2023
for Sanctions Part 12 —
30 Dec of Michael G Miller ISO Motion for 07/25/2023
Sanctions Part 13
—
31
32 Reply Declaration 07/26/2023
ISO Def's Mtn for Sanctions
33 Request for Judicial Notice 07/26/2023
in Oppo to Mtn for Sanctions
Opposition 11/30/2023
to MTS Portions of 3rd AC
35 Opposition 11/30/2023
to Demurrer to 3rd AC
36 Reply In Support Of Motion For Sanctions 12/06/2023
Against Defendants and Their Attorneys;
Declaration of Stephen G. Opperwall
appeal. Attachment 4.b. to Appellants'otice Designating Record on
Appeal.2024.wpd
Page 2 of 2
PROOF OF SERVICE BY E-NAIL
of Civil Procedure Section 1010.6
Code
California Rule of Court, Rule 2.251
(Laurence Akiyoshi, et al. v. Hector Andrade, et al.)
(Sonoma County Superior Court Case Number SCV-268120)
(Court of Appeal, First District, Div 5, Number A169996)
I am a citizen of the United States, and a resident of the
5 County of Alameda, California, with a business address at 4900
Hopyard Road, Suite 100, Pleasanton, California 94588. I am over
6 the age of eighteen (18) years, and I am not a party to the within
action.
7
On the below-mentioned date, I caused to be served, pursuant to
8 Code of Civil Procedure Section 1010.6 and California Rule of Court,
Rule 2.251, the within-attached document(s) entitled:
9
10 Appellant's Notice Designating Record on Appeal (Unlimited Civil
Case)
11
12 on interested parties/counsel of record in said action by causing a
true and correct copy thereof, to be sent by e-mail to the known
13 confirmed e-mail address of the following:
14
Michael G. Hiller [for Jaime, Louis, Yolanda]
15 E-mail: miilereperrylaw.net
16
17
18 I declare under penalty of perjury that the foregoing is true
and correct.
19
Executed at Pleasanton, California on April 4, 2024.
20
21
7'si 8(PP4 Q. OPP~
STEPHEN G. OPPERWALL
22
23 appeal.appellant's notice of DOR on appeal.2024.pos1.wpd
24
25
26
27
28
Proof of Service
Preview
APP-003 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER FOR COURT USE ONL Y NAME Stephen G. Opperwall (SBN 100057) FIRM NAME LAW OFFICES OF STEPHEN G. OPPERWALL sTREETADDREss 4900 Hopyard Road, Suite 100 cnY PleaSantOn STATE CA ZIP CODE 94588 TELEPHONE NO ( 925 ) 417 0300 — FAXNO (925) 417 0301 — E MniLADDREss steve. opperwalltacomcast. net ATTORNEY FOR fnemef P 1 aint i ff S SUPERIOR COURT OF CALIFORNIA, COUNTY OF Sonoma sTREETADDREss 3055 Cleveland Avenue MAILING ADDRESS cITYANDzIPcoDE Santa Rosa CA 95403 BRANCH NAME ILAINTIFFJPETmONER Laurence and Christine Akiyoshi DEFENDANT/REspoNDENT. Hector Andrade; et al. OTHER PARENT/PARTY. APPELLANTS NOTICE DESIGNATING RECORD ON APPEAL SUPERIOR COURT CASE NUMBER (UNLIMITED CIVIL CASE) SCV-268120 RE: Appssi filed on (date). COURT OF APPEAL CASE NUMBER id knoeni 3/8/2024 A169996 Notice: Please read Information on Appeal Procedures for Unlimited Civil Cases (form APP001-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 [Q A clerk'stranscript 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) (Q I will pay the superior court clerk for this transcript myself when receive the clerk's estimate of the costs of this I transcript. understand that if do not pay for this transcript, it will not be prepared and provided to the Court of I 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) ~ 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 (form FW-001) io prepare and fi/e this application.) Request to Waive Court Fees b. ~ An appendix under rule 8.124. c. ~ The onginal superior court file under rule 8.128. (NOTE: Local rules in the Court of Appeal, First, Third, and Fourth Appe/late Districts, permit parties to stipulate (agree) to use the original superior court file instead of a clefk's transcript, you may select this option if your appeal is in one of these districts and ail the parties have stipulated to use the original superior court file instead of a clerk's transcriptin 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 elect to proceed (you must check a or b below): Q3 WITHOUT a record of the oral proceedings (what was said at the hearing or trial) in the superior court. understand that I 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. '. There was no court re P orter. Form Approved for Optional Uee J dioal Counol of California APP-003 IRev January I, 2019I ('Lng Essential eelafom „= FOITT1$ APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL (Unlimited Civil Case) Page 1 of 4 8121-8124 8128, 8130, 8134, 813TR APP-003 CASE NAME. SUPERIOR COURT CASE NUMBER: Laurence A)giyoshi v Hector Andrade et al SCV-268120 2. b. ~ WITH the following record of the oral proceedings in the superior court (youmustcheck(1), (2), or(3) below): (1) ~A reporter's transcript under rule 8 130 (You must fill out the reporter's lranscript section (item 5) on pages 3 and 4 of this form.) have (check all that apply): ~ I (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) (c) ~ ~~ Attached a copy of a Transcript Reimbursement Fund application filed 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)). all of the designated proceedings. ~~ (i) (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) ~ have attached an agreed statement to this notice. I (b) ~AII 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 ) understand that, within 40 days after file 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 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 have an order waiving fees and costs. I (c) ~ 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 ru/e 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 ~ 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 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 ta above indicating that you choose to use a clerk's lranscn'pt as the record of the documents filed in the supen'or 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 3/8/2024 (2) Notice designating record on appeal (this document) (3) Judgment or order appealed from 1/12/2024 (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) DESIGNATING RECORD ON APPEAL ( nLg' FBITIIS'PPELLANT'S NOTICE APP-003 IRey January Essential 1 2019I (Unlimited Civil Case) Page 2 of 4 ~M ',.-j APP-003 CASE NAME SUPERIOR COURT CASE NUEIBER: Laurence Akiyoshi v Hector Andrade et al SCV-268120 4. NOTICE DESIGNATING CLERK'S TRANSCRIPT b. Additional documents. (If you want any documents from the superior court proceedingin addition to the items listedin 4a. above to beincludedin the clerk's transcript, you mustidentify those documents here.) ~ Irequest that the clerk include in the transcript the following documents that were filed in the superior court proceeding. (You mustidentify each document you wantincluded 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) [See Attachment 4.h.] (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 ~ request that the clerk include in the transcript the following exhibits that were admitted in evidence, refused, or lodged I the superior court. (For each exhibit give the exhibit number such as Plaintiffs ¹1 or Defendant's A, and a brief 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 party, the partyin possession of the exhibit must deliverit to the superior court clerk within 10 days after service of this notice designatrng the record. (Rule 8.122(a)(3).)) Exhibit Number Description Admitted (Yes/No) (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 proceedings in the superior court. Please remember that you must pay for the cost of prepanng the reporter's transcn'pt. 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., II 271.) APP-003IRev January 1,20191 Page 3 of 4 Fomys'PPELLANT'S NOTICE ("cd'ssential DESIGNATING RECORD ON APPEAL (Unlimited Civil Case) =-, APP-003 CASE NAME. SUPERIOR COURT CASE NUMBER: Laurence Akiyoshi v Hector Andrade et al SCV-268120 5. b. Proceedings Irequest that the following proceedings in the superior court be included in the reporter's transcript (You mustidentify each proceedrng you wanl 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 I Full/Partial Day J Description ) Reporter's Name I Prev. prepared? J Q Yes QNO (2) QYes QNC (3) Q Yes QNO (4) Q Yes QNO ~ 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 checkeditem 2b(3) above indicating you choose to use a settled statement) request I that the following proceedings in the superior court be included in the settled statement. (You must identify each proceeding you wantincluded by its date, the departmentin which it took place, a descn'ption of the proceedings (for example, the examination ofjurors, motions before tnal, the taking of testimony, or the giving ofjury instructrons), the name of the court reporter who recorded the proceedings (if known), and whether a certified transcn'pt of the designated proceeding was previously prepared.) Date ]Department ) Full/Partial Day I Description ) Reporter's Name I Prev. prepared? ) (1) Q Yes QNO (2) QYes QNO (3) Q Yes QNO (4) GYBE QNO ~ 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. 3/29/2024 Stenhr n (". lYnnc rwa11 ( g3" 'ssential cabcom „-" lFOrmS'SIGNATURE APP-003 (Reu January I 2019) (TYPE OR PRINT NAME) APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL (Unlimited Civil Case) OF APPELLANT OR ATTORNEY) Page 4 of 4 Attachment 4.b. to Appellants'otice Designating Record on Appeal 2024 appeal (Laurence Akiyoshi, et al. v. Hector Andrade, et al.) (Sonoma County Superior Court Case Number SCV-268120) (Court of Appeal, First District, Div 5, Number A169996) Item ¹ Description Date filed Complaint 04/01/2021 Third Amended Complaint 6/20/23 10 Memorandum of PQA's in Opposition 07/20/2023 to Motion for Sanctions Declaration of Laurence F. Akiyoshi in 07/20/2023 Opposition to Motion for Sanctions 12 Declaration of Stephen Opperwall in 07/20/2023 opposition to motion for sanctions 13 Declaration of Laurence F. Akiyoshi in 07/20/2023 Opposition to Motion for Sanctions 14 Motion for Demurrer 07/24/2023 of Def's to Pltff's 3rd AC; Nemo of P6A; Dec of M.G. Miller 15 Nemo of PQA in Support 07/24/2023 Def's Demurrer to Pltff's 3rd AC 16 Dec of Michael G Miller ISO Mtn for 07/24/2023 Sanctions Part 3 17 Dec of Michael G Miller ISO Mtn. for 07/24/2023 Sanctions Part — 4 18 Dec of Michael G Miller ISO Ntn. for 07/24/2023 Sanctions Part 5 19 Dec of Michael G Miller ISO Mtn. for 07/24/2023 Sanctions Part 6 20 Dec of Michael G Miller ISO Motion for 07/24/2023 Sanctions Part — 8 21 Dec of Michael G Miller ISO Motion for 07/24/2023 Sanctions Part 9 Page 1 of 2 22 Dec. of M.G. Miller ISO Def's Demurrer 07/24/2023 to Pltff's 3rd AC 23 Notion 07/24/2023 for Sanctions Memo of PRA in Support 07/24/2023 for Sanctions 25 Declaration in Support 07/24/2023 Dec. of N.G. Miller Part 1 of 5 — 26 Declaration in Support 07/24/2023 Dec. of M.G. Miller Part 2 of 5 — 27 Dec of Michael G Miller ISO Notion for 07/25/2023 Sanctions Part 10 — 28 Dec of Michael G Miller ISO of Motion 07/25/2023 for Sanctions Part 11 — 29 Dec of Michael G Miller ISO of Motion 07/25/2023 for Sanctions Part 12 — 30 Dec of Michael G Miller ISO Motion for 07/25/2023 Sanctions Part 13 — 31 32 Reply Declaration 07/26/2023 ISO Def's Mtn for Sanctions 33 Request for Judicial Notice 07/26/2023 in Oppo to Mtn for Sanctions Opposition 11/30/2023 to MTS Portions of 3rd AC 35 Opposition 11/30/2023 to Demurrer to 3rd AC 36 Reply In Support Of Motion For Sanctions 12/06/2023 Against Defendants and Their Attorneys; Declaration of Stephen G. Opperwall appeal. Attachment 4.b. to Appellants'otice Designating Record on Appeal.2024.wpd Page 2 of 2 PROOF OF SERVICE BY E-NAIL of Civil Procedure Section 1010.6 Code California Rule of Court, Rule 2.251 (Laurence Akiyoshi, et al. v. Hector Andrade, et al.) (Sonoma County Superior Court Case Number SCV-268120) (Court of Appeal, First District, Div 5, Number A169996) I am a citizen of the United States, and a resident of the 5 County of Alameda, California, with a business address at 4900 Hopyard Road, Suite 100, Pleasanton, California 94588. I am over 6 the age of eighteen (18) years, and I am not a party to the within action. 7 On the below-mentioned date, I caused to be served, pursuant to 8 Code of Civil Procedure Section 1010.6 and California Rule of Court, Rule 2.251, the within-attached document(s) entitled: 9 10 Appellant's Notice Designating Record on Appeal (Unlimited Civil Case) 11 12 on interested parties/counsel of record in said action by causing a true and correct copy thereof, to be sent by e-mail to the known 13 confirmed e-mail address of the following: 14 Michael G. Hiller [for Jaime, Louis, Yolanda] 15 E-mail: miilereperrylaw.net 16 17 18 I declare under penalty of perjury that the foregoing is true and correct. 19 Executed at Pleasanton, California on April 4, 2024. 20 21 7'si 8(PP4 Q. OPP~ STEPHEN G. OPPERWALL 22 23 appeal.appellant's notice of DOR on appeal.2024.pos1.wpd 24 25 26 27 28 Proof of Service