No Value: Mary Elizabeth LeMasters vs. Paul Francis Deninger, et al

On July 12, 2019 a No Value was filed involving a dispute between Deninger, Paul Francis, Lemasters, Mary Elizabeth, and Deninger, Paul Francis, Does 1-10, for (06) Unlimited Breach of Contract/Warranty in the District Court of San Mateo County.

Preview
APP-003
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: FOR COURT USE ONLY

NAME: Sunena Sabharwal 148237
FIRM NAME: SABHARWAL LAW OFFICES
STREET ADDRESS: 1816 Fifth St.

CITY: Berkeley STATE: CA ZIP CODE: 94710

TELEPHONE NO.: (510)665-8777 FAX NO.: (510)665-8778

E-MAIL ADDRESS: sunenas@hotmail.com

ATTORNEY FOR (name): Mary Elizabeth LeMasters

SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo
STREET ADDRESS: 400 COUNTY CENTER

MAILING ADDRESS:

CITY AND ZIP CODE: REDWOOD CITY, CA 94063
BRANCH NAME:

PLAINTIFF/PETITIONER: Mary Elizabeth LeMasters
DEFENDANT/RESPONDENT: Paul Deninger, et al.
OTHER PARENT/PARTY:
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL SUPERIOR COURT CASE NUMBER:

(UNLIMITED CIVIL CASE) 19-CIV-03974
RE: Appeal filed on (date): COURT OF APPEAL CASE NUMBER (if known):

3-7-2024 A169952
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.
X 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)
X 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 elect 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 Cal. Rules of Court, rules 3.50,
Judicial Council of California APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL 8.121-8.124, 8.128, 8.130, 8.134, 8.137
APP-003 [Rev. January 1, 2019] www.courts.ca.gov
(Unlimited Civil Case)
Lemasters
APP-003
CASE NAME: SUPERIOR COURT CASE NUMBER:

LeMasters v. Deninger 19-CIV-03974
2. b. X WITH the following record of the oral proceedings in the superior 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
of this form.) I have (check all that apply):
(a)
X 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 3-7-2024
(2) Notice designating record on appeal (this document) 4-9-2024
(3) Judgment or order appealed from 12-14-2024
(4) Notice of entry of judgment (if any) 12-14-2024
(5) Notice of intention to move for new trial or motion to vacate the judgment, for judgment 12-29-2024
notwithstanding the verdict, or for reconsideration of an appealed order (if any)

(6) Ruling on one or more of the items listed in (5) 2-7-2024
(7) Register of actions or docket (if any) 7-19-19 to 2-7-24

APP-003 [Rev. January 1, 2019] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 2 of 4

(Unlimited Civil Case)
Lemasters
APP-003
CASE NAME: SUPERIOR COURT CASE NUMBER:

LeMasters v. Deninger 19-CIV-03974

4. NOTICE DESIGNATING CLERK'S TRANSCRIPT

b. Additional documents. (If you want any documents from the superior court proceeding in addition to the items listed in 4a.
above to be included in the clerk's transcript, you must identify those documents here.)

I request that the clerk include in the transcript the following documents that were filed in the superior court proceeding.
(You must identify each document you want included by its title and provide the date it was filed or, if that is not
available, the date the document was signed.)

Document Title and Description Date of Filing

(8) Complaint 7-19-2019

(9) Answer 11-20-2019

(10) First Amended Cross-Complaint 1-31-2020

(11) First Amended Complaint 8-7-2020

X 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
X I request that the clerk include in the transcript the following exhibits that were admitted in evidence, refused, or lodged in
the superior court. (For each exhibit, give the exhibit number, such as Plaintiff's #1 or Defendant's A, and a brief
description of the exhibit. Indicate whether or not the court admitted the exhibit into evidence. If the superior court has
returned a designated exhibit to a party, the party in possession of the exhibit must deliver it to the superior court clerk
within 10 days after service of this notice designating the record. (Rule 8.122(a)(3).))

Exhibit Number Description Admitted (Yes/No)

(1) 1 One-year anniversary poem YES

(2) 13 Tiffany & Co. receipt YES-limited

(3) 14 Danielli Fine Jewelry Receipt and Video of YES
Rings with Danielli
(4) 18 Handrwitten note on St. Regis, New YES
York Stationary

X See additional pages. (Check here if you need more space to list additional exhibits. List these exhibits on a separate
page or pages labeled "Attachment 4c," and start with number (5).)

5. NOTICE DESIGNATING REPORTER'S TRANSCRIPT
You must complete both a and b in this section if you checked item 2b(1) above indicating that you choose to use a reporter's
transcript as the record of the oral proceedings in the superior court. Please remember that you must pay for the cost of preparing
the reporter's transcript.

a. Format of the reporter's transcript

I request that the reporters provide (check one):
(1)
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., § 271.)

APP-003 [Rev. January 1, 2019] Page 3 of 4
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL
(Unlimited Civil Case)
Lemasters
APP-003
CASE NAME: SUPERIOR COURT CASE NUMBER:

LeMasters v. Deninger 19-CIV-03974
5. b. Proceedings
I request that the following proceedings in the superior court be included in the reporter's transcript. (You must identify each
proceeding you want included by its date, the department in which it took place, a description of the proceedings (for example,
the examination of jurors, motions before trial, the taking of testimony, or the giving of jury instructions), the name of the court
reporter who recorded the proceedings (if known), and whether a certified transcript of the designated proceeding was
previously prepared.)

Date Department Full/Partial Day Description Reporter's Name Prev. prepared?

(1) 8-16-2023 4 Full Trial Lucy
X Yes No
testimony Carrillo-Grubbs
(2) 8-17-2023 4 Full Trial Lucy
X Yes No
testimony Carrillo-Grubbs
(3) 8-18-2023 4 Full Trial Deborah Fuqua
X Yes No
testimony
(4) 9-28-24 4 Full Trial Lucy
X Yes No
testimony Carrillo-Grubbs
See additional pages. (Check here if you need more space to list additional proceedings. List these exhibits on a separate
page or pages labeled "Attachment 5b," and start with number (5).)

6. NOTICE DESIGNATING PROCEEDINGS TO BE INCLUDED IN SETTLED STATEMENT
(You must complete this section if you checked item 2b(3) above indicating you choose to use a settled statement.) I request
that the following proceedings in the superior court be included in the settled statement. (You must identify each proceeding you
want included by its date, the department in which it took place, a description of the proceedings (for example, the examination
of jurors, motions before trial, the taking of testimony, or the giving of jury instructions), the name of the court reporter who
recorded the proceedings (if known), and whether a certified transcript of the designated proceeding was previously prepared.)

Date Department Full/Partial Day Description Reporter's Name Prev. prepared?

(1) Yes No
(2) Yes No
(3) Yes No
(4) Yes No
See additional pages. (Check here if you need more space to list additional proceedings. List these proceedings on a
separate page or pages labeled "Attachment 6," and start with number (5).)

7. a. The proceedings designated in 5b or 6 X 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: 4-9-2024

Sunena Sabharwal
(TYPE OR PRINT NAME) (SIGNATURE OF APPELLANT OR ATTORNEY)

APP-003 [Rev. January 1, 2019] Page 4 of 4
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL
(Unlimited Civil Case)
Lemasters
Atachment 4 b) to APP-003

Date Filed

12. Minute Order, Mo�on for Summary Adjudica�on of Issues 11-22-2021
13. Request for Dismissal [of certain causes of ac�on] 10-24-2022
14. Mo�on in Limine No. 1 [Filed by defendant] 11-21-2022
15. Mo�on in Limine No. 2 [Filed by defendant] 11-21-2022
16. Mo�on in Limine No. 3 [Filed by defendant] 11-21-2022
17. Mo�on in Limine No. 4 [Filed by defendant] 11-21-2022
18. Mo�on in Limine No. 6 [Filed by defendant] 11-21-2022
19. Defendant’s opposi�on to Pe��oner’s mo�on in limine to exclude
Evidence on maters subject to protec�ve order and safe at home
Program [Filed by defendant] 11-21-2022
20. Defendant’s opposi�on to Pe��oner’s mo�on in limine to exclude
Commentary, argument, reference, sugges�on, evidence that
Plain�ﬀ can “get another rela�onship.” 11-21-2022
21. Plain�ﬀ’s mo�on in limine to exclude commentary, argument,
Reference, sugges�on, evidence that plain�ﬀ can “get another
Rela�onship.” 11-21-2022
22. Plain�ﬀ’s mo�on in limine to exclude commentary, argument,
Reference, sugges�on, evidence on maters subject to protec�ve
Order and safe at home program. 11-21-2022
23. Plain�ﬀ’s mo�on in limine to strike witness from defendant’s witness
List and to preclude defendant from referring to, arguing, atemp�ng to
Introduce evidence of, mi�ga�on of damages…. 11-21-2022
24. Declara�on of Sunena Sabharwal in support of plain�ﬀ’s mo�on in limine
To strike witness…. 11-21-2022
25. Plain�ﬀ’s opposi�on to mo�on in limine to exclude evidence of alleged
Sexual or amorous rela�ons 11-21-2022
26. Declara�on of Sunena Sabharwal in support of opposi�on to defendant’s
Mo�on in limine to exclude evidence of alleged sexual or amorous rela�ons 11-21-2022
27. Plain�ﬀ’s opposi�on to Defendant’s mo�on in limine to exclude evidence
Of variable contract standard 11-21-2022
28. Tenta�ve rulings on mo�ons in limine and other maters 12-07-2022
29. Minute Order—mo�on for summary judgment adjudica�on of issues
[Cross Complaint] 12-13-2022
30. CIV Minute Order –Pretrial Conference 12-19-2022
31. Plain�ﬀ’s waiver of jury trial 12-21-2022
32. Request for an oﬃcial court reporter… 01-03-2023
33. Amended joint proposed exhibit list for trial 08-15-2023
34. Orders on Plain�ﬀ’s and Defendant’s mo�ons in limine from pre-trial
Conference 08-16-2023
35. Minute Order—court trial Day 1 08-16-2023
36. Minute Order—court trial Day 2 08-17-2023
37. 08/17/2023-Retained Court reporter appointed
Lucy Carrillo-Grubbs CSR Number 6766 08-17-2023
38. Minute Order—court trial Day 3 08-18-2023
39. Appointment of Oﬃcial Court Reporter Pro Tempore—Deborah Fuqua 08-18-2023
40. Minute Order—court trial Day 4 09-28-2023
41. Exhibit List
42. Defendant/Cross-Complainant’s Proposed Statement of Decision 10-17-2023
43. Plain�ﬀ Mary Elizabeth LeMasters’ Proposed Statement of Decision
Containing Findings of Fact and Conclusions of Law 10-18-2023
44. Plain�ﬀ Mary Elizabeth LeMaster’s Opposi�on to Defendant’s
Proposed Statement of Decision 10-31-2023
45. Declara�on of Elizabeth LeMasters in support of objec�on to Defendant’s
Proposed Statement of Decision 10-31-2023
46. Defendant/Cross Complainant’s rebutal to plain�ﬀ/cross-defendant’s
Proposed Statement of Decision 10-31-2023
47. Defendant/Cross Complainant’s objec�ons to declara�on of Elizabeth
LeMasters in support of objec�ons to defendant’s proposed statement
Of decision and mo�on to strike thereon 11-01-2023
48. Declara�on of Randy Rabidoux in support of defendant/cross-
Complainant’s objec�ons to plain�ﬀ’s declara�on 11-01-2023
49. Tenta�ve Decision and Proposed Statement of Decision 11-02-2023
50. Plain�ﬀ Mary Elizabeth Lemasters’ objec�on to tenta�ve statement of
Decision 11-17-2023
51. Statement of Decision 11-30-2023
52. Declara�on of Elizabeth LeMasters in support of mo�on for new trial 01-08-2024
53. Plain�ﬀ Mary Elizabeth LeMasters’ No�ce of Mo�on and Mo�on for
New Trial 01-08-2024
54. Errata to Declara�on of Elizabeth LeMasters in support of mo�on for
New trial 01-09-2024
55. Declara�on of Sunena Sabharwal in support of mo�on for new trial 01-09-2024
56. Memorandum of Points and Authori�es in support of mo�on for new trial 01-10-2024
57. Declara�on of Randy Rabidoux in opposi�on to Plain�ﬀ’s mo�on for new
Trial 01-18-2024
58. Atachment to Exhibit 2 to Declara�on of Randy Rabidoux in opposi�on to
Plain�ﬀ’s mo�on for new trial (lodge not ﬁle) 01-18-2024
59. Defendant’s memorandum of points and authori�es in opposi�on to
Plain�ﬀ’s mo�on for new trial 01-18-2024
60. Defendant/cross-complainant’s objec�ons to 1) declara�on of Elizabeth
LeMasters; 2) Errata to Declara�on of Elizabeth LeMasters; 3) Declara�on
of Sunena Sabharwal; and 4) Plain�ﬀ’s memorandum of points and
authori�es in support of mo�on for new trial, and mo�on to strike
thereon 01-18-2024
61. Minute Order—Mo�on for a new trial 02-06-2024
62. Order denying mo�on for new trial 02-07-2024
Atachment 4c to App-003

ADMITTED YES/NO

5. EXHIBIT 22: Email string with Paul Deninger and Crown Realty YES
6. EXHIBIT 26: Email from Paul Deninger to Elizabeth LeMasters regarding ﬁnances YES
7. EXHIBIT 27: Photo of Paul Deninger business card YES
8. EXHIBIT 32: Email string with Paul Deninger and Mathew Brennan YES
9. EXHIBIT 40: Email string with Paul Deninger and Shou Zhang re Woodside YES, limited
10. EXHIBIT 54: Bank of America subpoena produc�on YES
11. EXHIBIT 60: Elizabeth LeMaster’s paystubs from Jeﬀries YES
12. EXHIBIT 65: Elizabeth LeMasters 2009 W-2 YES
13. EXHIBIT 69: Email between Paul Deninger and Elizabeth LeMasters RE: healing YES
14. EXHIBIT 70: Text Messages with Paul Deninger YES
15. EXHIBIT 71: Text Messages with Paul Deninger YES
16. EXHIBIT 74: Sally White accoun�ng YES
17. EXHIBIT 75: Sally White founda�onal ﬁles in binder YES
18. EXHIBIT 76: Analysis/Report of James Mills YES
19. EXHIBIT 78: Thumbdrive with Sally White’s founda�onal ﬁles YES
20. EXHIBIT 79: Wells Fargo document dated 9/11/2023 NO
21. EXHIBIT 101: Exhibit 101 LeMasters’ Music Album YES
22. EXHIBIT 102: Photos of music video produc�on YES
23. EXHIBIT 103: Catharsis IX on YouTube YES, limited
24. EXHIBIT 104: Elizabeth LeMasters W-2 YES
25. EXHIBIT 105: Danielli Fine Jewelry Receipt YES
26. EXHIBIT 108: Email between Paul Deninger and Elizabeth LeMasters YES
27. EXHIBIT 109: Email between Elizabeth LeMasters and Paul Deninger
regarding insurance YES
28. EXHIBIT 111: Email from Paul Deninger to Elizabeth LeMasters YES
29. EXHIBIT 112: Barclay Mastercard statement YES
30. EXHIBIT 115: Exhibit 4 to Elizabeth LeMaster’s 9-24-20 deposi�on YES
31. EXHIBIT 117: Wells Fargo Account YES
32. EXHIBIT 119: 11/4/2022 notes made by Sally White YES
33. EXHIBIT 120: 11/9/2022 notes made by Sally White YES
34. EXHIBIT 121: Plain�ﬀ’s First Amended Complaint ﬁled 8-18-2023 YES
35. EXHIBIT 122: Daniel Safdi Deposi�on Transcript YES
36. EXHIBIT 122A: Thumbdrive with Daniel Safdi Video Deposi�on YES

Case Info

Judge

Fineman, Nancy L. Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

April 10, 2024

Case Filing Date

July 12, 2019

County

Parties

Deninger, Paul Francis Cross Complainant
Deninger, Paul Francis Defendant
Does 1-10 Cross Defendant
Does 1-10 Defendant
Goldstein, Cary W. Participant (participant)
GOLDSTEIN, CARY W Attorney
HOOVER, JAMES J. Attorneys for Defendants
HOOVER, JAMES J. Attorney for the Defendant
LeMasters, Mary Elizabeth Cross Defendant
LeMasters, Mary Elizabeth Plaintiff
RABIDOUX, RANDALL F. Attorneys for Defendants
RABIDOUX, RANDALL F. Attorney for the Defendant
SABHARWAL, SUNENA Attorney
SABHARWAL, SUNENA Attorney for the Plaintiff
Alexander Jones Attorneys for Defendants
Karlina Paredes Attorneys for Defendants
Debra Schoenberg Attorneys for Plaintiffs
Paul DeMeester Attorney
Sadie Clement Attorney
Mary Lees
Ronald Schoenberg Attorneys for Defendants
Monica Nemec Attorney
Meghan Herning Attorneys for Defendants
Michelle Tidalgo Attorney
Madeline Warren Attorney
Matthew Brennan Attorney
Debra Recknor Attorneys for Defendants

For full print and download access, please subscribe at https://www.trellis.law/.

No Value: Mary Elizabeth LeMasters vs. Paul Francis Deninger, et al

Preview

Related Topics

Case Info

Parties