On April 12, 2016 a
Appellate Materials
was filed
involving a dispute between
Hovannesian, Armenak,
Lamor Res, Inc.,
and
Hovannesian, Armenek,
Lamoreaux, Jason,
Lamor Res, Inc,
for Breach of Contract/Warranty
in the District Court of San Bernardino County.
Preview
13-Hu-ZBZ1 15:37 assistant Pope a Gentile dwm p.2
APP-003
Awmnsv 0R Marv wmour Anmv sum ewe mm 151247
m ”u“. MY
NAME DamelK Gentile,Esq
"R" “A”? Pope & Gennlc. APC
STREH ADDRESS 450 N Brand Blvd Smtc 6mr6WS
,
CW Glendale STNE CA ZP CODE 91203
T&LH‘OHC— NU 760 “x N0
E mu, ADDRESS
951 xxx) F Im R DRT
damelkgenule@popc1chnulc com
”WW HR Wm: LAMOR RES INC aha COLDWELL
BANKER COMMRCJM. CO NW5? S N SRNA D|N8
RAN Ho CUCAMONGA 0| TRI T
MWL
summon COURT or CALIFORNIA. coum‘v 0F SAN BERNARDINO
SWEET ADDRESS 247 West 'rhnd Sum MAR l 3 2024
""‘”r"‘*3 ADDRESS 247 West Thud Street
CW AND 7 ‘9 3009 San
chardmo, CA 924 5
l
BY "
(I
PLAINT'F‘PEWONER' IKA BC K. DEF
LAMOR RES, INC dba COLDWELL BAKER COMMERCLAJ.
DEFENDANTIRESDONDENT' ARMENAKHUVANNESIAN
OTHER PAQENT/PARTY
APPELLANTS NOTICE DESIGNATING RECORD ON APPEAL Stpgnm CW? “SE ”W35“
(UNLIMTED CIVIL CASE) UVDSIOI 1442
CO,R" OF APWQL (.Afi- N'JMHQ {b' RIM»)
REf Appeal med Or‘ (date; Fcbmm' 15 2024
boxqul
Notice: Please read Infomtlon 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 DOCUWNTS FILED IN THE SUPERIOR COURT
I choose lo use the followung method of providing the Court of Appeal with a record of the documents the superb!
filed in ooun
(check a, b, c, OI d, and fil! in 87y (equired information)
a.
E A clerks transcript under tde 8.122. (You mus! check
2 and 3 of this form.)
(1) OI {2) and fill out the clerk's transcript section (item 4) on pages
(1) DD Iwall pay the superior com clerk for (hes tramcnpt myseIf when receive the clerk's estimate oi the costs of thus
I
transcript. understand that it do not pay for this transcript, It will mt be prepared and prowded to the Court of
l
I
Appeal.
(2) E lrequest that the clerks transcript be provtded to me at no cost because cannot afford to
submitted the following document with this notice desigwating the record (check
(a) or (b))
pay this wst.I
| have
E
(a) An owdet granting a waiver of com fees and msts under rules 350-358, or
E
(b) An
(form
application for a warvel of court fees
FW-OO?) (o prepare and file lfv's
and costs under rdes 3 5C~3V58. (Use Requasl
applicator) )
(o Waive Cmrt Fees
b.
E An appendix under rule 8.124.
c,
D The crignal superb! court file under rule 8‘128. (NOTE rules in (he anl Cam
oprpeal, First, Third, and Fourth
Appellate Distncts. permit parties to stipulate (agree) to use the ongina/ supen'or ooun file Instead of a clerk's Vanscn'pt;
you may 59190! this optim If yaJr appeal is in ore of (bass dislmts and ali me padres have stipulated (o use the original
superior court file Instead of a clerk's transcript In this case. Attach a copy of this stapuiahon.)
d.
D An agreed statement undel ruie 8 134 (You must oompbte Item 2M2) below md attach to your agreedslatament
of all the documents tha: are rwuired to be Inclumd in the clerk's frameript, Thase documents are
iisted in rub 8
copies
134(6).)
2. RECORD OF ORAL PROCEEDINGS IN THE SUPERDR COURT
choose to proceed (you must check a or b below)
D
I
a. WITHOUT a record of the oral prooeedangs (what was said at the hearing or trial) in the superior court. understand
that I
without a record of the oral proceedngs in the superior court the Court of Appeal wall not be abIe to
confide: what was
said during those proceedings In decnding whether an error was made In the superior court proceedings
rung“
m Wmaru 0mm
J‘moal Cruml cf Cdn'unn
APPELLANT's Moms DESQGNATING RECORD 0N APPEAL Cu Pumcoun mas 50-
APP c-c': [Rev samm 1 2:31;] (Unllnited Civil Case)
8 121-2”: ‘74. 8 17:3
m
E: ‘33, 8 13‘ é ‘37
cams ca gov
13—Mar-2321 15:38 assistant Pope a Gentile #17682“ p.3
APP-003
CASE NAME: LAMOR RES, INC. vs HOVANBSSIAN ”m “W“ “'5 "'9';
CIVDS1 61 1442
2, b.
DE WITH the foliownrg record of the oral proceedngs in {he supenor mud (ynu mus? check OI (3} beiow)
m
(1), (2),
(1) A reporters transcript undel rule 5.130. (You mus! fill out me reporters transcript section (ilem 5) on pages 3 and4
of tins form have (check ma!
E ) I all apply).
(a) Deposited with the superior court clerk the approximate cost of preparing He transcript by including the deposit
with this notice as provvded m
E
(b) Attached a copy of a Transcript Reumbursemenl Fund application
rule 8‘13G(b)(1)
filed under ru|e 8 130(c)(1)
DD
(c) Attached the repotler’s written waiver of a deposfl under
ofthe designaed proceedings.
rule 8.130(b)(3)(A) f0! (check eilha (i) or (fin.
DD
(d)
(i)
(ii)
all
pan of Ihe desigwated proceedings,
Attached a cemfsed transcript mder rule 8.130(b)(3](C),
(2) DD
(a)
An agreed statement (Check and complete
have attached an agreed statement
etther (a) or (b)
to this notice.
bebw.)
E
I
(b) AH the have stipulated (agreed) in writing to try to agree on a statemer'l (You mus! attach a copy o.’ this
parties
stipulation !o tfus notice) understand that, within 40 days after file the notice of appeal.
I must file either the I i
agreed statement or a notice indicating me paflies were unable to agree on a statement and a new notice
designating the record on appeal.
(3) C] A settled statement untbl rule 8.137. (You mus! check (a), (b) 0! (c) below and fill out (he sett/aj statement
ssctbn (item 6) on page
(a)
(b)
a
E
The
The
oral
oral
proceedings
proceedings
4.)
in
:n
the supenm ooun were not
the superior court were reported by a
reponed by a court
com
reporter.
reporter, but | have an order waiving fees
and
(c) D l am
costs.
asking to use a settled statement
the motion required under rule B.
for reasons other than [hose
137(b) at the same time that you fife
listed in (a) 0c (b).
this form,
(You must serve and file
You may use form APP-025 lo
prepare the motion )
3. RECORD OF AN ADMINISTRATIVE PROCEEDING TO BE TRANSMTTED TO THE COURT OF APPEAL
D Irequest that the clerk transmn to the Court of Appeal under rule 8.123 the record of the following admnistrative proceeding
thatwas admitted into evsdence’ refused, or lodged in the superior court (give the tme and date or dares of the administrative
proceeding).
l
Title of Administrative Procuding Data or Dates
I I ]
4, NOTICE DESIGNATING CLRK'S TRANSCRIPT
{ You mus! complete this section if you checked Item 1a above indcating that you choose :o use a clerk's trmript as the record of
the dmuments flied in the superior court.)
a, Roquirod documnts. The clerk wilt auiomahcally include the followmg iterrs in the clerk's transcript, bu1 you mm! provide the
da1e each docuneni was filed, or that Is not available, the date Ihe documeri was signed
if
L Docu ment Titla and Description j I
Data of Filing I
(1) Notice 0f appeal om 5.9024
(2) Notice desngnating record on appeal (this document)
(3) Judgment or alder appealed from 01/03/2034
(4) Notice of entry oi judgment (if any) 01/09/2024
(5) Notice of intention to move for new trial or motion to vacate the judgment. 10! judgment
notwuthsianding the verdict. or for rewnsideration of an appealed order {if any)
Ruling on one 0! more of the items listed in (5)
(7) Regster of actions or docket (i! any) 031‘1 3/2024
“WW" 'R" “W ‘- ”‘9'
APPELLANTs MoncE DESIGNATING RECORD 0N APPEAL "om"
(Unlimited Civil Case)
Document Filed Date
March 13, 2024
Case Filing Date
April 12, 2016
Category
Breach of Contract/Warranty
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Preview
13-Hu-ZBZ1 15:37 assistant Pope a Gentile dwm p.2 APP-003 Awmnsv 0R Marv wmour Anmv sum ewe mm 151247 m ”u“. MY NAME DamelK Gentile,Esq "R" “A”? Pope & Gennlc. APC STREH ADDRESS 450 N Brand Blvd Smtc 6mr6WS , CW Glendale STNE CA ZP CODE 91203 T&LH‘OHC— NU 760 “x N0 E mu, ADDRESS 951 xxx) F Im R DRT damelkgenule@popc1chnulc com ”WW HR Wm: LAMOR RES INC aha COLDWELL BANKER COMMRCJM. CO NW5? S N SRNA D|N8 RAN Ho CUCAMONGA 0| TRI T MWL summon COURT or CALIFORNIA. coum‘v 0F SAN BERNARDINO SWEET ADDRESS 247 West 'rhnd Sum MAR l 3 2024 ""‘”r"‘*3 ADDRESS 247 West Thud Street CW AND 7 ‘9 3009 San chardmo, CA 924 5 l BY " (I PLAINT'F‘PEWONER' IKA BC K. DEF LAMOR RES, INC dba COLDWELL BAKER COMMERCLAJ. DEFENDANTIRESDONDENT' ARMENAKHUVANNESIAN OTHER PAQENT/PARTY APPELLANTS NOTICE DESIGNATING RECORD ON APPEAL Stpgnm CW? “SE ”W35“ (UNLIMTED CIVIL CASE) UVDSIOI 1442 CO,R" OF APWQL (.Afi- N'JMHQ {b' RIM») REf Appeal med Or‘ (date; Fcbmm' 15 2024 boxqul Notice: Please read Infomtlon 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 DOCUWNTS FILED IN THE SUPERIOR COURT I choose lo use the followung method of providing the Court of Appeal with a record of the documents the superb! filed in ooun (check a, b, c, OI d, and fil! in 87y (equired information) a. E A clerks transcript under tde 8.122. (You mus! check 2 and 3 of this form.) (1) OI {2) and fill out the clerk's transcript section (item 4) on pages (1) DD Iwall pay the superior com clerk for (hes tramcnpt myseIf when receive the clerk's estimate oi the costs of thus I transcript. understand that it do not pay for this transcript, It will mt be prepared and prowded to the Court of l I Appeal. (2) E lrequest that the clerks transcript be provtded to me at no cost because cannot afford to submitted the following document with this notice desigwating the record (check (a) or (b)) pay this wst.I | have E (a) An owdet granting a waiver of com fees and msts under rules 350-358, or E (b) An (form application for a warvel of court fees FW-OO?) (o prepare and file lfv's and costs under rdes 3 5C~3V58. (Use Requasl applicator) ) (o Waive Cmrt Fees b. E An appendix under rule 8.124. c, D The crignal superb! court file under rule 8‘128. (NOTE rules in (he anl Cam oprpeal, First, Third, and Fourth Appellate Distncts. permit parties to stipulate (agree) to use the ongina/ supen'or ooun file Instead of a clerk's Vanscn'pt; you may 59190! this optim If yaJr appeal is in ore of (bass dislmts and ali me padres have stipulated (o use the original superior court file Instead of a clerk's transcript In this case. Attach a copy of this stapuiahon.) d. D An agreed statement undel ruie 8 134 (You must oompbte Item 2M2) below md attach to your agreedslatament of all the documents tha: are rwuired to be Inclumd in the clerk's frameript, Thase documents are iisted in rub 8 copies 134(6).) 2. RECORD OF ORAL PROCEEDINGS IN THE SUPERDR COURT choose to proceed (you must check a or b below) D I a. WITHOUT a record of the oral prooeedangs (what was said at the hearing or trial) in the superior court. understand that I without a record of the oral proceedngs in the superior court the Court of Appeal wall not be abIe to confide: what was said during those proceedings In decnding whether an error was made In the superior court proceedings rung“ m Wmaru 0mm J‘moal Cruml cf Cdn'unn APPELLANT's Moms DESQGNATING RECORD 0N APPEAL Cu Pumcoun mas 50- APP c-c': [Rev samm 1 2:31;] (Unllnited Civil Case) 8 121-2”: ‘74. 8 17:3 m E: ‘33, 8 13‘ é ‘37 cams ca gov 13—Mar-2321 15:38 assistant Pope a Gentile #17682“ p.3 APP-003 CASE NAME: LAMOR RES, INC. vs HOVANBSSIAN ”m “W“ “'5 "'9'; CIVDS1 61 1442 2, b. DE WITH the foliownrg record of the oral proceedngs in {he supenor mud (ynu mus? check OI (3} beiow) m (1), (2), (1) A reporters transcript undel rule 5.130. (You mus! fill out me reporters transcript section (ilem 5) on pages 3 and4 of tins form have (check ma! E ) I all apply). (a) Deposited with the superior court clerk the approximate cost of preparing He transcript by including the deposit with this notice as provvded m E (b) Attached a copy of a Transcript Reumbursemenl Fund application rule 8‘13G(b)(1) filed under ru|e 8 130(c)(1) DD (c) Attached the repotler’s written waiver of a deposfl under ofthe designaed proceedings. rule 8.130(b)(3)(A) f0! (check eilha (i) or (fin. DD (d) (i) (ii) all pan of Ihe desigwated proceedings, Attached a cemfsed transcript mder rule 8.130(b)(3](C), (2) DD (a) An agreed statement (Check and complete have attached an agreed statement etther (a) or (b) to this notice. bebw.) E I (b) AH the have stipulated (agreed) in writing to try to agree on a statemer'l (You mus! attach a copy o.’ this parties stipulation !o tfus notice) understand that, within 40 days after file the notice of appeal. I must file either the I i agreed statement or a notice indicating me paflies were unable to agree on a statement and a new notice designating the record on appeal. (3) C] A settled statement untbl rule 8.137. (You mus! check (a), (b) 0! (c) below and fill out (he sett/aj statement ssctbn (item 6) on page (a) (b) a E The The oral oral proceedings proceedings 4.) in :n the supenm ooun were not the superior court were reported by a reponed by a court com reporter. reporter, but | have an order waiving fees and (c) D l am costs. asking to use a settled statement the motion required under rule B. for reasons other than [hose 137(b) at the same time that you fife listed in (a) 0c (b). this form, (You must serve and file You may use form APP-025 lo prepare the motion ) 3. RECORD OF AN ADMINISTRATIVE PROCEEDING TO BE TRANSMTTED TO THE COURT OF APPEAL D Irequest that the clerk transmn to the Court of Appeal under rule 8.123 the record of the following admnistrative proceeding thatwas admitted into evsdence’ refused, or lodged in the superior court (give the tme and date or dares of the administrative proceeding). l Title of Administrative Procuding Data or Dates I I ] 4, NOTICE DESIGNATING CLRK'S TRANSCRIPT { You mus! complete this section if you checked Item 1a above indcating that you choose :o use a clerk's trmript as the record of the dmuments flied in the superior court.) a, Roquirod documnts. The clerk wilt auiomahcally include the followmg iterrs in the clerk's transcript, bu1 you mm! provide the da1e each docuneni was filed, or that Is not available, the date Ihe documeri was signed if L Docu ment Titla and Description j I Data of Filing I (1) Notice 0f appeal om 5.9024 (2) Notice desngnating record on appeal (this document) (3) Judgment or alder appealed from 01/03/2034 (4) Notice of entry oi judgment (if any) 01/09/2024 (5) Notice of intention to move for new trial or motion to vacate the judgment. 10! judgment notwuthsianding the verdict. or for rewnsideration of an appealed order {if any) Ruling on one 0! more of the items listed in (5) (7) Regster of actions or docket (i! any) 031‘1 3/2024 “WW" 'R" “W ‘- ”‘9' APPELLANTs MoncE DESIGNATING RECORD 0N APPEAL "om" (Unlimited Civil Case)