Designation Appellant

Cal. Super. - 6th Dist.March 24, 2021

Electronically Filed by Superior Court of CA, County of Santa Clara, on 10/22/2021 3:37 PM Reviewed By: C. Lucero Case #21CV381110 Envelope: 7522892 21CV381110 Santa Clara - Civil C. LuceroAPP-003 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER; 64997 umaMichael G. Ackerman FORmm“ON" FIRM NAME:Law Offices of Michael G. Ackerman STREETADDRESS: 2391 The Alameda, Suite 100 CITY: Santa Clara ' STATECA ZIP cooa;95050 TELEPHONE No.: (408) 261 -5800 Fax no; (403) 261 -5900 E.MmAnoRess:mga@mgackermanlaw.com ANORNEV Foa (name): Panida Chinsupakul SUPERIOR COURT OF CALIFORNIA, COUNTY OF Sal'Ita Clara STREETADDRESS: 191 N. 1st St. MAILING ADDRESS: cn'v AND ZIP cooE: San Jose 951 1 3 amen NAME: Downtown Superior Court (DTS) PLAINTIFFIPETITIONER: Anne Ting; Jack Ting; Nicole Ting-Yap DEFENDANTIRESPONDENT: Panida Chinsupakul OTHER PARENTIPARTY: Jack Ting APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL SUPER”mummwmm (UNLIMITED CIVIL CASE) 21 CV381 1 10 ‘ coum‘ 0F APPEAL CASE NUMBER atknovm): RE: Appeal filed on (date): OCtObel’ 12. 2021 Notice: Please read Information on Appeal Procedures for Unlimited Civil Cases (form APP-001 -INFO) before completing this fom. This form must be filed in the superior court, not in the Court of Appeal. 11. RECORD OF THE DOCUMENTS FILED IN THE SUPERIOR COURT ' l-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. m 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) m | will pay the superior court clerk for this transcript myself when l receive the clerk's estimate of the costs of this transcript. I understand that ifl do not pay for this transcript. it will not be prepared and provided to the Court of Appeal. (2) E | request that the clerk's transcript be provided to me at no cost because l cannot afford to pay this cost. l have submitted the following document with this notice designating the record (check (a) or (b)): (a) E An order granting a waiver of court fees and costs under rules 3.50-3.58; or ‘ (b) D An application for a waiver of court fees and costs under rules 3.50-3.58. (Use Request to Waive Court Fees i (form FW-OOI) to prepare and file this application.) b. E An appendix under rule 8.124. c. E The original superior court file under rule 8.128. (NOTE: Local rules in the Court oprpeaI, First, Third. and Founh Appellate Districts, permit parties to stipulate (agree) to use the original superior court file instead ofa clerk's transcript; you may select this option ifyour 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. E An agreed statement under rule 8.1 34. (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 l choose to proceed (you must check a or b below): a. E WITHOUT a record of the oral proceedings (what was said at the hearing or tn'al) in the superior court. l 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. P3991 oi 4 figmg Z'gggx'ause APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL mumfiigfg‘gfgflfgfig APP-ooalkev.January1.2o19) (Unlimited Civil Case) www.coummgov APP-003 CASE NAME: SUPERIOR COURT CASE NUMBER: Panida Chinsupakul v. Anne Ting, Jack Ting and Nicole Ting-Yap 21 CV381 1 10 2. b. E] WITH the following record of the oral proceedings in the superior court (you must check (1), (2), or (3) below): (1) E A reporter's transcript under rule 8.1 30. (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)E 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) D Attached a copy of a Transcript Reimbursement Fund application filed under rule 8.130(c)(1). (c) E Attached the reporter's written waiver of a deposit under rule 8.1 30(b)(3)(A) for (check either (i) or (i0): (i) D all ofthe designated proceedings. (ii) E part of the designated proceedings. (d)m Attached a certified transcript under rule 8.130(b)(3)(C). (2) E An agreed statement. (Check and complete either (a) or (b) below.) (a) D I have attached an agreed statement to this notice. (b) E All the parties have stipulated (agreed) in writing to try to agree on a statement. (You mustattach 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) E 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)E The oral proceedings in the superior court were not reported by a court reporter. (b)E The oral proceedings in the superior court were reported by a court reporter, but I have an order waiving fees and costs. (c) D | am asking to use a settled statement for reasons other than those listed in (a) or (b). (You mustsen/e and file the motion required under rule 8.137(b) at the same time thatyou 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 APPEALE 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 I | Date or Dates | . NOTICE DESIGNATING CLERK’S TRANSCRIPT (You must complete this section ifyou 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. | Ddcument Title and Description | | Date of Filing I (1) Notice of appeal 10/1 2/21 (2) Notice designating record on appeal (this document) 10/22/21 (3) Judgment or order appealed from 09/1 4/21 (4) Notice of entry of judgment (if any) N/A (5) Notice of intention to move for new trial or motion to vacate the judgment. forjudgment N/A notwithstanding the verdict, or for reconsideration of an appealed order (if any) (6) Ruling on one or more of the items listed in (5) N/A (7) Register of actions or docket (if any) N/A ”PmalRWJanumW-m‘g] APPELLANT'S NOTICE DESIGNATING RECORD 0N APPEAL "“9”“ (Unlimited Civil Case) APP-OO3 CASE NAME: Panida Chinsupakul v. Anne Ting, Jack Ting and Nicole Ting-Yap SUPERIOR count CASE NUMBER: 21 CV381 1 1 0 4. NOTICE DESIGNATING CLERK'S TRANSCRIPT b. Additional documents. (lfyou 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 identity those documents here.) m l request that the clerk include in the transcript the following documents that were filed in the superior court proceeding. (You must identify each documentyou 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 I (3) Complaint 03/24/21 (9) Application: Ex Parte for OSC/TRO re: Preliminary Injunction 05/20/21 (10) Memorandum: Points & Authorities in Support of Ex Parte Applic. for OSC 05/20/21 (1 1) Declaration of Anne Ting in Support of Ex Parte Application 05/20/21 E See additional pages. (Check here ifyou 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 D 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 (1) N/A (2) (3) (4) | | Admitted (YesINo) | E See additional pages. (Check here ifyou need more space to list additional exhibits. List these exhibits on a separate page orpages labeled "Attachment 4c, “ and start with number (5).) 5. NOTICE DESIGNATING REPORTER'S TRANSCRIPT You must complete both a and b in this section ifyou checked item 2b(1) above indicating thatyou choose to use a reporter's transcript as the record of the oral proceedings in the superior court. Please remember thatyou 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) E My copy of the reporter's transcript in electronic format. (2) E My copy of the reporter's transcript in paper format. (3) E My copy of the reporter's transcript in electronic format and a second copy in paper format. (Code Civ. Proc., § 271.) APP'O"3[R°"'Ja""a'V"2°‘91 APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL (Unlimited Civil Case) Page 3 of 4 APP-003 CASE NAME: SUPERIOR COURY CASE NUMBER: Panida Chinsupakul v. Anne Ting, Jack Ting and Nicole Ting-Yap 21 CV381 1 1 0 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 depanment in 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|FulllPartial Day] Description | Reporter's Name I Prev. prepared? I (1)7/1 5/21 12 Partial Transcript of hearing Noelia Espinola a Yes D No (2)9/9/21 12 Partial Transcript of hearing Alexander T. Joko a Yes D No (3) D Yes D No (4) D Yes D No E See additional pages. (Check here ifyou 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 ifyou 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 departmen! in which it rook 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.) L Date |Department|FulllPartialDay| Description I Reporter's Name | Prev.prepared? I (1) D Yes D No (2) D Yes D No (3) D Yes D No (4) D Yes D No E See additional pages. (Check here ifyou 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 E 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 oprpeal permits othen/vise,) Points are set forth; E Below E On a separate page labeled "Attachment 7." / Date: 5 7/ 22 j&}/ /fl / r /r/ V’-Michael G. Ackerman (TYPE OR PRINT NAME) / / (SIGNATUREOF APPELLANT OR ATTORNEY)”PWWWWW 1-2019] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL "9"“ (Unlimited Civil Case) ATTACHMENT 4B Document Title and Description Date of Filing 12 Declaration of Jack Ting In Support Of Ex Parte 5/20/2021 13 Declaration of Nicole Ting-Yap In Support OfEx Parte 5/20/2021 14 Declaration of Skye Langs In Support Of Ex Parte 5/20/2021 15 Declaration ofWong Siew Ing In Support OfEx Parte 5/20/2021 16 Declaration of Julian Ting In Support Of Ex Parte 5/20/2021 17 Proof of Service Electronic In Support Of Ex Parte 5/20/2021 18 Def., Panida Chinsupakul’s Memo. In Oppos. to Ex Parte 5/19/2021 19 Def., Panida Chinsupakul’s Decl. In Oppos. to Ex Parte 5/19/2021 20 Def., Panida Chinsupakul’s Proof of Service 5/19/2021 21 Plaintiffs’ Reply In Support ofEx Parte 5/20/2021 22 Def., Panida Chinsupakul’s Response to Ex Parte 5/20/2021 23 Court’s Minute Order 7/1 5/2021 24 Court’s Minute Order Continuing Hearing 8/26/2021 25 Court’s Order re: Preliminary Injunction 8/14/2021 26 Notice of Entry of Order 9/1 5/2021 27 Undertaking of Bond 9/2 1/2021 POS-OSOIEFS-OSO ATTORNEV 0R PARTY WITHOUT ATTORNEY: STATE BAR No: 64997 pan counr uss oNLv NAME; Michael G. Ackerman FIRM NAME; Law Offices of Michael G. Ackerman STREET ADDRESS: 2391 The Alameda, Suite 100 CITY: Santa Clara STATE: CA ZIP cone: 95050 TELEPHONE no.2 (408) 261 -5800 FAX No.: (408) 261 -5900 EMAIL ADDRESS: mga@mgackermanlaw.com ATTORNEY FOR (name): Panida Chinsupakul SUPERIOR COURT OF CALIFORNIA. COUNTY OF Santa Clara STREET ADDRESSJ 91 N. 1 st St. MAILING ADDRESS: CITY AND ZIP CODE:San Jose 951 1 3 BRANCH NAME: Downtown Superior Court (DTS) cAse NUMBER: V381 1 1 0 PLAlNTlFFlPETITIONERiAnne Ting; Jack Ting; Nicole Ting-Yap 21 C FEN Z . . JUDICIAL OFFlCER:DE DANT/RESPONDENT Pan'da Chmsupaku' Hon. Nahal Iravani-Sani PROOF 0F ELECTRONIC SERVICE ??"R‘MENT: 1. | am at least 18 years old. a. My residence or business address is (specify): 2391 The Alameda, Suite 100 Santa Clara, CA 95050 b. My electronic service address is (specify): sls@mgackermanlaw.com lelectronically served the following documents (exact titles): Appellant's Notice of Designating Record On Appeal (Unlimited Civil Case) .. .2”. E The documents served are listed in an attachment. (Form POS-050(D)/EFS-050(D) may be used for (his purpose.) 3. I electronically served the documents listed in 2 as follows: a. Name of person served: Scott C. Hall - Coblentz Patch Duffy & Bass, LLP On behalf of (name or names ofparties represented, ifperson served is an attomey): Plaintiffs, Anne Ting, Jack Ting, and Nicole Ting-Yap b. Electronic service address of person served : ef-sch@cpdb.com c. On (date): 10/22/21 E The documents listed in item 2 were served electronically on the persons and in the manner described in an attachment. (Form POS-050(P)/EFS-050(P) may be used for this purpose.) xo /29AM, | declare under penalty of perjury under the laws of the State of California that the foregoi Cami J. Smurphat } (“ I ‘ MW (TYPE 0R PRINT NAME OF DECLARANT) V/ GN ) Page1 0H Form Approved lot Optional Use PROOF 0F ELECTRONIC SERVICE Cal. Rules of Coon. rule 2.251 Judicial Council o! California . . . www.courfs.ca.gov posoMFsosolnw.Febmaq 1.20m (Proof of ServucelElectromc Filing and Service)