Stanislaus — Civil appeals packet limited

Source: https://www.stanislaus.courts.ca.gov/system/files/civil-appeals-packet-limited.pdf

Sparse pages use OCR; original PDF remains authoritative.

PN) -Selihe|\im@8 Information on Appeal Procedures for Limited Civil Cases GENERAL INFORMATION What does this information sheet cover? This information sheet tells you about appeals in limited civil cases. These are civil cases in which the amount of money claimed is $25,000 or less. If you are the party who is appealing (asking for the trial court’s decision to be reviewed), you are called the APPELLANT, and you should read Information for the Appellant, starting on page 2. If you received notice that another party in your case is appealing, you are called the RESPONDENT and you should read Information for the Respondent, starting on page 11. This information sheet does not cover everything you may need to know about appeals in limited civil cases. It is meant only to give you a general idea of the appeal process. To learn more, you should read rules 8.800— 8.843 and 8.880-8.891 of the California Rules of Court, which set out the procedures for limited civil appeals. You can get these rules at any courthouse or county law library or online at www.courts.ca.gov/rules. @) What is an appeal? An appeal is a request to a higher court to review a decision made by a judge or jury in a lower court. In a limited civil case, the court hearing the appeal is the appellate division of the superior court and the lower court—called the “trial court” in this information sheet—is the superior court. It is important to understand that an appeal is NOT a new trial. The appellate division will not consider new evidence, such as the testimony of new witnesses or new exhibits. The appellate division's job is to review a record of what happened in the trial court and the trial court’s decision to see if certain kinds of legal errors were made: For information about appeal procedures in other kinds of cases, see: ¢ Information on Appeal Procedures for Unlimited Civil Cases (form APP-001) ¢ = Information on Appeal Procedures for Infractions (form CR-141-INFO) e Information on Appeal Procedures for Misdemeanors (form CR-131-INFO) You can get these forms at any courthouse or county law library or online at www.courts.ca.gov/forms. ¢ Prejudicial error: The appellant (the party who is appealing) may ask the appellate division to determine if an error was made about either the law or court procedures in the case that caused substantial harm to the appellant (this is called “prejudicial error’). Prejudicial error can include things like errors made by the judge about the law, errors or misconduct by the lawyers, incorrect instructions given to the jury, and misconduct by the jury that harmed the appellant. When it conducts its review, the appellate division presumes that the judgment, order, or other decision being appealed is correct. It is the responsibility of the appellant to show the appellate division that an error was made and that the error was harmful. ¢ No substantial evidence: The appellant may also ask the appellate division to determine if there was substantial evidence supporting the judgment. order, or other decision being appealed. When it conducts its review, the appellate division only looks to see if there was evidence that reasonably supports the decision. The appellate division generally will not reconsider the jury’s or trial court’s conclusion about which side had more or stronger evidence or whether witnesses were telling the truth or lying. The appellate division generally will not overturn the judgment, order, or other decision being appealed unless the record clearly shows that one of these legal errors was made. Judicial Council of California. www.courts.ca gov Revised January 1, 2021. Optionat Form Code of Civil Procedure, §§ 85-88 Cal. Rules of Court, rules 8.800-8.843, 8 800-8.891 Information on Appeal Procedures for Limited Civil Cases > APP-101-INFO, Page 1 of 15

PN) -Seike|\ia@8 Information on Appeal Procedures for Limited Civil Cases @) Do I need a lawyer to represent me in an appeal? You do not have to have a lawyer; if you are an individual (rather than a corporation, for example), you are allowed to represent yourself in an appeal ina limited civil case. But appeals can be complicated and you will have to follow the same rules that lawyers have to follow. If you have any questions about the appeal procedures, you should talk to a lawyer. If you decide not to use a lawyer, you must put your address, telephone number, fax number (if available), and e-mail address (if available) on the first page of every document you file with the court and let the court know if this contact information changes so that the court can contact you if needed. Where can | find a lawyer to help me with my appeal? You have to hire your own attorney if you want one. You can get information about finding an attorney on the California Courts Online Self-Help Center at www.courts.ca. gov/selfhelp-lowcosthelp.him in the Getting Started section. INFORMATION FOR THE APPELLANT This part of the information sheet is written for the appellant—the party who is appealing the trial court’s decision. It explains some of the rules and procedures relating to appealing a decision in a limited civil case. The information may also be helpful to the respondent. Additional information for respondents can be found starting on page 11 of this information sheet. G) Who can appeal? Only a party in the trial court case can appeal a decision in that case. You may not appeal on behalf of a friend. a spouse, a child, or another relative unless you are a legally appointed representative of that person (such as the person’s guardian or conservator). ©) Can | appeal any decision the trial court made? No. Generally, you can only appeal the final judgment— the decision at the end that decides the whole case. Other rulings made by the trial court before the final judgment generally cannot be separately appealed but can be reviewed only later as part of an appeal of the final judgment. There are a few exceptions to this general rule. Code of Civil Procedure section 904.2 lists a few types of orders in a limited civil case that can be appealed right away. These include orders that: e Change or refuse to change the place of trial (venue) ¢ Grant a motion to quash service of summons or grant a motion to stay or dismiss the action on the ground of inconvenient forum e Grant a new trial or deny a motion for judgment notwithstanding the verdict e Discharge or refuse to discharge an attachment or grant a right to attach e Grant or dissolve an injunction or refuse to grant or dissolve an injunction e Appoint a receiver e Are made after final judgment in the case (You can get a copy of Code of Civil Procedure section 904.2 at hitp://leginfo.legislature.ca. gov/faces /codes.xhtml.) @) How do | start my appeal? First, you must serve and file a notice of appeal. The notice of appeal tells the other party or parties in the case and the trial court that you are appealing the trial court’s decision. You may use Notice of Appeal/Cross-Appeal (Limited Civil Case) (form APP-102) to prepare a notice of appeal in a limited civil case. You can get form APP-102 at any courthouse or county law library or online at www.courts.ca.gov/forms. How do | “serve and file” the notice of appeal? “Serve and file” means that you must: e Have somebody over 18 years old mail, deliver. or electronically send (“serve”) the notice of appeal to the other party or parties in the way required by law. If the notice of appeal is mailed or personally Revised January 1, 2021 Information on Appeal Procedures APP-101-INFO, Page 2 of 15 for Limited Civil Cases

APP 1-INFO Information on Appeal Procedures for Limited Civil Cases delivered, it must be by someone who is not a party to the case—so not you. e Make a record that the notice of appeal has been served. This record is called a “proof of service.” Proof of Service (Appellate Division) (form APP- 109) or Proof of Electronic Service (Appellate Division) (form APP-109E) can be used to make this record. The proof of service must show who served the notice of appeal, who was served with the notice of appeal, how the notice of appeal was served (by mail, in person, or electronically), and the date the notice of appeal was served. ¢ Bring or mail the original notice of appeal and the proof of service to the trial court that issued the judgment, order, or other decision you are appealing. You should make a copy of the notice of appeal you are planning to file for your own records before you file it with the court. It is a good idea to bring or mail an extra copy of the notice of appeal to the clerk when you file your original and ask the clerk to stamp this copy to show that the original has been filed. You can get more information about how to serve court papers and proof of service from What Is Proof of Service? (form APP-109-INFO) and on the California Courts Online Self-Help Center at www.courts.ca.gov/selfhelp-serving. htm. Is there a deadline to file my notice of appeal? Yes. Ina limited civil case, except in the very limited circumstances listed in rule 8.823, you must file your notice of appeal within 30 days after the trial court clerk or a party serves either a document called a “Notice of Entry” of the trial court judgment or a file-stamped copy of the judgment or within 90 days after entry of the judgment, whichever is earlier. This deadline for filing the notice of appeal cannot be extended. If your notice of appeal is late, the appellate division will not be able to consider your appeal. Do | have to pay to file an appeal? Yes. Unless the court waives this fee, you must pay a fee for filing your notice of appeal. You can ask the clerk of the court where you are filing the notice of appeal what the fee is or look up the fee for an appeal in a limited civil case in the current Statewide Civil Fee Schedule linked at www.courts.ca.gov/7646.htm (note that the “Appeal and Writ Related Fees” section is near the end of this schedule and that there are different fees for limited civil cases depending on the amount demanded in the case). If you cannot afford to pay the fee, you can ask the court to waive it. To do this, you must fill out and file a Request to Waive Court Fees (form F W-001). You can get form FW-001 at any courthouse or county law library or online at www.courts.ca.gov/forms. You can file this application either before you file your notice of appeal or with your notice of appeal. The court will review this application to determine if you are eligible for a fee waiver. (41) If | file a notice of appeal, do | still have to do what the trial court ordered me to do? Filing a notice of appeal does NOT automatically postpone most judgments or orders, such as those requiring you to pay another party money or to deliver property to another party (see Code of Civil Procedure sections 917.1-917.9 and 1176; you can get a copy of these laws at www.leginfo. legislature.ca. gov/faces /codes.xhtml). These kinds of judgments or orders will be postponed, or “stayed,” only if you request a stay and the court grants your request. In most cases. other than unlawful detainer cases in which the trial court’s judgment gives a party possession of the property. if the trial court denies your request for a stay, you can apply to the appellate division for a stay. If you do not get a stay and you do not do what the trial court ordered you to do, court proceedings to collect the money or otherwise enforce the judgment or order may be started against you. @2) What do | need to do after | file my notice of appeal? You must ask the clerk of the trial court to prepare and send the official record of what happened in the trial court in your case to the appellate division. Since the appellate division judges were not there to see what happened in the trial court. an official record of what happened must be prepared and sent to the Revised January 1. 2021 Information on Appeal Procedures APP-101-INFO, Page 3 of 15 for Limited Civil Cases >

PN>J-Se ike ia@8 Information on Appeal Procedures for Limited Civil Cases appellate division for its review. You can use Appellant’s Notice Designating Record on Appeal (Limited Civil Case) (form APP-103) to ask the trial court to prepare this record. You can get form APP-103 at any courthouse or county law library or online at www.courts.ca. gov/forms. You must serve and file this notice designating the record on appeal within 10 days after you file your notice of appeal. “Serving and filing” this notice means that you must: ¢ Have somebody over 18 years old mail, deliver, or electronically send (“serve”) the notice to the other party or parties in the way required by law. If the notice is mailed or personally delivered, it must be by someone who is not a party to the case—so not you. ¢ Make a record that the notice has been served. This record is called a “proof of service.” Proof of Service (Appellate Division) (form APP-109) or Proof of Electronic Service (Appellate Division) (form APP- 109E) can be used to make this record. The proof of service must show who served the notice, who was served with the notice, how the notice was served (by mail, in person, or electronically), and the date the notice was served. ¢ Bring or mail the original notice and the proof of service to the trial court that issued the judgment, order, or other decision you are appealing. You should make a copy of the notice you are planning to file for your own records before you file it with the court. It is a good idea to bring or mail an extra copy of the notice to the clerk when you file your original and ask the clerk to stamp this copy to show that the original has been filed. You can get more information about how to serve court papers and proof of service from What Is Proof of Service? (form APP-109-INFO) and on the California Courts Online Self-Help Center at www.courts.ca. gov /selfhelp-serving.him. What is the official record of the trial court proceedings? There are three parts of the official record: e¢ A record of what was said in the trial court (this is called the “oral proceedings”) e« Arecord of the documents filed in the trial court (other than exhibits) e Exhibits that were admitted in evidence, refused, or lodged (temporarily placed with the court) in the trial court Read below for more information about these parts of the record. a. Record of what was said in the trial court (the “oral proceedings”) The first part of the official record of the trial court proceedings is a record of what was said in the trial court (this is called a record of the “oral proceedings”). You do not have to send the appellate division a record of the oral proceedings. But if you want to raise any issue in your appeal that would require the appellate division to consider what was said in the trial court, the appellate division will need a record of those oral proceedings. For example, if you are claiming that there was not evidence supporting the judgment, order, or other decision you are appealing, the appellate division will need a record of the oral proceedings. You are responsible for deciding how the record of the oral proceedings will be provided and, depending on what option you select and your circumstances, you may also be responsible for paying for preparing this record or for preparing an initial draft of the record. If you do not take care of these responsibilities, a record of the oral proceedings in the trial court will not be prepared and sent to the appellate division. If the appellate division does not receive this record, it will not be able to review any issues that are based on what was said in the trial court and it may dismiss your appeal. Ina limited civil case, you can use Appellant's Notice Designating Record on Appeal (Limited Civil Case) (form APP-103) to tell the court whether you want a record of the oral proceedings and. if so. the form of the record that you want to use. You can get form APP-103 at any courthouse or county law library or online at www.courls. ca.gov/forms. There are four ways in which a record of the oral proceedings can be prepared for the appellate division: e If you or the other party arranged to have a court reporter there during the trial court proceedings. the Revised January 1. 2021 Information on Appeal Procedures APP-101-INFO, Page 4 of 15 for Limited Civil Cases >

=) ea tO Information on Appeal Procedures for Limited Civil Cases reporter can prepare a record, called a “reporter’s transcript.” If the proceedings were officially electronically recorded, the trial court can have a transcript prepared from that recording or, if the court has a local rule permitting this and you and the other party agree (“stipulate”) to this, you can use the official electronic recording itself instead of a transcript. You can use an agreed statement. You can use a statement on appeal. Read below for more information about these options. (1) Reporter’s transcript Description: A reporter’s transcript is a written record (sometimes called a “verbatim” record) of the oral proceedings in the trial court prepared by a court reporter. Rule 8.834 of the California Rules of Court establishes the requirements relating to reporter’s transcripts. When available: lf a court reporter was there in the trial court and made a record of the oral proceedings, you can choose (“elect”) to have the court reporter prepare a reporter’s transcript for the appellate division. In most limited civil cases, however, a court reporter will not have been there unless you or another party in your case made specific arrangements to have a court reporter there. Check with the court to see if a court reporter made a record of the oral proceedings in your case before choosing this option. Contents: If you elect to use a reporter’s transcript, you must identify by date (this is called “designating”) what proceedings you want included in the reporter’s transcript. You can use the same form you used to tell the court you wanted to use a reporter's transcript—Appellant’s Notice Designating Record on Appeal (Limited Civil Case) (form APP-103)-—to do this. If you elect to use a reporter’s transcript, the respondent also has the right to designate additional proceedings to be included in the reporter’s transcript. If you elect to proceed without a reporter’s transcript. however, the respondent may not designate a reporter’s transcript without first getting an order from the appellate division. Cost: The appellant is responsible for paying for preparing a reporter’s transcript. The trial court clerk or the court reporter will notify you of the cost of preparing an original and one copy of the reporter’s transcript. You must deposit payment for this cost (and a fee for the trial court) or one of the substitutes allowed by rule 8.834 with the trial court clerk within 10 days after this notice is sent. (See rule 8.834 for more information about this deposit and the permissible substitutes, such as a waiver of this deposit signed by the court reporter.) Unlike the fee for filing the notice of appeal and the costs for preparing a clerk’s transcript, the court cannot waive the fee for preparing a reporter’s transcript. A special fund, called the Transcript Reimbursement Fund, may be able to help pay for the transcript. You can get information about this fund at www.courtreportersboard.ca. gov/consumers/index .shiml#rtf, If you are unable to pay the cost of a reporter’s transcript, a record of the oral proceedings can be prepared in other ways, by using an agreed statement or a statement on appeal, which are described below. Completion and delivery: After the cost of preparing the reporter's transcript or a permissible substitute has been deposited. the court reporter will prepare the transcript and submit it to the trial court clerk. When the record is complete. the trial court clerk will submit the original transcript to the appellate division and send you a copy of the transcript. If the respondent has purchased it, a copy of the reporter’s transcript will also be mailed to the respondent. Revised January 1 2021 Information on Appeal Procedures APP-101-INFO, Page 5 of 15 for Limited Civil Cases >

APP-1 Him@ Information on Appeal Procedures for Limited Civil Cases (2) Official electronic recording or transcript When available: In some limited civil cases, the trial court proceedings were officially recorded on approved electronic recording equipment. If your case was Officially recorded, you can choose (“elect”) to have a transcript prepared from the recording. Check with the trial court to see if the oral proceedings in your case were officially electronically recorded before you choose this option. If the court has a local rule permitting this and all the parties agree (“stipulate”), a copy of an official electronic recording itself can be used as the record, instead of preparing a transcript. If you choose this option, you must attach a copy of this agreement (“stipulation”) to your notice designating the record on appeal. Contents: \f you elect to use a transcript of an official electronic recording, you must identify by date (this is called “designating”) what proceedings you want included in the transcript. You can use the same form you used to tell the court you wanted to use a transcript of an official electronic recording —Appellant’s Notice Designating Record on Appeal (Limited Civil Case) (form APP-103)—to do this. Cost: The appellant is responsible for paying the court for the cost of either (a) preparing a transcript or (b) making a copy of the official electronic recording. (a) If you elect to use a transcript of an official electronic recording, you will need to deposit the estimated cost of preparing the transcript with the trial court clerk and pay the trial court a $50 fee. There are two ways to determine the estimated (3) cost of the transcript: e You can use the amounts listed in rule 8.130(b)(1)(B) for each full or half day of court proceedings to estimate the cost of making a transcript of the proceeding you have designated in your notice designating the record on appeal. Deposit this estimated amount and the $50 fee with the trial court clerk when you file your notice designating the record on appeal. ¢ You can ask the trial court clerk for an estimate of the cost of preparing a transcript of the proceedings you have designated in you notice designating the record on appeal. You must deposit this amount and the $50 fee with the trial court within 10 days of receiving the estimate from the clerk. (b) If the court has a local rule permitting the use of a copy of the electronic recording itself, rather than a transcript, and you have attached your agreement with the other parties to do this (“stipulation”) to the notice designating the record on appeal that you filed with the court, the trial court clerk will provide you with an estimate of the costs for this copy of the recording. You must pay this amount to the trial court. If you cannot afford to pay the cost of preparing the transcript, the $50 fee, or the fee for the copy of the official electronic recording, you can ask the court to waive these costs. To do this, you must fill out and file a Request to Waive Court Fees (form FW-001). You can get form FW-001 at any courthouse or county law library or online at www.courts.ca.gov/forms. The court will review this application to determine if you are eligible for a fee waiver. Completion and delivery: After the estimated cost of the transcript or official electronic recording has been paid or waived. the clerk will have the transcript or copy of the recording prepared. When the transcript is completed or the copy of the official electronic recording is prepared and the rest of the record is complete, the clerk will send it to the appellate division. Agreed statement Description: An agreed statement is a written summary of the trial court proceedings agreed to by all the parties. (See rule 8.836 of the California Rules of Court.) When available: \f the trial court proceedings were not recorded either by a court reporter or by official electronic recording equipment or if you do not want to use one of these options. you can choose (“elect”) to use an agreed statement as the record of the oral proceedings (please note that it Revised January 1, 2021 Information on Appeal Procedures APP-101-INFO, Page 6 of 15 for Limited Civil Cases >

PP-1 INF Information on Appeal Procedures for Limited Civil Cases (4) may take more of your time to prepare an agreed statement than to use either a reporter’s transcript or official electronic recording, if they are available). Contents: An agreed statement must explain what the trial court case was about, describe why the appellate division is the right court to consider an appeal in this case (why the appellate division has “jurisdiction”), and describe the rulings of the trial court relating to the points to be raised on appeal. The statement should include only those facts that you and the other parties think are needed to decide the appeal. Preparation: If you elect to use this option, you must file the agreed statement with your notice designating the record on appeal or, if you and the other parties need more time to work on the statement, you can file a written agreement with the other parties (called a “stipulation’’) stating that you are trying to agree on a statement. If you file this stipulation, within the next 30 days you must either file the agreed statement or tell the court that you and the other parties were unable to agree on a statement and file a new notice designating the record. Statement on appeal Description: A statement on appeal is a summary of the trial court proceedings that is approved by the trial court judge who conducted those proceedings (the term “judge” includes commissioners and temporary judges). When available: If the trial court proceedings were not recorded either by a court reporter or by official electronic recording equipment or if you do not want to use one of these options. you can choose (“elect”) to use a statement on appeal as the record of the oral proceedings (please note that it may take more of your time to prepare a statement on appeal than to use either a reporter’s transcript or official electronic recording, if they are available). Contents: A statement on appeal must include: e A statement of the points you (the appellant) are raising on appeal: e A summary of the trial court’s rulings and judgment; and e Asummary of the testimony of each witness and other evidence that is relevant to the issues you are raising on appeal. (See rule 8.837 of the California Rules of Court for more information about what must be included in a statement on appeal and the procedures for preparing a statement. You can get a copy of this rule at any courthouse or county law library or online at www.courts.ca.gov/rules.) Preparing a proposed statement: If you elect to use a statement on appeal, you must prepare a proposed statement. If you are not represented by a lawyer, you must use Proposed Statement on Appeal (Limited Civil Case) (form APP-104) to prepare your proposed statement. You can get form APP-104 at any courthouse or county law library or online at www.courts.ca.gov/forms. Serving and filing a proposed statement: You must serve and file the proposed statement with the trial court within 20 days after you file your notice designating the record. “Serve and file” means that you must: e Have somebody over 18 years old mail, deliver, or electronically send (“serve”) the proposed statement to the respondent in the way required by law. If the proposed statement is mailed or personally delivered. it must be by someone who is not a party to the case—so not you. « Make a record that the proposed statement has been served. This record is called a “proof of service.” Proof of Service (Appellate Division) (form APP-109) or Proof of Electronic Service ‘Appellate Division) (form APP-109E) can be used to make this record. The proof of service must show who served the proposed statement, who was served with the proposed statement, how the proposed statement was served (by mail. in person, or electronically), and the date the proposed statement was served. ¢ File the original proposed statement and the proof of service with the trial court. You should make a copy of the proposed statement you are planning to file for your own records before you Revised January 1, 2021 Information on Appeal Procedures APP-101-INFO, Page 7 of 15 for Limited Civil Cases >

APP-1 {m@% Information on Appeal Procedures for Limited Civil Cases file it with the court. It is a good idea to bring or mail an extra copy of the proposed statement to the clerk when you file your original and ask the clerk to stamp this copy to show that the original has been filed. You can get more information about how to serve court papers and proof of service from What Is Proof of Service? (form APP-109-INFO) and on the California Courts Online Self-Help Center at www.courts.ca. gov/selfhelp-serving.him. Review and modifications: The respondent has 10 days from the date you serve your proposed statement to serve and file proposed changes (called “amendments”) to this statement. The trial court judge then reviews both your proposed statement and any proposed amendments filed by the respondent. The trial judge will either make or order you (the appellant) to make any corrections or modifications to the statement that are needed to make sure that the statement provides an accurate summary of the testimony and other evidence relevant to the issues you indicated you are raising on appeal. Completion and certification: If the judge makes any corrections or modifications to the proposed statement, the corrected or modified statement will be sent to you and the respondent for your review. If the judge orders you to make any corrections or modifications to the proposed statement, you must serve and file the corrected or modified statement within the time ordered by the judge. If you or the respondent disagree with anything in the modified or corrected statement, you have 10 days from the date the modified or corrected statement is sent to you to serve and file objections to the statement. The judge then reviews any objections, makes or orders you to make any additional corrections to the statement, and certifies the statement as an accurate summary of the testimony and other evidence relevant to the issues you indicated you are raising on appeal. Sending statement to the appellate division: Once the trial court judge certifies the statement on appeal. the trial court clerk will send the statement to the appellate division along with any record of the documents filed in the trial court. b. Record of the documents filed in the trial court The second part of the official record of the trial court proceedings is a record of the documents that were filed in the trial court. There are three ways in which a record of the documents filed in the trial court can be prepared for the appellate division: © = Aclerk’s transcript or an appendix e = The original nial court file or e = =Anagreed statement Read below for more information about these options. (1) Clerk’s transcript or appendix Description: A clerk’s transcript is a record of the documents filed in the trial court prepared by the clerk of the trial court. An appendix is a record of these documents prepared by a party. (See rule 8.845 of the California Rules of Court.) Contents: Certain documents, such as the notice of appeal and the trial court judgment or order being appealed, must be included in the clerk’s transcript or appendix. These documents are listed in rule 8.832(a) and rule 8.845(b) of the California Rules of Court and in Appellant’s Notice Designating Record on Appeal (Limited Civil Case) (form APP-103). Clerk’s transcript: lf you want any documents other than those listed in rule 8.832(a) to be included in the clerk’s transcript, you must tell the trial court in your notice designating the record on appeal. You can use form APP-103 to do this. You will need to identify each document you want included in the clerk’s transcript by its title and filing date or. if you do not know the filing date. the date the document was signed. If you—the appellant—request a clerk’s transcript. the respondent also has the right to ask the clerk to include additional documents in the clerk’s transcript. If this happens, you will be served with a notice saying what other Revised January 1. 2021 Information on Appeal Procedures APP-101-INFO, Page 8 of 15 for Limited Civil Cases >

iN) -Settke ime Information on Appeal Procedures for Limited Civil Cases documents the respondent wants included in the clerk’s transcript. Cost: The appellant is responsible for paying for preparing a clerk’s transcript. The trial court clerk will send you a bill for the cost of preparing an original and one copy of the clerk’s transcript. You must do one of the following things within 10 days after the clerk sends this bill or the appellate division may dismiss your appeal: e Pay the bill. « Ask the court to waive the cost because you cannot afford to pay. To do this, you must fill out and file a Request to Waive Court Fees (form FW-001). You can get form FW-001 at any courthouse or county law library or online at www. courts.ca. gov /forms. The court will review this application to determine if you are eligible for a fee waiver. ¢ Give the court a copy of a court order showing that your fees in this case have already been waived by the court. Completion and delivery: After the cost of preparing the clerk’s transcript has been paid or waived, the trial court clerk will compile the requested documents into a transcript format and, when the record on appeal is complete. will forward the original clerk’s transcript to the appellate division for filing. The trial court clerk will send you a copy of the transcript. If the respondent bought a copy, the clerk will also send a copy of the transcript to the respondent. Appendix: \f you choose to prepare an appendix of the documents filed in the superior court. rather than designating a clerk’s transcript, that appendix must include all of the documents and be prepared in the form required by rule 8.845 of the California Rules of Court. The parties may prepare separate appendixes or stipulate (agree) to a joint appendix. If separate appendixes are prepared, each party must pay for its own appendix. If a joint appendix is prepared, the (2) parties can agree on how the cost of preparing the appendix will be paid or the appellant will pay the cost. The party preparing the appendix must serve the appendix on each other party (unless the parties have agreed or the appellate division has ordered otherwise) and file the appendix in the appellate division. The appellant’s appendix or a joint appendix must be served and filed with the appellant’s opening brief. See for information about the brief. Trial court file When available: \f the court has a local rule allowing this, the clerk can send the appellate division the original trial court file instead of a clerk’s transcript (see rule 8.833 of the California Rules of Court). Cost: As with a clerk’s transcript, the appellant is responsible for paying for preparing the trial court file. The trial court clerk will send you a bill for this preparation cost. You must do one of the following things within 10 days after the clerk sends this bill or the appellate division may dismiss your appeal: e Pay the bill. e Ask the court to waive the cost because you cannot afford to pay. To do this, you must fill out and file a Request to Waive Court Fees (form FW-001). You can get form FW- 001 at any courthouse or county law library or online at www.courts.ca. gov /forms. The court will review this application to determine if you are eligible for a fee waiver. e Give the court a copy of a court order showing that your fees in this case have already been waived by the court. Completion and delivery: After the cost of preparing the trial court file has been paid or waived and the record on appeal is complete, the trial court clerk will send the file and a list of the documents in the file to the appellate division. The trial court clerk will also send a copy of the Revised January 1.2021 Information on Appeal Procedures APP-101-INFO, Page 9 of 15 for Limited Civil Cases >

PN Sethe in@k Information on Appeal Procedures for Limited Civil Cases list of documents to the appellant and respondent so that you can put your own files of documents from the trial court in the correct order. (3) Agreed statement When available: \f you and the respondent have already agreed to use an agreed statement as the record of the oral proceedings (see a(3) above) and agree to this, you can use an agreed statement instead of a clerk’s transcript. To do this, you must attach to your agreed statement all of the documents that are required to be included in a clerk’s transcript. c. Exhibits The third part of the official record of the trial court proceeding is the exhibits, such as photographs, documents, or other items that were admitted in evidence, refused, or lodged (temporarily placed with the court) in the trial court. Exhibits are considered part of the record on appeal, but the clerk will not include any exhibits in the clerk’s transcript unless you ask that they be included in your notice designating the record on appeal. Appellant's Notice Designating Record on Appeal (Limited Civil Case) (form APP-103), includes a space for you to make this request. You also can ask the trial court to send original exhibits to the appellate division at the time briefs are filed (see rule 8.843 for more information about this procedure and see below for information about briefs). Sometimes, the trial court returns an exhibit to a party at the end of the trial. If the trial court returned an exhibit to you or another party and you or the other party ask for that exhibit to be included in the clerk’s transcript or sent to the appellate division, the party who has the exhibit must deliver that exhibit to the trial court clerk as soon as possible. What happens after the official record has been prepared? As soon as the record on appeal is complete, the clerk of the trial court will send it to the appellate division. When the appellate division receives the record. it will send you a notice telling you when you must file your brief in the appellate division. (as) What is a brief? Description: A “brief” is a party’s written description of the facts in the case, the law that applies, and the party’s argument about the issues being appealed. If you are represented by a lawyer in your appeal, your lawyer will prepare your brief. If you are not represented by a lawyer, you will have to prepare your brief yourself. You should read rules 8.882—8.884 of the California Rules of Court, which set out the requirements for preparing, serving, and filing briefs in limited civil appeals, including requirements for the format and length of these briefs. You can get copies of these rules at any courthouse or county law library or online at www.courts.ca.gov/rules. Contents: If you are the appellant, your brief, called an “appellant’s opening brief.” must clearly explain what you believe are the legal errors made in the trial court. Your brief must refer to the exact places in the clerk’s transcript and the reporter’s transcript (or the other forms of the record you are using) that support your argument. Remember that an appeal is not a new trial. The appellate division will not consider new evidence, such as the testimony of new witnesses or new exhibits, so do not include any new evidence in your brief. Serving and filing: You must serve and file your brief in the appellate division by the deadline the court set in the notice it sent you, which is usually 30 days after the record is filed in the appellate division or 60 days from the date the appellant chooses to proceed with no reporter’s transcript under rule 8.845. “Serve and file” means that you must: e Have somebody over 18 years old mail, deliver, or electronically send (“serve”) the brief to the other parties in the way required by law. If the brief is mailed or personally delivered, it must be by someone who is not a party to the case—so not you. e Make a record that the brief has been served. This record is called a “proof of service.” Proof of Service (Appellate Division) (form APP-109) or Proof of Electronic Service (Appellate Division) (form APP- 109E) can be used to make this record. The proof of service must show who served the brief, who was served with the brief, how the brief was served (by Revised January 1. 2021 Information on Appeal Procedures APP-101-INFO, Page 10 of 15 for Limited Civil Cases >

rN) libel\im@} Information on Appeal Procedures for Limited Civil Cases mail, in person, or electronically). and the date the brief was served. ¢ File the original brief and the proof of service with the appellate division. You should make a copy of the brief you are planning to file for your own records before you file it with the court. It is a good idea to bring or mail an extra copy of the brief to the clerk when you file your original and ask the clerk to stamp this copy to show that the original has been filed.

• Note: Ifa party chooses to prepare an appendix of the documents filed in the trial court instead of designating a clerk’s transcript, the appellant’s appendix or a joint appendix must be served and filed with the appellant’s opening brief. You can get more information about how to serve court papers and proof of service from What Is Proof of Service? (form APP-109-INFO) and on the California Courts Online Self-Help Center at www.courts.ca. gov/selfhelp-serving. htm. You and the other parties can agree (stipulate) to extend the time for filing this brief by up to 30 days (see rule 8.882(b) for requirements for these agreements). You can also ask the court to extend the time for filing this brief if you can show good cause for an extension (see rule 8.811(b) for a list of the factors the court will consider in deciding whether there is good cause for an extension). You can use Application for Extension of Time to File Brief (Limited Civil Case) (form APP-106) to ask the court for an extension. If you do not file your brief by the deadline set by the appellate division, the court may dismiss your appeal. What happens after | file my brief? Within 30 days after you serve and file your brief. the respondent may, but is not required to, respond by serving and filing a respondent’s brief. If the respondent does not file a brief, the appellant does not automatically win the appeal. The court will decide the appeal on the record, the appellant’s brief. and any oral argument by the appellant. If the respondent files a brief. within 20 days after the respondent's brief was filed. you may, but are not required to, file another brief replying to the respondent's brief. This is called a “reply brief.” @) What happens after all the briefs have been filed? Once all the briefs have been filed or the time to file them has passed, the appellate division will notify you of the date for oral argument in your case. What is “oral argument”? “Oral argument” is the parties’ chance to explain their arguments to the appellate division judges in person. You do not have to participate in oral argument if you do not want to; you can notify the appellate division that you want to “waive” oral argument. If all parties waive oral argument, the judges will decide your appeal based on the briefs and the record that were submitted. But if one party waives oral argument and another party or parties does not, the appellate division will hold oral argument with the party or parties who did not waive it. If you do choose to participate in oral argument, you will have up to 10 minutes for your argument unless the appellate division orders otherwise. Remember that the judges will have already read the briefs, so you do not need to read your brief to the judges. It is more helpful to tell the judges what you think is most important in your appeal or ask the judges if they have any questions you could answer. What happens after oral argument? After oral argument is held (or the date it was scheduled passes if all the parties waive oral argument), the judges of the appellate division will make a decision about your appeal. The appellate division has 90 days after the date scheduled for oral argument to decide the appeal. The clerk of the court will mail you a notice of the appellate division’s decision. (20) What should | do if | want to give up my appeal? If you decide you do not want to continue with your appeal, you must file a written document with the appellate division notifying it that you are giving up (this is called “abandoning”) your appeal. You can use Abandonment of Appeal (Limited Civil Case) (form APP-107) to file this notice in a limited civil case. You Revised January 1, 2021 Information on Appeal Procedures APP-101-INFO, Page 11 of 15 for Limited Civil Cases >

PN) Sethe iO) Information on Appeal Procedures for Limited Civil Cases can get form APP-107 at any courthouse or county law library or online at www.courts.ca.gov/forms. INFORMATION FOR THE RESPONDENT This section of this information sheet is written for the respondent—the party responding to an appeal filed by another party. It explains some of the rules and procedures relating to responding to an appeal in a limited civil case. The information may also be helpful to the appellant.

| have received a notice of appeal from

another party. Do | need to do anything? You do not have to do anything. The notice of appeal simply tells you that another party is appealing the trial court’s decision. However, this would be a good time to get advice from a lawyer, if you want it. You do not have to have a lawyer; if you are an individual (not a corporation, for example), you are allowed to represent yourself in an appeal in a limited civil case. But appeals can be complicated and you will have to follow the same rules that lawyers have to follow. If you have any questions about the appeal procedures, you should talk to a lawyer. You must hire your own lawyer if you want one. You can get information about finding a lawyer on the California Courts Online Self- Help Center at www.courts.ca.gov/selfhelp- lowcosthelp.htm. (2) If the other party appealed, can | appeal too? Yes. Even if another party has already appealed. you may still appeal the same judgment or order. This is called a “cross-appeal.” To cross-appeal. you must serve and file a notice of appeal. You can use Notice of Appeal/Cross-Appeal (Limited Civil Case) (form APP-102) to file this notice in a limited civil case. Please read the information for appellants about filing a notice of appeal, starting on page 2 of this information sheet. if you are considering filing a cross-appeal. Is there a deadline to file a cross- appeal? Yes. You must serve and file your notice of appeal within either the regular time for filing a notice of appeal (generally 30 days after mailing or service of Notice of Entry of the judgment or a file-stamped copy of the judgment) or within 10 days after the clerk of the trial court mails notice of the first appeal, whichever is later.

| have received a notice designating

the record on appeal from another party. Do | need to do anything? You do not have to do anything. A notice designating the record on appeal lets you know what kind of official record the appellant has asked to be sent to the appellate division. Depending on the kind of record chosen by the appellant, however, you may have the option to: e Add to what is included in the record e Participate in preparing the record or e Ask for a copy of the record Look at the appellant’s notice designating the record on appeal to see what kind of record the appellant has chosen and read about that form of the record in the response to question above. Then read below for what your options are when the appellant has chosen that form of the record. (a) Reporter’s transcript If the appellant is using a reporter’s transcript, you have the option of asking for additional proceedings to be included in the reporter’s transcript. To do this, within 10 days after the appellant files its notice designating the record on appeal, you must serve and file a notice designating additional proceedings to be included in the reporter’s transcript. Whether or not you ask for additional proceedings to be included in the reporter’s transcript, you must generally pay a fee if you want a copy of the reporter’s transcript. The trial court clerk or reporter will send you a notice indicating the cost of preparing a copy of the reporter’s transcript. If you want a copy of the reporter's transcript. you must deposit this amount (and a fee for the trial court) or one of the substitutes allowed by rule 8.834 with the trial court clerk within 10 days after this notice is sent. (See rule 8.834 for more information Revised January 1, 2021 Information on Appeal Procedures APP-101-INFO, Page 12 of 15 for Limited Civil Cases >

PN) ibe i@8 Information on Appeal Procedures for Limited Civil Cases about this deposit and the permissible substitutes, such as a waiver of this deposit signed by the court reporter.) Unlike the fee for preparing a clerk’s transcript, the court cannot waive the fee for preparing a reporter’s transcript. A special fund, called the Transcript Reimbursement Fund, may be able to help pay for the transcript. You can get information about this fund at www.courtreportersboard.ca. gov/consumers /index.shtml#trf, The reporter will not prepare a copy of the reporter’s transcript for you unless you deposit the cost of the transcript, or one of the permissible substitutes, or your application for payment by the Transcript Reimbursement Fund is approved. If the appellant elects not to use a reporter’s transcript, you may not designate a reporter’s transcript without first getting an order from the appellate division. (b) Agreed statement If you and the appellant agree to prepare an agreed statement (a summary of the trial court proceedings that is agreed to by the parties), you and the appellant will need to reach an agreement on that statement within 30 days after the appellant files its notice designating the record. (c) Statement on appeal If the appellant elects to use a statement on appeal (a summary of the trial court proceedings that is approved by the trial court). the appellant will send you a proposed statement to review. You will have 10 days from the date the appellant sent you this proposed statement to serve and file suggested changes (called amendments’) that you think are needed to make sure that the statement provides an accurate summary of the testimony and other evidence relevant to the issues the appellant indicated the appellant is raising on appeal. “Serve and file” means that you must: e Have somebody over 18 vears old mail, deliver, or electronically send (“serve”) the proposed amendments to the appellant in the way required by law. If the proposed amendments are mailed or personally delivered, it must be by someone who is not a party to the case—so not you. e Make a record that the proposed amendments have been served. This record is called a “proof of service.” Proof of Service (Appellate Division) (form APP-109) or Proof of Electronic Service (Appellate Division) (form APP-109E) can be used to make this record. The proof of service must show who served the proposed amendments, who was served with the proposed amendments, how the proposed amendments were served (by mail, in person, or electronically), and the date the proposed amendments were served. ¢ File the original proposed amendments and the proof of service with the trial court. You should make a copy of the proposed amendments you are planning to file for your own records before you file them with the court. It is a good idea to bring or mail an extra copy of the proposed amendments to the clerk when you file your original and ask the clerk to stamp this copy to show that the original has been filed. You can get more information about how to serve court papers and proof of service from What Is Proof of Service? (form APP-109- INFO) and on the California Courts Online Self-Help Center at www.courts.ca.gov /selfhelp-serving.him. (d) Clerk's transcript or appendix Clerk’s transcript: \f the appellant is using a clerk’s transcript, you have the option of asking the clerk to include additional documents in the clerk’s transcript. To do this, within 10 days after the appellant serves its notice designating the record on appeal, you must serve and file a notice designating additional documents to be included in the clerk’s transcript. You may use Respondent's Notice Designating Record on Appeal (Limited Civil Case) (form APP-110) for this purpose. Whether or not you ask for additional documents to be included in the clerk’s transcript. you must pay a fee if you want a copy of the clerk’s Revised January 1, 2021 Information on Appeal Procedures APP-101-INFO, Page 13 of 15 for Limited Civil Cases >

PP-1 Information on Appeal Procedures for Limited Civil Cases transcript. The trial court clerk will send you a notice indicating the cost for a copy of the clerk’s transcript. If you want a copy, you must deposit this amount with the court within 10 days after the clerk’s notice was sent. If you cannot afford to pay this cost, you can ask the court to waive it. To do this, you must fill out and file a Request to Waive Court Fees (form FW-001). You can get form FW-001 at any courthouse or county law library or online at www.courts.ca.gov/forms. The court will review this application and determine if you are eligible for a fee waiver. The clerk will not prepare a copy of the clerk’s transcript for you unless you deposit payment for the cost or obtain a fee waiver. Appendix: \f the appellant is using an appendix, and you and the appellant have not agreed to a joint appendix, you may prepare a separate respondent’s appendix. See pages 8-9 for more information about preparing an appendix. What happens after the official record has been prepared? As soon as the record on appeal is complete, the clerk of the trial court will send it to the appellate division. When the appellate division receives this record, it will send you a notice telling you when you must file your brief in the appellate division. A brief is a party’s written description of the facts in the case, the law that applies. and the party’s argument about the issues being appealed. If you are represented by a lawyer, your lawyer will prepare your brief. If you are not represented by a lawyer in your appeal, you will have to prepare your brief yourself. You should read rules 8.882-8.884 of the California Rules of Court, which set out the requirements for preparing, serving, and filing briefs in limited civil appeals. including requirements for the format and length of these briefs. You can get these rules at any courthouse or county law library or online at wwiw.courts.ca.gov/rules.him. The appellant serves and files the first brief. called an “appellant’s opening brief.” You may. but are not required to, respond by serving and filing a respondent’s brief within 30 days after the appellant's opening brief is filed. “Serve and file” means that you must: e Have somebody over 18 years old mail. deliver, or electronically send (“serve”) the brief to the other parties in the way required by law. If the brief is mailed or personally delivered, it must be by someone who is not a party to the case—-so not you. e Make a record that the brief has been served. This record is called a “proof of service.” Proof of Service (Appellate Division) (form APP-109) or Proof of Electronic Service (Appellate Division) (form APP-109E) can be used to make this record. The proof of service must show who served the brief, who was served with the brief, how the brief was served (by mail, in person, or electronically), and the date the brief was served. ¢ File the original brief and the proof of service with the appellate division. You should make a copy of the brief you are planning to file for your own records before you file it with the court. It is a good idea to bring or mail an extra copy of the brief to the clerk when you file your original and ask the clerk to stamp this copy to show that the original has been filed. You can get more information about how to serve court papers and proof of service from What Is Proof of Service? (form APP-109-INFO) and on the California Courts Online Self-Help Center at www.courts.ca. gov/selfhelp-serving. htm You and the other parties can agree (stipulate) to extend the time for filing this brief by up to 30 days (see rule 8.882(b) for requirements for these agreements). You can also ask the court to extend the time for filing this brief if you can show good cause for an extension (see rule 8.811(b) for a list of the factors the court will consider in deciding whether there is good cause for an extension). You can use Application for Extension of Time to File Brief (Limited Civil Case) (form APP-106) to ask the court for an extension. If you do not file a respondent’s brief, the appellant does not automatically win the appeal. The court will decide the appeal on the record, the appellant’s brief, and any oral argument by the appellant. Remember that an appeal is not a new trial. The appellate division will not consider new evidence, such as the testimony of new witnesses or new exhibits. so do not include any new evidence in your brief. If you file a respondent’s brief. the appellant then has an opportunity to serve and file another brief within 20 days replying to your brief. Revised January 1. 2021 Information on Appeal Procedures APP-101-INFO, Page 14 of 15 for Limited Civil Cases >

rN) =a ibe |me@k Information on Appeal Procedures for Limited Civil Cases What happens after all the briefs have been filed? Once all the briefs have been filed or the time to file them has passed, the court will notify you of the date for oral argument in your case. “Oral argument” is the parties’ chance to explain their arguments to appellate division judges in person. You do not have to participate in oral argument if you do not want to; you can notify the appellate division that you want to “waive” oral argument. If all parties waive oral argument, the judges will decide the appeal based on the briefs and the record that were submitted. But if one party waives oral argument and another party or parties does not, the appellate division will hold oral argument with the party or parties who did not waive it. If you do choose to participate in oral argument, you will have up to 10 minutes for your argument unless the appellate division orders otherwise. Remember that the judges will have already read the briefs, so you do not need to read your brief to the judges. It is more helpful to tell the judges what you think is most important in the appeal or ask the judges if they have any questions you could answer. After oral argument is held (or the scheduled date passes if all parties waive argument), the judges of the appellate division will make a decision about the appeal. The appellate division has 90 days after oral argument to decide the appeal. The clerk of the court will mail you a notice of the appellate division’s decision. Revised January 1, 2021 Information on Appeal Procedures for Limited Civil Cases APP-101-INFO, Page 15 of 15

Notice of Appeal/Cross-Appeal AP (Limited Civil Case) 02 Instructions

• This form is only for appealing in a limited civil case. You can get other forms for appealing in unlimited civil cases at any courthouse or county law library or online at www.courts.ca.gov/forms.
• Before you fill out this form, read Jnformation on Appeal Procedures for Limited Civil Cases (form APP-101-INFO) to know your rights and responsibilities. You can get form APP-101-INFO at any courthouse or county law library or online at www.courts.ca.gov/forms.
• You must serve and file this form no later than 30 days after the trial court or a party serves a document called a Notice of Entry of the trial court judgment or a file-stamped copy of the judgment or 90 days after entry of judgment, whichever is earlier (see rule 8.823 of the California Rules of Court for very limited exceptions). If your notice of appeal is late, your appeal will be dismissed.
• Fill out this form and make a copy of the completed form for your records and for each of the other parties.
• Serve a copy of the completed form on each of the other parties and keep proof of this service. You can get information about how to serve court papers and proof of service from What Is Proof of Service? (form APP-109- INFO) and on the California Courts Online Self-Help Center at www.courts.ca.gov/selfhelp-serving. him.
• Take or mail the original completed form and proof of service on the other parties to the clerk’s office for the same court that issued the judgment or order you are appealing. It is a good idea to take or mail an extra copy to the clerk and ask the clerk to stamp it to show that the original has been filed. (4) Your Information a. Name of appellant (the party who is filing this appeal): Clerk stamps date here when form is filed. You fill in the name and street address of the court that issued the judgment or order you are appealing: Superior Court of California, County of You fill in the number and name of the trial court case in which you are appealing the judgment or order: Trial Court Case Number: Trial Court Case Name: The clerk will fill in the number below Appellate Division Case Number: (1 Check here if more than one appellant and attach a separate page or pages listing the other appellants and their contact information. At the top of each page, write ““APP-102, item la.’ b. Appellant’s contact information (skip this if the appellant has a lawyer for this appeal): Street address: _ Street yo City State Zip Mailing address (if different): Street City State Zip Phone: : . _ E-mail: _ _ c. Appellant’s lawyer (skip this if the appellant does not have a lawyer for this appeal): Name: State Bar number: ee Street address: Street City State Zip Mailing address (if different): Street City State Zip Phone: __ _ os E-mail: Fax: Judicial Council of California. www.courts.ca gov Revised January 1, 2019. Optional Form Cal. Rules of Court. rule 8.823 (Limited Civil Case) Notice of Appeal/Cross-Appeal APP-102, Page 1 of 3

Trial Court Case Name: Trial Court Case Number: (2) This is (check a or b): a. [_] The first appeal in this case. b. [J] A cross-appeal (an appeal filed after the first appeal in this case (complete (1), (2), and (3)). (1) The notice of appeal in the first appeal was filed on (fill in the date that the other party filed its notice of appeal in this case): (2) The trial court clerk served notice of the first appeal on (fill in the date that the clerk served the notice of the other party's appeal in this case): (3) The appellate division case number for the first appeal is (fill in the appellate division case number of the other party’s appeal, if you know it): (3) Judgment or Order You Are Appealing Tam/My client is appealing (check a or b): a. (J The final judgment in the trial court case identified in the box on page 1 of this form. The date the trial court entered this judgment was (fill in the date): b. [J Other: a) Oo 2) 2 (4) (6) O (6) 7 An order made after final judgment in the case. The date the trial court entered this order was (fill in the date): An order changing or refusing to change the place of trial (venue). The date the trial court entered this order was (fill in the date): An order granting a motion to quash service of summons. The date the trial court entered this order was (fill in the date): An order granting a motion to stay or dismiss the action on the ground of inconvenient forum. The date the trial court entered this order was (fill in the date): An order granting a new trial. The date the trial court entered this order was (fill in the date): An order denying a motion for judgment notwithstanding the verdict. The date the trial court entered this order was (fill in the date): An order granting or dissolving an injunction or refusing to grant or dissolve an injunction. The date the trial court entered this order was (fill in the date): Revised January 1, 2019 Notice of Appeal/Cross-Appeal APP-102, Page 2 of 3 (Limited Civil Case) >

Trial Court Case Number: Trial Court Case Name: (3) (continued) (8) (.) An order appointing a receiver. The date the trial court entered this order was (fill in the date): (9) [) Other action (please describe and indicate the date the trial court took the action you are appealing): (4) Record Preparation Election Complete this section only if you are filing the first appeal in this case. If you are filing a cross-appeal, skip this section and go to the signature line. If you are filing the first appeal in this case, you must serve and file a notice in the trial court designating the record on appeal. You may use Appellant’s Notice Designating Record on Appeal (Limited Civil Case) (form APP-103). Check a or b: a. J I will serve and file a notice designating the record on appeal together with this notice of appeal. b. (J I will serve and file a notice designating the record on appeal later. I understand that I must file this notice in the trial court within 10 days of the date I file this notice of appeal, and that if I do not file the notice designating the record on time, the court may dismiss my appeal. REMINDER: Except in the very limited circumstances listed in rule 8.823, you must serve and file this form no later than (1) 30 days after the trial court clerk or a party serves either a document called a Notice of Entry of the trial court judgment or a file-stamped copy of the judgment, or (2) within 90 days after entry of judgment, whichever is earlier. If your notice of appeal is late, your appeal will be dismissed. Date: Type or print your name Signature of appellant/cross-appellant or attorney Date: Type or print your name Signature of appellant/cross-appellant or attorney MT L : § PH IP] 3) Date: Type or print your name Signature of appellant/cross-appellant or attorney JP vf : § PL IPP Revised January 12019 Notice of Appeal/Cross-Appeal APP-102, Page 3 of 3 (Limited Civil Case)

Appellant's Notice Designating Clerk stamps date here when form is filed. Record on Appeal (Limited Civil Case) Instructions This form is only for choosing (“designating”) the record on appeal in a limited civil case. Before you fill out this form, read Information on Appeal Procedures for Limited Civil Cases (form APP-101-INFO) to know your rights and responsibilities. You can get form APP-101-INFO at any courthouse or county law library or online at www.courts.ca.gov/forms. This form can be attached to your notice of appeal. If it is not attached to your notice of appeal, you must serve and file this form within 10 days after you file your notice of appeal. If you do not file this form on time, the court may dismiss your appeal. Fill out this form and make a copy of the completed form for your records and for each of the other parties. You fill in the name and street address of the court that issued the judgment or order you are appealing: Superior Court of California, County of You fill in the number and name of the trial court Serve a copy of the completed form on each of the other parties and keep case in which you are appealing the judgment or proof of this service. You can get information about how to serve court papers and proof of service on the California Courts Online Self-Help Center site at wwi.courts.ca.gov/selfhelp-serving. him. Take or mail the original completed form and proof of service on the other parties to the clerk’s office for the same court that issued the judgment or order you are appealing. It is a good idea to take or mail an extra copy to the order: Trial Court Case Number: Trial Court Case Name: You fill in the appellate division case number (if clerk and ask the clerk to stamp it to show that the original has been filed. you know it) (4) Your Information a. a Name of Appellant (the party who is filing this appeal): Name: Appellate Division Case Number: Appellant’s contact information (skip this if the appellant has a lawyer for this appeal): Street address: Street Mailing address (if different): _ Phone: _ ~ City ~ State Zip Street City State Zip E-mail: Appellant’s lawyer (skip this if the appellant does not have a lawyer for this appeal): Name: State Bar number: _ Street address: Street City State Zip Mailing address (if different): _ _ Street City State Zip Phone: E-mail: Fax: Judicial Council of California. www. courts.ca.gov . . . Revised January 1. 2021. Optional Form Appellant’s Notice Designating Record on Appeal APP-103, Page 1 of 7 Cal. Rutes of Court. rule 8.831 (Limited Civil Case) >

Trial Court Case Number: Trial Court Case Name: Information About Your Appeal On (fill in the date): I/my client filed a notice of appeal in the trial court case identified in the box on page 1 of this form. Record of Oral Proceedings in the Trial Court You do not have to provide the appellate division with a record of what was said in the trial court (this is called a record of the “oral proceedings”). But if you want to raise any issue in your appeal that would require the appellate division to consider what was said in the trial court, you will need to provide the appellate division with a record of those oral proceedings. For example, if you are claiming that there was not evidence supporting the judgment, order, or other decision you are appealing, you will need to provide a record of the oral proceedings. I elect (choose)/My client elects to proceed (check a or b): a. [] WITHOUT a record of the oral proceedings in the trial court (skip item(4) 3 go to item (8)). I understand that if I elect to proceed without providing a record of the oral proceedings, the appellate division will not be able to review any issues I might want to raise about what was said in the trial court during those proceedings or any claim that there was not evidence to support the judgment, order, or decision | am appealing. (Write initials here): b. [] WITH a record of the oral proceedings in the trial court (complete item @ below). | understand that if I elect (choose) to proceed WITH a record of the oral proceedings in the trial court, I have to choose the record I want to use and take the actions described below to make sure this record is provided to the appellate division. I understand that if I do not take the actions described below and the appellate division does not receive this record, I am not likely to succeed in my appeal. (Write initials here): (4) I want to use the following record of what was said in the trial court proceedings in my case (check and complete only one of the following below—a, b, c, d, or e): a. [] Reporter’s Transcript. This option is available only if there was a court reporter in the trial court who made a record of what was said in court. Check with the trial court to see if there was a court reporter in your case before choosing this option. Complete (1) and (2). (1) Designation of proceedings to be included in reporter’s transcript. I request that the following proceedings in the trial 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, and whether a certified transcript of the designated proceeding was previously prepared.) Date Department Description Reporter’s Name Prev. prepared? (a) [] Yes [J No (b) (J) Yes (] No (c) LJ] Yes [] No \id) CL] Yes (£) No i(e) {] Yes [J] No i {] Yes [J] No (g) (0 Yes (J No 1 Check here if you need to list other proceedings and attach a separate page or pages listing those proceedings. At the top of each page, write “APP-103, item 4a.” Revised January 1. 2021 Appellant’s Notice Designating Record on Appeal APP-103, Page 2 of 7 (Limited Civil Case) >

Trial Court Case Name: Trial Court Case Number: a. (continued) (2) The proceedings designated in (1) [[] include [-] donot include all of the testimony in the trial court. If the designated proceedings DO NOT include all of the testimony, state the points that you intend to raise on appeal. (Rule 8.834(a)(2) provides that your appeal will be limited to these points unless, on a motion, the appellate division permits otherwise.) (1 Check here if you need more space to list other points and attach a separate page or pages listing those J ‘P P P page or pag Sg points. At the top of each page, write “APP-103, item 4a(2).” (3) (1 Certified transcripts. I have attached to this Appellant’s Notice Designating Record on Appeal an original certified transcript of all the proceedings I have designated in (1). The transcript complies with the format requirements in rule 8.144 of the California Rules of Court. Under rule 8.834, no payment is due for this transcript (skip the rest of (4) and go to6) ). (4) Payment for reporter’s transcript. a) (J I will pay for the reporter’s transcript I have designated in (1). Within 10 days of getting the P Pp g reporter’s estimate of the cost of the transcript, I will: (1 Deposit an amount equal to the estimated cost of the transcript with the trial court, and a fee of $50 for the superior court to hold this deposit in trust. I understand that if I do not comply with this requirement, my appeal may be dismissed. C1 File with the trial court a copy of the written waiver of deposit signed by the reporter. I understand that if I do not comply with this, my appeal may be dismissed. (b) 1) Iam unable to afford the cost of the reporter’s transcript | have designated in (1) and am therefore applying to the Transcript Reimbursement Fund to pay for this transcipt. Within 10 days of receipt of the court reporter’s estimate of the costs for this transcript, I will file with the trial court a copy of my application to the Court Reporters Board for payment or reimbusement from the Transcript Reimbursement Fund. 5) Format of reporter’s transcript. I request that the reporter provide my copy of the transcript in: Pp q P y Cop: ip (a) () Paper format only. (b) (J Electronic format only. (c) C1) Both paper and electronic format. OR b. [) Transcript From Official Electronic Recording. This option is available only if an official electronic recording was made of what was said in the trial court. Check with the trial court to see ifan official electronic recording was made in your case before choosing this option. Identifv each proceeding you want included by its date, the department in which it took place, a description of the proceedings, and if you know it, the name of the electronic recording monitor who recorded the proceedings: L Date Department Description Electronic Monitor’s Name (a) (b) (c) 1 Check here if you need more space to describe any proceeding or to list more proceedings and attach a separate page describing or listing those proceedings. At the top of each page, write “APP-103, item 4b.” Revised January 1. 2021 Appellant’s Notice Designating Record on Appeal APP-103, Page 3 of 7 (Limited Civil Case) >

Trial Court Case Number: Trial Court Case Name: (4) b. (continued) Check and complete (1) or (2). (1) () I will pay the trial court clerk for this transcript myself. I understand that if I do not pay for the transcript, my appeal may be dismissed. (a) (J With this notice designating the record on appeal, I have deposited with the trial court clerk the approximate cost of transcribing the proceedings I designated above, calculated as provided in rule 8.130(b)(1)(B). (b) J Within 10 days of receipt of the clerks estimate of the cost of the transcript, I will deposit that amount with the trial court clerk. (2) () Iam asking that the transcript be provided at no cost to me because I cannot afford to pay this cost. I have attached (check (a) or (b) and attach the appropriate document): (a) 1) An order granting a waiver of the cost under rules 3.50-3.58 and 8.818(d). (b) CC) An application for a waiver of court fees and costs under rules 3.50-3.58 and 8.818(d). (Use Request to Waive Court Fees (form FW-001). The court will review this form to decide if you are eligible for a fee waiver.) OR c. [1 Copy of Official Electronic Recording. This option is available only if an official electronic recording was made of what was said in the trial court, the court has a local rule for the appellate division permitting the use of the official electronic recording itself as the record of the proceedings, and all of the parties have agreed (stipulated) that they want to use the recording itself as the record of what was said in the case. Check with the trial court to see if an official electronic recording was made in your case before choosing this option. You must attach a copy of your agreement (stipulation) with the other parties to this notice. Check and complete (1) or (2). (1) (1 Iwill pay the trial court clerk for this copy of the recording myself when I receive the clerk’s estimate of the cost of this copy. I understand that if 1 do not pay for this copy of the recording, it will not be prepared and provided to the appellate division. (2) (J 1am asking that a copy of the recording be provided at no cost to me because | cannot afford to pay this cost. I have submitted the following document with this notice designating the record (check (a) or (b) and submit the appropriate document): (a) ) An order granting a waiver of the cost under rules 3.50—3.58 and 8.818(d). (b) (J An application for a waiver of court fees and costs under rules 3.50-3.58 and 8.818(d). (Use Request to Waive Court Fees (form FW-001). The court will review this form to decide if you are eligible for a fee waiver.) OR d. CL) Agreed Statement. An agreed statement is a summary of the trial court proceedings agreed to by the parties. See form APP-101-INFO for information about preparing an agreed statement. Check (1) or (2). (1) (J Ihave attached an agreed statement to this notice. (2) LJ All the parties have agreed in writing (stipulated) to try to agree on a statement (vou must attach a copy of this agreement (stipulation) to this notice). | understand that, within 30 days after | file this notice, 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, and if | do not, the court may dismiss my appeal. Revised January 1, 2021 APP-103, Page 4 of 7 Appellant’s Notice Designating Record on Appeal (Limited Civil Case) >

Trial Court Case Number: Trial Court Case Name: (4) (continued) OR e. [J Statement on Appeal. A statement on appeal is a summary of the trial court proceedings approved by the trial court. See form APP-101-INFO for information about preparing a proposed statement. Check (1) or (2). (1) (J Ihave attached my proposed statement on appeal to this notice. (// you are not represented by a lawyer in this appeal, you must use Proposed Statement on Appeal (Limited Civil Case) (form APP-104) to prepare and file this proposed statement. You can get a copy of form APP-104 at any courthouse or county law library or online at www.courts.ca.gov/forms.htm.) (2) [] Ihave NOT attached my proposed statement on appeal to this notice. I understand that I must serve and file this proposed statement in the trial court within 20 days of the date I file this notice and that if 1 do not file the proposed statement on time, the court may dismiss my appeal. Record of the Documents Filed in the Trial Court (8) I elect (choose)/My client elects to use the following record of the documents filed in the trial court (check a, b, or c and fill in any required information): a. C) Clerk’s Transcript. (Fill out (1)-(4).) Note that, if the appellate division has adopted a local rule permitting this, the clerk may prepare and send the original court file to the appellate division instead of a clerk’s transcript. (1) 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 (a) Notice of appeal (b) Notice designating record on appeal (this document) (c) Judgment or order appealed from (d) Notice of entry of judgment (if any) (e) 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) (f) Ruling on any item included under (e) (g) Register of actions or docket Revised January 1. 2021 Appellant’s Notice Designating Record on Appeal APP-103, Page 5 of 7 (Limited Civil Case) >

Trial Court Case Number: Trial Court Case Name: () a. (continued) (2) Additional documents. //you want any documents in addition to the required documents listed in (1) above to be included in the clerk’s transcript, you must identify those documents here. (1) I request that the clerk include in the transcript the following documents that were filed in the trial court. (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 (a) (b) () (d) () [1 Check here if you need to list other documents and attach a separate page or pages listing those documents. At the top of each page, write ““APP-103, item 5a(2).” (3) Exhibits. (J I request that the clerk include in the transcript the following exhibits that were admitted in evidence, refused, or lodged in the trial court. (For each exhibit, give the exhibit number (such as Plaintiff's #1 or Defendant’s A) and a brief description of the exhibit, and indicate whether or not the court admitted the exhibit into evidence. If the trial court has returned a designated exhibit to a party, the party who has that exhibit must deliver it to the trial court clerk as soon as possible.) Exhibit Number Description Admitted Into Evidence ( Yes (1 No ( Yes ( No LC] Yes [] No CL] Yes [J No L] Yes {] No 1 Check here if vou need to list other exhibits and attach a separate page or pages listing those exhibits. At the top of each page, write “APP-103, item 5a(3).” Rewsed Janvary 1.2021 Appellant’s Notice Designating Record on Appeal APP-103, Page 6 of 7 (Limited Civil Case) >

Trial Court Case Number: Trial Court Case Name: (5) a. (continued) (4) Payment for clerk’s transcript. (Check a or b.) (a) (] I will pay the trial court clerk for this transcript myself when I receive the clerk’s estimate of the costs of the transcript. I understand that if 1 do not pay for the transcript, it will not be prepared and provided to the appellate division. (b) [] I am asking that the clerk’s transcript be provided at no cost to me because | cannot afford to pay this cost. I have submitted the following document with this notice designating the record (check (i) or (ii) and submit the checked document): G) (J An order granting a waiver of the cost under rules 3.50-3.58 and 8.818(d). (ii) (1 An application for a waiver of court fees and costs under rules 3.50—3.58 and 8.818(d). (Use Request to Waive Court Fees (form FW-001). The court will review this form to decide if you are eligible for a fee waiver.) OR b. [) An appendix under rule 8.845. OR c. L] Agreed statement. (This option is only available if you have chosen to use an agreed statement as the record of the oral proceedings under item @ above and you 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 Sa(1) above and in rule 8.832 of the California Rules of Court.) Date: Type or print your name Signature of appellant or attorney Revised January 1, 2021 Appellant’s Notice Designating Record on Appeal APP-103, Page 7 of 7 (Limited Civil Case)

Proposed Statement on Appeal (Limited Civil Case) Instructions

• This form is only for preparing a proposed statement on appeal in a limited civil case.
• Before you fill out this form, read Information on Appeal Procedures for Limited Civil Cases (form APP-101-INFO) to know your rights and responsibilities. You can get form APP-101-INFO at any courthouse or county law library or online at www.courts.ca.gov/forms.
• This form can be attached to your Appellant’s Notice Designating Record on Appeal (Limited Civil Case) (form APP-103). If it is not attached to that notice, this form must be filed no later than 20 days after you file that notice. If you have chosen to prepare a statement on appeal and do not file this form on time, the court may dismiss your appeal.

• Fill out this form and make a copy of the completed form for your records and for each of the other parties.
• Serve a copy of the completed form on each of the other parties and keep proof of this service. You can get information about how to serve court papers and proof of service from What Is Proof of Service? (form APP-109-INFO) and on the California Courts Online Self-Help Center at www.courts.ca.gov/selfhelp-serving. htm.

• Take or mail the original completed form and proof of service on the other parties to the clerk’s office for the same court that issued the judgment or order you are appealing. It is a good idea to take or mail an extra copy to the clerk and ask the clerk to stamp it to show that the original has been filed. (4) Your Information a. Name of Appellant (the party who is filing this appeal): Name: Clerk stamps date here when form is filed. You fill in the name and street address of the court that issued the judgment or order you are appealing: Superior Court of California, County of You fill in the number and name of the trial court case in which you are appealing the judgment or order: Trial Court Case Number: Trial Court Case Name: You fill in the appellate division case number (if ou know it) Appellate Division Case Number: b. Appellant’s contact information (skip this if the appellant has a lawyer for this appeal): Street address: Street City State Zip Mailing address (ifdifferent): __ Street City State Zip Phone: Email: _ c. Appellant’s lawyer (skip this if the appellant does not have a lawyer for this appeal): Name: State Bar number: ee Street address: _ a Street City State Zip Mailing address (if different): _ 7 ee Street City State Zip Phone: _ Email: - Fax: Judicial Council of California Rev. January 1, 2021. Optional Form Cal, Rules of Court. rule 6 837 (Limited Civil Case) Proposed Statement on Appeal APP-104, Page 1 of 7

Trial Court Case Number: Trial Court Case Name: Information About Your Appeal On (fill in the date): . I/my client filed a notice of appeal in the trial court case identified in the box on page | of this form. On (fill in the date): , I/my client filed a notice designating the record on appeal, electing to use a statement on appeal. Proposed Statement (4) Reasons for Your Appeal Remember, in an appeal, the appellate division can only review a case for whether certain kinds of legal errors were made (read form APP-101-INFO to learn about these legal errors):

• There was not “substantial evidence” supporting the judgment, order, or other decision you are appealing.
• A “prejudicial error” was made during the trial court proceedings. The appellate division:
• Cannot retry your case or take new evidence.
• Cannot consider whether witnesses were telling the truth or lying.
• Cannot consider whether there was more or stronger evidence supporting your position than there was supporting the trial court’s decision. (Check all that apply and describe the legal error or errors you believe were made that are the reason for this appeal.) a. CL] There was not substantial evidence that supported the judgment, order, or other decision that I/my client indicated in the notice of appeal is being appealed in this case. (Explain why you think the judgment, order, or other decision was not supported by substantial evidence): b. [J The following error or errors about either the law or court procedure was/were made that caused substantial harm to me/my client. (Describe each error and how you were/yvour client was harmed by that error.) (1) Describe the error: Describe how you were/vour client was harmed by the error:

• f fev. Jenuary 1.2021 Proposed Statement on Appeal APP-104. Page 2 of 7 (Limited Civil Case) >

Trial Court Case Number: Trial Court Case Name: (4) b. (2) Describe the error: Describe how you were/your client was harmed by the error: (3) Describe the error: Describe how you were/your client was harmed by the error: ( Check here if you need more space to describe these or other errors and attach a separate page or pages describing the errors. At the top of each page, write “APP-104, item 4.” (5) The Dispute a. In the trial court, I/my client was the (check one): (] Plaintiff (the party who filed the complaint in the case). () Defendant (the party against whom the complaint was filed). b. The plaintiff's complaint in this case was about (briefly describe what was claimed in the complaint filed with the trial court): c. The defendant's response to this complaint was (briefly describe how the defendant responded to the complaint filed with the trial cour). __ C1 Check here if vou need more space to describe the dispute and attach a separate page or pages describing it At the top of each page, write “APP-104, Item 5.” Rev. January 1, 2021 Proposed Statement on Appeal APP-104. Page 3 of 7 (Limited Civil Case) >

Trial Court Ca se Name: Trial Court Case Number: (6) Summary of Any Motions and the Court's Order on the Motion a. Were any motions (requests for the trial court to issue an order) made in this case that are relevant to the reasons you gave in @ for this appeal? {1 Yes (fill out b) [No (skip to @) b. In the spaces below, describe any motions (requests for orders) that were made in the trial court that are relevant to the reasons you gave in @ for this appeal. Write a complete and accurate summary of what was said at any hearings on these motions and indicate how the trial court ruled on these motions (1) Describe the first motion: The motion was filed by the [] plaintiff [1] defendant. There [] was [] was not a hearing on this motion. If there was a hearing on this motion, write a complete and accurate summary of what was said at this hearing: (2) The trial court [] granted this motion [J did not grant this motion. (1 Other (describe any other action the trial court took concerning this motion): (1 Check here if you need more space to describe this motion and attach a separate page or pages describing this motion. At the top of each page, write ““APP-104, Item 6b(1).” Describe the second motion: The motion was filed by the [] plaintiff (1) defendant. There [] was [] was not a hearing on this motion. If there was a hearing on this motion, write a complete and accurate summary of what was said at this hearing: The trial court [] granted this motion. [[] did not grant this motion. Rev. January 1, 2021 Proposed Statement on Appeal (Limited Civil Case) APP-104. Page 4 of 7

Trial Court Case Name: Trial Court Case Number: (6) b. (2) (] Other (describe any other action the trial court took concerning this motion): (1) Check here if you need more space to describe this motion and attach a separate page or pages describing this motion. At the top of each page, write “APP-104, item 6b(2).” (3) [] Check here if any other motions were filed that are relevant to the reasons you gave in @ for this appeal and attach a separate page describing each motion, identifying who made the motion and whether there was a hearing on the motion, summarizing what was said at the hearing on the motion, and indicating whether the trial court granted or denied the motion. At the top of each page, write “APP-104, item 6b(3).” (7) Summary of Testimony and Other Evidence a. Was there a trial in your case? (1 No (skip items b, c, d, and e and go to item @)) {1 Yes (check (1) or (2) and complete items b, c, d, and e) (1) (J Jury trial (2) (J Trial by judge only b. Did you/your client testify at the trial? L) No [1 Yes (Write a complete and accurate summary of the testimony you/your client gave that is relevant to the reasons you gave in @ for this appeal. Include only what you actually said; do not comment or give your opinion about what was said. Please indicate whether any objections were made concerning your/your client’s testimony or any exhibits you/your client asked to present and whether these objections were sustained. ): [Check here if you need more space to summarize your/your client’s testimony and attach a separate page or pages summarizing this testimony. At the top of each page, write “APP-104, Item 7h.” c. Were there any other witnesses at the trial whose testimony is relevant to the reasons you gave in @ for this appeal? J] No LJ] Yes (complete items (1), (2), and (3): (1) The witness’s name is (fill in the witness's name): (2) The witness testified on behalf of the (check one): OJ plaintiff L] defendant. Rey Jenuary 1.2021 Proposed Statement on Appeal APP-104, Page 5 of 7 (Limited Civil Case) >

Trial Court Case Number: Trial Court Case Name: (7) c. (3) This witness testified that (Write a complete and accurate summary of the witness's testimony that is relevant to the reasons you gave in @ for this appeal. Include only what the witness actually said; do not comment on or give your opinion about what the witness said. Please indicate whether any objections were made concerning this witness's testimony or any exhibits this witness asked to present and whether these objections were sustained.): (1) Check here if you need more space to summarize this witness’s testimony and attach a separate page or pages summarizing this testimony. At the top of each page, write “APP-104, Item 7c.” d. [] Check here if any other witnesses gave testimony at the trial that is relevant to the reasons you gave in @ for this appeal. Attach a separate page or pages identifying each witness and who the witness testified for, summarizing the witness’s testimony that is relevant to the reasons you gave in @ for this appeal, and indicating whether any objections were made concerning this witness’s testimony or any exhibits the witness asked to present and whether these objections were sustained. At the top of each page, write “APP-104, Item 7d.” e. Summarize the evidence, other than testimony, that was given during the trial that is relevant to the reasons you gave in (4) for this appeal. (Write a complete and accurate summary of the evidence given by both you and the respondent. Include only the evidence given; do not comment on or give your opinion about this evidence.): (1) Check here if you need more space to describe the evidence and attach a separate page or pages describing the evidence. At the top of each page, write “APP-104, Item 7e.” The Trial Court's Findings Did the trial court make findings in the case? {_] No ( Yes (describe the findings made by the trial court): {J Check here if you need more space to describe the trial court's findings and attach a separate page or pages describing these findings. At the top of each page, write “APP-104, Item 8." Rev. January 1. 2021 Proposed Statement on Appeal APP-104, Page 6 of 7 (Limited Civil Case) >

Trial Court Case Number: Trial Court Case Name: (9) The Trial Court's Final Judgment The trial court issued the following final judgment in this case (check all that apply and fill in any required information): a. 1/My client was required to: (1 pay the other party damages of (fill in the amount of the damages): $ LJ do the following (describe what you were ordered to do): b. The other party was required to: [1 pay me/my client damages of (fill in the amount of the damages): $ LJ do the following (describe what the other party was ordered to do): c. () Other(describe): (] Check here if you need more space to describe the trial court’s judgment or order and attach a separate page or pages describing this judgment or order. At the top of each page, write “APP-104, Item 9.” Date: _ 7vpe or print your name Signature of appellant or attorney Rev January 1.2021 Proposed Statement on Appeal APP-104, Page 7 of 7 (Limited Civil Case)

Ned eu COS @ What Is Proof of Service? GENERAL INFORMATION What does this information sheet cover? This information sheet tells you how to fill out Proof of Service (Appellate Division) (form APP-109) or Proof of Electronic Service (Appellate Division) (form APP- 109E). This information sheet is not part of the proof of service and does not need to be copied, served, or filed. Ga) What is “serving” a document? “Serving” a document on a person means having the document delivered to that person. The general requirements for serving documents are set out in California Code of Civil Procedure sections 1010.6— 1013a (you can get a copy of these laws at any county law library or online at www.leginfo.ca.gov.calaw. html). There are three main ways to serve documents: (1) by mail, (2) by personal delivery, or (3) by electronic service. When a document is served by mail, it must be put ina sealed envelope or package that is addressed to the person who is being served and that has the postage fully prepaid. The envelope then has to be deposited with the U.S. Postal Service by leaving it at a U.S. Postal Service office or mail drop or at an office or business mail drop where the person serving the document knows the mail is picked up every day and deposited with the U.S. Postal Service. When a document is personally delivered to a party who is represented by an attorney. the document must either be given directly to the attorney representing that party or the document can be placed in an envelope or package addressed to the attorney and left with the receptionist at the attorney’s office or with a person who is in charge of the attorney’s office. When a document is personally served ona party who is not represented by an attorney. the document must either be given directly to the party or the document can be given to someone who is at least 18 years old at the party’s residence between the hours of eight in the morning and six in the evening. You may be able to serve a document electronically if the person being served has agreed to accept electronic service or if the court has ordered the person to accept electronic service. The requirements for electronic service are set out in California Code of Civil Procedure section 1010.6. When a document is electronically served, it must be served either by electronic transmission or by electronic notification. “Electronic transmission” means sending the document to the person’s electronic service address, an email address the person has given the court and the other parties to the case for this purpose. “Electronic notification” means sending a notice to the person with the exact name of the document and a hyperlink—a link to a web address—at which the document may be viewed and downloaded. @) What documents have to be served? Rule 8.817 of the California Rules of Court requires that before you file any document with the court in a case in the appellate division of the superior court, you must serve one copy of the document on each of the other parties in the case and on anyone else when required by law (statute or rule of court). Other rules require that certain documents in cases in the appellate division be served, including the notice of appeal and the notice designating the record on appeal in appeals in limited civil cases and briefs in all appeals. (For more information about appeals in general and about these documents, read Jnformation on Appeal Procedures for Limited Civil Cases (form APP-101-INFO), Jnformation on Appeal Procedures for Misdemeanors (form CR-131- INFO), and Information on Appeal Procedures for Infractions (form CR-141-INFO).) @) Who can serve a document? State law (the Code of Civil Procedure) says that a document in a court case can only be served by a person who is over 18 years old. Service by mail or by personal delivery must be by someone who is not a party in the case: electronic service may be performed directly by a party. If you are a party in a case and wish to serve documents by mail or by personal delivery. you must have someone else who is over 18 and who is not a party in your case serve any documents in your case for you. You will need to give the person who is serving the document for you (the server) the names and addresses of all the people who need to be served with that document. You will also need to give the server one copy of each document that needs to be served for each person who is being served. Judicial Council of California, www courts.ca.gov Rev. January 1, 2021. Optional Form What Is Proof of Service? APP-109-INFO, Page 1 of 5

APP-109-INF What Is Proof of Service? If you are serving documents electronically, you can do so yourself or have another person over 18 do it for you. The person doing the serving (the server) will need the names and electronic service addresses of everyone who must be served, as well as the document to be served in a form that allows it to be electronically transmitted or made available by hyperlink. @) What is proof of service? A “proof of service” shows the court that a document was served as required by the law. Rule 8.817 also requires a party who is filing a document with the court in a case in the appellate division to attach a proof of service to the document the party wants to file. You can use Proof of Service (Appellate Division) (form APP- 109) or Proof of Electronic Service (Appellate Division) (form APP-109E) to give the court this proof of service in any case in the appellate division of the superior court. The server should follow the instructions below for completing the Proof of Service (Appellate Division) (form APP-109) or Proof of Electronic Service (Appellate Division) (form APP-109E). If another person is serving the documents for you—as is required if the document will be served by mail or personal delivery— tell the server to give you the original form when it is filled out and signed. You will need to attach the original proof of service to the document you want to file. If you are electronically filing the document, the proof of service may also be filed electronically. However, the original signed proof of service must be kept by the party filing the document and produced upon request. INFORMATION FOR THE SERVER Who fills out the Proof of Service or Proof of Electronic Service? If you are the server (the person who serves a document for a party in a court case). you must prepare and sign the proof of service. If you served the document by mail or personal delivery. you can use Proof of Service (Appellate Division) (form APP-109) to prepare this proof of service in any case in the appellate division. If you served the document electronically, you can use Proof of Electronic Service (Appellate Division) (form APP-109E) to prepare the proof of service. (6) How do | fill out the Proof of Service? These instructions are for Proof of Service (Appellate Division) (form APP-109), if you are serving the document by mail or personal delivery. If you are serving the document electronically, please see@) below, for instructions on how to fill out Proof of Electronic Service (Appellate Division) (form APP- 109E). You can fill out most of the information on Proof of Service (Appellate Division) (form APP-109) by copying the information from the document you are serving before you serve that document. However, you should not sign and date the form until after you have finished serving the document. By signing form APP-109, you are swearing, under penalty of perjury, that the information that you put in the form is true and correct. When you fill out the Proof of Service (Appellate Division) (form APP-109), you should print neatly or use a typewriter. If you have Internet access, you can fill out the form online at www.courts.ca.gov/forms (use the “fillable” version of the form). Filling in the top section of form APP-109: First box, right side of form: Leave this box blank for the court’s use. Second box, right side of form: Fill in the name of the county in which the case is filed and the street address of the court. You can copy this information from the first page of the document that you are serving. If the document you are serving is another Judicial Council form, this information will be in the second box on the right-hand side of the form. Third box, right side of form: Fill in the trial court case name and number. You can copy this information from the first page of the document that you are serving. If the document you are serving is another Judicial Council form. this information will be in the third box on the right-hand side of the form. Fourth box, right side of form: Fill in the appellate division case number, if you know it. If this number is available. it will be on the first page of the document that you are serving. If the document you are serving is Rev. January 1, 2021 What Is Proof of Service? APP-109-INFO, Page 2 of 5

APP ]3@9 What Is Proof of Service? another Judicial Council form, this number will be in the fourth box on the right-hand side of the form. Filling in items 1-5: Items @) and ©: You are stating, under penalty of perjury, that you are over the age of 18 and that you are not a party in this court case. Item @: Check one of the boxes and provide your home or business address. This information is important because, if you serve the document by mail, you must live or work in the county from which the document was mailed. Item @): Check or fill in the name of the document that you are serving. If the document you are serving is another Judicial Council form, the name of the document is located on both the top and the bottom of the first page of the form. If the document you are serving is not a Judicial Council form, the name of the document should be on the top of the first page of the document. a. Check box 4a if you are serving the document by mail. BEFORE YOU SEAL AND MAIL THE ENVELOPE WITH THE DOCUMENT YOU ARE SERVING, fill in the following parts of the form. (1) You are stating, under penalty of perjury. that you are putting one copy of the document you identified in item 4 in an envelope addressed to each person listed in 4a(2). sealing the envelope. and putting first-class postage on the envelope. (2) Fill in the name and address of each person to whom you are mailing the document. You can copy this information from the list of people to be served or the envelopes provided by the party for whom you are serving the document. If you need more space to list names and addresses. check the box under item 4a(2) and attach a page listing them. At the top of the page. write “APP-109, Item 4a.” (3) Fill in the date you are mailing the document and the city and state from which you are mailing it. REMEMBER: You must live or work in the county from which the document is mailed. ; (a) Check box 4a(3)(a) if you are personally depositing the document with the U.S. Postal Service, such as at a U.S. Post Office or U.S. Postal Service mailbox. (b) Check box 4a(3)(b) if you are putting the document in the mail at your place of business. Once you have finished filling out these parts of the form, make one copy of Proof of Service (Appellate Division) (form APP-109) with this information filled in for each person you are serving by mail. Put this copy of Proof of Service (Appellate Division) (form APP-109) in the envelope with the document you are serving. Seal the envelope and mail it as you have indicated on the Proof of Service. Check box 4b. If you personally delivered the documents. Remember, when a document is personally delivered to a party who is represented by an attorney, the document must either be given directly to the party’s attorney or the document can be placed in an envelope or package addressed to the attorney and left with the receptionist at the attorney’s office or with a person who is in charge of the attorney’s office. When a document is personally served on a party who is not represented by an attorney, the document must either be given directly to the party or the document can be given to someone who is at least 18 years old at the party’s residence between the hours of eight in the morning and six in the evening. For each person to whom you personally delivered the document, fill in: (a) The person’s name. (b) The address at which you delivered the document to this person. (c) The date on which you delivered the document to this person. (d) The time at which you delivered the document. If you need space to list more names, addresses. and delivery dates and times. check the box Rev. January 1, 2021 What Is Proof of Service? APP-109-INFO, Page 3 of 5

Ned ea QO What Is Proof of Service? under 4b. and attach a page listing this information. At the top of the page. write “APP-109, Item 4b.” Item ©): At the bottom of the form, type or print your name, sign the form, and fill in the date that you signed the form. By signing this form, you are stating under penalty of perjury that all the information you filled in on Proof of Service (Appellate Division) (form APP- 109) is true and correct. After you have finished serving the document and filled in, signed, and dated Proof of Service (Appellate Division) (form APP-109), give the original completed form to the party for whom you served the document. How do | fill out the Proof of Electronic Service? You can fill out most of the information on Proof of Electronic Service (Appellate Division) (form APP- 109E) by copying the information from the document you are serving before you serve that document. However, you should not sign and date the form until after you have finished serving the document. By signing form APP-109E you are swearing under penalty of perjury that the information you have put in the form is true and correct. You can fill out the Proof of Electronic Service (Appellate Division) (form APP-109E) online at www.courts.ca.gov/forms (use the “fillable” version of the form), or you can print it out and fill it in. printing neatly or using a typewriter. Filling in the top section of form APP-109E: First box, right side of form: Leave this box blank for the court’s use. Second box, right side of form: Fill in the name of the county in which the case is filed and the street address of the court. You can copy this information from the first page of the document that you are serving. If the document you are serving is another Judicial Council form, this information will be in the second box on the right-hand side of that form. Third box, right side of form: Fill in the trial court case number and name. You can copy this information from the first page of the document that you are serving. If the document you are serving is another Judicial Council form, this information will be in the third box on the right-hand side of that form. Fourth box, right side of form: Fill in the appellate division case number, if you know it. If this number is available, it will be on the first page of the document that you are serving. If the document you are serving is another Judicial Council form, this information will be in the fourth box on the right-hand side of that form. Filling in items 1-5: Item Gy You are stating, under penalty of perjury, that you are over the age of 18. Item @ a. Check one of the boxes and provide your home or business address. b. Fill in your electronic service address. This is the address at which you have agreed to accept electronic service, usually an email address. Item @) Check or fill in the name of the document that you are serving. If the document you are serving is another Judicial Council form, the name of the document is located on both the top and the bottom of the first page of the form. If the document you are serving is not a Judicial Council form, the name of the document should be on the top of the first page of the document. Ttem @: Fill in the name of each person served. and the name or names of the parties represented, if the person served is an attorney. For each person served, fill in that person’s electronic service address and the date you served the person. If you need more space to list additional persons served, check the box under item ® b. and attach a page listing them, with their electronic service addresses and the date each person was served. At the top of the page. write “APP-I09E, Item 4.* When you have filled in the information in items |-4, create an electronic copy of the Proof of Electronic Service (Appellate Division) (form APP-109E) with this Rev. January 1, 2021 What Is Proof of Service? APP-109-INFO, Page 4 of 5

Ned ee iE |@8 What Is Proof of Service? information filled in. Transmit the filled-in form with the document you are serving to each person served. Item (6: At the bottom of the form, type or print your name, sign the form, and fill in the date that you signed the form. By signing this form, you are stating under penalty of perjury that all the information you filled in on the Proof of Electronic Service (Appellate Division) (form APP-109E) is true and correct. If you are not the party for whom the documents are served, give the original completed Proof of Electronic Service (Appellate Division) (form APP-109E) to the party for whom you served the document. If you are electronically filing the document that is served, the proof of service may also be filed electronically. However, the original signed proof of service must be kept by the party filing it and produced upon request. Rev, January 1, 2021 What Is Proof of Service? APP-109-INFO, Page 5 of 5

Proof of Service APP-1 (Appellate Division) Instructions

• This form is only for providing proof that a document has been served (delivered) in a proceeding in the superior court appellate division. If you are serving a document electronically, please use Proof of Electronic Service (Appellate Division) (form APP-109E).
• The person who serves (delivers) a document in this case and who fills out this form: o Must be at least 18 years old o Must NOT be a party in this case

• Before you fill out this form, read What Is Proof of Service? (form APP-109-INFO) to understand your responsibilities. (4) At the time I served the documents listed in), I was at least 18 years old. (2) I am not a party in the case identified in the box on the right side of this page. (3) My [J home (J) business address is: Clerk stamps date here when form is filed. Street City State Zip (4) I mailed or personally delivered the following document, as indicated below (check or fill in the name of the document you are serving and check and complete either a or b). Notice of Appeal/Cross Appeal (Limited Civil Case) Notice Designating Record on Appeal (Limited Civil Case) Appellant's Opening Brief Respondent's Brief Appellant’s Reply Brief Abandonment of Appeal (Limited Civil Case) Petition for Writ (Misdemeanor, Infraction, or Limited Civil Case) HOOOo0booogd Other (write in the name of the document): You fill in the name and street address of the court that issued the decision that is being challenged in this case: Superior Court of California, County of You fill in the number and name of the trial court case in which the decision being challenged was issued: Trial Court Case Number: Trial Court Case Name: You fill in the appellate division case number (if you know it): Appellate Division Case Number: Proposed Statement on Appeal ((] Limited Civil Case [] Misdemeanor (Infraction) a. (.] Service by Mail (1) I put one copy of the document identified i) in an envelope addressed to each person listed in (2), sealed the envelope, and put first-class postage on the envelope. Judicial Council of California. www.courts.ca gov ; Rev. January 1, 2017, Optional Form Proof of Service (Appellate Division) APP-109 Page 1 of 2

Appellate Division Appellate Division Case Number: Case Name: (2) The envelope or envelopes were addressed as follows: (a) Name of person served: Address on envelope: Street City State Zip (b) (Name of person served: Address on envelope: Street City State Zip Check here if you mailed copies of the document identified in @ to more people. Attach a ([] separate page listing the names and addresses on each additional envelope you mailed. Write “APP-109, Item 4a” on the top of the page. (3) I mailed the envelope or envelopes on (date): from (city): (state): by depositing the envelope or envelopes (check one): (a) [) With the U.S. Postal Service or (b) [J Atan office or business mail drop where I know the mail is picked up every day and deposited with the U.S. Postal Service. b. [.] Service by Personal Delivery 1 personally gave one copy of the document identified in @to each of the following people: (1) (a) Name of person served: (b) (Address where you gave the documents to this person: Street City State Zip (c) Date when you gave the documents to this person: (d) Time when you gave the documents to this person: (2) (a) Name of person served: (b) (Address where you gave the documents to this person: Street Ciny State Zip (c) Date when you gave the documents to this person: (d) Time when you gave the documents to this person: (-] Check here if you gave copies of the document identified in ) to more people. Attach a separate page listing the names of each of these people, the address where you gave each of them the document, and the date and time you gave them the document. Write “APP-109, Item 4b” on the top of the page. (8) I declare under penalty of perjury under California state law that the information above is true and correct. Date: Type or print server's name Server signs here after serving Rev. January 7. 2017 Proof of Service APP-109 Page 2 of 2 (Appellate Division)