Orange — Limited Civil Appeal

Source: https://www.occourts.org/system/files/selfhelp/shc-app-02.pdf

SUPERIOR COURT OF CALIFORNIA Self-Help Services COUNTY OF ORANGE www.occourts.org/self-help

LIMITED CIVIL APPEAL

SELF-HELP FORM PACKET

SHC-APP-02 (Rev. 01/01/2025)

www.occourts.org/self-help

APP-101-INFO Information on Appeal Procedures for Limited Civil Cases

For information about appeal procedures in other kinds
GENERAL INFORMATION of cases, see:

Information on Appeal Procedures for Unlimited

1 What does this information sheet cover? Civil Cases (form APP-001-INFO ) This information sheet tells you about appeals in limited civil cases. These are civil cases in which the amount of Information on Appeal Procedures for Infractions money claimed is $35,000 or less. (form CR-141-INFO )

If you are the party who is appealing (asking for the trial Information on Appeal Procedures for court’s decision to be reviewed), you are called the Misdemeanors (form CR-131-INFO) APPELLANT, and you should read Information for the You can get these forms at any courthouse or county Appellant, starting on page 2. If you received notice that law library or online at www.courts.ca.gov/forms. another party in your case is appealing, you are called the RESPONDENT and you should read Information for the Respondent, starting on page 11. Prejudicial error: The appellant (the party who is appealing) may ask the appellate division to decide if an This information sheet does not cover everything you may error was made about either the law or court procedures need to know about appeals in limited civil cases. It is in the case that caused substantial harm to the appellant meant only to give you a general idea of the appeal (this is called “prejudicial error”). process. To learn more, you should read rules 8.800–8.843 and 8.880–8.891 of the California Rules of Court, which Prejudicial error can include things like errors made by set out the procedures for limited civil appeals. You can get the judge about the law, errors or misconduct by the these rules at any courthouse or county law library or lawyers, incorrect instructions given to the jury, and online at www.courts.ca.gov/rules. 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 2 What is an appeal? appellant to show the appellate division that an error An appeal is a request to a higher court to review a was made and that the error was harmful. decision made by a judge or jury in a lower court. In a No substantial evidence: The appellant may also asklimited civil case, the court hearing the appeal is the the appellate division to decide if there was substantialappellate division of the superior court and the lower evidence supporting the judgment, order, or othercourt—called the “trial court” in this information sheet decision being appealed. When it conducts its review,—is the superior court. the appellate division only looks to see if there was It is important to understand that an appeal is NOT a new evidence that reasonably supports the decision. The trial. The appellate division will not consider new appellate division generally will not reconsider the evidence, such as the testimony of new witnesses or new jury’s or trial court’s conclusion about which side had exhibits. The appellate division’s job is to review a record more or stronger evidence or whether witnesses were of what happened in the trial court and the trial court’s telling the truth or lying. decision to see if certain kinds of legal errors were made: 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 Information on Appeal Procedures APP-101-INFO, Page 1 of 15January 1, 2025, Optional Form Code of Civil Procedure, §§ 85–88; Cal. Rules of Court, rules 8.800–8.843, 8.800–8.891 for Limited Civil Cases

APP-101-INFO Information on Appeal Procedures for Limited Civil Cases

3 Do I need a lawyer to represent me in an 6 Can I appeal any decision the trial court appeal? made? No. Generally, you can only appeal the final judgment—You do not have to have a lawyer; if you are an individual the decision at the end that decides the whole case. Other(rather than a corporation, for example), you are allowed to rulings made by the trial court before the final judgmentrepresent yourself in an appeal in a limited civil case. But generally cannot be separately appealed but can beappeals can be complicated and you will have to follow the reviewed only later as part of an appeal of the finalsame rules that lawyers have to follow. If you have any judgment. There are a few exceptions to this general rule.questions about the appeal procedures, you should talk to a Code of Civil Procedure section 904.2 lists a few types oflawyer. orders in a limited civil case that can be appealed right If you decide not to use a lawyer, you must put your away. These include orders that: address, telephone number, fax number (if available), and Change or refuse to change the place of trial (venue) email address (if available) on the first page of every Grant a motion to quash service of summons or grant adocument you file with the court and let the court know if motion to stay or dismiss the action on the ground ofthis contact information changes so that the court can inconvenient forumcontact you if needed. Grant a new trial or deny a motion for judgment 4 Where can I find a lawyer to help me with notwithstanding the verdict my appeal? Discharge or refuse to discharge an attachment or grant a right to attach You have to hire your own attorney if you want one. You Grant or dissolve an injunction or refuse to grant or can get information about finding an attorney on the Self- dissolve an injunction Help Guide to the California Courts at selfhelp.courts.ca. Appoint a receiver gov/get-free-or-low-cost-legal-help. Are made after final judgment in the case (You can get a copy of Code of Civil Procedure section INFORMATION FOR THE APPELLANT 904.2 at leginfo.legislature.ca.gov/faces/codes.xhtml.)

7 How do I start my appeal?

This part of the information sheet is written for the appellant—the party who is appealing the trial court’s First, you must serve and file a notice of appeal. The notice decision. It explains some of the rules and procedures of appeal tells the other party or parties in the case and the relating to appealing a decision in a limited civil case. The trial court that you are appealing the trial court’s decision. information may also be helpful to the respondent. You may use Notice of Appeal/Cross-Appeal—Limited Additional information for respondents can be found Civil Case (form APP-102 ) to prepare a notice of appeal in starting on page 11 of this information sheet. 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. 5 Who can appeal? 8 How do I “serve and file” the notice of Only a party in the trial court case can appeal a decision in appeal? that case. You may not appeal on behalf of a friend, a “Serve and file” means that you must: spouse, a child, or another relative unless you are a legally Have somebody over 18 years old mail, deliver, orappointed representative of that person (such as the electronically send (“serve”) the notice of appeal to theperson’s guardian or conservator). other party or parties in the way required by law. If the notice of appeal is mailed or personally delivered, it must be by someone who is not a party to the case—so not you.

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APP-101-INFO Information on Appeal Procedures for Limited Civil Cases

Make a record that the notice of appeal has been served. and that there are different fees for limited civil cases This record is called a “proof of service.” Proof of depending on the amount demanded in the case). If you Service (form APP-109 ) or Proof of Electronic Service cannot afford to pay the fee, you can ask the court to waive (Appellate Division) (form APP-109E ) can be used to it. To do this, you must fill out and file a Request to Waive make this record. The proof of service must show who Court Fees (form FW-001 ). You can get form FW-001 at served the notice of appeal, who was served with the any courthouse or county law library or online at www. notice of appeal, how the notice of appeal was served courts.ca.gov/forms. You can file this application either (by mail, in person, or electronically), and the date the before you file your notice of appeal or with your notice of notice of appeal was served. appeal. The court will review this application to decide if you are eligible for a fee waiver. 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 11 If I file a notice of appeal, do I still have make a copy of the notice of appeal you are planning to to do what the trial court ordered me to file for your own records before you file it with the do? court. It is a good idea to bring or mail an extra copy of Filing a notice of appeal does NOT automatically postpone the notice of appeal to the clerk when you file your most judgments or orders, such as those requiring you to original and ask the clerk to stamp this copy to show pay another party money or to deliver property to another that the original has been filed. party (see Code of Civil Procedure sections 917.1–917.9 You can get more information about how to serve court and 1176; you can get a copy of these laws at papers and proof of service from What Is Proof of Service? www.leginfo.legislature.ca.gov/faces/codes.xhtml). These (form APP-109-INFO ) and on the Self-Help Guide to the kinds of judgments or orders will be postponed, or California Courts at www.courts.ca.gov/selfhelp-serving. “stayed,” only if you request a stay and the court grants htm. your request. In most cases, other than unlawful detainer cases in which the trial court’s judgment gives a party 9 Is there a deadline to file my notice of possession of the property, if the trial court denies your appeal? request for a stay, you can apply to the appellate division Yes. In a limited civil case, except in the very limited for a stay. If you do not get a stay and you do not do what circumstances listed in rule 8.823 , you must file your the trial court ordered you to do, court proceedings to notice of appeal within 30 days after the trial court clerk or collect the money or otherwise enforce the judgment or a party serves either a document called a “Notice of Entry” order may be started against you. of the trial court judgment or a file-stamped copy of the judgment or within 90 days after entry of the judgment, 12 What do I need to do after I file my notice whichever is earlier. of appeal? This deadline for filing the notice of appeal cannot be You must ask the clerk of the trial court to prepare and extended. If your notice of appeal is late, the appellate send the official record of what happened in the trial court division will not be able to consider your appeal. in your case to the appellate division.

Since the appellate division judges were not there to see

10 Do I have to pay to file an appeal? what happened in the trial court, an official record of what Yes. Unless the court waives this fee, you must pay a fee happened must be prepared and sent to the appellate for filing your notice of appeal. You can ask the clerk of division for its review. You can use Appellant’s Notice the court where you are filing the notice of appeal what the Designating Record on Appeal (Limited Civil Case) (form fee is or look up the fee for an appeal in a limited civil case APP-103 ) to ask the trial court to prepare this record. You in the current Statewide Civil Fee Schedule linked at can get form APP-103 at any courthouse or county law www.courts.ca.gov/7646.htm (note that the “Appeal and library or online at www.courts.ca.gov/forms. Writ Related Fees” section is near the end of this schedule

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You must serve and file this notice designating the record Read below for more information about these parts of the on appeal within 10 days after you file your notice of record. appeal. “Serving and filing” this notice means that you a. Record of what was said in the trial courtmust: (the “oral proceedings”) Have somebody over 18 years old mail, deliver, or The first part of the official record of the trial court electronically send (“serve”) the notice to the other proceedings is a record of what was said in the trial party or parties in the way required by law. If the notice court (this is called a record of the “oral is mailed or personally delivered, it must be by someone proceedings”). You do not have to send the appellate who is not a party to the case—so not you. division a record of the oral proceedings. But if you Make a record that the notice has been served. This want to raise any issue in your appeal that would record is called a “proof of service.” Proof of Service require the appellate division to consider what was (form APP-109) or Proof of Electronic Service (form said in the trial court, the appellate division will need APP-109E) can be used to make this record. The proof a record of those oral proceedings. For example, if of service must show who served the notice, who was you are claiming that there was not evidence served with the notice, how the notice was served (by supporting the judgment, order, or other decision you mail, in person, or electronically), and the date the are appealing, the appellate division will need a notice was served. record of the oral proceedings. Bring or mail the original notice and the proof of service You are responsible for deciding how the record of to the trial court that issued the judgment, order, or other the oral proceedings will be given and, depending on decision you are appealing. You should make a copy of what option you select and your circumstances, you the notice you are planning to file for your own records may also be responsible for paying for preparing this before you file it with the court. It is a good idea to record or for preparing an initial draft of the record. bring or mail an extra copy of the notice to the clerk If you do not take care of these responsibilities, a when you file your original and ask the clerk to stamp record of the oral proceedings in the trial court will this copy to show that the original has been filed. not be prepared and sent to the appellate division. If You can get more information about how to serve court the appellate division does not receive this record, papers and proof of service from What Is Proof of Service? it will not be able to review any issues that are (form APP-109-INFO) and on the Self-Help Guide to the based on what was said in the trial court and it California Courts at www.courts.ca.gov/selfhelp-serving may dismiss your appeal. .htm. In a limited civil case, you can use Appellant’s Notice Designating Record on Appeal (Limited Civil 13 What is the official record of the trial Case) (form APP-103) to tell the court whether you court proceedings? want a record of the oral proceedings and, if so, the There are three parts of the official record: form of the record that you want to use. You can get form APP-103 at any courthouse or county law A record of what was said in the trial court (this is library or online at www.courts.ca.gov/forms. called the “oral proceedings”) There are four ways in which a record of the oral A record of the documents filed in the trial court (other proceedings can be prepared for the appellate than exhibits) division: Exhibits that were admitted in evidence, refused, or If you or the other party arranged to have a court lodged (temporarily placed with the court) in the trial reporter there during the trial court proceedings, court the reporter can prepare a record, called a “reporter’s transcript.”

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If the proceedings were officially electronically respondent may not designate a reporter’s recorded, the trial court can have a transcript transcript without first getting an order from the prepared from that recording or, if the court has a appellate division. local rule permitting this and you and the other Cost: The appellant is responsible for paying for party agree (“stipulate”) to this, you can use the preparing a reporter’s transcript. The trial court official electronic recording itself instead of a clerk or the court reporter will notify you of the transcript. cost of preparing an original and one copy of the You can use an agreed statement. reporter’s transcript. You must deposit payment for this cost (and a fee for the trial court) or one You can use a statement on appeal. of the substitutes allowed by rule 8.834 with the Read below for more information about these trial court clerk within 10 days after this notice is options. sent. (See rule 8.834 for more information about this deposit and the permissible substitutes, such (1) Reporter's transcript as a waiver of this deposit signed by the court Description: A reporter’s transcript is a written reporter.) record (sometimes called a “verbatim” record) of Unlike the fee for filing the notice of appeal and the oral proceedings in the trial court prepared by the costs for preparing a clerk’s transcript, the a court reporter. Rule 8.834 of the California court cannot waive the fee for preparing a Rules of Court establishes the requirements reporter’s transcript. A special fund, called the relating to reporter’s transcripts. Transcript Reimbursement Fund, may be able to When available: If a court reporter was there in help pay for the transcript. You can get the trial court and made a record of the oral information about this fund at www. proceedings, you can choose (“elect”) to have the courtreportersboard.ca.gov/consumers/index. court reporter prepare a reporter’s transcript for shtml#rtf . If you are unable to pay the cost of a the appellate division. In most limited civil cases, reporter’s transcript, a record of the oral however, a court reporter will not have been there proceedings can be prepared in other ways, by unless you or another party in your case made using an agreed statement or a statement on specific arrangements to have a court reporter appeal, which are described below. there. Check with the court to see if a court Completion and delivery: After the cost of reporter made a record of the oral proceedings in preparing the reporter’s transcript or a your case before choosing this option. permissible substitute has been deposited, the Contents: If you elect to use a reporter’s court reporter will prepare the transcript and transcript, you must identify by date (this is submit it to the trial court clerk. When the record called “designating”) what proceedings you want is complete, the trial court clerk will submit the included in the reporter’s transcript. You can use original transcript to the appellate division and the same form you used to tell the court you send you a copy of the transcript. If the wanted to use a reporter’s transcript— respondent has purchased it, a copy of the Appellant’s Notice Designating Record on reporter’s transcript will also be mailed to the Appeal (Limited Civil Case) (form APP-103)—to respondent. do this. (2) Official electronic recording or transcript If you elect to use a reporter’s transcript, the When available: In some limited civil cases, the respondent also has the right to designate trial court proceedings were officially recorded additional proceedings to be included in the on approved electronic recording equipment. If reporter’s transcript. If you elect to proceed your case was

trial court proceedings were officially recorded additional proceedings to be included in the
on approved electronic recording equipment. If reporter’s transcript. If you elect to proceed
your case was officially recorded, you can choose without a reporter’s transcript, however, the
(“elect”) to have a transcript prepared from the

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

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

File the original proposed statement and the
A summary of the trial court’s rulings and proof of service with the trial court. You
judgment; and should make a copy of the proposed statement
you are planning to file for your own records

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

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

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(3) Agreed statement 15 What is a brief? When available: If you and the respondent have Description: A “brief” is a party’s written description of already agreed to use an agreed statement as the the facts in the case, the law that applies, and the party’s record of the oral proceedings (see a(3) above) argument about the issues being appealed. If you are and agree to this, you can use an agreed represented by a lawyer in your appeal, your lawyer will statement instead of a clerk’s transcript. To do prepare your brief. If you are not represented by a lawyer, this, you must attach to your agreed statement all you will have to prepare your brief yourself. You should of the documents that are required to be included read rules 8.882–8.884 of the California Rules of Court, in a clerk’s transcript. which set out the requirements for preparing, serving, and c. Exhibits filing briefs in limited civil appeals, including requirements for the format and length of these briefs. You can get The third part of the official record of the trial court copies of these rules at any courthouse or county law proceeding is the exhibits, such as photographs, library or online at www.courts.ca.gov/rules. documents, or other items that were admitted in evidence, refused, or lodged (temporarily placed with Contents: If you are the appellant, your brief, called an the court) in the trial court. Exhibits are considered “appellant’s opening brief,” must clearly explain what you part of the record on appeal, but the clerk will not believe are the legal errors made in the trial court. Your include any exhibits in the clerk’s transcript unless brief must refer to the exact places in the clerk’s transcript you ask that they be included in your notice and the reporter’s transcript (or the other forms of the designating the record on appeal. Appellant’s Notice record you are using) that support your argument. Designating Record on Appeal (Limited Civil Case) Remember that an appeal is not a new trial. The appellate (form APP-103), includes a space for you to make division will not consider new evidence, such as the this request. You also can ask the trial court to send testimony of new witnesses or new exhibits, so do not original exhibits to the appellate division at the time include any new evidence in your brief. briefs are filed (see rule 8.843 for more information You may, but are not required to, fill out Appellant’s about this procedure and see below for information Opening Brief—Limited Civil Case (form APP-200) and about briefs). use it as your opening brief. You can get more information about using this form as your opening brief from How to Sometimes, the trial court returns an exhibit to a Use Form APP-200 in Limited Civil Cases (form party at the end of the trial. If the trial court returned APP-200-INFO). an exhibit to you or another party and you or the other party ask for that exhibit to be included in the Serving and filing: You must serve and file your brief in clerk’s transcript or sent to the appellate division, the the appellate division by the deadline the court set in the party who has the exhibit must deliver that exhibit to notice it sent you, which is usually 30 days after the record the trial court clerk as soon as possible. is filed in the appellate division or 60 days from the date the appellant chooses to proceed with no reporter’s 14 What happens after the official record transcript under rule 8.845. “Serve and file” means that you has been prepared? must: As soon as the record on appeal is complete, the clerk of Have somebody over 18 years old mail, deliver, or the trial court will send it to the appellate division. When electronically send (“serve”) the brief to the other the appellate division receives the record, it will send you a parties in the way required by law. If the brief is mailed notice telling you when you must file your brief in the or personally delivered, it must be by someone who is appellate division. not a party to the case—so not you.

Make a record that the brief has been served. This record is called a “proof of service.” Proof of Service (form APP-109) or Proof of Electronic Service (form APP-109E) can be used to make this record. The proof

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APP-101-INFO Information on Appeal Procedures for Limited Civil Cases

of service must show who served the brief, who was 17 What happens after all the briefs have served with the brief, how the brief was served (by mail, been filed? in person, or electronically), and the date the brief was Once all the briefs have been filed or the time to file them served. has passed, the appellate division will notify you of the File the original brief and the proof of service with the date for oral argument in your case. appellate division. You should make a copy of the brief you are planning to file for your own records before you 18 What is “oral argument”? 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 “Oral argument” is the parties’ chance to explain their original and ask the clerk to stamp this copy to show arguments to the appellate division judges in person. You that the original has been filed. do not have to participate in oral argument if you do not want to; you can notify the appellate division that you want Note: If a party chooses to prepare an appendix of the to “waive” oral argument. If all parties waive oral documents filed in the trial court instead of designating argument, the judges will decide your appeal based on the a clerk’s transcript, the appellant’s appendix or a joint briefs and the record that were submitted. But if one party appendix must be served and filed before or together waives oral argument and another party or parties does not, with the appellant’s opening brief. the appellate division will hold oral argument with the You can get more information about how to serve court party or parties who did not waive it. papers and proof of service from What Is Proof of Service? (form APP-109-INFO) and on the Self-Help Guide to the If you do choose to participate in oral argument, you will California Courts at www.courts.ca.gov/selfhelp-serving. have up to 10 minutes for your argument unless the htm. appellate division orders otherwise. Remember that the judges will have already read the briefs, so you do not needYou and the other parties can agree (stipulate) to extend the to read your brief to the judges. It is more helpful to tell thetime for filing this brief by up to 30 days (see rule 8.882(b) judges what you think is most important in your appeal orfor requirements for these agreements). You can also ask ask the judges if they have any questions you could answer.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 19 What happens after oral argument? list of the factors the court will consider in deciding whether there is good cause for an extension). You may After oral argument is held (or the date it was scheduled use Application for Extension of Time to File Brief— passes if all the parties waive oral argument), the judges of Limited Civil Case (form APP-106 ) to ask the court for an the appellate division will make a decision about your extension. appeal. The appellate division has 90 days after the date scheduled for oral argument to decide the appeal. The clerkIf you do not file your brief by the deadline set by the of the court will mail you a notice of the appellateappellate division, the court may dismiss your appeal. division’s decision. 16 What happens after I file my brief? 20 What should I do if I want to give up my Within 30 days after you serve and file your brief, the appeal? respondent may, but is not required to, respond by serving If you decide you do not want to continue with your and filing a respondent’s brief. If the respondent does not appeal, you must file a written document with the appellate file a brief, the appellant does not automatically win the division notifying it that you are giving up (this is called appeal. The court will decide the appeal on the record, the “abandoning”) your appeal. You can use Abandonment of appellant’s brief, and any oral argument by the appellant. Appeal (Limited Civil Case) (form APP-107 ) to file this If the respondent files a brief, within 20 days after the notice in a limited civil case. You can get form APP-107 at respondent’s brief was filed, you may, but are not required any courthouse or county law library or online at www. to, file another brief replying to the respondent’s brie

Appeal (Limited Civil Case) (form APP-107 ) to file this

If the respondent files a brief, within 20 days after the notice in a limited civil case. You can get form APP-107 at respondent’s brief was filed, you may, but are not required any courthouse or county law library or online at www. to, file another brief replying to the respondent’s brief. This courts.ca.gov/forms. is called a “reply brief.”

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APP-101-INFO Information on Appeal Procedures for Limited Civil Cases

23 Is there a deadline to file a cross-appeal?

INFORMATION FOR THE RESPONDENT Yes. You must serve and file your notice of appeal within either the regular time for filing a notice of appeal This section of this information sheet is written for the (generally 30 days after mailing or service of Notice of respondent—the party responding to an appeal filed by Entry of the judgment or a file-stamped copy of the another party. It explains some of the rules and procedures judgment) or within 10 days after the clerk of the trial court relating to responding to an appeal in a limited civil case. mails notice of the first appeal, whichever is later. The information may also be helpful to the appellant. 24 I have received a notice designating the record on appeal from another party. Do I21 I have received a notice of appeal from need to do anything? another party. Do I need to do anything? You do not have to do anything. The notice of appeal You do not have to do anything. A notice designating the simply tells you that another party is appealing the trial record on appeal lets you know what kind of official record court’s decision. However, this would be a good time to get the appellant has asked to be sent to the appellate division. advice from a lawyer, if you want it. You do not have to Depending on the kind of record chosen by the appellant, have a lawyer; if you are an individual (not a corporation, however, you may have the option to: for example), you are allowed to represent yourself in an Add to what is included in the record appeal in a limited civil case. But appeals can be Participate in preparing the record or complicated and you will have to follow the same rules that Ask for a copy of the recordlawyers have to follow. If you have any questions about the appeal procedures, you Look at the appellant’s notice designating the record on should talk to a lawyer. You must hire your own lawyer if appeal to see what kind of record the appellant has chosen you want one. You can get information about finding a and read about that form of the record in the response to lawyer on the Self-Help Guide to the California Courts at question 13 above. Then read below for what your options selfhelp.courts.ca.gov/get-free-or-low-cost-legal-help. are when the appellant has chosen that form of the record.

a. Reporter's transcript

22 If the other party appealed, can I appeal If the appellant is using a reporter’s transcript, you too? have the option of asking for additional proceedings Yes. Even if another party has already appealed, you may to be included in the reporter’s transcript. To do this, still appeal the same judgment or order. This is called a within 10 days after the appellant files its notice “cross-appeal.” To cross-appeal, you must serve and file a designating the record on appeal, you must serve and notice of appeal. You can use Notice of Appeal/Cross- file a notice designating additional proceedings to be Appeal—Limited Civil Case (form APP-102 ) to file this included in the reporter’s transcript. notice in a limited civil case. Please read the information Whether or not you ask for additional proceedings to for appellants about filing a notice of appeal, starting on be included in the reporter’s transcript, you must page 2 of this information sheet, if you are considering generally pay a fee if you want a copy of the filing a cross-appeal. reporter’s transcript. The trial court clerk or reporter will send you a notice stating 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

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APP-101-INFO Information on Appeal Procedures for Limited Civil Cases

trial court clerk within 10 days after this notice is Have somebody over 18 years old mail, deliver, or sent. (See rule 8.834 for more information about this electronically send (“serve”) the proposed deposit and the permissible substitutes, such as a amendments to the appellant in the way required waiver of this deposit signed by the court reporter.) by law. If the proposed amendments are mailed or personally delivered, it must be by someone who Unlike the fee for preparing a clerk’s transcript, the is not a party to the case—so not you. court cannot waive the fee for preparing a reporter’s transcript. A special fund, called the Transcript Make a record that the proposed amendments have Reimbursement Fund, may be able to help pay for been served. This record is called a “proof of the transcript. You can get information about this service.” Proof of Service (form APP-109 ) or fund at www.courtreportersboard.ca.gov/consumers/ Proof of Electronic Service (form APP-109E ) can index.shtml#trf . The reporter will not prepare a copy be used to make this record. The proof of service of the reporter’s transcript for you unless you deposit must show who served the proposed amendments, the cost of the transcript, or one of the permissible who was served with the proposed amendments, substitutes, or your application for payment by the how the proposed amendments were served (by Transcript Reimbursement Fund is approved. mail, in person, or electronically), and the date the proposed amendments were served. If the appellant elects not to use a reporter’s transcript, you may not designate a reporter’s File the original proposed amendments and the transcript without first getting an order from the proof of service with the trial court. You should appellate division. make a copy of the proposed amendments you are planning to file for your own records before you b. Agreed statement file them with the court. It is a good idea to bring If you and the appellant agree to prepare an agreed or mail an extra copy of the proposed amendments statement (a summary of the trial court proceedings to the clerk when you file your original and ask the that is agreed to by the parties), you and the appellant clerk to stamp this copy to show that the original will need to reach an agreement on that statement has been filed. within 30 days after the appellant files its notice designating the record. You can get more information about how to serve court papers and proof of service from What Is Proof c. Statement on appeal of Service? (form APP-109-INFO) and on the Self- If the appellant elects to use a statement on appeal (a Help Guide to the California Courts at www.courts. summary of the trial court proceedings that is ca.gov/selfhelp-serving.htm. approved by the trial court), the appellant will send you a proposed statement to review. You will have d. Clerk's transcript or appendix 10 days from the date the appellant sent you this Clerk’s transcript: If the appellant is using a clerk’s proposed statement to serve and file suggested transcript, you have the option of asking the clerk to changes (called “amendments”) that you think are include additional documents in the clerk’s transcript. needed to make sure that the statement gives an To do this, within 10 days after the appellant serves accurate summary of the testimony and other its notice designating the record on appeal, you must evidence relevant to the issues the appellant stated serve and file a notice designating additional the appellant is making on appeal. “Serve and file” documents to be included in the clerk’s transcript. means that you must: You may use Respondent’s Notice Designating Record on Appeal—Limited Civil Case (form APP-110 ) for this purpose.

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APP-101-INFO Information on Appeal Procedures for Limited Civil Cases

Whether or not you ask for additional documents to prepare your brief yourself. You should read rules 8.882– be included in the clerk’s transcript, you must pay a 8.884 of the California Rules of Court, which set out the fee if you want a copy of the clerk’s transcript. The requirements for preparing, serving, and filing briefs in trial court clerk will send you a notice stating the cost limited civil appeals, including requirements for the format for a copy of the clerk’s transcript. If you want a and length of these briefs. You can get these rules at any copy, you must deposit this amount with the court courthouse or county law library or online at www.courts. within 10 days after the clerk’s notice was sent. ca.gov/rules. If you cannot afford to pay this cost, you can ask the The appellant serves and files the first brief, called an court to waive it. To do this, you must fill out and file “appellant’s opening brief.” You may, but are not required a Request to Waive Court Fees (form FW-001). You to, respond by serving and filing a respondent’s brief can get form FW-001 at any courthouse or county within 30 days after the appellant’s opening brief is filed. law library or online at www.courts.ca.gov/forms. “Serve and file” means that you must: The court will review this application and decide if Have somebody over 18 years old mail, deliver, or you are eligible for a fee waiver. The clerk will not electronically send (“serve”) the brief to the other prepare a copy of the clerk’s transcript for you unless parties in the way required by law. If the brief is mailed you deposit payment for the cost or obtain a fee or personally delivered, it must be by someone who is waiver. not a party to the case—so not you. Appendix: If the appellant is using an appendix, and you and the appellant have not agreed to a joint Make a record that the brief has been served. This appendix, you may prepare a separate respondent’s record is called a “proof of service.” Proof of Service appendix. See pages 8–9 for more information about (form APP-109) or Proof of Electronic Service (form preparing an appendix. APP-109E) can be used to make this record. The proof of service must show who served the brief, who was If the appellant chooses a clerk’s transcript but does served with the brief, how the brief was served (by mail, not have a waiver of the fee for a clerk’s transcript, in person, or electronically), and the date the brief was you can choose an appendix instead of a clerk’s served. transcript, and the appeal will proceed by appendix. To choose an appendix, you can fill out and file File the original brief and the proof of service with the Respondent’s Notice Designating Record on Appeal appellate division. You should make a copy of the brief —Limited Civil Case (form APP-110) within 10 days you are planning to file for your own records before you after the appellant’s notice designating the record on file it with the court. It is a good idea to bring or mail an appeal is filed. extra copy of the brief to the clerk when you file your original and ask the clerk to stamp this copy to show 25 What happens after the official record that the original has been filed. You can get more has been prepared? information about how to serve court papers and proof of service from What Is Proof of Service? (form As soon as the record on appeal is complete, the clerk of APP-109-INFO) and on the Self-Help Guide to the the trial court will send it to the appellate division. When California Courts at www.courts.ca.gov/selfhelp- the appellate division receives this record, it will send you serving.htm. a notice telling you when you must file your brief in the appellate division. You may, but are not required to, fill out Respondent’s A brief is a party’s written description of the facts in the Brief—Limited Civil Case (form APP-201 ) and use it as case, the law that applies, and the party’s argument about your answering brief. You can get more information about the issues being appealed. If you are represented by a using this form as your answering brief from How to Use lawyer, your lawyer will prepare your brief. If you are not Form APP-201 in Limited Civil Cases represented by a lawyer in your appeal, you will have to (form APP-201-INFO ).

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APP-101-INFO Information on Appeal Procedures for Limited Civil Cases

You and the other parties can agree (stipulate) to extend the 26 What happens after all the briefs have time for filing this brief by up to 30 days (see rule 8.882(b) been filed? for requirements for these agreements). You can also ask Once all the briefs have been filed or the time to file them the court to extend the time for filing this brief if you can has passed, the court will notify you of the date for oral show good cause for an extension (see rule 8.811(b) for a argument in your case. list of the factors the court will consider in deciding whether there is good cause for an extension). You may “Oral argument” is the parties’ chance to explain their use Application for Extension of Time to File Brief— arguments to appellate division judges in person. You do Limited Civil Case (form APP-106 ) to ask the court for an not have to participate in oral argument if you do not want extension. to; you can notify the appellate division that you want to “waive” oral argument. If all parties waive oral argument, If you do not file a respondent’s brief, the appellant does the judges will decide the appeal based on the briefs and not automatically win the appeal. The court will decide the the record that were submitted. But if one party waives oral appeal on the record, the appellant’s brief, and any oral argument and another party or parties does not, the argument by the appellant. Remember that an appeal is not appellate division will hold oral argument with the party or a new trial. The appellate division will not consider new parties who did not waive it. evidence, such as the testimony of new witnesses or new After oral argument is held (or the scheduled date passes if exhibits, so do not include any new evidence in your brief. all parties waive argument), the judges of the appellate If you file a respondent’s brief, the appellant then has an division will make a decision about the appeal. The opportunity to serve and file another brief within 20 days appellate division has 90 days after oral argument to decide replying to your brief. the appeal. The clerk of the court will mail you a notice of the appellate division’s decision.

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Notice of Appeal/Cross-Appeal— Clerk stamps date here when form is filed. APP-102 Limited Civil Case

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 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. You fill in the name and street address of the court that issued the judgment or order you are • You must serve and file this form no later than 30 days after the trial court appealing: or a party serves a document called a Notice of Entry of the trial court Superior Court of California, County of judgment or a file-stamped copy of the judgment or 90 days after entry of Orange 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. You fill in the number and name of the trial court case in which you are appealing the judgment or • Serve a copy of the completed form on each of the other parties and keep order: proof of this service. You can get information about how to serve court Trial Court Case Number: papers and proof of service from What Is Proof of Service? (form APP-109- INFO) and on the Self-Help Guide to the California Courts at Trial Court Case Name: https://selfhelp.courts.ca.gov/. • 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 The clerk will fill in the number below order you are appealing. It is a good idea to take or mail an extra copy to the Appellate Division Case Number: clerk and ask the clerk to stamp it to show that the original has been filed.

1 Your Information a. Name of appellant (the party who is filing this appeal):

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 1a.”

b. Appellant’s contact information (skip this if the appellant has a lawyer for this appeal): Street address:

Street City State Zip Mailing address (if different):

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:
Street address:

Street City State Zip
Mailing address (if different):
Street City State Zip
Phone: Email:
Fax:

Judicial Council of California, www.courts.ca.gov Revised January 1, 2024, Optional Form Notice of Appeal/Cross-Appeal—Limited Civil Case APP-102, Page 1 of 3 Cal. Rules of Court, rule 8.823

Trial Court Case Number:

Trial Court Case Name:

2 This is (check a or b):

a. The first appeal in this case.

b. 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

I am/My client is appealing (check a, b, or both):

a. 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. Other (check all that apply):

(1) An order made after final judgment in the case.
The date the trial court entered this order was (fill in the date):

(2) 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):

(3) An order granting a motion to quash service of summons.
The date the trial court entered this order was (fill in the date):

(4) 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):

(5) An order granting a new trial.
The date the trial court entered this order was (fill in the date):

(6) An order denying a motion for judgment notwithstanding the verdict.
The date the trial court entered this order was (fill in the date):

(7) 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):

(8) An order appointing a receiver.
The date the trial court entered this order was (fill in the date):

Revised January 1, 2024 Notice of Appeal/Cross-Appeal—Limited Civil Case APP-102, Page 2 of 3

Trial Court Case Number:

Trial Court Case Name:

3 (continued) (9) Other action (please describe and indicate the date the trial court took the action you are appealing):

c. The judgment or order being appealed directs payment of sanctions by an attorney for a party. The attorney
(name): appeals

d. The order or judgment being appealed is attached (optional).

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. I will serve and file a notice designating the record on appeal together with this notice of appeal.

b. 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 California Rules of Court, 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

Date:

Type or print your name Signature of appellant/cross-appellant or attorney

Page 3 of 3Revised January 1, 2024 Notice of Appeal/Cross-Appeal—Limited Civil Case APP-102,

Appellant's Notice Designating Clerk stamps date here when form is filed. APP-103 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 You fill in the name and street address of the court county law library or online at www.courts.ca.gov/forms. that issued the judgment or order you are appealing: • This form can be attached to your notice of appeal. If it is not attached to Superior Court of California, County of 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 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 order: proof of this service. You can get information about how to serve court Trial Court Case Number: papers and proof of service on the California Courts Online Self-Help Center site at www.courts.ca.gov/selfhelp-serving.htm .

Trial Court Case Name:

• 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 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):

Appellate Division Case Number:

1 Your Information a. Name of Appellant (the party who is filing this appeal):

Name:

b. Appellant’s contact information (skip this if the appellant has a lawyer for this appeal):

Street address: Street 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:
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. Rules of Court, rule 8.831 (Limited Civil Case)

Trial Court Case Number:

Trial Court Case Name:

Information About Your Appeal 2 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. 3 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 ; go to item 5 ). 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 I am appealing. (Write initials here): b. WITH a record of the oral proceedings in the trial court (complete item 4 below). I 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 No

(b) Yes No
(c) Yes No
(d) Yes No
(e) Yes No
(f) Yes No
(g) Yes No

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 Number:

Trial Court Case Name:

4 a. (continued) (2) The proceedings designated in (1) include do not 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.)

Check here if you need more space to list other points and attach a separate page or pages listing those
points. At the top of each page, write “APP-103, item 4a(2).”
(3) 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 to 5 ).
(4) Payment for reporter’s transcript.
(a) I will pay for the reporter’s transcript I have designated in (1). Within 10 days of getting the
reporter’s estimate of the cost of the transcript, I will:

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.
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) I am unable to afford the cost of the reporter’s transcript I 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:
(a) Paper format only.
(b) Electronic format only.
(c) 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 if an official
electronic recording was made in your case before choosing this option. Identify 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:

Date Department Description Electronic Monitor’s Name

(a)

(b)
(c)

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 APP-103, Page 3 of 7 Appellant’s Notice Designating Record on Appeal (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) 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) 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) I am 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) An order granting a waiver of the cost under rules 3.50–3.58 and 8.818(d).
(b) 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. 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) I will 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 I do not pay for this copy of the recording, it will not be
prepared and provided to the appellate division.

(2) I am asking that a copy of the recording be provided at no cost to me because I 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) 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. 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) I have attached an agreed statement to this notice.

(2) All the parties have agreed in writing (stipulated) to try to agree on a statement (you must attach a copy
of this agreement (stipulation) to this notice). I understand that, within 30 days after I 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 I do not, the court may dismiss my
appeal.

Revised January 1, 2021 Appellant’s Notice Designating Record on Appeal APP-103, Page 4 of 7 (Limited Civil Case)

Trial Court Case Number:

Trial Court Case Name:

4 (continued)

OR

e. 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) I have attached my proposed statement on appeal to this notice. (If 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) I have 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 I do
not file the proposed statement on time, the court may dismiss my appeal.

Record of the Documents Filed in the Trial Court

I elect (choose)/My client elects to use the following record of the documents filed in the trial court (check a, b, or c 5
and fill in any required information):

a. 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:

5 a. (continued)

(2) Additional documents. If 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.

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)
(c)
(d)
(e)

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.
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 No
Yes No
Yes No

Yes No
Yes No

Check here if you 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).”

Revised January 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 I 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 I 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):
(i) An order granting a waiver of the cost under rules 3.50–3.58 and 8.818(d).
(ii) 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. 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 4 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 5a(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 Clerk stamps date here when form is filed. APP-104 (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 Youthat issuedfill in thethenamejudgmentand streetor orderaddressyou areof the court on Appeal (Limited Civil Case) (form APP-103). If it is not attached to that appealing: notice, this form must be filed no later than 20 days after you file that Superior Court of California, County of 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 Youcasefillin inwhichthe numberyou are andappealingname ofthethejudgmenttrial courtor proof of this service. You can get information about how to serve court order: papers and proof of service from What Is Proof of Service? (form Trial Court Case Number: APP-109-INFO) and on the California Courts Online Self-Help Center at www.courts.ca.gov/selfhelp-serving.htm. Trial Court Case Name: • 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 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): Appellate Division Case Number:

1 Your Information a. Name of Appellant (the party who is filing this appeal): Name:

b. Appellant’s contact information (skip this if the appellant has a lawyer for this appeal):

Street address:
Street City State Zip
Mailing address (if different):
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: Street address: Street City State Zip Mailing address (if different): Street City State Zip Phone: Email: Fax:

Judicial Council of California, www.courts.ca.gov Proposed Statement on Appeal APP-104, Page 1 of 7Rev. January 1, 2021, Optional Form Cal. Rules of Court, rule 8.837 (Limited Civil Case)

Trial Court Case Number: Trial Court Case Name:

Information About Your Appeal

2 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.

3 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. 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. 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/your client was harmed by that error.)

(1) Describe the error:

Describe how you were/your client was harmed by the error:

Rev. January 1, 2021 APP-104, Page 2 of 7 Proposed Statement on Appeal (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 court):

Check here if you 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 APP-104, Page 3 of 7 Proposed Statement on Appeal (Limited Civil Case)

Trial Court Case Number: Trial Court Case Name:

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 4 for this appeal? Yes (fill out b) No (skip to 7 ) 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 4 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 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.

Other (describe any other action the trial court took concerning this motion):

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).”

(2) Describe the second motion:

The motion was filed by the plaintiff 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 APP-104, Page 4 of 7 Proposed Statement on Appeal (Limited Civil Case)

Trial Court Case Number: Trial Court Case Name:

6 b. (2) Other (describe any other action the trial court took concerning this motion):

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 4 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?

No (skip items b, c, d, and e and go to item 8 )

Yes (check (1) or (2) and complete items b, c, d, and e)

(1) Jury trial
(2) Trial by judge only

b. Did you/your client testify at the trial?

No
Yes (Write a complete and accurate summary of the testimony you/your client gave that is relevant to the
reasons you gave in 4 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 7b.”
c. Were there any other witnesses at the trial whose testimony is relevant to the reasons you gave in 4 for this
appeal?
No

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): plaintiff defendant.

Rev. January 1, 2021 APP-104, Page 5 of 7 Proposed Statement on Appeal (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 4 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.):

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 4
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 4 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.):

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.”

8 The Trial Court's Findings

Did the trial court make findings in the case? No Yes (describe the findings made by the trial court):

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 APP-104, Page 6 of 7 Proposed Statement on Appeal (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. I/My client was required to:
pay the other party damages of (fill in the amount of the damages): $

do the following (describe what you were ordered to do):

b. The other party was required to:
pay me/my client damages of (fill in the amount of the damages): $

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:

Type 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)

Order Concerning Appellant's Clerk stamps date here when form is filed. APP-105 Proposed Statement on Appeal (Limited Civil Case)

1 The court has received and reviewed the Proposed Statement on Appeal (form APP-104) filed by the appellant on (fill in date):

The court makes the following order: 2

a. The court certifies that parts 5 through 9 of the statement as
proposed by the appellant are an accurate summary of the
evidence and testimony that is relevant to the issues the appellant
indicated in item 4 are the reason for this appeal. This statement Clerk fills in the name and street address of the
is ready to be sent to the appellate division. court:
Superior Court of California, County of
b. Corrections are needed in order for parts 5 through 9 of the Orange
statement proposed by the appellant to be an accurate summary
of the evidence and testimony that is relevant to the issues the
appellant indicated in item 4 are the reason for this appeal.

(1) A modified statement is attached to this order. This Clerk fills in the number and name of the case
modified statement must be sent to the parties. Trial Court Case Number:

(2) The appellant is ordered to prepare a statement
incorporating the modifications listed below and to serve Trial Court Case Name:
and file this modified statement.

(a)

Clerk fills in the number below:

Appellate Division Case Number:

(b)

(c)

(3) More corrections than could be listed above were needed in order for parts 5 through 9 of the
statement proposed by the appellant to be an accurate summary of the testimony and other
evidence that is relevant to the issues the appellant indicated in item 4 are the reasons for this
appeal. A list of required modifications is attached. The appellant is ordered to prepare a statement
incorporating these modifications and serve and file the modified statement.

Judicial Council of California, www.courts.ca.gov Revised March 1, 2014, Optional Form Order Concerning Appellant's APP-105, Page 1 of 2 Cal. Rules of Court, rule 8.837(d) Proposed Statement on Appeal (Limited Civil Case)

Trial Court Case Number: Trial Court Case Name:

c. The proposed statement does not contain the following material required by rule 8.837.

The appellant is ordered to prepare a new proposed statement that includes this material.

d. The trial court proceedings in this case were reported by a court reporter or officially recorded
electronically under Government Code section 69957. Instead of correcting this statement, the court orders
under rule 8.837(d)(6)(B) that a transcript be prepared as the record of these proceedings. (Check the
court’s local rules to make sure the court has a rule providing that this option is available.)

e. This superior court has a local rule for the appellate division authorizing the use of an official electronic
recording as the record of the oral proceedings. The trial court proceedings in this case were officially
electronically recorded. Instead of correcting this statement, the court orders that a copy of that electronic
recording be prepared as the record of these proceedings at the court’s expense.

Date: Signature of trial court judicial officer

Revised March 1, 2014 Order Concerning Appellant's APP-105, Page 2 of 2 Proposed Statement on Appeal (Limited Civil Case)

APP-109-INFO What Is Proof of Service?

When a document is electronically served, it must be
GENERAL INFORMATION served either by electronic transmission or by electronic
notification. “Electronic transmission” means sending

What does this information sheet cover? the document to the person’s electronic service address, an email address the person has given the This information sheet tells you how to fill out Proof of court and the other parties to the case for this purpose. Service (Appellate Division) (form APP-109) or Proof of “Electronic notification” means sending a notice to the Electronic Service (Appellate Division) (form APP- person with the exact name of the document and a 109E). This information sheet is not part of the proof of hyperlink—a link to a web address—at which the service and does not need to be copied, served, or filed. document may be viewed and downloaded.

1 What is “serving” a document? 2 What documents have to be served?

“Serving” a document on a person means having the Rule 8.817 of the California Rules of Court requires that document delivered to that person. The general before you file any document with the court in a case in requirements for serving documents are set out in the appellate division of the superior court, you must California Code of Civil Procedure sections 1010.6– serve one copy of the document on each of the other 1013a (you can get a copy of these laws at any county parties in the case and on anyone else when required by law library or online at www.leginfo.ca.gov.calaw.html). law (statute or rule of court). Other rules require that There are three main ways to serve documents: (1) by certain documents in cases in the appellate division be mail, (2) by personal delivery, or (3) by electronic served, including the notice of appeal and the notice service. designating the record on appeal in appeals in limited civil cases and briefs in all appeals. (For more When a document is served by mail, it must be put in a information about appeals in general and about these sealed envelope or package that is addressed to the documents, read Information on Appeal Procedures for person who is being served and that has the postage fully Limited Civil Cases (form APP-101-INFO), Information prepaid. The envelope then has to be deposited with the on Appeal Procedures for Misdemeanors (form CR-131- U.S. Postal Service by leaving it at a U.S. Postal Service INFO), and Information on Appeal Procedures for office or mail drop or at an office or business mail drop Infractions (form CR-141-INFO).) where the person serving the document knows the mail is picked up every day and deposited with the U.S. 3 Who can serve a document?Postal Service. When a document is personally delivered to a party who State law (the Code of Civil Procedure) says that a is represented by an attorney, the document must either document in a court case can only be served by a person be given directly to the attorney representing that party who is over 18 years old. Service by mail or by personal or the document can be placed in an envelope or package delivery must be by someone who is not a party in the addressed to the attorney and left with the receptionist at case; electronic service may be performed directly by a the attorney’s office or with a person who is in charge of party. the attorney’s office. When a document is personally If you are a party in a case and wish to serve documents served on a party who is not represented by an attorney, by mail or by personal delivery, you must have the document must either be given directly to the party someone else who is over 18 and who is not a party in or the document can be given to someone who is at least your case serve any documents in your case for you. 18 years old at the party’s residence between the hours You will need to give the person who is serving the of eight in the morning and six in the evening. document for you (the server) the names and addresses You may be able to serve a document electronically if of all the people who need to be served with that the person being served has agreed to accept electronic document. You will also need to give the server one service or if the court has ordered the person to accept copy of each document that needs to be served for each electronic service. The requirements for electronic person who is being served. service are set out in California Code of Civil Procedure section 1010.6.

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Judicial Council of California, www.courts.ca.gov What Is Proof of Service? APP-109-INFO, Page 1 of 5 Rev. January 1, 2021, Optional Form Æ

APP-109-INFO What Is Proof of Service?

If you are serving documents electronically, you can do 6 How do I fill out the Proof of Service? so yourself or have another person over 18 do it for you. The person doing the serving (the server) will need the These instructions are for Proof of Service (Appellate names and electronic service addresses of everyone who Division) (form APP-109), if you are serving the must be served, as well as the document to be served in a document by mail or personal delivery. If you are form that allows it to be electronically transmitted or serving the document electronically, please see 7 , made available by hyperlink. below, for instructions on how to fill out Proof of Electronic Service (Appellate Division) (form APP- 4 What is proof of service? 109E).

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

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Rev. January 1, 2021 What Is Proof of Service? APP-109-INFO, Page 2 of 5 Æ

APP-109-INFO What Is Proof of Service?

another Judicial Council form, this number will be in the (a) Check box 4a(3)(a) if you are personally fourth box on the right-hand side of the form. depositing the document with the U.S. Postal Service, such as at a U.S. Post Office Filling in items 1–5: or U.S. Postal Service mailbox.

Items 1 and 2 : You are stating, under penalty of (b) Check box 4a(3)(b) if you are putting the perjury, that you are over the age of 18 and that you are document in the mail at your place of not a party in this court case. business.

Item 3 : Check one of the boxes and provide your home Once you have finished filling out these parts of the or business address. This information is important form, make one copy of Proof of Service (Appellate because, if you serve the document by mail, you must Division) (form APP-109) with this information live or work in the county from which the document was filled in for each person you are serving by mail. Put mailed. this copy of Proof of Service (Appellate Division) (form APP-109) in the envelope with the document Item 4 : Check or fill in the name of the document that you are serving. Seal the envelope and mail it as you you are serving. If the document you are serving is have indicated on the Proof of Service. another Judicial Council form, the name of the document is located on both the top and the bottom of the first page b. Check box 4b. If you personally delivered the of the form. If the document you are serving is not a documents. Remember, when a document is Judicial Council form, the name of the document should personally delivered to a party who is represented by be on the top of the first page of the document. an attorney, the document must either be given directly to the party’s attorney or the document can a. Check box 4a if you are serving the document by be placed in an envelope or package addressed to the mail. BEFORE YOU SEAL AND MAIL THE attorney and left with the receptionist at the ENVELOPE WITH THE DOCUMENT YOU ARE attorney’s office or with a person who is in charge of SERVING, fill in the following parts of the form. the attorney’s office. When a document is personally served on a party who is not represented by an (1) You are stating, under penalty of perjury, that attorney, the document must either be given directly you are putting one copy of the document you to the party or the document can be given to identified in item 4 in an envelope addressed to someone who is at least 18 years old at the party’s each person listed in 4a(2), sealing the envelope, residence between the hours of eight in the morning and putting first-class postage on the envelope. and six in the evening.

(2) Fill in the name and address of each person to For each person to whom you personally
whom you are mailing the document. You can delivered the document, fill in:
copy this information from the list of people to
be served or the envelopes provided by the party (a) The person’s name.
for whom you are serving the document. If you
need more space to list names and addresses, (b) The address at which you delivered the
check the box under item 4a(2) and attach a page document to this person.
listing them. At the top of the page, write
“APP-109, Item 4a.” (c) The date on which you delivered the
document to this person.
(3) Fill in the date you are mailing the document
and the city and state from which you are (d) The time at which you delivered the
mailing it. REMEMBER: You must live or work document.
in the county from which the document is
mailed. If you need space to list more names, addresses,
and delivery dates and times, check the box

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APP-109-INFO What Is Proof of Service?

under 4b. and attach a page listing this Third box, right side of form: Fill in the trial court case
information. At the top of the page, write number and name. You can copy this information from
“APP-109, Item 4b.” the first page of the document that you are serving. If the
document you are serving is another Judicial Council

Item 5 : At the bottom of the form, type or print your form, this information will be in the third box on the name, sign the form, and fill in the date that you signed right-hand side of that form. the form. By signing this form, you are stating under penalty of perjury that all the information you filled Fourth box, right side of form: Fill in the appellate in on Proof of Service (Appellate Division) (form APP- division case number, if you know it. If this number is 109) is true and correct. available, it will be on the first page of the document that you are serving. If the document you are serving is After you have finished serving the document and filled another Judicial Council form, this information will be in, signed, and dated Proof of Service (Appellate in the fourth box on the right-hand side of that form. Division) (form APP-109), give the original completed form to the party for whom you served the document. Filling in items 1–5:

How do I fill out the Proof of Electronic Item 1 : You are stating, under penalty of perjury, that

7 Service? you are over the age of 18.

You can fill out most of the information on Proof of Item 2 : Electronic Service (Appellate Division) (form APP- a. Check one of the boxes and provide your home or 109E) by copying the information from the document business address. you are serving before you serve that document. However, you should not sign and date the form until b. Fill in your electronic service address. This is the after you have finished serving the document. By address at which you have agreed to accept electronic signing form APP-109E you are swearing under service, usually an email address. penalty of perjury that the information you have put in the form is true and correct. Item 3 : Check or fill in the name of the document that you are serving. If the document you are serving is You can fill out the Proof of Electronic Service another Judicial Council form, the name of the document (Appellate Division) (form APP-109E) online at is located on both the top and the bottom of the first page www.courts.ca.gov/forms (use the “fillable” version of of the form. If the document you are serving is not a the form), or you can print it out and fill it in, printing Judicial Council form, the name of the document should neatly or using a typewriter. be on the top of the first page of the document.

Filling in the top section of form APP-109E: Item 4 : Fill in the name of each person served, and the name or names of the parties represented, if the person First box, right side of form: Leave this box blank for the served is an attorney. For each person served, fill in that court’s use. person’s electronic service address and the date you served the person. If you need more space to list Second box, right side of form: Fill in the name of the additional persons served, check the box under item 4 county in which the case is filed and the street address of b. and attach a page listing them, with their electronic the court. You can copy this information from the first service addresses and the date each person was served. page of the document that you are serving. If the At the top of the page, write “APP-109E, Item 4.” document you are serving is another Judicial Council form, this information will be in the second box on the When you have filled in the information in items 1–4, right-hand side of that form. create an electronic copy of the Proof of Electronic Service (Appellate Division) (form APP-109E) with this

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APP-109-INFO What Is Proof of Service?

information filled in. Transmit the filled-in form with the document you are serving to each person served.

Item 5 : 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.

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Rev. January 1, 2021 What Is Proof of Service? APP-109-INFO, Page 5 of 5

Clerk stamps date here when form is filed. Proof of Service APP-109 (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: Must be at least 18 years old You fill in the name and street address of the court that issued the decision that is being challenged in Must NOT be a party in this case this case: • Before you fill out this form, read What Is Proof of Service? (form Superior Court of California, County of APP-109-INFO) to understand your responsibilities. Orange

1 At the time I served the documents listed in 4 , 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. You fill in the number and name of the trial court case in which the decision being challenged was issued: 3 My home business address is: Trial Court Case Number:

Street City State Zip
Trial Court Case Name:

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). You fill in the appellate division case number (if you know it): Notice of Appeal/Cross Appeal (Limited Civil Case) Appellate Division Case Number:

Notice Designating Record on Appeal (Limited Civil Case)

Proposed Statement on Appeal ( Limited Civil Case Misdemeanor Infraction)

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)
Other (write in the name of the document):

a. Service by Mail

(1) I put one copy of the document identified 4 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 APP-109 Page 1 of 2 (Appellate Division)

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 4 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) At an 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
I personally gave one copy of the document identified in 4 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 City 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 4 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.

5 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 1, 2017 Proof of Service APP-109 Page 2 of 2 (Appellate Division)

Clerk stamps date here when form is filed. Proof of Electronic Service APP-109E (Appellate Division)

Instructions

• This form is only for providing proof that a document has been electronically served (delivered) in a proceeding in the superior court appellate division.

• The person who serves (delivers) a document in this case and who fills out this form must be at least 18 years old. You fill in the name and street address of the court that issued the decision that is being challenged in • Before you fill out this form, read What Is Proof of Service? (form this case: APP-109-INFO) to understand your responsibilities. Superior Court of California, County of Orange

1 At the time I served the documents listed in 3 , I was at least 18 years old.

2 a. My home business address is: You fill in the number and name of the trial court case in which the decision being challenged was issued:

Trial Court Case Number:
Street City State Zip

b. My electronic service address is: Trial Court Case Name:

3 I electronically served the following document, as indicated below (check or fill in the name of the document you are serving). You fill in the appellate division case number (if you know it): Notice of Appeal/Cross Appeal (Limited Civil Case) Appellate Division Case Number:

Notice Designating Record on Appeal (Limited Civil Case)

Proposed Statement on Appeal ( Limited Civil Case Misdemeanor Infraction)

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)

Other (write in the name of the document):

Judicial Council of California, www.courts.ca.gov New January 1, 2017, Optional Form Proof of Electronic Service APP-109E, Page 1 of 2 (Appellate Division)

Appellate Division Appellate Division Case Number: Case Name:

4 I electronically served the document checked in 3 as follows

a. (1) Name of person served: On behalf of (name or names of parties represented, if person served is an attorney):

(2) Electronic service address of person served:

(3) On (date):

b. (1) Name of person served: On behalf of (name or names of parties represented, if person served is an attorney):

(2) Electronic service address of person served:

(3) On (date):

Check here if you gave copies of the document listed in 3 to more people. Attach a separate page listing the names of these people, the names of parties represented if the person served is an attorney, the electronic service address used for each person served, and the date you electronically served the document. Write “APP-109E, Item 4” on top of the page.

5 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

New January 1, 2017 Proof of Electronic Service APP-109E, Page 2 of 2 (Appellate Division)