Sturgeon II - Notice of Appeal 09-28-09

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APP-002

ATIORNeY OR PA~TY WITHOUT ATTORN!>Y rN~m~, ;S/"t<J b~( n"mb8r, ~nd .ddf8~~); FOR COURT US!! ONI. Y
Sterling E. Norris (SBN 040993)
r- JUDICIAL WATCH, INC.
2540 Huntington Drive, Suite 201
San Marino, CA 91108-2601 (626) 237-2003
TELEPI-IONE NO.: (626) 287-4540 F,o.:.:.fJO.(Op~onarJ·
E-MAlL AOtJRES5 (OpYOnalJ;
ATTORN~Y fOR (111'1'118).' Plaintiff Haro ld P. Sturgeon . n qlGINAL FIL.ED
SUPERIOR COURT OF CALIFORNIA, COUNTY' OF Los Angeles U
STREe;r ADDReSs: 111 North Hill Street
MAILING ADOR~$S: SEP Z"6 Z009
CITY AND ZIP CODE: Los Angeles, CA 90012 CIVIL APPEALS
eRANCH NAME: Stanly Mosk Courthouse
PLAINTIFF/PETITION ER: Harold P. Sturgeon ROOM 111
DEFENDANT/RESPONDENT: County of Los Angeles, et al,
CASe; NUMBER:
[ZJ NOTICE OF APPEAL o CROSS·APPEAL BC351286
(UNLIMITED CIVIL CASE) ~ '. ~.:
Notice: Please read Infonnation on Appeal Procedures for Unlimited Civil Cases (Judicial Council form
APP-001) before completing this form. This form must be filed in the superior court, not in the Court of Appeal. 1. NOTICE IS HEREBY GIV~N that (name): Plaintiff Harold P. Sturgeon

appeals from lhe followinll Judgment or order iii 1hls case, Which was entered on (date): . 0 JY~ament after jury frlal

o o m D o o CJ

o Other (df:scribtl ~nd specify code l;:eetlan th<lt eurhorile~ this appeal):

August 20, 2009

Judgme.nt after court trial

Oefault judgment ffi,~ !\ ~-S

Judgment after an order grOiliting a summary jud9 ment motion ~0

Judgment or dismls5al under Code of Civil Procedure sections 581d, 583.250, 583.360, or 583,430 r- Fa: -RECBVEO I' " •

~~d:::~~;:~;::~::~;~:~:~~:~:::~~::~:r~:~::u::tlOn904.1(a)(2) CHECK. f~ I

An order of judgment under Code of Civil Procedure sectten 904,1(a}(3)-(1S) .~,p"" aJ~*--.

2. For crcss-appeets only:

a. Date nctice of appeal was filed In original appeal:

I:J. Date superior court clerk mailed notice of ongl nal appeal: c. Court of Appeal case number (if known):

Date~ 1 l z, "(:. { e "\

Sterling E. Norris

(SIGNATUR~F PARTY 01'1, ATTDRNEY) hi ro

(TYPE OR PI'I,HH NAMl>l

FQITJl Approved for Op~on.1 UaQ Judlelal CQundl of C3lifomlQ APP-{)02 [RI>V. J~nuelY~. 2007)

NOTICE OF APPEAUCROSS-APPEAL (UNLIMITED clYIL CASE) (Appellate)

C~I. 'RuI8~ of CDllI'I, rule e.100 www.Cllurtl~ro.ca.~ov

Amef,csn l&;JaINet. Inc. WWW.FormsWQ/ktlow.com

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APP-002

CASE NAME;

Sturgeon v. County ofL05 Angeles, et al.

CASE NUMBER:

BC351286

NOTICE TO PARTIES; A copy of this document must be mailed or personally delivered to the other party or parties 10 this appeal. A PARn' TO .HE APPEAL MAY NOT PERFORM lHE MAILING OR DELIVERY HIMSELF OR HERSEl..F. A person who is at least 18 years old and is t"1Ot a party to tl1i~ appeal must ccrnplete the InformaLlon belOW and mail (by first-class rnail, postage prepaid) or personally deliver the front ami back of this document. VII1"Ien the front and back of Ihls document have been eempleted and a copy mailed or personally deliversd, the original may then

be filed with \he court.

PROOF OF SERVICE

ITJ Mail CJ Personal Service

1. At the time of service I W~$ at least 18 years of age and not a party to thl!o legal action.

2, My residence or business address is (sp~ify):

2540 Huntington Drive, Suite 201, San Marino, CA 91108-2601

3, I mailed or personally delivered a C()py of the Notice of App~allCf"Q$S-Appeal (Unlimited Civil Case) a:o ft:lllows (complete either a or IJ): a. [lJ Mall. I am a resident of or employed in the county where tt'le mailing occurred,

(1) I Bnclosed a copy in an en'ielope and

(a} 0 ti&posltetl the sealed envelope with the United Slates Postal service, with tl'ie postage fully-prepaid,

(b) [lJ placed the envelope for colleetion and mailing on the date and at the place shown In items helow, following our ordinary business practices. I am readily familiar with this buslness's practice for collecting and prt:lcessing correeocndence for mailing, on the same day' 1M! correspondence Is placed for collection and mailing. it is deposited in the ordinary course of business with the United Slates Pos\al Ser...ice, In a sealed envelope with postage fi,Jlly prepaid.

(~ rne envelope was addressed and mailed as follow:5:

(a) Name ofper:oon served: See Attached Service List (b) Address on envelope:

See Attached Service List

(e) Date of mailing;

(d) PIOIce of mamng (cfty and sta(s): San Marino, CA

b. 0 Per.:Qnal dollvery, I personally delivered a copy as follows;

(1) Name of person served:

(2) Ml;lress where delivered:

(3) Date delivered: (4) Time delivered:

I declare under.penalty t:lf pe~ul)" under the laws t:lf the State of California that the foregOing is true and correct.

(TYPE: OR PRINT NAME:)

Constance S. Ruffley

... ~!"o002 IRov. J8n~ry 1, 2007)

NOTICE OF APPEAL/CROSS-APPEAL (UNLIMITED CIVIl. CASE) (Appellate)

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SERVICE LIST

(Sturgeon v. County of Los Angeles, et al., Case No. Be 351286)

Counsel for Defendants County of Los Angeles, et al.:

Elwood Lui, Esq. Brian Hershman, Esq. JONES DAY

555 South Flower Street Fiftieth Floor

Los Angeles, CA 90071-2300

Counsel for Intervenor Superior Court for the State of California, County of Los Angeles:

Theodore J. Boutrous, Jr., Esq. Kahn A. Scolnick, Esq.

GIBSON, DUNN & CRUTCHER, LLP 333 South Grand Avenue

Los Angeles, CA 90071-3197

Trial Judge. sitting by designation:

The Hon. James A. Richman Associate Justice

Court of Appeal, First Appellate Dist., Div, Two 350 McAllister Street

San Francisco; CA 94102

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APP..o03

ATtORNeY OR PI'-I'I.TV WITHOUT An'QRNEY JIV~I1l8. Sjo~ 5ar nutnller, and ~dd!t3SS'J; FOR COURT vs~ ONLY
Sterli~ E. Norris ~SBN 0409 3)
_ JUDI AL WAT H, me.
2540 Huntin~n Drive, Suite 201
San Marino, A 91108-2601 FAX NO. ((lp6Qri8/).· (626) 237-2003 ORIGINAL FI~ED
TS-EPHOr-iE NO.; (626) 287-4540
e.MAlI. ADDReSS (OptIQn;JI):
ATTORNEY FOFl (Name); Plaintiff Harold P. Sturgeon
SUI"ERIOR COURT Of CALIFORtIIlA, COUNlY Or Los Angeles S£P 28 2009
$TRE~ ADORES$: 111 North Hill Street
MAILING AD~RESS: CIVIL APPEALS
CITY AND ZIP COCE: Los Angeles, CA ROOM 111
el'lANCH NAM!;~
PLAINTII'FIPETITIONER Harold P. Sturgeon
DEFENDANT/RESPONDENT; County of Los Ang..eies, et at
APPELLANT'S NOTiCe DESIGNATING RECORD ON APPEAL SUpoJnor Coun case Nu~
(UNLIMITED CIVIL CAS!:.) BC351286
RE! Appeal nlad 00 (d~Ie!: September 28, 2009 Court Qf Appeal C~~e NumlJer (if ~nownJ;
Notice; Please read Information on Appeal Procedures for Unlimited Civil Cases (form APP-001) before
completing this form. This form must be filed In the superior court, not In the Court of Appeal. RECORD OF THE DOCUMENTS FILED IN THE TRIAL COURT

1. I elect to use the following method of providing the Court of Appeal with a record of the documents filed in the trial court (check a, b, c, a, or e and fill in any requiied information):

a. [2] A clerk's transcript under rule 8.122 (You must check (1) or (2) and flU out the clerk's transcript section on page 2 of this form.) (1) I1J I will pay the trial court clerk for this transcript myself when I receive the clerk's estimate of the costs of this lranscript.

I understand that if I do not pay for this transcript, it will not be prepared and provided to the Court of AppeOlI.

(2) 0 I am ;l:;;king that the clerk's transenpt be provided to me at no cost because I cannot afford to pay this cost I have attached the following document (check fa) or (b);

(a) 0 An order granting a waiver of court fees and costs under rule 3.50 et seq.; or

(b) 0 An application for a waiver of court fees and costs under rule 3.50 at seq. (Use ApplFcation for Waiver of Court Fees and Costs (form FW-001) to prepare and me this application.)

b. 0 An appendix under rule 8.124.

c. 0 The original superior court file under rule 8.128. (NOTE: Local rules in the Court of Appeal, Firs~ Third, Fourth, and Fifth AppeJiate DistriCts, permit partie$ to stipu/~te to usa the original $uperior court file Instead of iii clerk's transcript; you may selact this option if your appeal is in one of these districts and aU the pariies have sfipulated to use the original superior court file instead of a clark's transcript in this case. Attach a copy of this stipulation.)

d.D An agreed statement under rule 8.134 (You must complete item 2b(2) below and attach to your agreed statement copies of all the documents that are requtrea to be Included in the derk's transcript. These documents are listed In rule 8. 134(a).}

e.D A settled statement under rule 8.137. (You ml)St complete item 2b(3) below and attach to your proposed statement on appeal copies of ell the documents that are reqllired to be included in the clerk's tnmscript. These documents are J/swi;l in rule

8. 137(b)(3).}

RECORD OF ORAL PROCEEDINGS IN THE TRIAL COURT 2, I elect to proceed:

a.D WITHOUT a record of the oral proceeding in the trial court. I understand that without a record of the oral proceeding in the trial court, the Court of Appeal will not be able to consider what was said during those proceedings in determining whether the t[i::;ll court made an error.

b. [{] WITH the following record of the oral proceeding in the trial court:

(1) 0 A reporter's transcript under rule 8.130 (You must tiff out the reporter's transcript section on PifJge 3 of this form.) (2) 0 An agreed statement (Check and complete either (a) or (b) belOW.)

(a) 0 I have attached an agreed statement to this notice.

(b) 0 All the parties have OIgreed in writing (stipulated) to til' to agree on a statement. (You must attach a copy of this stipulation to this notice.) I understand that, within 40 days after I file the notice of appeal, I must file either the agreed statement or a notice indicating the parties were unable to agree on a statement and a new notice designating the record on appeal.

(3) 0 A settled statement under rule 8.137 (You must attach the motion required under rule 8. 137(a) to this form.)

FbIr'ol Appr~vrodfoWllllon91 u,,~ Judicial Council ~F C,MomiQ APP.(l~ lR<Jv. J~~LJary 1. 20081

APPE:LLANT'S NOTICE DESIGNATING RECORD ON APPEAL (Unlimited Civil Case)

Gal. Flules 01 Court, rulllS :I.QQ.

B.121..-l1.124. 8.128. B.130. S.134, 8,137 ww.'I.alUf1lnfO.!;O'.l1"v

Americozn L"I1~INet. Inc. WWf'.Fcm'l~IMJrld/DW.~Qm

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APP-003

CASE NAME; Sturgeon v. County of Los Angeles, et al.

CASE NUMBER~

BC351286

NOTICE DESIGNATING CLERK"S TRANSCRIPT

You must complete this section if you checked item i.a. above indicating that you elect to use a clerk's transcript as the record of the documents filed in the trial court.

3. RElquirt:d documents. The clerk will automatically include the following items in the clerk's transcript;

a. Notice of appeal

b. Notice designating record on appeal (tfits dooument)

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 10 vacate the judgment, for Judgment notwithstanding the verdict, or for reconsideration oi an appealed order (if any)

f. Ruling on one or more of the items listed in e.

g. Register of actions or docket

4. Additional documents. If you want any documents from the trial court proceeding in addition to the items listed above to be Included in the clerk's transcript, you must identify those documents here.

I would like the clerk to include in the transcript the following documents from the trial court proceeding (You must identify eaoh document you want indudad by its title and provide the data it was flied, if you know it):

'-~_=_: ".,.." ~ ...:D::..;o:;;.;c;.;;u;.;.;m~e:.:cn:.;;;t..;.T.;.;;itl;;:ec...::<I~n;.;;d;..;D;;..:es=c.:.;rll;;.pt;;;;io;;.:n.:....-. ~~ __ J_J I Oate of Filing

h. Order " July 27) 2009

L Reply in Support of Los Angeles Superior Court's Motion for Summary June 15~ 2009

Judgnnent "

l- Reply in Support of Defendants' Motion for Summary Judgment June 15~ 2009

[2] See addltionOlt page!>

5. Exhibits to be Included in clerk's transeript, I would like the clerk to include in the transcript the following exhibits that were admitted in evidence, refused, or lod\;jed in the trial court (for each exhioi~ give the exhibit number, such as Ptaintiff's #1 or Defendant's A, and a brief desorlption of tha exhibit and indicate whether or !"lOt the court admitted the exhibitinto evidence):

, Exhibit Number I I Description = I [A..dmitted (Yes/No) I

a.

b.

c.

D See additional pages

6. Record of administrative proceeding to be transmitted to the reviewing court. I would like the clerk to transmit to the revieWing court under rule 8,123 the record of the following administrative proceedlng that was admitted into evidence, refused, or lodged in th~ trial court (give. the title and date or dates of the administrativE! proceeding):

I: Title of Administrative Proceeding I .... I--~D-a-te-o-r-D-a-te-s-----,

APPELLANT'S NOTICE DESIGNATiNG RE.CORD ON APPEAL (Unlimited Civil Case)

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I=CASE NAME: Sturgeon v. County of Los Angeles) et at.

Af'P-OG3

I CASEN\JMBER: BC351286: = I

NOTICE DESIGNATING REPORTER'S TRANSCRIPT

You must complete this section if YOLI checked item 2.b(1) above indicating that you elect to use a reporter's transcript as the record of the oral proceedil"1gs in the trial court. Please remember that you must pay for the cost of preparing the reporter's transcript.

7. D I request that the reporterts) provitl!!: my copy of the reporter's transcript in computer-readable format. (Code Gilt. Proc., § 271; Cal. Rules of Court, rule B.130(f)(4J.)

8. m Proceedings. I would like tile following proceedlnqs in the trial court to be Included in the reporter's transcript (You must identify eacn proceeding you want included by its date, the department In which it took place, a description of the proce8dings-for example the examination of jUrors, motions before trial, the taking of testimony, Of the giving of jury instruc;;tions----and, If you know it, the nama of the court report&r w/10 recorded the proceedings.):

I ~Date IIDepartmBntll~ulllPartial carll Description of Proceedings II Reporter's Name J

9. 07/13/09 45 Partial Summary Judgment Hearing Roy H. Pitluk

b.

c.

d.

e.

f.

g.

h.

L

o See additional pages

Date: 9 12.. ~I 0"\

(TYPIO OR PRINT NAME)

Sterling E. Norris

APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL (Unlimited Civil Case)

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Sturgeon v. Los Angeles County, et al, (Continuation of Clerk's Transcript)

k.

Plaintiffs Reply to Intervenor's Opposition to Motion for Summary Judgment

1.

Plaintiffs Reply to Defendants' Opposition to Motion for Summary Judgment

lU.

Intervenor Los Angeles Superior Court's Second Request for Judicial Notice in Opposition of Plaintiffs Motion for Summary Judgment

n,

Intervenor Los Angeles Superior Court's Response to Plaintiff's Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment

o.

Intervenor Los Angeles Superior Court's Opposition to Plaintiffs Motion

for Summary Judgment . "

p.

Defendants' Response to Plaintiffs Separate Statement of Undisputed Material Facts in Support of Plaintiff's Motion for Summary Judgment

q.

Defendants' Memorandum of Points and Authorities in Opposition to Plaintiffs Motion for Summary Judgment

r.

Declaration of Paul J. Orfanedes in Opposition to Defendants' and Intervenor's Motions for Summary Judgment

s.

Plaintiffs Response to Intervenor's Separate Statement of Undisputed Facts; Plaintiffs Statement of Additional Material Facts

t.

Plaintiffs Opposition to Intervenor's Motion for Summary Judgment

u.

Plaintiffs Response to Defendants' Separate Statement of Undisputed Facts; Plaintiffs Statement of Additional Material Facts

v,

'Plaintiffs Opposition to Defendants' Motion for Summary Judgment

w,

Intervenor Los Angeles Superior Court's Request for Judicial Notice in Support of Motion for Summary Judgment

x.

Intervenor Los Angeles Superior Court's Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment

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Sturgeon v, Los Angeles County, et al. (Continuation of Clerk's Transcript)

y. Intervenor Los Angeles Superior Court's Notice of Motion and Motion for Summary Judgment; Memorandum of Points and Authorities in Support of Motion

z. Defendants' Request for Judicial Notice in Support of Motion for Summary Judgment

aa. Defendants' Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment, or. in the Alternative, for Summary Adjudication

bb, Defendants' Memorandum of Points and Authorities in Support of Motion for Summary Judgment

cc. Defendants' Notice of Motion and Motion for Summary Judgment

dd, Plaintiff's Request for Judicial Notice in Support of Plaintiffs Motion for Summary Judgment; Memorandum of Points and Authorities; Declaration of Sterling E. Norris

ee, Declaration of Sterling E. Noms in Support of Plaintiffs Motion for Summary Judgment

if. Plaintiffs Separate Statement of Undisputed Material Facts in Support Plaintiffs Motion for Summary Judgment

gg. Plaintiffs Memorandum of Points and Authorities in Support of Plaintiffs Motion for Summary Judgment

hh. Plaintiffs Notice of Motion and Motion for Summary Judgment

11. Plaintiff's Answer to Complaint in Intervention

jj _ . Complaint in Interven.tion

kk. Defendants' Answer to Plaintiffs Unverified Complaint for Declaratory and Injunctive Relief

11. . Complaint for Declaratory and Injunctive Relief; Demand for Jury Trial

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10

PROOF OF SERVICE BY MAIL

" r am employed in the County of Los ~geles, State of9alifomi~. I am o!'er the .age of18

and not a party to the within action. My business address IS 2540 Huntington Drive, Suite 201, San Marino, California 91108.

On September 28,2009, I served the foregoing document described as:

APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL

by placing a true and correct copy thereof in a sealed envelope addressed as follows:

Elwood Lui, Esq. Brian Hershman, Esq. JONES DAY

555 South Flower Street Fiftieth Floor

Los Angeles, CA 90071-2300

Theodore J. Boutrous, Jr., Esq.

11 Kahn A. Scolnick, Esq. " .

GIBSON~ DUNN & CRUTCHER, LLP

12 333 South Grand Avenue

Los Angeles, CA 90071-3197

13

The Honorable James A. Richman

14 Associate Justice

Court of Appeal, First Appellate Dist., Div. Two

15 350 McAllister Street San Francisco, CA 94104

16

I caused such envelope to be deposited in the U.S. mail, with postage thereon fully

17 prepaid, at San Marino, California. I am "readily familiar' with the firm's practice of collecting and processing correspondence for mailing. Under that practice, it would be deposited with the 18 U.S. Postal Service on that same day, with postage thereon fully prepaid, at San Marino, California in the ordinary course of business. I am aware that on motion of the party served,

19 service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing affidavit.

I declare that I run employed in the office of a member ofthe bar of this Court at whose 21 direction the service was made.

22 I declare under penalty of perjury of the laws of the State of California that the foregoing

is true "and correct and that this declaration was executed on September 28l 2009 at San Marino, 23 California.

24 25 26 27

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