WILLIAMS VS. FOUNDATION PHYSICIANS MEDICAL GROUP, ET AL.

CASE NUMBER: 22CV-0201099 Tentative Ruling on Notice of Motion and Motion to Modify Designation of Record Filed by Plaintiff: Defendants, Foundation Physicians Medical Group, Inc., Dignity Health Medical Foundation, Commonspirit Health, and Bradley Walker, seek to modify the designation of record from an appendix to the clerk’s transcripts regarding the appeal filed by Plaintiff, Shawni Williams. Plaintiff did not file an opposition.

CRC 8.124 governs the rule regarding the election and use of an appendix in lieu of clerk’s transcripts on appeal. CRC 8.124(a)(1) specifically provides, “Unless the superior court orders otherwise on a motion served and filed within 10 days after the notice of election is served, this rule governs if: (A) The appellant elects to use an appendix under this rule in the notice designating the record on appeal under rule 8.121; or (B) The respondent serves and files a notice in the superior court electing to use an appendix under this rule within 10 days after the appellant's notice designating the record on appeal is filed and no waiver of the fee for a clerk's transcript is granted to the appellant. If the appellant has a fee waiver, the respondent cannot elect an appendix instead of a clerk's transcript.

Plaintiff filed a Notice of Designation electing to use an appendix on April 3, 2026. The notice was served by electronic service on April 2, 2026. The present motion was filed on April 14, 2026, 12 days after the motion was served. CCP § 1010.6(a)(3) allows electronic service of a document that may be served by mail or fax and provides a two-day extension for any act or response to be made. Here, because the Notice of Designation was served by electronic service, Defendants had 12 days to file the present motion. The motion was timely filed. Plaintiff has not opposed the motion. Defendants have established good cause to support the use of the clerk’s transcripts in lieu of an appendix.

The Motion is GRANTED. The clerk’s transcript shall be provided to the Court of Appeal as record of the documents filed in the superior court pursuant to CRC 8.122. Defendants provided a proposed Order that will be executed by the Court.

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