Keyes V Bowen (appeal) - Appellant's Notice Designating Record -defaultdms

OR!G!NAL APP-003 FOR COURT" USE ONLY

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address)

GARY G. KREEP, ESQ. (SEN 0 6 6 4 8 2 ) ~ LAW OFFICE OF GARY G. KREEP 932 D STREET, SUITE 2 RAMONA, CA 9 2 0 6 5 TELEPHONED ( 7 6 0 )

788-6624

E-MAIL ADDRESS (Optional) ATTORNEY FOR (Name) KEYES ,

DRAKE,

FAX NO foptonaj ( 7 6 0 ) AND

788-6414

ROBINSON

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO STREETADDRESS 720 Ninth Street, Room 102 MAILING ADDRESS same as above CITY AND ZIP CODE Sacramento, CA 95814-1380 BRANCH NAME GORDON D. SCHABER COURTHOUSE PLAINTIFF/PETITIONER DEFENDANT/RESPONDENT

ETTLTaH-StCL

I

AUG 1 0 2009

BY

•""/ „

(_ ^

'—

Deputy Clerk

KEYES, DRAKE, AND ROBINSON BOWEN, OBAMA, BIDEN, ET AL .

APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL (UNLIMITED CIVIL CASE)

Superior Court Case Number

3 4 - 2 0 0 8 - 8 0000096-CU-WM Court of Appeal Case Number (if known)

RE Appeal filed on (date)

06/19/2009

C062321

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, d, ore and fill in any required information): a I X I A clerk's transcript under rule 8.122 (You must check (1) or (2) and fill out the clerk's transcript section on page 2 of this form ) (1 ) I X 1 1 will pay the trial court clerk for this transcript myself when I receive the clerk's estimate of the costs of this transcript. I understand that if I do not pay for this transcript, it will not be prepared and provided to the Court of Appeal (2) | 1 1 am asking that the clerk's transcript be provided to me at no cost because I cannot afford to pay this cost I have attached the following document (check (a) or (b)). (a) P I An order granting a waiver of court fees and costs under rule 3 50 et seq ; or (b) r I An application for a waiver of court fees and costs under rule 3.50 et seq (use Application for Waiver of Court Fees and Costs (form FW-001) to prepare and file this application.) b. I I An appendix under rule 8.124. c. | | The original superior court file under rule 8.128. (NOTE: Local rules in the Court of Appeal, First, Third, Fourth, and Fifth Appellate Districts, permit parties to stipulate to use the original superior court file instead of a clerk's transcript, you may select this option if your appeal is in one of these districts and all the parties have stipulated to use the onginal supenor court file instead of a clerk's transcript in this case. Attach a copy of this stipulation ) d | ] An agreed statement under rule 8.1 34 (You must complete item 2b(2) below and attach to your agreed statement copies of all the documents that are required to be included in the clerk's transcript. These documents are listed in rule 8. 134(a).) e | 1 A settled statement under rule 8.137. (You must complete item 2b(3) below and attach to your proposed statement on appeal copies of all the documents that are required to be included in the cleft's transcript. These documents are listed in rule 8.137(b)(3)) RECORD OF ORAL PROCEEDINGS IN THE TRIAL COURT 2 I elect to proceed: a. | 1 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 trial court made an error. b. rx~1 WITH the following record of the oral proceeding in the trial court: (1) DO A reporter's transcript under rule 8.130. (You must fill out the reporter's transcript section on page 3 of this form.) (2) I I An agreed statement (Check and complete either (a) or (b) below.) (a) CD I have attached an agreed statement to this notice. (b) d] All the parties have agreed in writing (stipulated) to try to agree on a statement (You musf 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) | | A settled statement under rule 8. 1 37 CYou must attach the motion required under rule 8. 137(a) to this form) ^ ^ ^ Form Approved for Optional Use Judicial Council of California APP-003 [Rev January 1, 2008]

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

Cal Rules of Court, rules 3 50, 8 121-8 124, 8 128, 8 130, 8 134, 8 137 IS"

APP-003 CASE NAME KEYES,

ET A L . ,

V.

BOWEN, ET AL.

CASE NUMBER 3 4 - 2 0 0 8 - 8 0 0 0 0 0 9 6

NOTICE DESIGNATING CLERK'S TRANSCRIPT You must complete this section if you checked item 1 .a. above indicating that you elect to use a clerk's transcript as the record of the documents filed in the trial court. 3 Required documents. The clerk will automatically include the following items in the clerk's transcript: a. Notice of appeal b.

4

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. g.

Ruling on one or more of the items listed in e. Register of actions or docket

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 each document you want included by its title and provide the date it was filed, if you know it): |

Document Title and Description

|_X I

11

Date of Filing

I

See additional pages

Exhibits to be included in clerk's transcript. I would like the clerk to 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 Plaintiffs #1 or Defendant's A, and a brief description of the exhibit and indicate whether or not the court admitted the exhibit into evidence). \

Exhibit Number

| [

Description

| [

Admitted (Yes/No)

a. b.

I

6.

|

See additional pages

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 proceeding that was admitted into evidence, refused, or lodged in the trial court (give the title and date or dates of the administrative proceeding): |

App-oos [Rev January 1.2008]

Title of Administrative Proceeding

11

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

Date or Dates

|

p

"9e2 of 3

APP-003 CASE NAME: KEYES,

ET AL. , v.

BOWEN, ET AL.

CASE NUMBER'

34-2008-80000096-

NOTICE DESIGNATING REPORTER'S TRANSCRIPT You must complete this section if you checked item 2b(1) above indicating that you elect to use a reporter's transcript as the record of the oral proceedings in the trial court. Please remember that you must pay for the cost of preparing the reporter's transcript 7 I

I I request that the reporter(s) provide my copy of the reporter's transcript in computer-readable format. (Code Civ. Proc, § 271; Cal. Rules of Court, rule 8.130(f)(4).)

8 fx"1 Proceedings. I would like the following proceedings in the trial court to 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—and, if you know it, the name of the court reporter who recorded the proceedings): Date

Department] | Full/Partial Day|

a. 03/13/09 31

PARTIAL

Description of Proceedings

HEARING ON DEMURRER WRIT OF MANTADE

Reporter's Name K.

VAN WINKLE

b.

c. d. e.

h.

I

| See additional pages

Date: 8 / 7 / 2 0 0 9

GARY G. KREEP (TYPE OR PRINT NAME)

v January i. 2008)

(SIGNATURE OF APPELLANT OR ATTORNEY)

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

Page 3 of 3

BOWEN, OBAMA, BIDEN, et al. Sacramento Superior Court Case No. 34-2008-80000096-CU-WM-GDS Page 1 ATTACHMENT TO: APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL (UNLIMITED CIVIL CASE) NOTICE DESIGNATING CLERK'S TRANSCRIPT 4. Additional Documents Document Title and Description

Date of Filing

1.

Petition for Writ of Mandate

11/13/2008

2.

Declaration of Markham Robinson

11/13/2008

3.

Notice Of Case Assignment

11/13/2009

4.

Civil Case Cover Sheet

11/14/2008

5.

Proof of Service - PERSONAL - Robert "Bob" Handy

12/8/2008

6.

Proof of Service - PERSONAL - William Ayer

12/8/2008

7.

Proof of Service - PERSONAL - Lawrence DuBois

12/8/2008

8.

Proof of Service - PERSONAL - Gwen Moore

12/8/2008

9.

Proof of Service - PERSONAL - James Yedor

12/8/2008

10.

Proof of Service - PERSONAL - Joe Perez

12/8/2008

11.

Proof of Service - PERSONAL - Bobby Glaser

12/8/2008

12.

Proof of Service - PERSONAL - Christine Young

12/8/2008

13.

Proof of Service - PERSONAL - Mary Hubert

12/8/2008

14.

Proof of Service - PERSONAL - Michael McNerney

12/8/2008

15.

Proof of Service - PERSONAL - Aaruni Thaker

12/8/2008

16.

Proof of Service - PERSONAL - Roberta Brooks

12/8/2008

17.

Proof of Service - PERSONAL - Sid Voorakara

12/8/2008

BOWEN, OBAMA, BIDEN, et al. Sacramento Superior Court Case No. 34-2008-80000096-CU-WM-GDS Page 2 ATTACHMENT TO: APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL (UNLIMITED CIVIL CASE) NOTICE DESIGNATING CLERK'S TRANSCRIPT 4. Additional Documents 18.

Proof of Service - PERSONAL - Kenneth Sulzer

12/8/2008

19.

Proof of Service - PERSONAL - Sanford Weiner

12/8/2008

20.

Proof of Service - PERSONAL - Juadina Stallings

12/8/2008

21.

Proof of Service - Gregory Willenborg

12/8/2008

22.

Proof of Service - PERSONAL - Nancy Parrish

12/8/2008

23.

Proof of Service - James Farley

12/8/2008

24.

Proof of Service - Anthony Rendon

12/8/2008

25.

Proof of Service - PERSONAL - Alma Marquez

12/8/2008

26.

Proof of Service - Lou Paulson

12/8/2008

27.

Proof of Service - PERSONAL - Patrick Kahler

12/8/2008

28.

Proof of Service - Karen Waters

12/8/2008

29.

Proof of Service - PERSONAL - Silissa Uriarte-Smith

12/8/2008

30.

Proof of Service - Nathan Brostrom

12/8/2008

31.

Proof of Service - PERSONAL - Greg Warner

12/8/2008

32.

Proof of Service - MAILING - Ray Cordova

12/8/2008

33.

Proof of Service - PERSONAL - Robert Conaway

12/8/2008

34.

Proof of Service - MAILING - Gregory Willenborg

12/8/2008

3 5.

Proof of Service - PERSONAL - Betty McMillion

12/8/2008

BOWEN, OBAMA, BIDEN, et al. Sacramento Superior Court Case No. 34-2008-80000096-CU-WM-GDS Page 3 ATTACHMENT TO: APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL (UNLIMITED CIVIL CASE) NOTICE DESIGNATING CLERK'S TRANSCRIPT 4. Additional Documents 36.

Proof of Service - PERSONAL - Mark Macarro

12/8/2008

37.

Proof of Service - PERSONAL - Gregory Olzack

12/8/2008

38.

Proof of Service - PERSONAL - Jamie Alvarada

12/10/2008

39.

Proof of Service - PERSONAL - Nathan Brostrom

12/10/2008

40.

Proof of Service - PERSONAL - James Paul Farley

12/10/2008

41.

Proof of Service - PERSONAL - Greg Warner

12/10/2008

42.

Proof of Service - PERSONAL - Christine Young

12/10/2008

43.

Proof of Service - PERSONAL - Lou Paulson

12/10/2008

44.

Proof of Personal Service - Petition - Fred Jackson

12/11/2008

45.

Proof of Personal Service - Petition - Bobby Glaser

12/11/2008

46.

Proof of Personal Service - Petition - Mark Friedman

12/11/2008

47.

Proof of Personal Service - Petition - Joe Baca Jr.

12/11/2008

48.

Proof of Personal Service - Petition - Mary W. Hubert

12/11/2008

49.

Proof of Personal Service - Petition - Debra Bowen

12/11/2008

50.

Proof of Personal Service - Petition - Richard Hundrieser

12/11/2008

51.

Proof of Personal Service - Petition - Audrey Gordon

12/11/2008

52.

Proof of Service by Mail - Petition - Alma Marquez

12/11/2008

53.

Proof of Personal Service - Petition - Elizabeth Keadle

12/11/2008

BOWEN, OBAMA, BIDEN, et al. Sacramento Superior Court Case No. 34-2008-80000096-CU-WM-GDS Page 4 ATTACHMENT TO: APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL (UNLIMITED CIVIL CASE) NOTICE DESIGNATING CLERK'S TRANSCRIPT 4. Additional Documents 54.

Proof of Personal Service - Petition - John Freidenrich

12/11/2008

55.

Proof of Personal Service - Petition - Aleita Huguenin

12/11/2008

56.

Proof of Personal Service - Petition - Ilene Haber

12/11/2008

57.

Proof of Personal Service - Petition - Mark Cibula

12/11/2008

58.

Proof of Service - PERSONAL filed. - Roberta Brooks

12/11/2008

59.

Proof of Personal Service - Petition - Barak Obama

12/11/2008

60.

Proof of Personal Service - Petition - Karen Waters

12/11/2008

61.

Proof of Personal Service - Petition - Anthony Rendon

12/11/2008

62.

Proof of Personal Service - Petition - Christine Young

12/11/2008

63.

Proof of Personal Service - Petition - Larry Sheingold

12/11/2008

64.

Proof of Personal Service - Petition - Joe Biden

12/11/2008

65.

Proof of Personal Service - Petition - Norma Torres

12/11/2008

66.

Proof of Personal Service - Petition - David Sanchez

12/11/2008

67.

Proof of Personal Service - Petition - Jeremy Nishihara

12/11/2008

68.

Proof of Service - PERSONAL - Jeremy Nishihara

12/11/2008

69.

Proof of Service - PERSONAL - Frank Salazar

12/11/2008

70.

Proof of Service of 30-day Summons & Complaint - Substitute - Stephen Smith 12/11/2008

BOWEN, OBAMA, BIDEN, et al. Sacramento Superior Court Case No. 34-2008-80000096-CU-WM-GDS Page 5 ATTACHMENT TO: APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL (UNLIMITED CIVIL CASE) NOTICE DESIGNATING CLERK'S TRANSCRIPT 4. Additional Documents 71.

Proof of Service of 30-day Summons & Complaint - Substitute - Mary Hubert 12/11/2008

72.

Proof of Service - PERSONAL - William Ayer

12/11/2008

73.

Proof of Service - PERSONAL - Joe Perez

12/11/2008

74.

Proof of Service - PERSONAL - Lane Sherman

12/11/2008

75.

Proof of Service - PERSONAL - Silissa Uriaate-Smith

12/11/2008

76.

Proof of Service - PERSONAL - Kenneth Sulzer

12/11/2008

77.

Proof of Service - PERSONAL - Sid Voorakkara

12/11/2008

78.

Proof of Service - PERSONAL - Aaruni Thakur

12/11/2008

79.

Proof of Service - PERSONAL - Greg Warner

12/11/2008

80.

Proof of Service - PERSONAL - Sanford Weiner

12/11/2008

81.

Proof of Service - PERSONAL - Kelly Willis

12/11/2008

82.

Proof of Service - PERSONAL - James Yedor

12/11/2008

83.

Proof of Service - PERSONAL - Christine Young

12/11/2008

84.

Proof of Personal Service - Petition - Ana Delgado Mascarenas

12/11/2008

85.

Proof of Personal Service - Petition - Gwen Moore

12/11/2008

86.

Proof of Service - MAILING - Obama and Biden

12/15/2008

87.

Proof of Service - MAILING

12/15/2008

88.

Notice of Hearing

12/11/2008

BOWEN, OBAMA, BIDEN, et al. Sacramento Superior Court Case No. 34-2008-80000096-CU-WM-GDS Page 6 ATTACHMENT TO: APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL (UNLIMITED CIVIL CASE) NOTICE DESIGNATING CLERK'S TRANSCRIPT 4. Additional Documents 89.

Request for Judicial Notice

12/11/2008

90.

Secretary of State Debra Bowen's Demurrer to Petition for Writ of Mandate 12/15/2008

91.

Notice of Hearing on Secretary of State Debra Bowen's Demurrer to Petition for Writ of Mandate 12/15/2008

92.

Memorandum of Points and Authorities in Support of Secretary of State Debra Bowen's Demurrer to Petition for Writ of Mandate 12115/2008

93.

Proof of Service-Jaime Alvarado

12/15/2008

94.

Proof of Service - Lou Paulson

12/15/2008

95.

Proof of Service of 30-day Summons & Complaint - Substitute - Vinz Roller 12/15/2008

96.

Proof of Service of 30-day Summons & Complaint - Substitute - Leroy King 2/15/2008

97.

Proof of Service of 30-day Summons & Complaint - Substitute - Anthony Rendon 12/15/2008

98.

Answer by Respondent Joe Perez to Petition for Writ of Mandate

12/16/2008

99.

Proof of Service - PERSONAL - Ana Delgado Mascarenas

12/16/2008

100.

Proof of Service - PERSONAL - Kelley Willis

12/16/2008

101.

Proof of Service - PERSONAL - Land Sherman

12/16/2008

102.

Proof of Service-MAILING-Joe Baca, Jr.

12/17/2008

103.

Proof of Service - PERSONAL - Greg Warner

12/17/2008

BOWEN, OBAMA, BIDEN, et al. Sacramento Superior Court Case No. 34-2008-80000096-CU-WM-GDS Page? ATTACHMENT TO: APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL (UNLIMITED CIVIL CASE) NOTICE DESIGNATING CLERK'S TRANSCRIPT 4. Additional Documents

,

104.

Proof of Service - PERSONAL - Nancy Parrish

12/17/2008

105.

Proof of Service - PERSONAL - Norma Torres

12/17/2008

106.

Proof of Service - Jaime Alvarado

12/18/2008

107.

Proof of Service of 30-day Summons & Complaint - Substitute - Ian Blue 12/22/2008

108.

Proof of Service of 30-day Summons & Complaint - Substitute - Nathan Brostrom 12/22/2008

109.

Substitution of Attorney

110.

Notice of Motion and Motion for Judgment on the Pleadings of California Elector Joe Perez as to Petition for Writ of Mandate of Ambassador Dr. Allan Keyes, Dr. Wiley Drake, Sr., and Markham Robinson 1/2/2009

111.

Memorandum of Points and Authorities in Support of Demurrer of President-Elect Barack Obama, Vice President-Elect Joe Biden, and 54 California Electors, and in Support of the Motion for Judgment on the Pleadings of California Elector Joe Perez 1/2/2009

112.

Notice of Demurrer and Demurrer of President-Elect Barack Obama, Vice PresidentElect Joe Biden, and 54 California Electors to Petition for Writ of Mandate of Ambassador Dr. Allan Keyes, Dr. Wiley Drake, Sr., and Markham Robinson 1/2/2009

113.

Request for Judicial Notice in Support of Demurrer of President-Elect Barack Obama, Vice President-Elect Joe Biden, and 54 California Electors, and in Support of the Motion for Judgment on the Pleadings of California Elector Joe Perez 1/2/2009

114.

Proof of Service - MAILING

115.

Notice of Application and Verified Application of Robbert F. Baur for Approval as Counsel Pro Hac Vice; Memorandum of Points and Authorities and Declaration of Michael J. Strumwasser In Support Thereof 1/5/2009

1/2/2009

1/2/2009

BOWEN, OBAMA, BIDEN, et al. Sacramento Superior Court Case No. 34-2008-80000096-CU-WM-GDS PageS ATTACHMENT TO: APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL (UNLIMITED CIVIL CASE) NOTICE DESIGNATING CLERK'S TRANSCRIPT 4. Additional Documents .116.

Notice of Lodging of Original Signatures and Proof of State Bar Payment in Support of the Pro Hac Vice Application of Robbert F. Baur 1 /22/2009

117.

Appendix of Non-California Authorities in Support of Demurrer of President Barack Obama, Vice President Joe Biden, and 54 California Electors to Petition for Writ of Mandate of Ambassador Dr. Allan Keyes, Dr. Wiley Drake, Sr., and Markham Robinson 1/22/2009

118.

Stipulation and Order to Continue Briefing and Hearing on Petitioners' Petition for Writ of Mandate 2/11/2009

119.

Notice of Motion and Motion to Quash of President Barack Obama, Vice President Joe Biden, and 54 California Electors, or in the Alternative, for an Order That the Deposition of The Custodian of Records of Occidental College Not Be Taken 2/11/2009

120.

Memorandum of Points and Authorities in Support of Motion to Quash of President Barack Obama, Vice President Joe Biden, and 54 California Electors, or in the Alternative, for an Order That the Deposition of The Custodian of Records of Occidental College Not Be Taken 2/11/2009

121.

Declaration of Frederic D. Woocher in Support of Motion to Quash of President-Elect Barack Obama, Vice President-Elect Joe Biden, and 54 California Electors, or in the Alternative, for an Order That the Deposition of The Custodian of Records of Occidental College Not Be Taken 2/11/2009

122.

Proof of Service - MAILING

123.

Petitioners' Points and Authorities in Opposition to Respondents' Motion for Judgment on the Pleadings 2/11/2009

124.

Paper Exhibits

125.

Returned Doc Form - RE Amended Petition cannot be filed as there is an Answer On File 2/11/2009

126.

First Amended Petition for Writ of Mandate

2/11/2009

2/11/2009

2/23/2009

BOWEN, OBAMA, BIDEN, et al. Sacramento Superior Court Case No. 34-2008-80000096-CU-WM-GDS Page 9 ATTACHMENT TO: APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL (UNLIMITED CIVIL CASE) NOTICE DESIGNATING CLERK'S TRANSCRIPT 4. Additional Documents 127.

Memorandum of Points and Authorities in Support of Secretary of State Debra Bowen's Demurrer to First Amended Petition for Writ of Mandate 2/23/2009

128.

Notice of Hearing on Secretary of State Debra Bowen's Demurrer to First Amended Petition for Writ of Mandate 2/23/2009

129.

Secretary of State Debra Bowen's Demurrer to First Amended Petition for Writ of Mandate 2/23/2009

130.

Stipulation and Order for Leave to File Amended Petition and to Shortened Briefing Schedule for Hearing on Demurrers 2/23/2009

131.

Correspondence

132.

Notice of Demurrer and Demurrer of President Barack Obama, Vice President Joe Biden, and 54 California Electors to Petitioners' First Amended Petition for Writ of Mandate 2/23/2009

133.

Memorandum of Points and Authorities in Support of Demurrer of President Barack Obama, Vice President Joe Biden, and 54 California Electors to Petitioners' First Amended Petition for Writ of Mandate 2/23/2009

134.

Proof of Service

135.

Request of President Barack Obama et al. For Judicial Notice in Support of Demurrer to Petitioners' First Amended Petition for Writ of Mandate 2/23/2009

136.

Letter dated 02/23/2009 removing from calendar Demurrer & Motion for Judgment on the Pleadings 2/24/2009

137.

Declaration of Gary G. Kreep in Support of Petitioners' Opposition to Respondents' Motion to Quash 2/26/2009

138.

Declaration of Service

2/23/2009

2/23/2009

3/2/2009

BOWEN, OBAMA, BIDEN, et al. Sacramento Superior Court Case No. 34-2008-80000096-CU-WM-GDS Page 10 ATTACHMENT TO: APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL (UNLIMITED CIVIL CASE) NOTICE DESIGNATING CLERK'S TRANSCRIPT 4. Additional Documents 139. Petitioners' Points and Authorities in Opposition to Respondents' Demurrer 3/4/2009 140.

Compendium of Federal Authorities Regarding Opposition to Respondents' Demurrer 2/26/2009

141.

Declaration of Gary G. Kreep in Support of Petitioners' Opposition to Respondents' Demurrer 4/4/2009

142.

Returned Document (Stipulation)

3/4/2009

143.

Stipulation Converting Subpoena into Touhy Demand

3/5/2009

144.

Reply Memorandum in Support of Motion to Quash of President Barack Obama, Vice President Joe Biden, and 55 California Electors, or in the Alternative, for an Order that the Deposition of the Custodian of records of Occidental College Not Be Taken 3/6/2009

145.

Reply of President Barack Obama, Vice President Joe Biden, and California Electors to Petitioners' to Petitioners' Opposition to Demurrer to First Amended Petition for Writ of Mandate 3/6/2009

146.

Reply Memorandum in Support of Secretary of State Debra Bowen's Demurrer to First Amended Petition for Writ of Mandate 3/6/2009

147.

Appendix of Non-California Authorities in Support of Demurrer of President Barack Obama, Vice President Joe Biden, and California Electors to Petitioners' First Amended Petition for Writ of Mandate 3/11/2009

148.

Minute Order

3/13/2009

149.

Minute Order

3/13/2009

150.

Minute Order

3/13/2009

BOWEN, OBAMA, BIDEN, et al. Sacramento Superior Court Case No. 34-2008-80000096-CU-WM-GDS Page 11 ATTACHMENT TO: APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL (UNLIMITED CIVIL CASE) NOTICE DESIGNATING CLERK'S TRANSCRIPT 4. Additional Documents 151.

Order Sustaining the Secretary of State's Demurrer to the First Amended Petition for Writ of Mandate Without Leave to Amend 3/23/2009

152.

Order RE: Motion to Quash of President Barack Obama, Vice President Joe Biden, and 55 California Electors, or in the Alternative, for an Order that the Deposition of the Custodian of records of Occidental College not Be Taken 3/23/2009

153.

Order RE: Demurrer of President Barack Obama, Vice President Joe Biden, and California Electors to Petitioners' First Amended Petition for Writ of Mandate 3/23/2009

154.

Order RE: Verified Application of Robert F. Bauer for Approval to Appear as Counsel Pro Hac Vice 3/23/2009

155.

Document Return Form

4/7/2009

156.

Judgment Dismissing First Amended Petition for Writ of Mandate

5/4/2009

157.

Notice of Entry of Judgment Dismissing First Amended Petition for Writ of Mandate 5/6/2009

158.

Memorandum of Costs (Summary)

5/18/2009

159.

Memorandum of Costs (Summary)

5/20/2009

160.

Judgment Dismissing First Amended Petition for Writ of Mandate (Updated with Costs Posted per Memorandum of Costs) 6/10/2009

POS-030 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and address)

FOR COURT USE ONLY

GARY G. KREEP (SBN 066482) LAW OFFICE OF GARY G. KREEP 932 D. STREET, SUITE 2 RAMONA, CA 92065 TELEPHONE NO (760)

788-6624

FAX NO (Optional) (760)

788-6414

E-MAIL ADDRESS (Optional)

ATTORNEY FOR w™) KEYES, DRAKE, AND ROBINSON SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO STREET ADDRESS 720 NINTH STREET, ROOM 102 MAILING ADDRESS same as above CITY AND ZIP CODE SACRAMENTO, CA 95814-1380 BRANCH NAME GORDON D. SCHABER COURTHOUSE PETITIONER/PLAINTIFF KEYES, DRAKE, AND ROBINSON RESPONDENT/DEFENDANT BO WEN, OBAMA, BIDEN, ET AL. CASE NUMBER

PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL

34-2008-80000096-CU-WM

(Do not use this Proof of Service to show service of a Summons and Complaint) 1 I am over 18 years of age and not a party to this action. I am a resident of or employed in the county where the mailing took place 2

My residence or business address is

932 D STREET, SUITE 2

RAMONA, CA 92065 3

On (date) 8/7/2009 I mailed from (city and state) RAMONA, CA the following documents (specify)

APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL AND ATTACHMENTS [

I The documents are listed in the Attachment to Proof of Service by First-Class Mail—Civil (Documents Served) (form POS-030(D))

I served the documents by enclosing them in an envelope and (check one) a I / I depositing the sealed envelope with the United States Postal Service with the postage fully prepaid b I I placing the envelope for collection and mailing following our ordinary business practices I am readily familiar with this busmess's practice for collecting and processing correspondence for mailing On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid The envelope was addressed and mailed as follows a Name of person served b Address of person served'

[ / I The name and address of each person to whom I mailed the documents is listed in the Attachment to Proof of Service by First-Class Mail—Civil (Persons Served) (POS-030(P)) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Date 8/7/2009

F.I .LIOT WILSON (TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM) Form Approved for Optional Use Judicial Council of California POS-030 [New January 1, 2005]

(SIGNATURE OF PERSON COMPLETING THIS FORM)

PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL (Proof of Service)

Code of Civil Procedure, §§ 1013, 1013a www courtinfo cagov

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POS-OSO(P) CASE NUMBER

SHORT TITLE KEYES, ET AL. v. BOWEN, ET AL.

34-2008-80000096-CU-WM

ATTACHMENT TO PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL (PERSONS SERVED) (This Attachment is for use with form POS-030) NAME AND ADDRESS OF EACH PERSON SERVED BY MAIL: Name of Person Served

Address (number, street, city, and zip code)

FREDRIC D. WOOCHER

10940 WILSHIRE BLVD, SUITE 2000 LOS ANGELES, CA 90024

PETER KRAUSE

1300 1 ST, SUITE 125, PO BOX 944255 SACRAMENTO, CA 94244-2550

K. VAN WINKLE COURT REPORTER

720 Ninth St, Room 102, Gordon D. Schaber Courthouse Sacramento, CA 95814-1380

Form Approved for optional use ATTACHMENT TO PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL

Judicial Council of California POS-030(P) (New January 1, 2005]

»n^ne»/->n«« »i-i-n»»-i->\ (PERSONS SERVED)

(Proof of Service)

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