July 16, 2004

Ford Crawford Greene
Hub Law Offices
711 Sir Francis Drake Blvd
San Anselmo, CA 94960-1949

Dear Counsel:

A copy of the notice of appeal or designation which indicates an election to proceed under rule 5.1 has been received by this court.

If a notice of the election to proceed under California Rules of Court, rule 5.1, without notice to prepare a reporter's transcript, was filed by one of the parties, the opening brief is due within 70 days after the filing of the election.

If a notice of the election to proceed under California Rules of Court, rule 5.1, with notice to prepare a reporter's transcript was filed by one of the parties, a notice scheduling the opening brief will be issued by this Court upon filing of the reporter's transcript(s).

If during the trial court proceedings, the appellant arranged for the preparation of one or more reporter's transcript directly with the court reporter and that transcript is now intended for review on appeal, the original transcript may be substituted in lieu of a written designation for that proceeding(s). (Cal. Rules of Court, rule 4(b)(3).) This is not intended to allow the circumvention of the designation procedures for reporter's transcripts outlined in rule 4(a)(1) of the California Rules of Court.

Reporter's transcripts are not to be included in any appendix.

ltz