2) But on page 2 first paragraph, it also calls itself "motion to request" .
I reread Rule 8.252(a) (1) which only requires "a separate motion with a proposed order" Does that mean I can simply re-title my "Request" as "Motion", then add a few lines as "Proposed Order" to get the format demand over with.
If there is difference between two documents "motion" and "request", please explain.
A: A "motion" is defined as a "request for an order." The substance of the pleading is what matters, not the name. I don't see any distinction between the two, but the appellate court clerk may reject it because it doesn't say "motion." So, call it a motion and refile it with a proposed order. I think your opponent may be elevating form over substance, because he/she enjoys trying to annoy you. But, as I have not read your "request," I can't really comment further.
3) Am I required to submit a Motion for JN? I dont think so but if yes, then why and pls cite.
A: Read the Rule 8.252. It expressly requires that "a party must serve and file a separate motion with a proposed order."
4) Does it matter if the documents being requested for JN must have been presented in the trial court for the same purpose? Or not bcs de novo review means starting the whole thing afresh.
A: Appellate courts must take judicial notice of (i) any matter properly noticed by the trial court, and (ii) any matter that the trial court was required to judicially notice under Evid. Code §§ 451 (matters which must be judicially noticed) or 453 (matters for compulsory judicial notice upon request). Evid. Code § 459(a).
Appellate courts have the option (not mandatory) to take judicial notice of any matter subject to discretionary judicial notice by the trial court under Evid. Code § 452. Evid. Code § 459(a); Larson v. State Personnel Bd. (1994) 28 CA4th 265, 270, 33 CR2d 412, 415, fn. 2
The point here is that if an item was judicially noticed in the trial court, then it's in the court record. But, just because it's there, doesn't mean that the appellate court must give it judicial notice. The reviewing court can rule on a previously noticed issue, based upon its inclusion in the trial court record, without giving it judicial notice, for example by determining that the court erred in giving the matter judicial notice. If you are concerned the reviewing court will not give judicial notice to a particular matter, then you can expressly request judicial notice of that matter (by motion for judicial notice under Rule 8.252).
5) In the attached exhibits, can I add my handwritten notes+comments in order to draw attention and to give meaning to certain words or sentence? Without them, hundreds of pages of documents would look like a jungle without meanings. Is there clear rule on this? Important bcs I am being attacked fro doing that, please cite.
A: Your handwritten notice are outside of the trial court record. As a basic principle of appellate review, proffered new evidence must enable the appellate court to affirm the judgment, not lead to a reversal; and appellate courts will not use Code Civ. Proc. (CCP) § 909 to resolve conflicts in the evidence or to substitute their own factual determinations for those of the trial court. Tupman v. Haberkern (1929) 208 C 256, 269, 280 P 970, 976; Philippine Export & Foreign Loan Guar. Corp. v. Chuidian (1990) 218 CA3d 1058, 1090, 267 CR 457, 474–475 (“The power to take evidence in the Court of Appeal is never used where there is conflicting evidence in the record and substantial evidence supports the trial court's findings”)
If you want to try to have the appellate court take evidence (rare as a snowstorm in Tahiti), then you must do so by separate motion. See Rule 8.252(c). But, as you can see from the case law cited above, you'll be denied, because you are seeking a reversal of the trial court judgment.
(I know this is a complex session)
A: If you mean that you intend to throw big green wads of money at me when this issue is resolved, then I thank you.
Hope this helps.