No Value: Brilliant vs Black

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                                1     DAVIN R. BACHO (SBN 282613)
                    CLEMENT, FITZPATRICK & KENWORTHY
              2     3333 Mendocino Avenue, Suite 200
                    Santa Rosa, CA       95403
              3     Telephone: (707) 523-1181
              4     Facsimile: (707) 546-1360
                    dbacho@cfk.com
              5
                    Attorneys for Plaintiffs Barry Brilliant
              6     and Dagmar K. Hoheneck-Smith
              7
                                              SUPERIOR COURT OF THE STATE OF CALIFORNIA
              8
                                                                 COUNTY OF SONOMA
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            10       BARRY BRILLIANT, an individual; and                           Case No.    SCV-267406
                     DAGMAR K. HOHENECK-SMITH, an
            11       individual and as trustee of THE DAGMAR
                     HOHENECK-SMITH TRUST dated                                    AMENDMENT TO FIRST AMENDED
            12       December 14, 2010,
                                                                                   COMPLAINT TO SUBSTITUTE TRUE
            13                        Plaintiffs,                                  NAME OF DOE DEFENDANT
            14           vs.
            15       MITCHELL G. BLACK, an individual and                          Hon.:    Jennifer V. Dollard
                     dba BLACK KNIGHT VINEY ARDS;                                  Dept.:   18
            16       DEANNE G. BLACK, an individual and
                     dba BLACK KNIGHT VINEYARDS; and
            17       DOES ONE through TWENTY, inclusive,
                                                                                   (Unlimited Civil)
            18                    Defendants.
            19
            20       AND RELATED CROSS-ACTIONS

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            23              Upon the filing of the complaint, Plaintiffs, being ignorant of the true names of the
            24     defendants and having designated the defendants in the First Amended Complaint by fictitious
            25     names and having discovered the true names of said fictitious defendants, Plaintiffs amend the First
            26     Amended Complaint, pursuant to California Code of Civil Procedure§ 473(a)(l), by substituting the
            27     true names for the fictitious names wherever they appear in the First Amended Complaint as
            28     follows:


                    AMENDMENT TO FIRST AMENDED COMPLAINT TO SUBSTITUTE TRUE NAME OF DOE DEFENDANT
              1              DOE 1 shall hereinafter be named Black Knight Vineyards LLC.
              2     Dated: August) 0, 2022                        CLEMENT, FITZPATRICK & KENWORTHY
              3
              4
                                                                             /_;.-
                                                                  By: _____________
                                                                           DAVIN R. BACHO
              5                                                            Attorneys for Plaintiffs Barry Brilliant
              6
                                                                           and Dagmar K. Hoheneck-Smith

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                     AMENDMENT TO FIRST AMENDED COMPLAINT TO SUBSTITUTE TRUE NAME OF DOE DEFENDANT
               1                                              PROOF OF SERVICE

               2             I am   a citizen  of the   United   States.   My   business    address   is 3333   Mendocino Avenue,
                    Suite  200,  Santa   Rosa,   California   95403.    I am   employed     in the County     of Sonoma where       this
               3    service occurs.    I am over the age of 18 years and not a party to the within cause.
               4             On August 26, 2022, I served the attached AMENDMENT TO FIRST AMENDED
                    COMPLAINT TO SUBSTITUTE TRUE NAME OF DOE DEFENDANT
               5

               6            D     BY MAIL:        I am readily familiar with my employer's normal business practice
                                  of collection and processing of correspondence for mailing. Under that practice,
               7                  correspondence is deposited with the U.S. Postal Service that same day in a
                                  sealed envelope(s) with postage thereon fully prepaid at Santa Rosa, California,
              8                   in the ordinary course of business.
              9             1:8'.1BY eSERVICE:          Pursuant to Code of Civil Procedure section 1010.6 and
                                  California Rules of Court section 2.256(a)(4), I caused such documents to be
             10                   served by an electronic filing service and/or email on this date to all parties
                                  listed below at the email address(es) listed below.          My eService address is
             11                   clawrence@cfk.com.

             12             D     BY OVERNIGHT DELIVERY: I caused such envelope(s) to be delivered on
                                  the same day to an authorized courier or driver or to a regular box or other
             13                   facility regularly maintained by FEDERAL EXPRESS with delivery fees
                                  provided for, addressed to the person(s) on whom it is to be served.
             14
                   on the interested party(ies) in this action addressed as follows:
             15
                       Mitchell B. Greenberg, Esq.                             Attorneys for Defendants
             16        Daniel J. Wilson, Esq.
                       Abbey, Weitzenberg, Warren
             17        & Emery, P.C.
                       100 Stony Point Road, Suite 200
             18        Santa Rosa, CA       95401
                       mgreenberg@abbeylaw.com
             19        dwilson@abbeylaw.com
            20

            21           1:8'.1  STATE:      I declare under penalty of perjury under the laws of the State of
                                 California that the above is true and correct.
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                            Executed on August 26, 2022 at Santa
            23                                                            ��
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                                                                     Christine Lawrence
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                                                                  PROOF OF SERVICE