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MC-052
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT USE ONLY
Mitchell B. Greenberg, Esq. (114878); Daniel J. Wilson, Esq. (299239)
Abbey, Weitzenberg, Warren & Emery P.C.
100 Stony Point Road, Suite 200
Santa Rosa, CA 95401
TELEPHONE NO.: (707) 542-5050 FAX NO.:(707) 542-2589
ATTORNEY FOR (Name) : Defendants Mitchell G. Black, et al.
NAME OF COURT: Sonoma County Superior Court
STREET ADDRESS: 600 Administration Drive, Room 107-J
MAILING ADDRESS:
Santa Rosa, CA 95403
CITY AND ZIP CODE:
BRANCH NAME:
CASE NAME: CASE NUMBER:
BARRY BRILLIANT, et al. v. MITCHELL G. BLACK, et al. SCV-267406
HEARING DATE:
AMENDED DEPT.: 18 TIME:
DECLARATION IN SUPPORT OF ATTORNEY'S
BEFORE HON.: Jennifer V. Dollard
MOTION TO BE RELIEVED AS COUNSEL-CIVIL
November 19, 2020
DATE ACTION FILED:
TRIAL DATE: February 24, 2023
1. Attorney and Represented Party. Attorney (name): Mitchell B. Greenberg and Daniel J. Wilson
is presently counsel of record for (name of party): Mitchell G. Black, Deanne G. Black, and Black Knight Vineyards, LLC
in the above-captioned action or proceeding.
2. Reasons for Motion. Attorney makes this motion to be relieved as counsel under Code of Civil Procedure section 284(2) instead of
filing a consent under section 284(1) for the following reasons (describe):
SEE ATTACHMENT 2
X Continued on Attachment 2.
3. Service
a. Attorney has
(1) personally served the client with copies of the motion papers filed with this declaration. A copy of the proof of service
will be filed with the court at least 5 days before the hearing.
(2) X served the client by mail at the client's last known address with copies of the motion papers served with this declaration.
b. If the client has been served by mail at the client's last known address, attorney has
(1) X confirmed within the past 30 days that the address is current
(a) by mail, return receipt requested.
(b) by telephone.
(c) X by conversation.
(d) X by other means (specify):
SEE ATTACHMENT 3(b)(1)(d)
(Continued on reverse) Page 1 of 2
Form Adopted for Mandatory UseAMENDED
Judicial Council of California
DECLARATION IN SUPPORT OF ATTORNEY'S Code of Civil Procedure, § 284;
Cal. Rules of Court, rule 3.1362
MC-052 [Rev. January 1, 2007] MOTION TO BE RELIEVED AS COUNSEL-CIVIL www.courtinfo.ca.gov
MC-052
CASE NAME: CASE NUMBER:
BARRY BRILLIANT, et al. v. MITCHELL G. BLACK, et al. SCV-267406
3. b. (2) been unable to confirm that the address is current or to locate a more current address for the client after making the
following efforts:
(a) mailing the motion papers to the client's last known address, return receipt requested.
(b) calling the client's last known telephone number or numbers.
(c) contacting persons familiar with the client (specify):
(d) conducting a search (describe):
(e) other (specify):
c. Even if attorney has been unable to serve the client with the moving papers, the court should grant attorney's motion to be
relieved as counsel of record (explain):
4. The next hearing scheduled in this action or proceeding
a. is not yet set.
b. X is set as follows (specify the date, time, and place):
February 24, 2023 at 8:30 a.m., Department 18
c. X concerns (describe the subject matter of the hearing):
Trial Date
Continued on Attachment 4.
5. The following additional hearings and other proceedings (including discovery matters) are presently scheduled in this case (for each,
describe the date, time, place, and subject matter):
SEE ATTACHMENT 5
X Continued on Attachment 5.
6. Trial in this action or proceeding
a. is not yet set.
b. X is set as follows (specify the date, time, and place):
February 24, 2023 at 8:30 a.m., Department 18
7. Other. Other matters that the court should consider in determining whether to grant this motion are the following (explain):
Mitchell Black and Deanne Black are currently engaged in a marital dissolution action venued in Sonoma County
Superior Court. It is my understanding that they have received their decree of dissolution of the marriage, but that
the property settlement has not yet concluded. This factor contributes to the conflict of interest issue raised herein
under CRPC 1.7.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: September 14, 2022
Mitchell B. Greenberg
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
8. Number of pages attached: 6
AMENDED
MC-052 [Rev. January 1, 2007] DECLARATION IN SUPPORT OF ATTORNEY'S Page 2 of 2
MOTION TO BE RELIEVED AS COUNSEL-CIVIL
MC-025
SHORT TITLE: CASE NUMBER:
,_ BARRY BRILLIANT, et al. v. MITCHELL G. BLACK, et al. SCV-267406
ATTACHMENT (Number): 2~-
....
(This Attachment may be used with any Judicial Council form.)
ATTACHMENT 2
TO THE DECLARATION OF MITCHELL B. GREENBERG IN SUPPORT OF
ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL
I am a shareholder with Abbey Weitzenberg Warren & Emery.
I have been representing Mitchell G. Black and Deanne G. Black in this action since its inception, and Black Knight
Vineyards, LLC since the filing of its cross complaint in this action.
The grounds supporting this motion to be relieved as counsel are as follows:
1. The client Mitchell G. Black has rendered it unreasonably difficult for me to carry out my representation effectively.
CRPC l.16(b)(4). Any further details on this subject would improperly disclose attorney client communications.
2. My continuation of representation of the 3 clients currently represented is likely to result in violation of the Rules
of Professional Conduct, that is, specifically, CRPC 1.7 (conflict of interest). CRPC l .16(b)(9). Any further details
on this subject would improperly disclose attorney client communications.
3. I believe, in good faith, that this Court will find the existence of other good cause for this request for withdrawal as
counsel ofrecord in this action. CRPC l.16(b )(10). Any further details on this subject would improperly disclose
attorney client communications.
(If the item that this Attachment concerns is made under penalty of perjury,all statements in this Page 3 - of .8___
Attachment are made under penalty of perjury.) (Add pages as required)
Form Approved for Optional Use ATTACHMENT www.courlinfo.ca.gov
Judicial Council of California
MC-025 (Rev. July 1, 2009) to Judicial Council Form
CEB" I ~ssentia~
ceb.com 0 Forms
MC-025
SHORT TITLE: CASE NUMBER:
..._ BARRY BRILLIANT, et al. v. MITCHELL G. BLACK, et al. SCV-267406
ATTACHMENT (Number) : _,3_ _
(This Attachment may be used with any Judicial Council form.)
ATTACHMENT NO. 3(b)(l)(d)
With respect to Mitchell G. Black, I have been sending mail to the same address to which I served these motion papers
since 2021, and as late as August, 2022, and know that the client has received such mail at this address. Since I started
representing Mitchell Black in 2021 , this address has been both his residence and business address. Moreover, I have
visited Mr. Black at this address twice, the last time in August, 2022.
With respect to Black Knight Vineyards, LLC, I used the cuITent address listed on the 12/21/2021 Application to
Register a Foreign Limited Liability Company, filed with the California Secretary of State, for purposes of Service of
Process, and listed on said Application as the LLC principal executive office. (SEE ATTACHMENT NUMBER 6.)
This address is the same as the address for individual client, Mitchell Black. Mr. Black is a managing member of Black
Knight Vineyards, LLC.
With respect to Deanne Black, I have served the motion by U.S. Mail to 241 Eagle Drive, Cotati, California 94931 .
Ms. Black provided me with that address, as her co1Tect, current address for mailing purposes, in a phone conversation
with her on September 12, 2022.
I served all three clients also via email. The email addresses used for all three clients are their respective cuITent
electronic service addresses, which I have successfully been using to communicate with these clients since undertaking
their representation in 2021.
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 4__ of .8__
Attachment are made under penalty of perjury.) (Add pages as required)
Form Approved for Optional Use ATTACHMENT www.courtinfo.ca.gov
Judicial Council of California
MC-025 [Rev. July 1, 2009) to Judicial Council Form
CEB" I !§J
ceb.com
~ssentia~
Forms
MC-025
SHORT TITLE : CASE NUMBER:
- BARRY BRILLIANT, et al. v. MITCHELL G. BLACK, et al. SCV-267406
ATTACHMENT (Number): _,_5_ _
(This Attachment may be used with any Judicial Council form.)
The parties mediated this case before the Honorable Elaine Rushing (ret.) on June 22, 2022. The parties had stipulated
to continue the original trial date of June 3, 2022, to allow for the parties to attempt to settle the case without the
considerable expense of significant discovery. Accordingly, when the parties went into the June 22, 2022 mediation
with Judge Rushing, they had conducted no formal discovery.
Although the case did not settle at the mediation, the parties continued to negotiate settlement all through July and
August, and up until the present. While this negotiation continued, the parties continued to extend discovery deadlines
in an effort to devote time and resources toward settlement rather than active litigation.
Presently, the following discovery is pending:
WRITTEN DISCOVERY:
To Defendant Mitchell Black- Requests for Admissions, Request for Production, Form Interrogatories and Special
Interrogatories. Responses are currently due on September 16, 2022.
To Defendant Deanne Black- Requests for Admissions, Request for Production, Form Interrogatories and Special
Interrogatories. Responses are currently due on September 16, 2022.
DEPOSITION DISCOVERY:
Deanne Black's deposition is noticed for September 22, 2022.
Mitchell Black's deposition is noticed for September 29, 2022.
THIRD PARTY DISCOVERY:
Third party document subpoena to David Ashcraft!Vintroux Real Estate. Response to this third party subpoena is
currently due September 15, 2022.
Given the fact that, as set forth in Attachment 2, Mitchell Black has rendered it unreasonably difficult for me to carry
out my representation effectively, per CRPC 1.16(b)(4), and the fact that my continued representation is likely to
result in a violation of conflict of interest rules under CRPC 1. 7, it is virtually impossible for me respond to this
discovery, and to represent my clients in their depositions. The only ethical result here is to grant my motion to be
relieved as counsel.
I currently plan to submit an ex parte application to the Court, while this motion is pending, to continue all deadlines
for responding to the outstanding discovery outlined herein, until some date after the Court rules on this Motion.
Plaintiffs will have more than sufficient time to complete their discovery for a trial that is set for late February 2023.
As of the date of this declaration, I have been in meet and confer discussions with Plaintiffs' counsel about stipulating
to continue this discovery, and those discussions continue as of the filing of this Motion.
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page .5___ of .8___
Attachment are made under penalty of perjury.) (Add pages as required)
Form Approved for Optional Use ATTACHMENT www.courtinfo.ca.gov
Judicial Council of California
MC-025 [Rev. July 1, 2009] to Judicial Council Form
CEB" E~entia~
0 Forms
J
ceb.com
MC-025
SHORT TITLE: CASE NUMBER:
~ BARRY BRJLLIANT, et al. v. MITCHELL G. BLACK, et al. SCV-267406
ATTACHMENT (Number): ~6_ _
(This Attachment may be used with any Judicial Council fonn.)
See the attached Application to Register a Foreign Limited Liability Company (LLC) for Black Knight Vineyards LLC
Filed with the California Secretary of State on December 21, 2021 .
Attachment 6 consists of 3 pages.
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page .6_ of .&__
Attachment are made under penalty of perjury.) (Add pages as required)
Form Approved for Optional Use ATTACHMENT www. courtinfo.ca.gov
Judicial Council of California
MC-025 [Rev. July 1, 2009] to Judicial Council Form
CEB" Im
ceb.com
~~ential
Forms·
Secretary of State
Application to Register a Foreign
Liability Company (LLC)
LLC-5
Limited FILED
Secretary of State
State of California
IMPORTANT- Read Instructions before completing this form .
Must be submitted with a current Certificate ofGood Standing issued by 202135810053
the government agency where the LLC was formed. See Instructions.
Filing Number
Filing Fee - $70.00
12/21/2021
Copy Fees - First page $1.00; each attachment page $0.50;
Certification Fee - $5.00 Filing Date
Note: Registered LLCs in California may have to pay minimum $800 tax to the
California Franchise Tax Board each year. For more information, go
to https:/fwww.ftb.ca.gov. This Space For Office Use Only
1a. LLC Name (Enter the exact name of the LLC as listed on your attached Certificate of Good Standing .)
IBlack Knight Vineyards LLC
1b. California Alternate Name, If Required (See Instructions - Only enter an alternate name if the LLC name in 1a not available in California.)
2 LLC History (See Instructions- Ensure that the formation date and jurisdiction match the attached Certificate of Good Standing)
a. Date LL C was formed in home jurisdiction {MM/DD/YYYY) b. Jurisdiction {State, foreign country or place where this LLC is formed .)
12/23/2019 Delaware
c. Authority Statement (Do not alter Authority Statement)
This LLC currently has powers and privileges to conduct business in the state, foreign country or place entered in Item 2b.
3. Business Addresses (Enter the complete business addresses. Items 3a and 3b cannot be a P .0. Box or "in care or an individual or entity.)
a. Street Address of Principal Executive Office - Do not enter a P.O. Box
City {no abbreviations) State Zip Code
4889 Grang Rd Santa Rosa CA 95404
b. Street Address of Principal Office in California, if any - Do not enter a P.0 . Box
City (no abbreviations) State Zip Code
CA
c. Mailing Address of Principal Executive Office, if different than item 3a
City (no abbreviations) State Zip Code
4. Service of Process (Must provide either Individual OR Corporation.)
INDIVIDUAL - Complete Items 4a and 4b only.
Must include agent's full name and California street address.
a. California Agent's First Name (if agent is not a corporation) Middle Name Last Name Suffix
Mitchell G Black
b. Street Address (if agent is not a corporation) - Do not enter a P.O. Box
City (no abbreviations) State Zip Code
4889 Grange Rd Santa Rosa CA 95404
CORPORATION -Complete Item 4c only. Only include the name of the registered agent Corporation.
c. California Registered Corporate Agent's Name (if agent is a corporation) - Do not complete Item 4a or 4b
5. Read and Sign Below (See Inst ructions. Title not required.)
By sign· g, I a unde enalty of perjury that the information herein is true and correct and that I am authorized to sign
on be h
Mitchell Black
Type or Print Name
LLC-5 (REV 1112020) 2020 Califomia Secretary of State
bizfile.sos.ca.gov
Delaware Page 1
The First State
I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF
DELAWARE, DO HEREBY CERTIFY "BLACK KNIGHT VINEYARDS LLC" IS DULY
FORMED UNDER THE LAWS OF THE STATE OF DELAWARE AND IS IN GOOD
STANDING AND HAS A LEGAL EXISTENCE SO FAR AS THE RECORDS OF THIS
OFFICE SHOW, AS OF THE TENTH DAY OF DECEMBER, A.D. 2021.
AND I DO HEREBY FURTHER CERTIFY THAT THE SAID "BLACK KNIGHT
VINEYARDS LLC" WAS FORMED ON THE TWENTY-THIRD DAY OF DECEMBER, A.D.
2019.
AND I DO HEREBY FURTHER CERTIFY THAT THE ANNUAL TAXES HAVE BEEN
PAID TO DATE.
7766684 8300 Authentication: 204936323
SR# 20214047953 Date: 12-10-21
You may verify this certificate online at corp.delaware.gov/authver.shtml
PROOF OF SERVICE
2 I am a resident of the United States and employed in the City of Santa Rosa, County of
Sonoma. I am over the age of 18 years and not a party to the within action. My business address
3 is 100 Stony Point Road, Suite 200, Santa Rosa, California 95401.
4 On September 14, 2022, I served the following document(s), described as:
5 AMENDED DECLARATION OF MITCHELL B. GREENBERG IN SUPPORT OF
ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL
6
on all interested parties to said action, through their attorneys of record by placing a true and
7 correct copy thereof, addressed as shown below, by the means designated below:
8 **SEE ATTACHED SERVICE LIST**
9
~ (BY MAIL) By placing a true and correct copy of the below-referenced document(s)
10 enclosed in a sealed envelope addressed as set forth below, with postage thereon fully
prepaid for first-class mail, for collection and mailing at Santa Rosa, California,
11 following ordinary business practices. I am readily familiar with the practice of Abbey,
Weitzenberg, Warren & Emery for the processing of correspondence, said practice being
12 that in the ordinary course of business, correspondence is deposited with the United
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oa:i States Postal Service the same day as it is placed for processing.
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MC-052 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT USE ONLY Mitchell B. Greenberg, Esq. (114878); Daniel J. Wilson, Esq. (299239) Abbey, Weitzenberg, Warren & Emery P.C. 100 Stony Point Road, Suite 200 Santa Rosa, CA 95401 TELEPHONE NO.: (707) 542-5050 FAX NO.:(707) 542-2589 ATTORNEY FOR (Name) : Defendants Mitchell G. Black, et al. NAME OF COURT: Sonoma County Superior Court STREET ADDRESS: 600 Administration Drive, Room 107-J MAILING ADDRESS: Santa Rosa, CA 95403 CITY AND ZIP CODE: BRANCH NAME: CASE NAME: CASE NUMBER: BARRY BRILLIANT, et al. v. MITCHELL G. BLACK, et al. SCV-267406 HEARING DATE: AMENDED DEPT.: 18 TIME: DECLARATION IN SUPPORT OF ATTORNEY'S BEFORE HON.: Jennifer V. Dollard MOTION TO BE RELIEVED AS COUNSEL-CIVIL November 19, 2020 DATE ACTION FILED: TRIAL DATE: February 24, 2023 1. Attorney and Represented Party. Attorney (name): Mitchell B. Greenberg and Daniel J. Wilson is presently counsel of record for (name of party): Mitchell G. Black, Deanne G. Black, and Black Knight Vineyards, LLC in the above-captioned action or proceeding. 2. Reasons for Motion. Attorney makes this motion to be relieved as counsel under Code of Civil Procedure section 284(2) instead of filing a consent under section 284(1) for the following reasons (describe): SEE ATTACHMENT 2 X Continued on Attachment 2. 3. Service a. Attorney has (1) personally served the client with copies of the motion papers filed with this declaration. A copy of the proof of service will be filed with the court at least 5 days before the hearing. (2) X served the client by mail at the client's last known address with copies of the motion papers served with this declaration. b. If the client has been served by mail at the client's last known address, attorney has (1) X confirmed within the past 30 days that the address is current (a) by mail, return receipt requested. (b) by telephone. (c) X by conversation. (d) X by other means (specify): SEE ATTACHMENT 3(b)(1)(d) (Continued on reverse) Page 1 of 2 Form Adopted for Mandatory UseAMENDED Judicial Council of California DECLARATION IN SUPPORT OF ATTORNEY'S Code of Civil Procedure, § 284; Cal. Rules of Court, rule 3.1362 MC-052 [Rev. January 1, 2007] MOTION TO BE RELIEVED AS COUNSEL-CIVIL www.courtinfo.ca.gov MC-052 CASE NAME: CASE NUMBER: BARRY BRILLIANT, et al. v. MITCHELL G. BLACK, et al. SCV-267406 3. b. (2) been unable to confirm that the address is current or to locate a more current address for the client after making the following efforts: (a) mailing the motion papers to the client's last known address, return receipt requested. (b) calling the client's last known telephone number or numbers. (c) contacting persons familiar with the client (specify): (d) conducting a search (describe): (e) other (specify): c. Even if attorney has been unable to serve the client with the moving papers, the court should grant attorney's motion to be relieved as counsel of record (explain): 4. The next hearing scheduled in this action or proceeding a. is not yet set. b. X is set as follows (specify the date, time, and place): February 24, 2023 at 8:30 a.m., Department 18 c. X concerns (describe the subject matter of the hearing): Trial Date Continued on Attachment 4. 5. The following additional hearings and other proceedings (including discovery matters) are presently scheduled in this case (for each, describe the date, time, place, and subject matter): SEE ATTACHMENT 5 X Continued on Attachment 5. 6. Trial in this action or proceeding a. is not yet set. b. X is set as follows (specify the date, time, and place): February 24, 2023 at 8:30 a.m., Department 18 7. Other. Other matters that the court should consider in determining whether to grant this motion are the following (explain): Mitchell Black and Deanne Black are currently engaged in a marital dissolution action venued in Sonoma County Superior Court. It is my understanding that they have received their decree of dissolution of the marriage, but that the property settlement has not yet concluded. This factor contributes to the conflict of interest issue raised herein under CRPC 1.7. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: September 14, 2022 Mitchell B. Greenberg (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 8. Number of pages attached: 6 AMENDED MC-052 [Rev. January 1, 2007] DECLARATION IN SUPPORT OF ATTORNEY'S Page 2 of 2 MOTION TO BE RELIEVED AS COUNSEL-CIVIL MC-025 SHORT TITLE: CASE NUMBER: ,_ BARRY BRILLIANT, et al. v. MITCHELL G. BLACK, et al. SCV-267406 ATTACHMENT (Number): 2~- .... (This Attachment may be used with any Judicial Council form.) ATTACHMENT 2 TO THE DECLARATION OF MITCHELL B. GREENBERG IN SUPPORT OF ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL I am a shareholder with Abbey Weitzenberg Warren & Emery. I have been representing Mitchell G. Black and Deanne G. Black in this action since its inception, and Black Knight Vineyards, LLC since the filing of its cross complaint in this action. The grounds supporting this motion to be relieved as counsel are as follows: 1. The client Mitchell G. Black has rendered it unreasonably difficult for me to carry out my representation effectively. CRPC l.16(b)(4). Any further details on this subject would improperly disclose attorney client communications. 2. My continuation of representation of the 3 clients currently represented is likely to result in violation of the Rules of Professional Conduct, that is, specifically, CRPC 1.7 (conflict of interest). CRPC l .16(b)(9). Any further details on this subject would improperly disclose attorney client communications. 3. I believe, in good faith, that this Court will find the existence of other good cause for this request for withdrawal as counsel ofrecord in this action. CRPC l.16(b )(10). Any further details on this subject would improperly disclose attorney client communications. (If the item that this Attachment concerns is made under penalty of perjury,all statements in this Page 3 - of .8___ Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use ATTACHMENT www.courlinfo.ca.gov Judicial Council of California MC-025 (Rev. July 1, 2009) to Judicial Council Form CEB" I ~ssentia~ ceb.com 0 Forms MC-025 SHORT TITLE: CASE NUMBER: ..._ BARRY BRILLIANT, et al. v. MITCHELL G. BLACK, et al. SCV-267406 ATTACHMENT (Number) : _,3_ _ (This Attachment may be used with any Judicial Council form.) ATTACHMENT NO. 3(b)(l)(d) With respect to Mitchell G. Black, I have been sending mail to the same address to which I served these motion papers since 2021, and as late as August, 2022, and know that the client has received such mail at this address. Since I started representing Mitchell Black in 2021 , this address has been both his residence and business address. Moreover, I have visited Mr. Black at this address twice, the last time in August, 2022. With respect to Black Knight Vineyards, LLC, I used the cuITent address listed on the 12/21/2021 Application to Register a Foreign Limited Liability Company, filed with the California Secretary of State, for purposes of Service of Process, and listed on said Application as the LLC principal executive office. (SEE ATTACHMENT NUMBER 6.) This address is the same as the address for individual client, Mitchell Black. Mr. Black is a managing member of Black Knight Vineyards, LLC. With respect to Deanne Black, I have served the motion by U.S. Mail to 241 Eagle Drive, Cotati, California 94931 . Ms. Black provided me with that address, as her co1Tect, current address for mailing purposes, in a phone conversation with her on September 12, 2022. I served all three clients also via email. The email addresses used for all three clients are their respective cuITent electronic service addresses, which I have successfully been using to communicate with these clients since undertaking their representation in 2021. (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 4__ of .8__ Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use ATTACHMENT www.courtinfo.ca.gov Judicial Council of California MC-025 [Rev. July 1, 2009) to Judicial Council Form CEB" I !§J ceb.com ~ssentia~ Forms MC-025 SHORT TITLE : CASE NUMBER: - BARRY BRILLIANT, et al. v. MITCHELL G. BLACK, et al. SCV-267406 ATTACHMENT (Number): _,_5_ _ (This Attachment may be used with any Judicial Council form.) The parties mediated this case before the Honorable Elaine Rushing (ret.) on June 22, 2022. The parties had stipulated to continue the original trial date of June 3, 2022, to allow for the parties to attempt to settle the case without the considerable expense of significant discovery. Accordingly, when the parties went into the June 22, 2022 mediation with Judge Rushing, they had conducted no formal discovery. Although the case did not settle at the mediation, the parties continued to negotiate settlement all through July and August, and up until the present. While this negotiation continued, the parties continued to extend discovery deadlines in an effort to devote time and resources toward settlement rather than active litigation. Presently, the following discovery is pending: WRITTEN DISCOVERY: To Defendant Mitchell Black- Requests for Admissions, Request for Production, Form Interrogatories and Special Interrogatories. Responses are currently due on September 16, 2022. To Defendant Deanne Black- Requests for Admissions, Request for Production, Form Interrogatories and Special Interrogatories. Responses are currently due on September 16, 2022. DEPOSITION DISCOVERY: Deanne Black's deposition is noticed for September 22, 2022. Mitchell Black's deposition is noticed for September 29, 2022. THIRD PARTY DISCOVERY: Third party document subpoena to David Ashcraft!Vintroux Real Estate. Response to this third party subpoena is currently due September 15, 2022. Given the fact that, as set forth in Attachment 2, Mitchell Black has rendered it unreasonably difficult for me to carry out my representation effectively, per CRPC 1.16(b)(4), and the fact that my continued representation is likely to result in a violation of conflict of interest rules under CRPC 1. 7, it is virtually impossible for me respond to this discovery, and to represent my clients in their depositions. The only ethical result here is to grant my motion to be relieved as counsel. I currently plan to submit an ex parte application to the Court, while this motion is pending, to continue all deadlines for responding to the outstanding discovery outlined herein, until some date after the Court rules on this Motion. Plaintiffs will have more than sufficient time to complete their discovery for a trial that is set for late February 2023. As of the date of this declaration, I have been in meet and confer discussions with Plaintiffs' counsel about stipulating to continue this discovery, and those discussions continue as of the filing of this Motion. (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page .5___ of .8___ Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use ATTACHMENT www.courtinfo.ca.gov Judicial Council of California MC-025 [Rev. July 1, 2009] to Judicial Council Form CEB" E~entia~ 0 Forms J ceb.com MC-025 SHORT TITLE: CASE NUMBER: ~ BARRY BRJLLIANT, et al. v. MITCHELL G. BLACK, et al. SCV-267406 ATTACHMENT (Number): ~6_ _ (This Attachment may be used with any Judicial Council fonn.) See the attached Application to Register a Foreign Limited Liability Company (LLC) for Black Knight Vineyards LLC Filed with the California Secretary of State on December 21, 2021 . Attachment 6 consists of 3 pages. (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page .6_ of .&__ Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use ATTACHMENT www. courtinfo.ca.gov Judicial Council of California MC-025 [Rev. July 1, 2009] to Judicial Council Form CEB" Im ceb.com ~~ential Forms· Secretary of State Application to Register a Foreign Liability Company (LLC) LLC-5 Limited FILED Secretary of State State of California IMPORTANT- Read Instructions before completing this form . Must be submitted with a current Certificate ofGood Standing issued by 202135810053 the government agency where the LLC was formed. See Instructions. Filing Number Filing Fee - $70.00 12/21/2021 Copy Fees - First page $1.00; each attachment page $0.50; Certification Fee - $5.00 Filing Date Note: Registered LLCs in California may have to pay minimum $800 tax to the California Franchise Tax Board each year. For more information, go to https:/fwww.ftb.ca.gov. This Space For Office Use Only 1a. LLC Name (Enter the exact name of the LLC as listed on your attached Certificate of Good Standing .) IBlack Knight Vineyards LLC 1b. California Alternate Name, If Required (See Instructions - Only enter an alternate name if the LLC name in 1a not available in California.) 2 LLC History (See Instructions- Ensure that the formation date and jurisdiction match the attached Certificate of Good Standing) a. Date LL C was formed in home jurisdiction {MM/DD/YYYY) b. Jurisdiction {State, foreign country or place where this LLC is formed .) 12/23/2019 Delaware c. Authority Statement (Do not alter Authority Statement) This LLC currently has powers and privileges to conduct business in the state, foreign country or place entered in Item 2b. 3. Business Addresses (Enter the complete business addresses. Items 3a and 3b cannot be a P .0. Box or "in care or an individual or entity.) a. Street Address of Principal Executive Office - Do not enter a P.O. Box City {no abbreviations) State Zip Code 4889 Grang Rd Santa Rosa CA 95404 b. Street Address of Principal Office in California, if any - Do not enter a P.0 . Box City (no abbreviations) State Zip Code CA c. Mailing Address of Principal Executive Office, if different than item 3a City (no abbreviations) State Zip Code 4. Service of Process (Must provide either Individual OR Corporation.) INDIVIDUAL - Complete Items 4a and 4b only. Must include agent's full name and California street address. a. California Agent's First Name (if agent is not a corporation) Middle Name Last Name Suffix Mitchell G Black b. Street Address (if agent is not a corporation) - Do not enter a P.O. Box City (no abbreviations) State Zip Code 4889 Grange Rd Santa Rosa CA 95404 CORPORATION -Complete Item 4c only. Only include the name of the registered agent Corporation. c. California Registered Corporate Agent's Name (if agent is a corporation) - Do not complete Item 4a or 4b 5. Read and Sign Below (See Inst ructions. Title not required.) By sign· g, I a unde enalty of perjury that the information herein is true and correct and that I am authorized to sign on be h Mitchell Black Type or Print Name LLC-5 (REV 1112020) 2020 Califomia Secretary of State bizfile.sos.ca.gov Delaware Page 1 The First State I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY "BLACK KNIGHT VINEYARDS LLC" IS DULY FORMED UNDER THE LAWS OF THE STATE OF DELAWARE AND IS IN GOOD STANDING AND HAS A LEGAL EXISTENCE SO FAR AS THE RECORDS OF THIS OFFICE SHOW, AS OF THE TENTH DAY OF DECEMBER, A.D. 2021. AND I DO HEREBY FURTHER CERTIFY THAT THE SAID "BLACK KNIGHT VINEYARDS LLC" WAS FORMED ON THE TWENTY-THIRD DAY OF DECEMBER, A.D. 2019. AND I DO HEREBY FURTHER CERTIFY THAT THE ANNUAL TAXES HAVE BEEN PAID TO DATE. 7766684 8300 Authentication: 204936323 SR# 20214047953 Date: 12-10-21 You may verify this certificate online at corp.delaware.gov/authver.shtml PROOF OF SERVICE 2 I am a resident of the United States and employed in the City of Santa Rosa, County of Sonoma. I am over the age of 18 years and not a party to the within action. My business address 3 is 100 Stony Point Road, Suite 200, Santa Rosa, California 95401. 4 On September 14, 2022, I served the following document(s), described as: 5 AMENDED DECLARATION OF MITCHELL B. GREENBERG IN SUPPORT OF ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL 6 on all interested parties to said action, through their attorneys of record by placing a true and 7 correct copy thereof, addressed as shown below, by the means designated below: 8 **SEE ATTACHED SERVICE LIST** 9 ~ (BY MAIL) By placing a true and correct copy of the below-referenced document(s) 10 enclosed in a sealed envelope addressed as set forth below, with postage thereon fully prepaid for first-class mail, for collection and mailing at Santa Rosa, California, 11 following ordinary business practices. I am readily familiar with the practice of Abbey, Weitzenberg, Warren & Emery for the processing of correspondence, said practice being 12 that in the ordinary course of business, correspondence is deposited with the United ..... 0\ oa:i States Postal Service the same day as it is placed for processing. "'""' .,,,N U 0\ . N I 13 ""<..i- D (BY OVERNIGHT MAIL) By placing a true and correct copy of the below-referenced ;;;;u"' Ul _,.... 14 document(s) enclosed in a sealed envelope addressed as set forth below, with postage "' ,._ ::;; lllO thereon fully prepaid for overnight mail, for collection and mailing at Santa Rosa, ~ 0 ,._ P:~ ~ "'., 15 California, following ordinary business practices. I am readily familiar with the practice z ui c::::e .. of Abbey, Weitzenberg, Warren & Emery for the processing of correspondence, said ~ .-a V)• 16 practice being that in the ordinary course of business, correspondence is deposited with ~o"' oi.t. the overnight mail provider the same day as it is placed for processing. N ~~o 17 ~ ..... 11""1 Ul;::10 D (BY PERSONAL SERVICE) By placing a true and correct copy of the below- "'V)"' z ·r!i 18 referenced document(s) enclosed in a sealed envelope and causing such envelope to be Ul "Cl '< p.. Ul .• 20 document(s) to be transmitted by facsimile machine to the below-referenced facsimile "'>.., <"'i:::0 i::: 0 numbers. ~..c:: V)p. 21 ~ 0 ., 0 ., (BY E-MAIL) I caused a true and correct copy of the below-referenced document(s) to .-