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CIV-130
ATTORNEY ORPARTY WITHOUTATTORNEY (Name,
State Bar number,
andaddress): FOR COURTUSE ONLY
Davin R. Bacho 282613
CLEMENT, FITZPATRICK & KENWORTHY
3333 Mendocino Avenue, Suite 200
Santa Rosa, CA 95403
TELEPHONE No.:(707)523-1181 FAX NO.(Optiona)(707)546-1360
E-MAIL
ADDRESS (Optionay:9 dbacho@cfk.com
ATTORNEY FOR(Name):—- Plaintiffs
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA
STREETADDRESS: 600 Administration Drive, Room 107-J
MAILING
ADDRESS:
CITY AND
ZIPCODE: Santa Rosa, CA 95403
BRANCH NAME:
PLAINTIFF/PETITIONER: Barry Brilliantand Dagmar K. Hoheneck-Smith
DEFENDANT/RESPONDENT: Mitchell Black and Deanne Black, individually
and dba Black Knight Vineyards
NOTICE OF ENTRY
OR ORDER
OF JUDGMENT Cees
SCV-267406
(Check one): [X] UNLIMITED CASE (] LIMITED CASE
(Amount demanded (Amount demanded was
exceeded $25,000) $25,000 or less)
TO ALL PARTIES:
1. Ajudgment, decree, or order was entered inthisaction on (date): 9/15/2022
2. Acopy ofthe judgment, decree, ororder is attached tothis notice.
Date: 9/15/2022 ao
eee
el
DAVINR.BACHO
(TYPEOR PRINT
NAME OF [CQ attorney [party witHouTATTORNEY) (SIGNATURE)
ee Page1 0F2
Form
Approved
Judicial
forof Optional
Council
Use
California
NOTICE OF ENTRY OF JUDGMENT OR ORDER www. courtinfo.ca.gov
CIV-130
[NewJanuary
1, 2010]
*|Essential
GB |E\Forms-
CIV-130
PLAINTIFF/PETITIONER: Barry Brilliant and Dagmar K. Hoheneck-Smith casenumser:
SCV-267406
DEFENDANT/RESPONDENT: Mitchell Black and Deanne Black, individually
PROOF OF SERVICE BY FIRST-CLASS MAIL
NOTICE OF ENTRY OF JUDGMENT OR ORDER
(NOTE: You cannot serve the Notice of Entry of Judgment or Order if you are a party in the action. The person who served
the notice must complete thisproof of service.)
1. lam atleast 18 years old and not a party to this action. | am a residentof or employed inthe county where the mailingtook
place, and my residence or business address is (specify):
3333 Mendocino Avenue, Suite 200
Santa Rosa, CA 95403
2. | served a copy ofthe Notice of Entry ofJudgment or Order by enclosing itina sealed envelope with postage
fullyprepaid and (check one):
a. [_] deposited the sealed envelope with the United States Postal Service.
b. [XK] placed the sealed envelope for collectionand processing formailing,following thisbusiness's usual practices,
withwhich | am readilyfamiliar.On thesame day correspondence isplaced for collectionand mailing,itis
deposited in the ordinarycourse of business with the United States Postal Service.
3. The Notice ofEntry ofJudgment or Order was mailed:
a. on (date): 9/15/2022
b. from (cityand state): Santa Rosa, CA
4. The envelope was addressed and mailed as follows:
a. Name of person served: c. Name ofperson served:
Mitchell Greenberg & Daniel Wilson
Street address: 100 Stony Point Road, Suite 200 Street address:
City: Santa Rosa City:
State and zip code: CA 95401 State and zip code:
b. Name ofperson served: d. Name ofperson served:
Street address: Street address:
City: City:
State and zip code: State and zip code:
(-} Names and addresses of additionalpersons served are attached. (You may use form POS-030(P).)
5. Number ofpages attached 2...
|declare under penalty ofperjury under the laws of the Stateof Californiathatthe foregoing is trueand correct.
Date: 9/15/2022
Christine I > ( IipeZ
(TYPEOR PRINT
NAME OF DECLARANT) (SIGNATUREOFDECLARANT)
Page2 of 2
CIV-130
[NewJanuary
4, 2010) NOTICE OF ENTRY OF JUDGMENT OR ORDER
* | Essential
GB | EiForms
1 | DAVIN R. BACHO (SBN 282613) ELECTRONICALLY FILED
CLEMENT, FITZPATRICK & KENWORTHY Superior Court of California
2 || 3333 Mendocino Avenue, Suite 200 County of Sonoma
3 | Santa Rosa, CA 95403 Robert Oliver, Clerk of the Court
Telephone: (707) 523-1181 By: Lorena Deloza, Deputy Clerk
4 || Facsimile: (707) 546-1360
dbacho@cfk.com
5
Attorneys for Plaintiffs Barry Brilliant
6 | and Dagmar K. Hoheneck-Smith
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SONOMA
10 | BARRY BRILLIANT, an individual; and Case No. SCV-267406
DAGMAR K. HOHENECK-SMITH, an
il individual and as trustee of THE | ORDER GRANTING
D DAGMAR HOHENECK-SMITH TRUST, LAINTIFFS’ EX PARTE APPLICATION
dated December 14, 2010, FOR LEAVE TO FILE THE AMENDMENT
13 _ TO THE FIRST AMENDED COMPLAINT
Plaintiffs, TO SUBSTITUTE TRUE NAME OF DOE
14 DEFENDANT
vs.
13 | MITCHELL G. BLACK, an individual and Date: September 15. 2022
dba BLACK KNIGHT VINEYARDS; Time: 1030AM,
16 | DEANNE G. BLACK, an individual and Der 18
dba BLACK KNIGHT VINEYARDS; and Spt:
17 DOES ONE through TWENTY, inclusive, Judge: Hon. Jennifer V. Dollard
18 Defendants.
19 (Unlimited Civil)
20 || AND RELATED CROSS-ACTIONS
21
22 |
93 |////
ng [III
5 |////
26
27
28
1
[PROPOSED] ORDER GRANTING PLAINTIFFS’ EX PARTE APPLICATION FOR LEAVE
TO FILE THE AMENDMENT TO THE FIRST AMENDED COMPLAINT TO SUBSTITUTE
TRUE NAME OF DOE DEFENDANT
1 After reviewing and considering the Plaintiffs’ Ex Parte Application For Leave To File The
2 || Amendment To The First Amended Complaint To Substitute True Name Of Doe Defendant and any
3 || opposition submitted on September 15, 2022 in Courtroom 18, with good cause appearing therefore, it
4| is hereby ordered that Plaintiffs’ Ex Parte Application is GRANTED. Plaintiffs shall filetheir
5 || proposed amendment naming Black Knight Vineyard, LLC as a Defendant substituting out DOE No.
6 | 1 and serve counsel of record for Black Knight Vineyard, LLC. Black Knight Vineyard, LLC shall
7 | file aresponsive pleading within thirty days of service of the amendment.
8 9/15/2022
9 || Dated: f Vlad
10 JUDGE OF THE SUPERIOR COURT
11
12
13
14
15
16
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FESS SEER GRAIG
TRUE NAME
RT OF DOE
ARTS
DEFENDANT
CAO
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CIV-130 ATTORNEY ORPARTY WITHOUTATTORNEY (Name, State Bar number, andaddress): FOR COURTUSE ONLY Davin R. Bacho 282613 CLEMENT, FITZPATRICK & KENWORTHY 3333 Mendocino Avenue, Suite 200 Santa Rosa, CA 95403 TELEPHONE No.:(707)523-1181 FAX NO.(Optiona)(707)546-1360 E-MAIL ADDRESS (Optionay:9 dbacho@cfk.com ATTORNEY FOR(Name):—- Plaintiffs SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA STREETADDRESS: 600 Administration Drive, Room 107-J MAILING ADDRESS: CITY AND ZIPCODE: Santa Rosa, CA 95403 BRANCH NAME: PLAINTIFF/PETITIONER: Barry Brilliantand Dagmar K. Hoheneck-Smith DEFENDANT/RESPONDENT: Mitchell Black and Deanne Black, individually and dba Black Knight Vineyards NOTICE OF ENTRY OR ORDER OF JUDGMENT Cees SCV-267406 (Check one): [X] UNLIMITED CASE (] LIMITED CASE (Amount demanded (Amount demanded was exceeded $25,000) $25,000 or less) TO ALL PARTIES: 1. Ajudgment, decree, or order was entered inthisaction on (date): 9/15/2022 2. Acopy ofthe judgment, decree, ororder is attached tothis notice. Date: 9/15/2022 ao eee el DAVINR.BACHO (TYPEOR PRINT NAME OF [CQ attorney [party witHouTATTORNEY) (SIGNATURE) ee Page1 0F2 Form Approved Judicial forof Optional Council Use California NOTICE OF ENTRY OF JUDGMENT OR ORDER www. courtinfo.ca.gov CIV-130 [NewJanuary 1, 2010] *|Essential GB |E\Forms- CIV-130 PLAINTIFF/PETITIONER: Barry Brilliant and Dagmar K. Hoheneck-Smith casenumser: SCV-267406 DEFENDANT/RESPONDENT: Mitchell Black and Deanne Black, individually PROOF OF SERVICE BY FIRST-CLASS MAIL NOTICE OF ENTRY OF JUDGMENT OR ORDER (NOTE: You cannot serve the Notice of Entry of Judgment or Order if you are a party in the action. The person who served the notice must complete thisproof of service.) 1. lam atleast 18 years old and not a party to this action. | am a residentof or employed inthe county where the mailingtook place, and my residence or business address is (specify): 3333 Mendocino Avenue, Suite 200 Santa Rosa, CA 95403 2. | served a copy ofthe Notice of Entry ofJudgment or Order by enclosing itina sealed envelope with postage fullyprepaid and (check one): a. [_] deposited the sealed envelope with the United States Postal Service. b. [XK] placed the sealed envelope for collectionand processing formailing,following thisbusiness's usual practices, withwhich | am readilyfamiliar.On thesame day correspondence isplaced for collectionand mailing,itis deposited in the ordinarycourse of business with the United States Postal Service. 3. The Notice ofEntry ofJudgment or Order was mailed: a. on (date): 9/15/2022 b. from (cityand state): Santa Rosa, CA 4. The envelope was addressed and mailed as follows: a. Name of person served: c. Name ofperson served: Mitchell Greenberg & Daniel Wilson Street address: 100 Stony Point Road, Suite 200 Street address: City: Santa Rosa City: State and zip code: CA 95401 State and zip code: b. Name ofperson served: d. Name ofperson served: Street address: Street address: City: City: State and zip code: State and zip code: (-} Names and addresses of additionalpersons served are attached. (You may use form POS-030(P).) 5. Number ofpages attached 2... |declare under penalty ofperjury under the laws of the Stateof Californiathatthe foregoing is trueand correct. Date: 9/15/2022 Christine I > ( IipeZ (TYPEOR PRINT NAME OF DECLARANT) (SIGNATUREOFDECLARANT) Page2 of 2 CIV-130 [NewJanuary 4, 2010) NOTICE OF ENTRY OF JUDGMENT OR ORDER * | Essential GB | EiForms 1 | DAVIN R. BACHO (SBN 282613) ELECTRONICALLY FILED CLEMENT, FITZPATRICK & KENWORTHY Superior Court of California 2 || 3333 Mendocino Avenue, Suite 200 County of Sonoma 3 | Santa Rosa, CA 95403 Robert Oliver, Clerk of the Court Telephone: (707) 523-1181 By: Lorena Deloza, Deputy Clerk 4 || Facsimile: (707) 546-1360 dbacho@cfk.com 5 Attorneys for Plaintiffs Barry Brilliant 6 | and Dagmar K. Hoheneck-Smith 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SONOMA 10 | BARRY BRILLIANT, an individual; and Case No. SCV-267406 DAGMAR K. HOHENECK-SMITH, an il individual and as trustee of THE | ORDER GRANTING D DAGMAR HOHENECK-SMITH TRUST, LAINTIFFS’ EX PARTE APPLICATION dated December 14, 2010, FOR LEAVE TO FILE THE AMENDMENT 13 _ TO THE FIRST AMENDED COMPLAINT Plaintiffs, TO SUBSTITUTE TRUE NAME OF DOE 14 DEFENDANT vs. 13 | MITCHELL G. BLACK, an individual and Date: September 15. 2022 dba BLACK KNIGHT VINEYARDS; Time: 1030AM, 16 | DEANNE G. BLACK, an individual and Der 18 dba BLACK KNIGHT VINEYARDS; and Spt: 17 DOES ONE through TWENTY, inclusive, Judge: Hon. Jennifer V. Dollard 18 Defendants. 19 (Unlimited Civil) 20 || AND RELATED CROSS-ACTIONS 21 22 | 93 |//// ng [III 5 |//// 26 27 28 1 [PROPOSED] ORDER GRANTING PLAINTIFFS’ EX PARTE APPLICATION FOR LEAVE TO FILE THE AMENDMENT TO THE FIRST AMENDED COMPLAINT TO SUBSTITUTE TRUE NAME OF DOE DEFENDANT 1 After reviewing and considering the Plaintiffs’ Ex Parte Application For Leave To File The 2 || Amendment To The First Amended Complaint To Substitute True Name Of Doe Defendant and any 3 || opposition submitted on September 15, 2022 in Courtroom 18, with good cause appearing therefore, it 4| is hereby ordered that Plaintiffs’ Ex Parte Application is GRANTED. Plaintiffs shall filetheir 5 || proposed amendment naming Black Knight Vineyard, LLC as a Defendant substituting out DOE No. 6 | 1 and serve counsel of record for Black Knight Vineyard, LLC. Black Knight Vineyard, LLC shall 7 | file aresponsive pleading within thirty days of service of the amendment. 8 9/15/2022 9 || Dated: f Vlad 10 JUDGE OF THE SUPERIOR COURT 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FESS SEER GRAIG TRUE NAME RT OF DOE ARTS DEFENDANT CAO