Preview
[Exempt From Filing Fee
Government Code § 6103]
1 OFFICE OF THE NAPA COUNTY COUNSEL
THOMAS ZELENY, State Bar No. 176280
2 tzeleny@countyofnapa.org
SHERRI S. KAISER, State Bar No. 197986
3 skaiser@countyofnapa.org
1195 Third Street, Ste. 301
4 Napa, California 94559
Telephone: (707) 254-4521
5 Facsimile: (707) 259-8220
6 ALESHIRE & WYNDER, LLP
G. ROSS TRINDLE, III, State Bar No. 228654
7 gtrindle@awattorneys.com
ALISON S. FLOWERS, State Bar No. 271309
8 aflowers@awattorneys.com
ERIKA D. GREEN, State Bar No. 285370
9 egreen@awattorneys.com
1301 Marina Village Parkway, Suite 310
10 Alameda, California 94501
Telephone: (510) 337-2810
11 Facsimile: (510) 337-2811
12 Attorneys for Plaintiffs NAPA COUNTY and
THE PEOPLE OF THE STATE OF
13 CALIFORNIA
14 SUPERIOR COURT OF THE STATE OF CALIFORNIA
15 COUNTY OF NAPA
16
17 NAPA COUNTY and THE PEOPLE OF THE Case No. 22CV001262
STATE OF CALIFORNIA ex. rel. THOMAS
18 ZELENY, as Interim Napa County Counsel, SUPPLEMENTAL DECLARATION OF
KELLI CAHILL IN SUPPORT OF
19 Plaintiffs, PLAINTIFFS’ ORDER TO SHOW CAUSE
RE PRELIMINARY INJUNCTION
20 v.
[Filed Concurrently with:
21 HOOPES FAMILY WINERY PARTNERS, 1. Plaintiffs’ Reply to Opposition Re
LP, HOOPES VINEYARD, LLC, LINDSAY Preliminary Injunction
22 BLAIR HOOPES, and DOES 1 through 10 2. Plaintiffs’ Reply To Evidentiary Objections
inclusive, 3. Plaintiff’s Request for Judicial Notice in
23 Support of Reply
Defendants. 4. Declaration of Akenya Robinson-Webb]
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Date: November 17, 2022
25 Time: 1:30 p.m.
Dept: A
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Action Filed: October 20, 2022
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01346.0101/836940.1
SUPPLEMENTAL DECLARATION OF KELLI CAHILL IN SUPPORT OF PLAINTIFFS’
ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION
1 DECLARATION OF KELLI CAHILL
2 I, Kelli Cahill, declare as follows:
3 1. I am currently employed as a Planner III for Napa County (“County”). I have
4 personal knowledge of the facts set forth herein, except as to those stated on information and belief
5 and, as to those, I am informed and believe them to be true. If called as a witness, I could and would
6 competently testify to the matters stated herein. I make this supplemental declaration in further
7 support of Napa County And The People Of The State Of California Ex. Rel. Thomas Zeleny’s
8 request for Preliminary Injunction against Defendants, Hoopes Family Winery Partners, LP, Hoopes
9 Vineyard, LLC, Lindsay Blair Hoopes in the above captioned action.
10 2. I have been personally monitoring the activities at Hoopes Vineyard (“Hoopes”) as
11 advertised on Hoopes’ website since January 2020 and social media pages since since May 2020.
12 Based on my observations, I have learned that Hoopes is selling experiences starting at $100 per
13 person and continues to sell these experiences as of the date of this declaration. The offering of such
14 experiences exceed Hoopes’ Small Winery Exemption which only allows for the retail sale of wine.
15 3. During my process of monitoring the activities at Hoopes, I have personally
16 downloaded information from Hoopes’ social media pages and websites demonstrating the
17 commercial activities that are taking place at the Vineyard that exceed the scope the Hoopes’ Small
18 Winery Exemption. Copies of Hoopes’ social media pages and websites that I have downloaded are
19 attached to Plaintiffs’ complaint in this action and are included in Exhibit B and Exhibit G to my
20 initial declaration filed in support of Plaintiffs’ moving papers. These pages clearly demonstrate that
21 Hoopes is operating beyond the Small Winery Exemption by offering and hosting private tastings
22 and hosting social events with live music and art.
23 4. During my process of monitoring the activities at Hoopes, I came across a local
24 television broadcast about Hoopes. Most recently, I also observed an October 4, 2022 episode of the
25 Cuvee Collective upon which Defendant Lindsay Hoopes talks about Hoopes Family Vineyard and
26 its operations. In the episode, Ms. Hoopes admits that Hoopes offers tastings and tasting
27 experiences. The offering of tastings violate Hoopes’ Small Winery Exemption and Napa County
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01346.0101/836940.1 -2-
SUPPLEMENTAL DECLARATION OF KELLI CAHILL IN SUPPORT OF PLAINTIFFS’
ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION
1 Code 18.08.600. This video can be viewed at https://mag.sommtv.com/2022/10/hoopes-family-
2 vineyard-nft.
3 I declare under penalty of perjury under the laws of the State of California that the foregoing
4 is true and correct.
5 Executed on this 16th day of November, 2022, at Napa, California.
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7 _______________________________
8 Kelli Cahill, Planner III
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01346.0101/836940.1 -3-
SUPPLEMENTAL DECLARATION OF KELLI CAHILL IN SUPPORT OF PLAINTIFFS’
ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION
1 PROOF OF SERVICE
2 Napa County v. Hoopes Family Winery Partners, LP
Napa County Superior Court; Case No. 22CV001262
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STATE OF CALIFORNIA, COUNTY OF RIVERSIDE
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At the time of service, I was over 18 years of age and not a party to this action. I am
5 employed in the County of Riverside, State of California. My business address is 3880 Lemon
Street, Suite 520, Riverside, CA 92501.
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On November 16, 2022, I served true copies of the following document(s) described as
7 SUPPLEMENTAL DECLARATION OF KELLI CAHILL IN SUPPORT OF PLAINTIFFS’
ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION on the interested parties in
8 this action as follows:
9 Katharine H. Falace, Esq. Counsel for Defendants HOOPES FAMILY
BUCHALTER WINERY PARTNERS, LP, HOOPES
10 1230 Pine St. VINEYARD, LLC
St. Helena, CA 94574-1106
11
E-mail:kfalace@buchalter.com
12 jgleffe@buchalter.com
13 (e-service per CRC 2.251)
14 Lindsay Blair Hoopes, Esq. In Pro Per & Co-Counsel for HOOPES
2913 Victoria Court VINEYARD, LLC
15 Napa, CA 94558
16 Via Federal Express
17 BY OVERNIGHT DELIVERY: I enclosed said document(s) in an envelope or package
provided by the overnight service carrier and addressed to the persons at the addresses listed in the
18 Service List. I placed the envelope or package for collection and overnight delivery at an office or
a regularly utilized drop box of the overnight service carrier or delivered such document(s) to a
19 courier or driver authorized by the overnight service carrier to receive documents.
20 BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the document(s)
to be sent from e-mail address mmunoz@awattorneys.com to the persons at the e-mail addresses
21 listed in the Service List. I did not receive, within a reasonable time after the transmission, any
electronic message or other indication that the transmission was unsuccessful.
22
I declare under penalty of perjury under the laws of the State of California that the foregoing
23 is true and correct.
24 Executed on November 16, 2022, at Riverside, California.
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Maria E. Munoz
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01346.0101/836940.1 -4-
SUPPLEMENTAL DECLARATION OF KELLI CAHILL IN SUPPORT OF PLAINTIFFS’
ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION
Preview
[Exempt From Filing Fee Government Code § 6103] 1 OFFICE OF THE NAPA COUNTY COUNSEL THOMAS ZELENY, State Bar No. 176280 2 tzeleny@countyofnapa.org SHERRI S. KAISER, State Bar No. 197986 3 skaiser@countyofnapa.org 1195 Third Street, Ste. 301 4 Napa, California 94559 Telephone: (707) 254-4521 5 Facsimile: (707) 259-8220 6 ALESHIRE & WYNDER, LLP G. ROSS TRINDLE, III, State Bar No. 228654 7 gtrindle@awattorneys.com ALISON S. FLOWERS, State Bar No. 271309 8 aflowers@awattorneys.com ERIKA D. GREEN, State Bar No. 285370 9 egreen@awattorneys.com 1301 Marina Village Parkway, Suite 310 10 Alameda, California 94501 Telephone: (510) 337-2810 11 Facsimile: (510) 337-2811 12 Attorneys for Plaintiffs NAPA COUNTY and THE PEOPLE OF THE STATE OF 13 CALIFORNIA 14 SUPERIOR COURT OF THE STATE OF CALIFORNIA 15 COUNTY OF NAPA 16 17 NAPA COUNTY and THE PEOPLE OF THE Case No. 22CV001262 STATE OF CALIFORNIA ex. rel. THOMAS 18 ZELENY, as Interim Napa County Counsel, SUPPLEMENTAL DECLARATION OF KELLI CAHILL IN SUPPORT OF 19 Plaintiffs, PLAINTIFFS’ ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION 20 v. [Filed Concurrently with: 21 HOOPES FAMILY WINERY PARTNERS, 1. Plaintiffs’ Reply to Opposition Re LP, HOOPES VINEYARD, LLC, LINDSAY Preliminary Injunction 22 BLAIR HOOPES, and DOES 1 through 10 2. Plaintiffs’ Reply To Evidentiary Objections inclusive, 3. Plaintiff’s Request for Judicial Notice in 23 Support of Reply Defendants. 4. Declaration of Akenya Robinson-Webb] 24 Date: November 17, 2022 25 Time: 1:30 p.m. Dept: A 26 Action Filed: October 20, 2022 27 28 01346.0101/836940.1 SUPPLEMENTAL DECLARATION OF KELLI CAHILL IN SUPPORT OF PLAINTIFFS’ ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION 1 DECLARATION OF KELLI CAHILL 2 I, Kelli Cahill, declare as follows: 3 1. I am currently employed as a Planner III for Napa County (“County”). I have 4 personal knowledge of the facts set forth herein, except as to those stated on information and belief 5 and, as to those, I am informed and believe them to be true. If called as a witness, I could and would 6 competently testify to the matters stated herein. I make this supplemental declaration in further 7 support of Napa County And The People Of The State Of California Ex. Rel. Thomas Zeleny’s 8 request for Preliminary Injunction against Defendants, Hoopes Family Winery Partners, LP, Hoopes 9 Vineyard, LLC, Lindsay Blair Hoopes in the above captioned action. 10 2. I have been personally monitoring the activities at Hoopes Vineyard (“Hoopes”) as 11 advertised on Hoopes’ website since January 2020 and social media pages since since May 2020. 12 Based on my observations, I have learned that Hoopes is selling experiences starting at $100 per 13 person and continues to sell these experiences as of the date of this declaration. The offering of such 14 experiences exceed Hoopes’ Small Winery Exemption which only allows for the retail sale of wine. 15 3. During my process of monitoring the activities at Hoopes, I have personally 16 downloaded information from Hoopes’ social media pages and websites demonstrating the 17 commercial activities that are taking place at the Vineyard that exceed the scope the Hoopes’ Small 18 Winery Exemption. Copies of Hoopes’ social media pages and websites that I have downloaded are 19 attached to Plaintiffs’ complaint in this action and are included in Exhibit B and Exhibit G to my 20 initial declaration filed in support of Plaintiffs’ moving papers. These pages clearly demonstrate that 21 Hoopes is operating beyond the Small Winery Exemption by offering and hosting private tastings 22 and hosting social events with live music and art. 23 4. During my process of monitoring the activities at Hoopes, I came across a local 24 television broadcast about Hoopes. Most recently, I also observed an October 4, 2022 episode of the 25 Cuvee Collective upon which Defendant Lindsay Hoopes talks about Hoopes Family Vineyard and 26 its operations. In the episode, Ms. Hoopes admits that Hoopes offers tastings and tasting 27 experiences. The offering of tastings violate Hoopes’ Small Winery Exemption and Napa County 28 01346.0101/836940.1 -2- SUPPLEMENTAL DECLARATION OF KELLI CAHILL IN SUPPORT OF PLAINTIFFS’ ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION 1 Code 18.08.600. This video can be viewed at https://mag.sommtv.com/2022/10/hoopes-family- 2 vineyard-nft. 3 I declare under penalty of perjury under the laws of the State of California that the foregoing 4 is true and correct. 5 Executed on this 16th day of November, 2022, at Napa, California. 6 7 _______________________________ 8 Kelli Cahill, Planner III 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 01346.0101/836940.1 -3- SUPPLEMENTAL DECLARATION OF KELLI CAHILL IN SUPPORT OF PLAINTIFFS’ ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION 1 PROOF OF SERVICE 2 Napa County v. Hoopes Family Winery Partners, LP Napa County Superior Court; Case No. 22CV001262 3 STATE OF CALIFORNIA, COUNTY OF RIVERSIDE 4 At the time of service, I was over 18 years of age and not a party to this action. I am 5 employed in the County of Riverside, State of California. My business address is 3880 Lemon Street, Suite 520, Riverside, CA 92501. 6 On November 16, 2022, I served true copies of the following document(s) described as 7 SUPPLEMENTAL DECLARATION OF KELLI CAHILL IN SUPPORT OF PLAINTIFFS’ ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION on the interested parties in 8 this action as follows: 9 Katharine H. Falace, Esq. Counsel for Defendants HOOPES FAMILY BUCHALTER WINERY PARTNERS, LP, HOOPES 10 1230 Pine St. VINEYARD, LLC St. Helena, CA 94574-1106 11 E-mail:kfalace@buchalter.com 12 jgleffe@buchalter.com 13 (e-service per CRC 2.251) 14 Lindsay Blair Hoopes, Esq. In Pro Per & Co-Counsel for HOOPES 2913 Victoria Court VINEYARD, LLC 15 Napa, CA 94558 16 Via Federal Express 17 BY OVERNIGHT DELIVERY: I enclosed said document(s) in an envelope or package provided by the overnight service carrier and addressed to the persons at the addresses listed in the 18 Service List. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight service carrier or delivered such document(s) to a 19 courier or driver authorized by the overnight service carrier to receive documents. 20 BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the document(s) to be sent from e-mail address mmunoz@awattorneys.com to the persons at the e-mail addresses 21 listed in the Service List. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. 22 I declare under penalty of perjury under the laws of the State of California that the foregoing 23 is true and correct. 24 Executed on November 16, 2022, at Riverside, California. 25 26 Maria E. Munoz 27 28 01346.0101/836940.1 -4- SUPPLEMENTAL DECLARATION OF KELLI CAHILL IN SUPPORT OF PLAINTIFFS’ ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION