Document for Brilliant vs Black

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                                1 | DAVIN R. BACHO (SBN 282613)
          JEFFREY S. LYONS (SBN 227277)
     2 | CLEMENT, FITZPATRICK & KENWORTHY
          3333 Mendocino Avenue, Suite 200
     3}   Santa Rosa, CA 95403
     4 || Telephone: (707) 523-1181
          Facsimile: (707) 546-1360
     5 || dbacho@cfk.com
          jlyons@cfk.com
     6

     7|   Attorneys for Plaintiffs and Cross-Defendants
          Barry Brilliant and Dagmar K. Hoheneck-Smith
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     9                                SUPERIOR COURT OF THE STATE OF CALIFORNIA

10                                                       COUNTY OF SONOMA

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12        BARRY BRILLIANT, an individual; and                      Case No.    SCV-267406
          DAGMAR K. HOHENECK-SMITH, an
13        individual and as trusteeTRUST
          HOHENECK-SMITH             of THE dated
                                              DAGMAR               JOINT NEUTRAL STATEMENT OF
14 |      December 14, 2010,                                       THE CASE
15                            Plaintiffs,
16           Vs.                                                   (Unlimited Civil)

17        MITCHELL G. BLACK, an individual and                     TRIAL DATE:         February 24, 2023
          dba BLACK KNIGHT VINEYARDS;                              Time:               8:30 a.m.
18        DEANNE       G. BLACK, an individual and dba                            .
          BLACK KNIGHT VINEYARDS; and DOES |                       Department:         18
19        ONE through TWENTY,               inclusive,
                          4                                        Judge:     Christopher M. Honigsberg
20                            Defendants.

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          AND RELATED CROSS-ACTION
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24                 On February 14, 2023, counsel for all parties met and conferred to provide this joint

25 || neutral statement of the case to be read to the jury as requested by the Trial Orders. The statement

26 || which was agreed upon is as follows:

27                 This neighbor dispute stems from a fire that that began on a July 7, 2021, and a row of

28 || poplar trees at the northern boundary of the Defendants’ property, and the Southern boundary of


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                                            JOINT NEUTRAL STATEMENT OF THE CASE
      1 || the Plaintiffs’ property.    Plaintiffs have concerns about the danger of falling trees and branches as

      2|   well as the vegetation management on the Defendant’s property. Plaintiffs seek damages,

      3 || injunctive relief and declaratory relief. Defendants believe they are managing and maintaining

     4|    their property, including the trees, in a safe manner and deny responsibility pertaining to the fire.

      5 || Defendants seek a judicial determination of the rights of the parties with respect to the ownership

     6 || of the trees.

     7 || Dated:    February 15, 2023               CLEMENT, FITZPATRICK & KENWORTHY
     8                                                      Ze

     9                                              By
                                                           Davin R. Bacho
 10                                                        Attorneys for Plaintiffs
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 12 |      Dated:   February 15, 2023               O'BRIEN WATTERS & DAVIS, LLP
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14                                                  By      Myaderley         ap by
                                                           Graden Tapley
15                                                         Attorneys for Defendants
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                                         JOINT NEUTRAL STATEMENT OF THE CASE