Preview
EXHIBIT A
1 O’BRIEN WATTERS & DAVIS, LLP
Michael G. Watters, Esq. (CSB No. 63140)
2 Graden R. Tapley, Esq. (CSB No. 222636)
1550 Airport Blvd., Suite 201
3 Santa Rosa, CA 95403
(707) 545-7010
4
Attorneys for Defendants,
5 Mitchell Black, Deanne Black, Black Knight Vineyards
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF SONOMA
10
11 BARRY BRILLIANT, an individual ; and Case No. SCV-267406
DAGMAR K. HOHENECK-SMITH, an
12 individual and as Trustee of THE DAGMAR
HOHENECK-SMITH TRUST dated December DEFENDANT DEANNE BLACK’S
13 14, 2010, RESPONSE TO SPECIAL
INTERROGATORIES, SET ONE
14 Plaintiffs,
15 vs.
16 MITCHELL G. BLACK, an individual and dba
BLACK KNIGHT VINEYARDS ; DEANNE
17 G. BLACK, an individual and dba BLACK
KNIGHT VINEYARDS ; and DOES 1-120,
18
Defendants.
19 ______________________________________/
20 PROPOUNDING PARTY: Plaintiff, BARRY BRILLIANT
21 RESPONDING PARTY: Defendant, DEANNE BLACK
22 SET NUMBER: ONE (1)
23 Defendant, DEANNE BLACK, responds to Plaintiff, BARRY BRILLIANT’s Special
24 Interrogatories, Set One, as follows:
25 PRELIMINARY STATEMENT
26 Defendant, DEANNE BLACK, responds to Plaintiff, BARRY BRILLIANT’s Special
27 Interrogatories, Set One, by responding, answering, admitting, denying and objecting as hereinafter
28 set forth. This response is made and based upon Responding Party’s legal obligations, as set forth in
DEFENDANT DEANNE BLACK’S RESPONSES TO SPECIAL INTERROGATORIES, SET NO. 1
Brilliant v. Black, SCV-267406
1
1 the Discovery Act of the California Code of Civil Procedure, rather than on any standards that
2 Propounding Party may attempt to create. These responses are also made and based upon Responding
3 Party’s current information, as discovery is ongoing. Should the continuing process of discovery
4 provide Responding party with any new and different facts, Responding Party reserves the right to
5 adduce testimony or evidence consistent with the truth as later discovered, rather than these
6 responses.
7 RESPONSES TO SPECIAL INTERROGATORIES
8 Special Interrogatory No. 1:
9 Please state any and all dates YOU (as used herein the tenns "YOU" or "YOUR" refers to
10 defendant, DEANNE G. BLACK), or those acting on YOUR behalf, have taken any action to
11 MAINTAIN ("hereinafter the terms "MAINTENANCE" or "MAINTAIN" shall refer to the act
12 designated to ensure the health and safety of the TREES, as an entire cluster or any individual tree
13 within the cluster, including but not limited to, pruning, trimming, limbing or topping) the TREES
14 (hereinafter the term "TREES" refers to the cluster of poplar trees on, or in close proximity to, the
15 border of YOUR PROPERTY and PLAINTIFFS' PROPERTY, which are the subject of the current
16 litigation). [Hereinafter the terms "YOUR PROPERTY" refers to real property located at 4889 Grange
17 Road, Santa Rosa, California 95404 designated as APN 049-160-097.] [Hereinafter the term
18 "PLAINTIFFS' PROPERTY" refers to real property located at 4725 Sheehan Lane, Santa Rosa,
19 California designated as APN 049-450-03 9.]
20 Response to Special Interrogatory No. 1:
21 Objection: CCP 2030.060(f); Without waiving the foregoing objection, Responding Party
22 responds: All maintenance before June 2020 was performed by myself and crew.
23 Special Interrogatory No.2:
24 Please state any and all dates YOU, or those acting on YOUR behalf, have taken any action to
25 perform DEBRIS REMOVAL (hereinafter the term "DEBRIS REMOVAL" shall refer to the act of
26 collecting and disposing of fallen trees, branches, leaves or other biological material created by the
27 TREES from YOUR PROPERTY, in whole or in part, onto the PLAINTIFFS' PROPERTY).
28 Response to Special Interrogatory No. 2:
DEFENDANT DEANNE BLACK’S RESPONSES TO SPECIAL INTERROGATORIES, SET NO. 1
Brilliant v. Black, SCV-267406
2
1 Objection: CCP 2030.060(f); Without waiving the foregoing objection, Responding Party
2 responds: Maintenance is constant on Black Knight Vineyard and cannot provide dates. It is performed
3 as needed.
4 Special Interrogatory No. 3:
5 Please IDENTIFY (hereinafter the term "IDENTIFY'' means to state all known contact
6 information") any and all PERSONS (hereinafter the term "PERSON" or "PERSONS" refers to a
7 natural person, firm, association, organization, partnership, businesses trust, corporation, or public
8 entity) that have assisted YOU in performing MAINTENANCE on the TREES.
9 Response to Special Interrogatory No. 3:
10 Objection: CCP 2030.060(f); Without waiving the foregoing objection, Responding Party
11 responds: Black Knight Vineyard will provide that information.
12 Special Interrogatory No. 4:
13 Please IDENTIFY any and all PERSONS that have assisted YOU in performing DEBRIS
14 REMOVAL.
15 Response to Special Interrogatory No. 4:
16 Objection: CCP 2030.060(f); Without waiving the foregoing objection, Responding Party
17 responds: Phillipe; Fenalone; Guerremo.
18 Special Interrogatory No. 5:
19 Please IDENTIFY any and all PERSONS that were physically on YOUR PROPERTY at any
20 time on July 7, 2021.
21 Response to Special Interrogatory No. 5:
22 Objection: CCP 2030.060(f); Without waiving the foregoing objection, Responding Party
23 responds: I was living in Florida at that time and I have no knowledge.
24 Special Interrogatory No. 6:
25 Please state YOUR personal opinion on how THE FIRE ("THE FIRE" shall refer to the fire that
26 occurred on YOUR PROPERTY on July 7, 2021) started.
27 Response to Special Interrogatory No. 6:
28 I was living in Florida at that time and I have no personal knowledge.
DEFENDANT DEANNE BLACK’S RESPONSES TO SPECIAL INTERROGATORIES, SET NO. 1
Brilliant v. Black, SCV-267406
3
1 Special Interrogatory No. 7:
2 Please provide all facts conveyed to YOU about how THE FIRE started.
3 Response to Special Interrogatory No. 7:
4 A fire occurred, immediate response to put it out with we towels, hoses and the fire department
5 dispatched to assist. No evidence on how it started.
6 Special Interrogatory No. 8:
7 Is it YOUR opinion that Mitchell Black dislikes Barry Brilliant?
8 Response to Special Interrogatory No. 8:
9 Mutual dislike.
10 Special Interrogatory No. 9:
11 If YOUR response to Special Interrogatory number 8 is "Yes" or in the affirmative, please state
12 all facts that have lead YOU to the opinion that Mitchell Black dislikes Barry Brilliant.
13 Response to Special Interrogatory No. 9:
14 Objection: CCP §2030.060(d), 2030.060(f); Without waiving the foregoing objections,
15 Responding Party responds: Year and years of Brilliant’s harassment, blackmail, verbal abuse,
16 inappropriate behavior to the female crew and disrespect in general for me.
17 Special Interrogatory No. 10:
18 Is it YOUR opinion that Mitchell Black is refusing to MAINTAIN the TREES, at least in part,
19 because he dislikes Barry Brilliant?
20 Response to Special Interrogatory No. 10:
21 Objection: assumes facts not in evidence; Without waiving the foregoing objections,
22 Responding Party responds: No.
23 Special Interrogatory No. 11:
24 Is it YOUR opinion that Mitchell Black is refusing to perform DEBRIS REMOVAL, at least in
25 part, because he dislikes Barry Brilliant?
26 Response to Special Interrogatory No. 11:
27 Objection: assumes facts not in evidence; Without waiving the foregoing objections,
28 Responding Party responds: No.
DEFENDANT DEANNE BLACK’S RESPONSES TO SPECIAL INTERROGATORIES, SET NO. 1
Brilliant v. Black, SCV-267406
4
1 Special Interrogatory No. 12:
2 Is it YOUR opinion that Mitchell Black dislikes Dagmar Hoheneck-Smith?
3 Response to Special Interrogatory No. 12:
4 Yes.
5 Special Interrogatory No. 13:
6 Please IDENTIFY any and all employees that worked on YOUR PROPERTY on July 7, 2021.
7 Response to Special Interrogatory No. 13:
8 Objection: CCP 2030.060(f); Without waiving the foregoing objection, Responding Party
9 responds: I was living in Florida; I have no knowledge.
10 Special Interrogatory No. 14:
11 Have YOU considered removing the TREES?
12 Response to Special Interrogatory No. 14:
13 Objection: assumes facts not in evidence; Without waiving the foregoing objection, Responding
14 Party responds: Yes, I wanted to end the conflict and harassment from the Brilliants.
15 Special Interrogatory No. 15:
16 If YOUR response to Special Interrogatory number 14 is "Yes" please state all reasons why
17 YOU have not removed the TREES.
18 Response to Special Interrogatory No. 15:
19 Objection: CCP 2030.060(d); Without waiving the foregoing objection, Responding Party
20 responds: In my opnion, the Brilliants want a better view, to increases their property value at the
21 expense of Black Knight Vineyards. No trees have fallen in 2 years. A 4.4 earthquake in Santa Rosa
22 and extreme high winds from Petaluma Wind Gap did not bring down even one tree. The 104 trees
23 requested to be removed will hurt the environment and vineyard. They are only requesting healthy
24 small trees to be cut down because of a desire for a better view and money.
25 Special Interrogatory No. 16:
26 Have YOU or those acting on YOUR behalf performed any MAINTENANCE on the TREES?
27 Response to Special Interrogatory No. 16:
28 Objection: CCP 2030.060(f), assumes facts not in evidence; Without waiving the foregoing
DEFENDANT DEANNE BLACK’S RESPONSES TO SPECIAL INTERROGATORIES, SET NO. 1
Brilliant v. Black, SCV-267406
5
1 objections, Responding Party responds: Black Knight Vineyard has removed 25 trees and general
2 maintenance is constant.
3 Special Interrogatory No. 17:
4 If Your response to Special Interrogatory number 16 is "Yes" please state all dates that YOU, or
5 those acting on YOUR behalf, performed MAINTENANCE on the TREES.
6 Response to Special Interrogatory No. 17:
7 Objection: CCP 2030.060(d); Without waiving the foregoing objection, Responding Party
8 responds: Provided by Black Knight Vineyard.
9 Special Interrogatory No. 18:
10 For each date identified in YOUR response to Special Interrogatory number 17, please state the
11 action that was taken in furtherance of performing MAINTENANCE on the TREES.
12 Response to Special Interrogatory No. 18:
13 Objection: CCP 2030.060(d); Without waiving the foregoing objection, Responding Party
14 responds: Black Knight Vineyard will provide that information.
15 Special Interrogatory No. 19:
16 If YOUR response to Special Interrogatory number 16 is "No" please state all reasons why
17 YOU have not performed MAINTENANCE on the TREES.
18 Response to Special Interrogatory No. 19:
19 Objection: CCP 2030.060(d); Without waiving the foregoing objection, Responding Party
20 responds: Provided by Black Knight Vineyard.
21 Special Interrogatory No. 20:
22 Have YOU, or those acting on YOUR behalf, performed DEBRIS REMOVAL?
23 Response to Special Interrogatory No. 20:
24 Objection: CCP 2030.060(f), assumes facts not in evidence; Without waiving the foregoing
25 objections, Responding Party responds: Yes.
26 Special Interrogatory No. 21:
27 If YOUR response to Special Interrogatory number 20 is "Yes" please state all dates that YOU,
28 or those acting on YOUR behalf, performed DEBRIS REMOVAL.
DEFENDANT DEANNE BLACK’S RESPONSES TO SPECIAL INTERROGATORIES, SET NO. 1
Brilliant v. Black, SCV-267406
6
1 Response to Special Interrogatory No. 21:
2 Objection: CCP 2030.060(d); Without waiving the foregoing objection, Responding Party
3 responds: Provided by Black Knight Vineyard.
4 Special Interrogatory No. 22:
5 For each date identified in YOUR response to Special Interrogatory number 21, please state the
6 action that was taken in furtherance of performing DEBRIS REMOVAL.
7 Response to Special Interrogatory No. 22:
8 Objection: CCP 2030.060(d); Without waiving the foregoing objection, Responding Party
9 responds: Constant maintenance was performed by me from 2007 to June 2020.
10 Special Interrogatory No. 23:
11 If YOUR response to Special Interrogatory number 20 is ''No" please state all reasons why
12 YOU have not performed DEBRIS REMOVAL.
13 Response to Special Interrogatory No. 23:
14 Objection: CCP 2030.060(d); Without waiving the foregoing objection, Responding Party
15 responds: N/A
16 Special Interrogatory No. 24:
17 Have either of the PLAINTIFFS (hereinafter the term "PLAINTIFFS" refers to Barry Brilliant
18 and Dagmar Hoheneck-Smith) requested that YOU perform MAINTENANCE on the TREES?
19 Response to Special Interrogatory No. 24:
20 No.
21 Special Interrogatory No. 25:
22 If YOUR response to Special Interrogatory number 24 is "Yes" please state all dates YOU
23 received such requests to perform MAINTENANCE on the TREES.
24 Response to Special Interrogatory No. 25:
25 Objection: CCP 2030.060(d); Without waiving the foregoing objection, Responding Party
26 responds: N/A
27 Special Interrogatory No. 26:
28 Have either of the PLAINTIFFS requested that YOU perform DEBRIS REMOVAL?
DEFENDANT DEANNE BLACK’S RESPONSES TO SPECIAL INTERROGATORIES, SET NO. 1
Brilliant v. Black, SCV-267406
7
1 Response to Special Interrogatory No. 26:
2 No, because it was about removal of trees not maintaining them.
3 Special Interrogatory No. 27:
4 If YOUR response to Special Interrogatory number 26 is "Yes" please state all dates YOU
5 received such requests to perform DEBRIS REMOVAL.
6 Response to Special Interrogatory No. 27:
7 No, just remove the trees.
8 Special Interrogatory No. 28:
9 Have either of the PLAINTIFFS requested that YOU remove the TREES?
10 Response to Special Interrogatory No. 28:
11 Objection: CCP 2030.060(d); Without waiving the foregoing objection, Responding Party
12 responds: Yes.
13 Special Interrogatory No. 29:
14 If YOUR response to Special Interrogatory number 28 is "Yes" please state all dates YOU
15 received such requests to remove the TREES.
16 Response to Special Interrogatory No. 29:
17 Objection: CCP 2030.060(d); Without waiving the foregoing objection, Responding Party
18 responds: In current lawsuit; Small Claims suit.
19 Special Interrogatory No. 30:
20 Did YOU speak with any GOVERNMENT AGENCY (hereinafter the term
21 "GOVERNMENT AGENCY" means any city, county, state, or federal agency or their agents which
22 monitors, inspects, or addresses fires or fire safety, including but not limited to, vegetation
23 management) regarding THE FIRE?
24 Response to Special Interrogatory No. 30:
25 No.
26 Special Interrogatory No. 31:
27 If YOUR response to special interrogatory number 31 is "Yes" please state any and all facts YOU
28 conveyed to any GOVERNMENT AGENCY regarding THE FIRE.
DEFENDANT DEANNE BLACK’S RESPONSES TO SPECIAL INTERROGATORIES, SET NO. 1
Brilliant v. Black, SCV-267406
8
1 Response to Special Interrogatory No. 31:
2 Objection: CCP 2030.060(d); Without waiving the foregoing objection, Responding Party
3 responds: N/A
4 Special Interrogatory No. 32:
5 Did YOU speak with any GOVERNMENT AGENCY regarding the TREES?
6 Response to Special Interrogatory No. 32:
7 No.
8 Special Interrogatory No. 33:
9 If YOUR response to Special Interrogatory number 31 is "Yes" please state any and all dates
10 YOU spoke to any GOVERNMENT Agency regarding the TREES.
11 Response to Special Interrogatory No. 33:
12 Objection: CCP 2030.060(d); Without waiving the foregoing objection, Responding Party
13 responds: N/A
14 Special Interrogatory No. 34:
15 Please state all dates YOU were physically at YOUR PROPERTY in the calendar year of 2021.
16 Response to Special Interrogatory No. 34:
17 None.
18
19 Dated: October 14, 2022 O’BRIEN WATTERS & DAVIS, LLP
20
21
By: __________________________________
22 Graden R. Tapley
Attorneys for Defendants,
23 Mitchell Black, Deanne Black,
Black Knight Vineyards
24
25
26
27
28
DEFENDANT DEANNE BLACK’S RESPONSES TO SPECIAL INTERROGATORIES, SET NO. 1
Brilliant v. Black, SCV-267406
9
EXHIBIT B
·1· · · · · ·SUPERIOR COURT OF THE STATE OF CALIFORNIA
·2· · · · · · · · · · · · COUNTY OF SONOMA
·3
·4· ·BARRY BRILLIANT, an individual;
· · ·and DAGMAR K. HOHENECK-SMITH, an
·5· ·individual and as trustee of THE
· · ·DAGMAR HOHENECK-SMITH TRUST
·6· ·dated December 14, 2010,
· · · · · · · · · · · · · · · · · · · · Case No. SCV-267406
·7· · · · · · · · · · Plaintiffs,
·8· ·vs.
·9
· · ·MITCHELL G. BLACK, an individual
10· ·and dba BLACK KNIGHT VINEYARDS;
· · ·DEANNE G. BLACK, an individual
11· ·and dba BLACK KNIGHT VINEYARDS;
· · ·and DOES ONE through TWENTY,
12· ·inclusive,
13· · · · · · · · · · Defendants.
14· ·_______________________________/
15
· · ·AND RELATED CROSS-ACTIONS
16
17
18
19· · · · · · · ·DEPOSITION BY ZOOM OF LEXINE BLACK
20
21
22· · · · · · · · · ·Taken before BONNIE ALPHIN
23· · · · · · ·Certified Shorthand Reporter No. 13798
24· · · · · · · · · · · State of California
25· · · · · · · · · · · · January 18, 2023
YVer1f
LEXINE BLACK - 01/18/2023
Page 39
·1· · · · A· ·Yes.· He would care.
·2· · · · Q· ·Would he care because he would be happy?
·3· · · · · · MR. TAPLEY:· I object that calls for
·4· speculation.
·5· · · · · · THE WITNESS:· That's a horrible question. I
·6· don't believe he would rejoice in anybody's death.
·7· · · · · · BY MR. BACHO:
·8· · · · Q· ·How about serious injury to Barry Brilliant?
·9· Would he rejoice in that?
10· · · · · · MR. TAPLEY:· I object as to speculative and
11· argumentative.
12· · · · · · THE WITNESS:· No.· I think that's cruel and do
13· not think he would -- that my father would rejoice in
14· someone's injury.
15· · · · · · BY MR. BACHO:
16· · · · Q· ·Is it your opinion that your father dislikes
17· Barry Brilliant?
18· · · · A· ·I believe that is a mutual feeling between them.
19· · · · Q· ·Just asking about your father.· Do you think
20· that your father dislikes Barry Brilliant?
21· · · · A· ·Probably.
22· · · · Q· ·Why do you say that?
23· · · · A· ·Barry has been harassing our family for years.
24· · · · Q· ·And why would you say that whatever Barry has
25· done in the past, why would you say that that leads to
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LEXINE BLACK - 01/18/2023
Page 40
·1· your opinion that your father dislikes him?
·2· · · · · · What has your father said or done that would
·3· lead you to that conclusion?
·4· · · · · · MR. TAPLEY:· I'll object that's a compound
·5· question.· You can answer it to the best of your ability.
·6· · · · · · BY MR. BACHO:
·7· · · · Q· ·Sure.· What has your father said that leads you
·8· to the conclusion that he doesn't like Barry Brilliant?
·9· · · · A· ·That he doesn't like Barry Brilliant.
10· · · · Q· ·Any other specifics?
11· · · · A· ·I believe it stems from his treatment of my
12· family and my employees and my business.
13· · · · Q· ·I just want to know what your father has said,
14· not the genesis of any dislike, so, outside of your
15· father --
16· · · · A· ·He said he doesn't -- sorry.
17· · · · Q· ·It's okay.· Let me just get the question on. I
18· know it's getting a little more casual on this because
19· we've been going for a while, but, earlier, you said that
20· your father did not like Barry Brilliant and has said that
21· he did not like Barry Brilliant.
22· · · · · · What else has he said to lead you to that
23· opinion today?
24· · · · A· ·He has said he doesn't like the way Barry has
25· treated my family members, my employees, my business, my
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LEXINE BLACK - 01/18/2023
Page 41
·1· property.
·2· · · · Q· ·Has he ever expressed statements of hatred, in
·3· your opinion, about Barry Brilliant?
·4· · · · A· ·Hatred is a subjective term.
·5· · · · Q· ·But just as you define it in your opinion.
·6· · · · A· ·I can't confidently say.
·7· · · · Q· ·Has there ever been any type of specific
·8· statements that your father has stated that would lead you
·9· to believe that he did not like Barry Brilliant outside of
10· the one that you identified earlier?
11· · · · A· ·No.· I do not have specific statements to
12· supply.
13· · · · Q· ·And how about Dagmar Hoheneck?· Has your father
14· ever expressed whether he likes or dislikes
15· Dagmar Hoheneck?
16· · · · A· ·Yes, he has.
17· · · · Q· ·And what did he say to lead you to that?
18· · · · A· ·That he -- I can't say confidently specifics. I
19· would say his feelings trend toward dislike.
20· · · · Q· ·Is it fair to say that your father's dislike for
21· Barry Brilliant is a known fact in your family?
22· · · · A· ·Yes.
23· · · · Q· ·Have you ever heard your mother say that she was
24· going to go to war with the plaintiffs?
25· · · · A· ·I cannot confidently say that I have.
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Preview
EXHIBIT A 1 O’BRIEN WATTERS & DAVIS, LLP Michael G. Watters, Esq. (CSB No. 63140) 2 Graden R. Tapley, Esq. (CSB No. 222636) 1550 Airport Blvd., Suite 201 3 Santa Rosa, CA 95403 (707) 545-7010 4 Attorneys for Defendants, 5 Mitchell Black, Deanne Black, Black Knight Vineyards 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SONOMA 10 11 BARRY BRILLIANT, an individual ; and Case No. SCV-267406 DAGMAR K. HOHENECK-SMITH, an 12 individual and as Trustee of THE DAGMAR HOHENECK-SMITH TRUST dated December DEFENDANT DEANNE BLACK’S 13 14, 2010, RESPONSE TO SPECIAL INTERROGATORIES, SET ONE 14 Plaintiffs, 15 vs. 16 MITCHELL G. BLACK, an individual and dba BLACK KNIGHT VINEYARDS ; DEANNE 17 G. BLACK, an individual and dba BLACK KNIGHT VINEYARDS ; and DOES 1-120, 18 Defendants. 19 ______________________________________/ 20 PROPOUNDING PARTY: Plaintiff, BARRY BRILLIANT 21 RESPONDING PARTY: Defendant, DEANNE BLACK 22 SET NUMBER: ONE (1) 23 Defendant, DEANNE BLACK, responds to Plaintiff, BARRY BRILLIANT’s Special 24 Interrogatories, Set One, as follows: 25 PRELIMINARY STATEMENT 26 Defendant, DEANNE BLACK, responds to Plaintiff, BARRY BRILLIANT’s Special 27 Interrogatories, Set One, by responding, answering, admitting, denying and objecting as hereinafter 28 set forth. This response is made and based upon Responding Party’s legal obligations, as set forth in DEFENDANT DEANNE BLACK’S RESPONSES TO SPECIAL INTERROGATORIES, SET NO. 1 Brilliant v. Black, SCV-267406 1 1 the Discovery Act of the California Code of Civil Procedure, rather than on any standards that 2 Propounding Party may attempt to create. These responses are also made and based upon Responding 3 Party’s current information, as discovery is ongoing. Should the continuing process of discovery 4 provide Responding party with any new and different facts, Responding Party reserves the right to 5 adduce testimony or evidence consistent with the truth as later discovered, rather than these 6 responses. 7 RESPONSES TO SPECIAL INTERROGATORIES 8 Special Interrogatory No. 1: 9 Please state any and all dates YOU (as used herein the tenns "YOU" or "YOUR" refers to 10 defendant, DEANNE G. BLACK), or those acting on YOUR behalf, have taken any action to 11 MAINTAIN ("hereinafter the terms "MAINTENANCE" or "MAINTAIN" shall refer to the act 12 designated to ensure the health and safety of the TREES, as an entire cluster or any individual tree 13 within the cluster, including but not limited to, pruning, trimming, limbing or topping) the TREES 14 (hereinafter the term "TREES" refers to the cluster of poplar trees on, or in close proximity to, the 15 border of YOUR PROPERTY and PLAINTIFFS' PROPERTY, which are the subject of the current 16 litigation). [Hereinafter the terms "YOUR PROPERTY" refers to real property located at 4889 Grange 17 Road, Santa Rosa, California 95404 designated as APN 049-160-097.] [Hereinafter the term 18 "PLAINTIFFS' PROPERTY" refers to real property located at 4725 Sheehan Lane, Santa Rosa, 19 California designated as APN 049-450-03 9.] 20 Response to Special Interrogatory No. 1: 21 Objection: CCP 2030.060(f); Without waiving the foregoing objection, Responding Party 22 responds: All maintenance before June 2020 was performed by myself and crew. 23 Special Interrogatory No.2: 24 Please state any and all dates YOU, or those acting on YOUR behalf, have taken any action to 25 perform DEBRIS REMOVAL (hereinafter the term "DEBRIS REMOVAL" shall refer to the act of 26 collecting and disposing of fallen trees, branches, leaves or other biological material created by the 27 TREES from YOUR PROPERTY, in whole or in part, onto the PLAINTIFFS' PROPERTY). 28 Response to Special Interrogatory No. 2: DEFENDANT DEANNE BLACK’S RESPONSES TO SPECIAL INTERROGATORIES, SET NO. 1 Brilliant v. Black, SCV-267406 2 1 Objection: CCP 2030.060(f); Without waiving the foregoing objection, Responding Party 2 responds: Maintenance is constant on Black Knight Vineyard and cannot provide dates. It is performed 3 as needed. 4 Special Interrogatory No. 3: 5 Please IDENTIFY (hereinafter the term "IDENTIFY'' means to state all known contact 6 information") any and all PERSONS (hereinafter the term "PERSON" or "PERSONS" refers to a 7 natural person, firm, association, organization, partnership, businesses trust, corporation, or public 8 entity) that have assisted YOU in performing MAINTENANCE on the TREES. 9 Response to Special Interrogatory No. 3: 10 Objection: CCP 2030.060(f); Without waiving the foregoing objection, Responding Party 11 responds: Black Knight Vineyard will provide that information. 12 Special Interrogatory No. 4: 13 Please IDENTIFY any and all PERSONS that have assisted YOU in performing DEBRIS 14 REMOVAL. 15 Response to Special Interrogatory No. 4: 16 Objection: CCP 2030.060(f); Without waiving the foregoing objection, Responding Party 17 responds: Phillipe; Fenalone; Guerremo. 18 Special Interrogatory No. 5: 19 Please IDENTIFY any and all PERSONS that were physically on YOUR PROPERTY at any 20 time on July 7, 2021. 21 Response to Special Interrogatory No. 5: 22 Objection: CCP 2030.060(f); Without waiving the foregoing objection, Responding Party 23 responds: I was living in Florida at that time and I have no knowledge. 24 Special Interrogatory No. 6: 25 Please state YOUR personal opinion on how THE FIRE ("THE FIRE" shall refer to the fire that 26 occurred on YOUR PROPERTY on July 7, 2021) started. 27 Response to Special Interrogatory No. 6: 28 I was living in Florida at that time and I have no personal knowledge. DEFENDANT DEANNE BLACK’S RESPONSES TO SPECIAL INTERROGATORIES, SET NO. 1 Brilliant v. Black, SCV-267406 3 1 Special Interrogatory No. 7: 2 Please provide all facts conveyed to YOU about how THE FIRE started. 3 Response to Special Interrogatory No. 7: 4 A fire occurred, immediate response to put it out with we towels, hoses and the fire department 5 dispatched to assist. No evidence on how it started. 6 Special Interrogatory No. 8: 7 Is it YOUR opinion that Mitchell Black dislikes Barry Brilliant? 8 Response to Special Interrogatory No. 8: 9 Mutual dislike. 10 Special Interrogatory No. 9: 11 If YOUR response to Special Interrogatory number 8 is "Yes" or in the affirmative, please state 12 all facts that have lead YOU to the opinion that Mitchell Black dislikes Barry Brilliant. 13 Response to Special Interrogatory No. 9: 14 Objection: CCP §2030.060(d), 2030.060(f); Without waiving the foregoing objections, 15 Responding Party responds: Year and years of Brilliant’s harassment, blackmail, verbal abuse, 16 inappropriate behavior to the female crew and disrespect in general for me. 17 Special Interrogatory No. 10: 18 Is it YOUR opinion that Mitchell Black is refusing to MAINTAIN the TREES, at least in part, 19 because he dislikes Barry Brilliant? 20 Response to Special Interrogatory No. 10: 21 Objection: assumes facts not in evidence; Without waiving the foregoing objections, 22 Responding Party responds: No. 23 Special Interrogatory No. 11: 24 Is it YOUR opinion that Mitchell Black is refusing to perform DEBRIS REMOVAL, at least in 25 part, because he dislikes Barry Brilliant? 26 Response to Special Interrogatory No. 11: 27 Objection: assumes facts not in evidence; Without waiving the foregoing objections, 28 Responding Party responds: No. DEFENDANT DEANNE BLACK’S RESPONSES TO SPECIAL INTERROGATORIES, SET NO. 1 Brilliant v. Black, SCV-267406 4 1 Special Interrogatory No. 12: 2 Is it YOUR opinion that Mitchell Black dislikes Dagmar Hoheneck-Smith? 3 Response to Special Interrogatory No. 12: 4 Yes. 5 Special Interrogatory No. 13: 6 Please IDENTIFY any and all employees that worked on YOUR PROPERTY on July 7, 2021. 7 Response to Special Interrogatory No. 13: 8 Objection: CCP 2030.060(f); Without waiving the foregoing objection, Responding Party 9 responds: I was living in Florida; I have no knowledge. 10 Special Interrogatory No. 14: 11 Have YOU considered removing the TREES? 12 Response to Special Interrogatory No. 14: 13 Objection: assumes facts not in evidence; Without waiving the foregoing objection, Responding 14 Party responds: Yes, I wanted to end the conflict and harassment from the Brilliants. 15 Special Interrogatory No. 15: 16 If YOUR response to Special Interrogatory number 14 is "Yes" please state all reasons why 17 YOU have not removed the TREES. 18 Response to Special Interrogatory No. 15: 19 Objection: CCP 2030.060(d); Without waiving the foregoing objection, Responding Party 20 responds: In my opnion, the Brilliants want a better view, to increases their property value at the 21 expense of Black Knight Vineyards. No trees have fallen in 2 years. A 4.4 earthquake in Santa Rosa 22 and extreme high winds from Petaluma Wind Gap did not bring down even one tree. The 104 trees 23 requested to be removed will hurt the environment and vineyard. They are only requesting healthy 24 small trees to be cut down because of a desire for a better view and money. 25 Special Interrogatory No. 16: 26 Have YOU or those acting on YOUR behalf performed any MAINTENANCE on the TREES? 27 Response to Special Interrogatory No. 16: 28 Objection: CCP 2030.060(f), assumes facts not in evidence; Without waiving the foregoing DEFENDANT DEANNE BLACK’S RESPONSES TO SPECIAL INTERROGATORIES, SET NO. 1 Brilliant v. Black, SCV-267406 5 1 objections, Responding Party responds: Black Knight Vineyard has removed 25 trees and general 2 maintenance is constant. 3 Special Interrogatory No. 17: 4 If Your response to Special Interrogatory number 16 is "Yes" please state all dates that YOU, or 5 those acting on YOUR behalf, performed MAINTENANCE on the TREES. 6 Response to Special Interrogatory No. 17: 7 Objection: CCP 2030.060(d); Without waiving the foregoing objection, Responding Party 8 responds: Provided by Black Knight Vineyard. 9 Special Interrogatory No. 18: 10 For each date identified in YOUR response to Special Interrogatory number 17, please state the 11 action that was taken in furtherance of performing MAINTENANCE on the TREES. 12 Response to Special Interrogatory No. 18: 13 Objection: CCP 2030.060(d); Without waiving the foregoing objection, Responding Party 14 responds: Black Knight Vineyard will provide that information. 15 Special Interrogatory No. 19: 16 If YOUR response to Special Interrogatory number 16 is "No" please state all reasons why 17 YOU have not performed MAINTENANCE on the TREES. 18 Response to Special Interrogatory No. 19: 19 Objection: CCP 2030.060(d); Without waiving the foregoing objection, Responding Party 20 responds: Provided by Black Knight Vineyard. 21 Special Interrogatory No. 20: 22 Have YOU, or those acting on YOUR behalf, performed DEBRIS REMOVAL? 23 Response to Special Interrogatory No. 20: 24 Objection: CCP 2030.060(f), assumes facts not in evidence; Without waiving the foregoing 25 objections, Responding Party responds: Yes. 26 Special Interrogatory No. 21: 27 If YOUR response to Special Interrogatory number 20 is "Yes" please state all dates that YOU, 28 or those acting on YOUR behalf, performed DEBRIS REMOVAL. DEFENDANT DEANNE BLACK’S RESPONSES TO SPECIAL INTERROGATORIES, SET NO. 1 Brilliant v. Black, SCV-267406 6 1 Response to Special Interrogatory No. 21: 2 Objection: CCP 2030.060(d); Without waiving the foregoing objection, Responding Party 3 responds: Provided by Black Knight Vineyard. 4 Special Interrogatory No. 22: 5 For each date identified in YOUR response to Special Interrogatory number 21, please state the 6 action that was taken in furtherance of performing DEBRIS REMOVAL. 7 Response to Special Interrogatory No. 22: 8 Objection: CCP 2030.060(d); Without waiving the foregoing objection, Responding Party 9 responds: Constant maintenance was performed by me from 2007 to June 2020. 10 Special Interrogatory No. 23: 11 If YOUR response to Special Interrogatory number 20 is ''No" please state all reasons why 12 YOU have not performed DEBRIS REMOVAL. 13 Response to Special Interrogatory No. 23: 14 Objection: CCP 2030.060(d); Without waiving the foregoing objection, Responding Party 15 responds: N/A 16 Special Interrogatory No. 24: 17 Have either of the PLAINTIFFS (hereinafter the term "PLAINTIFFS" refers to Barry Brilliant 18 and Dagmar Hoheneck-Smith) requested that YOU perform MAINTENANCE on the TREES? 19 Response to Special Interrogatory No. 24: 20 No. 21 Special Interrogatory No. 25: 22 If YOUR response to Special Interrogatory number 24 is "Yes" please state all dates YOU 23 received such requests to perform MAINTENANCE on the TREES. 24 Response to Special Interrogatory No. 25: 25 Objection: CCP 2030.060(d); Without waiving the foregoing objection, Responding Party 26 responds: N/A 27 Special Interrogatory No. 26: 28 Have either of the PLAINTIFFS requested that YOU perform DEBRIS REMOVAL? DEFENDANT DEANNE BLACK’S RESPONSES TO SPECIAL INTERROGATORIES, SET NO. 1 Brilliant v. Black, SCV-267406 7 1 Response to Special Interrogatory No. 26: 2 No, because it was about removal of trees not maintaining them. 3 Special Interrogatory No. 27: 4 If YOUR response to Special Interrogatory number 26 is "Yes" please state all dates YOU 5 received such requests to perform DEBRIS REMOVAL. 6 Response to Special Interrogatory No. 27: 7 No, just remove the trees. 8 Special Interrogatory No. 28: 9 Have either of the PLAINTIFFS requested that YOU remove the TREES? 10 Response to Special Interrogatory No. 28: 11 Objection: CCP 2030.060(d); Without waiving the foregoing objection, Responding Party 12 responds: Yes. 13 Special Interrogatory No. 29: 14 If YOUR response to Special Interrogatory number 28 is "Yes" please state all dates YOU 15 received such requests to remove the TREES. 16 Response to Special Interrogatory No. 29: 17 Objection: CCP 2030.060(d); Without waiving the foregoing objection, Responding Party 18 responds: In current lawsuit; Small Claims suit. 19 Special Interrogatory No. 30: 20 Did YOU speak with any GOVERNMENT AGENCY (hereinafter the term 21 "GOVERNMENT AGENCY" means any city, county, state, or federal agency or their agents which 22 monitors, inspects, or addresses fires or fire safety, including but not limited to, vegetation 23 management) regarding THE FIRE? 24 Response to Special Interrogatory No. 30: 25 No. 26 Special Interrogatory No. 31: 27 If YOUR response to special interrogatory number 31 is "Yes" please state any and all facts YOU 28 conveyed to any GOVERNMENT AGENCY regarding THE FIRE. DEFENDANT DEANNE BLACK’S RESPONSES TO SPECIAL INTERROGATORIES, SET NO. 1 Brilliant v. Black, SCV-267406 8 1 Response to Special Interrogatory No. 31: 2 Objection: CCP 2030.060(d); Without waiving the foregoing objection, Responding Party 3 responds: N/A 4 Special Interrogatory No. 32: 5 Did YOU speak with any GOVERNMENT AGENCY regarding the TREES? 6 Response to Special Interrogatory No. 32: 7 No. 8 Special Interrogatory No. 33: 9 If YOUR response to Special Interrogatory number 31 is "Yes" please state any and all dates 10 YOU spoke to any GOVERNMENT Agency regarding the TREES. 11 Response to Special Interrogatory No. 33: 12 Objection: CCP 2030.060(d); Without waiving the foregoing objection, Responding Party 13 responds: N/A 14 Special Interrogatory No. 34: 15 Please state all dates YOU were physically at YOUR PROPERTY in the calendar year of 2021. 16 Response to Special Interrogatory No. 34: 17 None. 18 19 Dated: October 14, 2022 O’BRIEN WATTERS & DAVIS, LLP 20 21 By: __________________________________ 22 Graden R. Tapley Attorneys for Defendants, 23 Mitchell Black, Deanne Black, Black Knight Vineyards 24 25 26 27 28 DEFENDANT DEANNE BLACK’S RESPONSES TO SPECIAL INTERROGATORIES, SET NO. 1 Brilliant v. Black, SCV-267406 9 EXHIBIT B ·1· · · · · ·SUPERIOR COURT OF THE STATE OF CALIFORNIA ·2· · · · · · · · · · · · COUNTY OF SONOMA ·3 ·4· ·BARRY BRILLIANT, an individual; · · ·and DAGMAR K. HOHENECK-SMITH, an ·5· ·individual and as trustee of THE · · ·DAGMAR HOHENECK-SMITH TRUST ·6· ·dated December 14, 2010, · · · · · · · · · · · · · · · · · · · · Case No. SCV-267406 ·7· · · · · · · · · · Plaintiffs, ·8· ·vs. ·9 · · ·MITCHELL G. BLACK, an individual 10· ·and dba BLACK KNIGHT VINEYARDS; · · ·DEANNE G. BLACK, an individual 11· ·and dba BLACK KNIGHT VINEYARDS; · · ·and DOES ONE through TWENTY, 12· ·inclusive, 13· · · · · · · · · · Defendants. 14· ·_______________________________/ 15 · · ·AND RELATED CROSS-ACTIONS 16 17 18 19· · · · · · · ·DEPOSITION BY ZOOM OF LEXINE BLACK 20 21 22· · · · · · · · · ·Taken before BONNIE ALPHIN 23· · · · · · ·Certified Shorthand Reporter No. 13798 24· · · · · · · · · · · State of California 25· · · · · · · · · · · · January 18, 2023 YVer1f LEXINE BLACK - 01/18/2023 Page 39 ·1· · · · A· ·Yes.· He would care. ·2· · · · Q· ·Would he care because he would be happy? ·3· · · · · · MR. TAPLEY:· I object that calls for ·4· speculation. ·5· · · · · · THE WITNESS:· That's a horrible question. I ·6· don't believe he would rejoice in anybody's death. ·7· · · · · · BY MR. BACHO: ·8· · · · Q· ·How about serious injury to Barry Brilliant? ·9· Would he rejoice in that? 10· · · · · · MR. TAPLEY:· I object as to speculative and 11· argumentative. 12· · · · · · THE WITNESS:· No.· I think that's cruel and do 13· not think he would -- that my father would rejoice in 14· someone's injury. 15· · · · · · BY MR. BACHO: 16· · · · Q· ·Is it your opinion that your father dislikes 17· Barry Brilliant? 18· · · · A· ·I believe that is a mutual feeling between them. 19· · · · Q· ·Just asking about your father.· Do you think 20· that your father dislikes Barry Brilliant? 21· · · · A· ·Probably. 22· · · · Q· ·Why do you say that? 23· · · · A· ·Barry has been harassing our family for years. 24· · · · Q· ·And why would you say that whatever Barry has 25· done in the past, why would you say that that leads to Litigation Services· |· 800-330-1112 www.litigationservices.com | The LIT Group 079F YVer1f LEXINE BLACK - 01/18/2023 Page 40 ·1· your opinion that your father dislikes him? ·2· · · · · · What has your father said or done that would ·3· lead you to that conclusion? ·4· · · · · · MR. TAPLEY:· I'll object that's a compound ·5· question.· You can answer it to the best of your ability. ·6· · · · · · BY MR. BACHO: ·7· · · · Q· ·Sure.· What has your father said that leads you ·8· to the conclusion that he doesn't like Barry Brilliant? ·9· · · · A· ·That he doesn't like Barry Brilliant. 10· · · · Q· ·Any other specifics? 11· · · · A· ·I believe it stems from his treatment of my 12· family and my employees and my business. 13· · · · Q· ·I just want to know what your father has said, 14· not the genesis of any dislike, so, outside of your 15· father -- 16· · · · A· ·He said he doesn't -- sorry. 17· · · · Q· ·It's okay.· Let me just get the question on. I 18· know it's getting a little more casual on this because 19· we've been going for a while, but, earlier, you said that 20· your father did not like Barry Brilliant and has said that 21· he did not like Barry Brilliant. 22· · · · · · What else has he said to lead you to that 23· opinion today? 24· · · · A· ·He has said he doesn't like the way Barry has 25· treated my family members, my employees, my business, my Litigation Services· |· 800-330-1112 www.litigationservices.com | The LIT Group 079F YVer1f LEXINE BLACK - 01/18/2023 Page 41 ·1· property. ·2· · · · Q· ·Has he ever expressed statements of hatred, in ·3· your opinion, about Barry Brilliant? ·4· · · · A· ·Hatred is a subjective term. ·5· · · · Q· ·But just as you define it in your opinion. ·6· · · · A· ·I can't confidently say. ·7· · · · Q· ·Has there ever been any type of specific ·8· statements that your father has stated that would lead you ·9· to believe that he did not like Barry Brilliant outside of 10· the one that you identified earlier? 11· · · · A· ·No.· I do not have specific statements to 12· supply. 13· · · · Q· ·And how about Dagmar Hoheneck?· Has your father 14· ever expressed whether he likes or dislikes 15· Dagmar Hoheneck? 16· · · · A· ·Yes, he has. 17· · · · Q· ·And what did he say to lead you to that? 18· · · · A· ·That he -- I can't say confidently specifics. I 19· would say his feelings trend toward dislike. 20· · · · Q· ·Is it fair to say that your father's dislike for 21· Barry Brilliant is a known fact in your family? 22· · · · A· ·Yes. 23· · · · Q· ·Have you ever heard your mother say that she was 24· going to go to war with the plaintiffs? 25· · · · A· ·I cannot confidently say that I have. Litigation Services· |· 800-330-1112 www.litigationservices.com | The LIT Group 079F YVer1f