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EXHIBIT A
JAMS
MEDIATION CONFIDENTIALITY AGREEMENT (CALIFORNIA)
Re: Mediation of Brilliant, Barry, et al. vs. Black, Mitchell, et al.
JAMS Reference Number 1100113598
In order to promote communication among the parties and to facilitate resolution of the dispute, the
participants agree as follows:
1. This mediation process, including any hearing via video-conference or phone, is to be considered
settlement negotiations for the purpose of all state and federal rules protecting disclosures made
during such process from later discovery and/or use in evidence. No participant shall video record
or audio record any part of the mediation session. No one else may attend or appear by video or
phone without the permission of the parties and the consent of the mediator. All participants who
participate in the mediation via phone or video-conference shall confirm that they are alone in the
room and cannot be overheard by anyone else. All participants who participate in the mediation
via phone or video-conference agree that they will only use a secure WiFi or Ethernet connection
for all conduct related to the mediation session. If, for any reason, a participant hears a
communication not intended for them, that participant must immediately advise the mediator.
2. The provisions of California Evidence Code§§ 1115-1129 and 703.5, as attached hereto, apply to
this mediation. THIS MEDIATION CONFIDENTIALITY AGREEMENT ("AGREEMENT")
EXTENDS TO ALL PRESENT AND FUTURE CNIL, JUDICIAL, QUASI-JUDICIAL,
ARBITRAL, ADMINISTRATNE OR OTHER PROCEEDINGS.
3. The participants' sole purpose in conducting or participating in mediation is to compromise, settle
or resolve their dispute, in whole or in part.
4. The privileged character of any information or documents is not altered by disclosure to the
mediator. The mediation process may continue after the date appearing below. Therefore, the
mediator's subsequent oral and written communications with the mediation participants in a
continuing effort to resolve the dispute are subject to this Agreement. Accordingly, the parties
waive the automatic termination provisions of section 1125(a)(5). This Agreement may be signed
before, during or after the mediation.
5. ANY WRITTEN SETTLEMENT AGREEMENT PREPARED DURING OR AT THE
CONCLUSION OF THE MEDIATION IS SUBJECT TO DISCLOSURE, BINDING,
ENFORCEABLE, AND ADMISSIBLE to prove the existence of and/or to enforce the agreement
under California Code of Civil Procedure§ 664.6, if applicable, or otherwise.
6. Because the participants are disclosing information in reliance upon this Agreement, any breach of
this Agreement would cause irreparable injury for which monetary damages would be inadequate.
Consequently, any party to this Agreement may obtain an injunction to prevent disclosure of any
such confidential information in violation of this Agreement.
page 2/8
7. The mediator is serving as a neutral intermediary and settlement facilitator and may not act as an
advocate for any party. THE MEDIATOR'S STATEMENTS DO NOT CONSTITUTE LEGAL
ADVICE TO ANY PARTY. ACCORDINGLY, THE PARTIES ARE STRONGLY
ENCOURAGED TO SEEK LEGAL ADVICE FROM THEIR OWN COUNSEL. If the mediator
assists in preparing a settlement agreement, each participant is advised to have the agreement
independently reviewed by their own counsel before executing the agreement.
/ ______ !:jt�J,z_op_
Davin R. Bacho Esq.
Clement, Fitzpatrick & Kenworthy
Da�oheneck-Smith
Mitchell B. Greenberg Es
d�---
Abbey, Weitzenberg, W
Danterfames Wilson Esq.
Abbey, Weitzenberg, Warren & Emery, P.C
�� --------
----
Deanne G. Black
���
DocuSign Envelope ID: C96602FA-77FD-4586-817B-6617A357FC2F
page 2/8
7. The mediator is serving as a neutral intermediary and settlement facilitator and may not act as an
advocate for any party. THE MEDIATOR'S STATEMENTS DO NOT CONSTITUTE LEGAL
ADVICE TO ANY PARTY. ACCORDINGLY, THE PARTIES ARE STRONGLY
ENCOURAGED TO SEEK LEGAL ADVICE FROM THEIR OWN COUNSEL. If the mediator
assists in preparing a settlement agreement, each participant is advised to have the agreement
independently reviewed by their own counsel before executing the agreement.
DocuSigned by:
I
6/22/2022 I 6:37 AM PDT
�5483 ..
Davin R. Bacho Esq.
Clement, Fitzpatrick & Kenworthy
Nicholas Bemate Esq.
Clement, Fitzpatrick & Kenworthy
Barry Brilliant
Dagmar K. Hoheneck-Smith
Mitchell B. Greenberg Esq.
Abbey, Weitzenberg, Warren & Emery, P.C.
[I:75E1C1 ...
Daniel James Wilson Esq.
6/21/2022 I 11:54 PM PDT
Abbey, Weitzenberg, Warren & Emery, P.C.
Mitchell G. Black
DocuSigned by:
G 6/22/2022 I 6:41 AM PDT
�. eanne G. Black
page 3/8
CALIFORNIA EVIDENCE CODE
Mediation
§1115.
For purposes of this chapter:
(a) "Mediation" means a process in which a neutral person or persons facilitate communication
between the disputants to assist them in reaching a mutually acceptable agreement.
(b) "Mediator" means a neutral person who conducts a mediation. "Mediator" includes any person
designated by a mediator either to assist in the mediation or to communicate with the participants
in preparation for a mediation.
(c) "Mediation consultation" means a communication between a person and a mediator for the
purpose of initiating, considering, or reconvening a mediation or retaining the mediator.
§1116.
(a) Nothing in this chapter expands or limits a court's authority to order participation in a dispute
resolution proceeding. Nothing in this chapter authorizes or affects the enforceability of a contract
clause in which parties agree to the use of mediation.
(b) Nothing in this chapter makes admissible evidence that is inadmissible under Section 1152 or
any other statute.
§1117.
(a) Except as provided in subdivision (b), this chapter applies to a mediation as defined in Section
1115.
(b) This chapter does not apply to either of the following:
(1) A proceeding under Part 1 (commencing with Section 1800) of Division 5 of the
Family Code or Chapter 11 (commencing with Section 3160) of Part 2 of Division 8 of
the Family Code.
(2) A settlement conference pursuant to Rule 3.1380 of the California Rules of Court.
§1118.
An oral agreement "in accordance with Section 1118" means an oral agreement that satisfies all
of the following conditions:
(a) The oral agreement is.recorded by a court reporter, tape recorder, or other reliable means of
sound recording.
(b) The terms of the oral agreement are recited on the record in the presence of the parties and the
mediator, and the parties express on the record that they agree to the terms recited.
(c) The parties to the oral agreement expressly state on the record that the agreement is
enforceable or binding or words to that effect.
(d) The recording is reduced to writing and the writing is signed by the parties within 72 hours
after it is recorded.
page 4/8
§1119.
Except as otherwise provided in this chapter:
(a) No evidence of anything said or any admission made for the purpose of, in the course of, or
pursuant to, a mediation or a mediation consultation is admissible or subject to discovery, and
disclosure of the evidence shall not be compelled, in any arbitration, administrative adjudication,
civil action, or other noncriminal proceeding in which, pursuant to law, testimony can be
compelled to be given.
(b) No writing, as defined in Section 250, that is prepared for the purpose of, in the course of, or
pursuant to, a mediation or a mediation consultation, is admissible or subject to discovery, and
disclosure of the writing shall not be compelled, in any arbitration, administrative adjudication,
civil action, or other noncriminal proceeding in which, pursuant to law, testimony can be
compelled to be given.
(c) All communications, negotiations, or settlement discussions by and between participants in
the course of a mediation or a mediation consultation shall remain confidential.
§1120.
(a) Evidence otherwise admissible or subject to discovery outside of a mediation or a mediation
consultation shall not be or become inadmissible or protected from disclosure solely by reason of
its introduction or use in a mediation or a mediation consultation.
(b) This chapter does not limit any of the following:
(1) The admissibility of an agreement to mediate a dispute.
(2) The effect of an agreement not to take a default or an agreement to extend the time
within which to act or refrain from acting in a pending civil action.
(3) Disclosure of the mere fact that a mediator has served, is serving, will serve, or was
contacted about serving as a mediator in a dispute.
§1121.
Neither a mediator nor anyone else may submit to a court or other adjudicative body, and a court
or other adjudicative body may not consider, any report, assessment, evaluation,
recommendation, or finding of any kind by the mediator concerning a mediation conducted by the
mediator, other than a report that is mandated by court rule or other law and that states only
whether an agreement was reached, unless all parties to the mediation expressly agree otherwise
in writing, or orally in accordance with Section 1118.
§1122.
(a) A communication or writing, as defined in Section 250, that is made or prepared for the
purpose of, or in the course of, or pursuant to, a mediation or a mediation consultation, is not
made inadmissible, or protected from disclosure, by provisions of this chapter if any of the
following conditions are satisfied:
(1) All persons who conduct or otherwise participate in the mediation expressly agree in
writing, or orally in accordance with Section 1118, to disclosure of the communication,
document, or writing.
page 5/8
(2) The communication, document, or writing was prepared by or on behalf of fewer than
all the mediation participants, those participants expressly agree in writing, or
orally in accordance with Section 1118, to its disclosure, and the communication,
document, or writing does not disclose anything said or done or any admission made in
the course of the mediation.
(3) The communication, document, or writing is related to an attorney's compliance with
the requirements described in Section 1129 and does not disclose anything said or done
or any admission made in the course of the mediation, in which case the communication,
document, or writing may be used in an attorney disciplinary proceeding to determine
whether the attorney has complied with Section 1129.
(b) For purposes of subdivision
(a),.if the neutral person who conducts a mediation expressly agrees to disclosure, that
agreement also binds any other person described in subdivision
(b) of Section 1115.
§1123.
A written settlement agreement prepared in the course of, or pursuant to, a mediation, is not made
inadmissible, or protected from disclosure, by provisions of this chapter if the agreement is signed
by the settling parties and any of the following conditions are satisfied:
(a} The agreement provides that it is admissible or subject to disclosure, or words to that
effect.
(b) The agreement provides that it is enforceable or binding or words to that effect.
(c) All parties to the agreement expressly agree in writing, or orally in accordance with
Section 1118, to its disclosure.
(d) The agreement is used to show fraud, duress, illegality that is relevant to an issue in
dispute.
§1124.
An oral agreement made in the course of, or pursuant to, a mediation is not made inadmissible, or
protected from disclosure, by the provisions of this chapter if any of the following conditions are
satisfied:
(a) The agreement is in accordance with Section 1118.
(b) The agreement is in accordance with subdivisions (a), (b), and (d) of Section 1118,
and all parties to the agreement expressly agree, in writing or orally in accordance with
Section 1118,to disclosure of the agreement.
(c) The agreement is in accordance with subdivisions (a), (b), and (d) of Section 1118,
and the agreement is used to show fraud, duress, or illegality that is relevant to an issue in
dispute.
§1125.
(a) For purposes of confidentiality under this chapter, a mediation ends when any one of the
following conditions is satisfied:
(1) The parties execute a written settlement agreement that fully resolves the dispute.
(2) An oral agreement that fully resolves the dispute is reached in accordance with
Section 1118.
page 6/8
(3) The mediator provides the mediation participants with a writing signed by the
mediator that states that the mediation is terminated, or words to that effect, which shall
be consistent with Section 1121.
(4) A party provides the mediator and the other mediation participants with a writing
stating that the mediation is terminated, or words to that effect, which shall be consistent
with Section 1121. In a mediation involving more than two parties, the mediation may
continue as to the remaining parties or be terminated in accordance with this section.
(5) F.or 10 calendar days, there is no communication between the mediator a11d any of the
parties to the mediation relating to the dispute. The mediator and the parties may shorten
or extend this time by agreement,
(b) For purposes of confidentiality under this chapter, if a mediation partially resolves a dispute,
mediation ends when either of the following conditions is satisfied:
(1) The parties execute a written settlement agreement that partially resolves the dispute.
(2) An oral agreement thatpartiaHy resolves the dispute is reached in accordance with
Section 1118.
(c) This section does not preclude a party from ending a mediation without reaching an
agreement.· This section does not otherwise affect the extent to which a party may terminate a
mediation.
§1126.
Anything said, any admission made, or any writing that is inadmissible, protected from
disclosure, and confidential under this chapter before a mediation ends, shall remain inadmissible,
protected from disclosure, and confidential to the same extent after the mediation ends.
§1127.
If a person subpoenas or otherwise seeks to compel a mediator to testify or produce a writing, as
defined in Section 250, and the court or other adjudicative body determines that the testimony or
writing is inadmissible under this chapter, or protected from disclosure under this chapter, the
court or adjudicative body making the determination shall award reasonable attorney's fees and
costs to the mediator against the person seeking the testimony or writing.
§1128.
Any reference to a mediation during any subsequent trial is an irregularity in the proceedings of
the trial for the purposes of Section 657 of the Code of Civil Procedure. Any reference to a
mediation during any other subsequent noncriminal proceeding is grounds for vacating or
modifying the decision in that proceeding, in whole or in part, and granting a new or further
hearing on all or part of the issues, if the reference materially affected the substantial rights of the
party requesting relief.
page 7/8
§1129.
(a) Except in the case of a class or representative action, an attorney representing a client
participating in a mediation or a mediation consultation shall, as soon as reasonably possible
before the client agrees to participate in the mediation or mediation consultation, provide that
client with a printed disclosure containing the confidentiality restrictions described in Section
1119 and obtain a printed acknowledgment signed by that client stating that he or she has read
and understands the confidentiality restrictions.
(b) An attorney who is retained after an individual agrees to participate in the mediation or
mediation consultation shall,· as soon as reasonably possible after being retained, comply with the
printed disclosure and acknowledgment requirements described in subdivision (a).
(c) The printed disclosure required by subdivision (a) shall:
(l) Be printed in the preferred language of the client in at least 12-point font.
(2) Be printed on a single page that is not attached to any other document provided to the
client.
(3) Include the naines of the attorney and the client and be signed and dated by the
attorney and the client.
(d) If the requirements in subdivision (c) are met, the following disclosure shall be deemed to
comply with the requirements of subdivision (a):
Mediation Disclosure Notification and Acknowledgment:
To promote communication in mediation, California law generally makes mediation a confidential
process. California's mediation confidentiality laws are laid out in Sections 703.5 and 1115 to 1129,
inclusive, of the Evidence Code. Those laws establish the confidentiality of mediation and limit the
disclosure, admissibility, and a court's consideration of communications, writings, and conduct in
connection with a mediation. In general, those laws mean the following:
• All communications, negotiations, or settlement offers in the course of a mediation must remain
confidential.
• Statements made and writings prepared in connection with a mediation are not admissible or
subject to discovery or compelled disclosure in noncriminal proceedings.
• A mediator's report, opinion, recomme,mJation, or finding about what occurred in a mediation
may not be �ubmitted to or considered by a court or another adjudicative body.
• A mediator cannot testify in any subsequent civil proceeding about any communication or conduct
occurring at, or in connection with, a mediation.
This means that all communications between you and your attorney made in preparation for a
mediation; or during a mediation, are confidential and cannot be disclosed or used (except in
. extremely limited circumstances), even ifyou later decide to sue your attorney for malpractice
because ofsomething that happens during the mediation.
I,---�-- [Name of Client], understand that, unless all participants agree otherwise, no
oral or written coinmunication made during a inediatiiJn, or in preparation fiJr a mediation,
including communications between me and my attorney, can be used as evidence in any subsequent
noncriminal legal action including an a,ction against my attorney/or �a/practice or .an ethical
violation. · · · · · · ·· ·
page 8/8
I, _ _ _ _ _ [Name of Client], understand that, unless all participants agree otherwise, no
oral or written communication made during a mediation, or in preparation for a mediation,
including communications between me and my attorney, can be used as evidence in any subsequent
noncriminal legal action including an action against my attorney for malpractice or an ethical
violation.
···NOTE: This disclosure and signed acknowledgment does not limit your attorney's potential
liability to you for professional malpractice, or prevent you from 0) reporting any professional
misconductby your attorney to the State Bar of California or (2) cooperating with tiny
disciplinary investigation or criminal prosecution of your attorney.
[Name of Client] [Date signed] [Name of Attorney] [Date signed}
(e)Failure of an attorney to comply with this section is not a basis to set aside an agreement
prepared in the course of, or pursuant to, a mediation.
§703.5.
Judges, arbitrators or medi;itors as witnesses; subsequent civil proceeding.
No person presiding at any judicial or quasi-judicial proceeding, and no arbitrator or mediator,
shall be competent to testify, in any subsequent civil proceedings, as to any statement, conduct,
decision, or ruling, occurring at or in conjunction with the prior proceeding, except as to a
statement or conduct that could (a)give rise to civil or criminal contempt, (b)constitute a crime,
(c)be the subject of investigation by the State Bar or Commission on Judicial Performance, or (d)
give rise to disqualification proceedings under paragraph (1)or (6)of subdivision (a)of Section
170.1 of the Code of Civil Procedure. However, this section does not apply to a mediator with
regard to any mediation under Chapter 11 (commencing with Section 3160)of Part 2 of Division
8 of the Family Code.
EXHIBIT B
·1· · · · · · ·SUPERIOR COURT OF THE STATE OF CALIFORNIA
·2· · · · · · · · · · · ·COUNTY OF SONOMA
·3· · · · · · · · · · · · · ·---o0o---
·4
· · ·BARRY BRILLIANT, an individual;· · ·)
·5· ·and DAGMAR K. HOHENECK-SMITH, an· · )
· · ·individual and as trustee of THE· · )
·6· ·DAGMAR HOHENECK-SMITH TRUST dated· ·)
· · ·December 14, 2010,· · · · · · · · · )
·7· · · · · · · · · · · · · · · · · · · ·)
· · · · · · ·Plaintiffs,· · · · · · · · ·)
·8· · · · · · · · · · · · · · · · · · · ·)
· · · · vs.· · · · · · · · · · · · · · · )· No. SCV-267406
·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· · · · · · · · · · · · · · · · · · · ·)
· · ·AND RELATED CROSS-ACTIONS.· · · · · )
15· ·____________________________________)
16
· · · · · · · · · · · · · · · · - - -
17
18· · · · · VIDEOTAPED DEPOSITION OF MITCHELL G. BLACK
19· · · · · · AS A PMK AND IN HIS INDIVIDUAL CAPACITY
20· · · · · · · · · ·FRIDAY, DECEMBER 2, 2022
21
· · · · · · VOLUME I:· PAGES 1 THROUGH 290, INCLUSIVE
22
23
24· ·REPORTED BY:· · · ·Brenda L. Marshall, RPR, CSR #6939
25·
YVer1f
·JOB NO. 935230
MITCHELL G. BLACK, PMK AND IN HIS INDIVIDUAL CAPACITY, VOLUME I - 12/02/2022
Page 11
·1· ·to repeat it or rephrase a question, all you have to
·2· ·do is ask me.· Okay?
·3· · · · A.· Okay.
·4· · · · Q.· Okay.· If you answer a question, then I'm
09:43:37 ·5· ·going to assume that you understood what I was
·6· ·asking and that you were giving an accurate answer.
·7· · · · · · Does that make sense?
·8· · · · A.· Yes.
·9· · · · Q.· Okay.· So meaning -- you look a little
09:43:46 10· ·confused so I'll just go into that -- meaning that
11· ·if you don't ask me to rephrase or if you don't ask
12· ·me to repeat, I'm going to assume that you
13· ·understood the question.
14· · · · · · Is that clear?
09:43:56 15· · · · A.· That's clear.
16· · · · Q.· Okay.· All right.· I know Mr. Watters is
17· ·your attorney, and we have -- Ms. Whitaker is in the
18· ·room today; correct?
19· · · · A.· Correct.
09:44:07 20· · · · Q.· Okay.· What is Ms. Whitaker's role here
21· ·today?
22· · · · A.· She's my fiancee.
23· · · · Q.· Okay.
24· · · · MR. WATTERS:· And for the record, she's also an
09:44:16 25· ·attorney at law.
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·1· ·BY MR. BACHO:
·2· · · · Q.· Okay.· Is she your attorney?
·3· · · · MR. WATTERS:· Not for purposes of the
·4· ·deposition.
09:44:21 ·5· · · · THE WITNESS:· No.· No.
·6· ·BY MR. BACHO:
·7· · · · Q.· Okay.· Is she your attorney for any
·8· ·purpose?
·9· · · · MR. WATTERS:· Well, that's --
09:44:25 10· · · · THE WITNESS:· I --
11· · · · MR. WATTERS:· Hold on.
12· · · · THE WITNESS:· Yeah.
13· · · · MR. WATTERS:· You can just answer that "yes" or
14· ·"no."
09:44:30 15· · · · THE WITNESS:· Is she my attorney for any
16· ·purpose?
17· · · · MR. BACHO:· Yes.
18· · · · THE WITNESS:· Yes.
19· ·BY MR. BACHO:
09:44:34 20· · · · Q.· Okay.· And any purpose related to this case
21· ·that we're here for?
22· · · · A.· No.
23· · · · MR. WATTERS:· Well, excuse me.· You can't ask
24· ·that.· Move to strike.· It's attorney-client
09:44:41 25· ·privilege.· You can't ask about the nature of their
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·1· ·representation, in my opinion.
·2· · · · MR. BACHO:· Okay.· Are you advising him not to
·3· ·answer if she is an attorney involved in this case?
·4· · · · MR. WATTERS:· No.· She's not an attorney --
09:44:55 ·5· ·she's not the attorney of record, but she is an
·6· ·attorney at law, and it's my understanding that
·7· ·they're engaged to be married.
·8· · · · · · It's my further understanding that they
·9· ·have talked about this case in her role as an
09:45:07 10· ·attorney.· Beyond that, we're not going to go any
11· ·further, in my opinion.
12· · · · MR. BACHO:· Well, that's not my question.
13· · · · · · My question is, is she acting as an
14· ·attorney involved in this case in any capacity, not
09:45:18 15· ·whether you've spoken with her, whether you're
16· ·engaged to be married, none of that.
17· · · · Q.· Is she acting as your attorney in a
18· ·capacity in this case?
19· · · · A.· I'm not sure I have --
09:45:27 20· · · · MR. WATTERS:· Excuse me.· Hold on.· Hold on.
21· ·Wait one second.
22· · · · · · My explanation, I think, accurately states
23· ·the situation so that you understand that you won't
24· ·be able to ask certain questions based on the fact
09:45:41 25· ·that they are not married, so the husband and wife
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·1· ·privileges wouldn't apply, but she's an attorney at
·2· ·law, and it's my understanding they have discussed
·3· ·aspects of the case in a confidential matter.
·4· · · · · · So I'm asserting the attorney-client
09:45:55 ·5· ·privilege as to any conversations that my client and
·6· ·Ms. Whitaker may have had regarding this case, and
·7· ·beyond that, I don't think you're entitled to go --
·8· · · · MR. BACHO:· So --
·9· · · · MR. WATTERS:· -- further.
09:46:08 10· · · · MR. BACHO:· -- you're saying that, but is he
11· ·saying that?
12· · · · MR. WATTERS:· Yeah.
13· · · · THE WITNESS:· Yes.
14· · · · MR. WATTERS:· I'm his attorney and his agent.
09:46:13 15· · · · MR. BACHO:· I understand that.
16· · · · THE WITNESS:· I'm agreeing with him.
17· ·BY MR. BACHO:
18· · · · Q.· You agree with him?
19· · · · A.· Yes.
09:46:16 20· · · · Q.· Okay.· When did you retain Ms. Whitaker?
21· · · · MR. WATTERS:· Well, that assumes facts not in
22· ·evidence.
23· ·BY MR. BACHO:
24· · · · Q.· Okay.· Earlier --
09:46:24 25· · · · MR. WATTERS:· And vague and ambiguous.
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·1· · · · MR. BACHO:· I apologize for interrupting.
·2· · · · MR. WATTERS:· Sorry.· Cut you off.
·3· · · · MR. BACHO:· I didn't mean to do that.
·4· · · · MR. WATTERS:· That's okay.
09:46:30 ·5· · · · MR. BACHO:· Go ahead and get your objection so
·6· ·it's clear.
·7· · · · MR. WATTERS:· Yeah.· Yeah.· Vague and
·8· ·ambiguous.
·9· ·BY MR. BACHO:
09:46:34 10· · · · Q.· Okay.· You stated, to some degree, that
11· ·Ms. Whitaker is acting as your attorney in some
12· ·capacity; correct?
13· · · · A.· Correct.
14· · · · Q.· Okay.· Did you ever retain her as an
09:46:42 15· ·attorney?
16· · · · MR. WATTERS:· Well, objection.· Assumes facts
17· ·not in evidence.
18· · · · MR. BACHO:· Well, I'm asking the question --
19· · · · MR. WATTERS:· Vague and -- I know.· Vague and
09:46:52 20· ·ambiguous.
21· · · · THE WITNESS:· I'm not sure what the difference
22· ·is.
23· ·BY MR. BACHO:
24· · · · Q.· Okay.· Did you ever seek her legal counsel?
09:46:57 25· · · · MR. WATTERS:· Okay.
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MITCHELL G. BLACK, PMK AND IN HIS INDIVIDUAL CAPACITY, VOLUME I - 12/02/2022
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·1· · · · THE WITNESS:· Yes.
·2· ·BY MR. BACHO:
·3· · · · Q.· And when did that start?
·4· · · · A.· Three and a half years ago.
09:47:16 ·5· · · · Q.· And did Ms. Whitaker attend the mediation
·6· ·that we had in this case?
·7· · · · A.· Yes.
·8· · · · Q.· And was she acting as your attorney in that
·9· ·role?
09:47:26 10· · · · A.· No.
11· · · · Q.· Is she acting as your attorney today?
12· · · · MR. WATTERS:· Well --
13· · · · THE WITNESS:· No.
14· · · · MR. WATTERS:· -- it depends what the scope --
09:47:31 15· · · · THE WITNESS:· Right.· You're -- you're --
16· · · · MR. WATTERS:· -- here is -- hold on one second.
17· · · · THE WITNESS:· The --
18· · · · MR. WATTERS:· Hold on one second.
19· · · · THE WITNESS:· I go back to the original.
09:47:37 20· · · · MR. WATTERS:· Hold on one second.· I'm here as
21· ·the attorney of record of Mr. Black and his company.
22· ·He's here in his role as the PM -- PMQ and
23· ·individually.
24· · · · · · So Ms. Whitaker is not a litigator, she's
09:47:55 25· ·not -- well, I don't know whether she is or she
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Page 17
·1· ·isn't.· I shouldn't say that.· Ms. Whitaker is an
·2· ·attorney at law, as I understand it, and so she's
·3· ·not an attorney of record in this matter.
·4· ·BY MR. BACHO:
09:48:06 ·5· · · · Q.· Let me just ask a straightforward question.
·6· ·Why is Ms. Whitaker here today at your deposition?
·7· · · · MR. WATTERS:· Well --
·8· · · · THE WITNESS:· I need her here to observe how I
·9· ·am doing from a medical standpoint.
09:48:18 10· ·BY MR. BACHO:
11· · · · Q.· Is she a doctor?
12· · · · A.· Yes.
13· · · · Q.· What kind of doctor?
14· · · · A.· Of law.
09:48:26 15· · · · Q.· Okay.· Is she a medical doctor?
16· · · · A.· Not to my knowledge.
17· · · · Q.· Okay.· Is she -- does she have any medical
18· ·training that you're aware of?
19· · · · A.· I wouldn't know.
09:48:38 20· · · · Q.· Okay.· She's your fiancee?
21· · · · A.· Yes.
22· · · · Q.· Okay.· And you've had at least a
23· ·relationship with her for three and a half years,
24· ·you said?
09:48:44 25· · · · A.· Yes.
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MITCHELL G. BLACK, PMK AND IN HIS INDIVIDUAL CAPACITY, VOLUME I - 12/02/2022
Page 18
·1· · · · Q.· And you brought her here to monitor your
·2· ·medical well-being?
·3· · · · A.· Yes.
·4· · · · Q.· And you don't know if she has any medical
09:48:53 ·5· ·training?
·6· · · · A.· It's not important.
·7· · · · Q.· The person that's monitoring -- monitoring
·8· ·your medical health, it's not important if they have
·9· ·medical training?
09:49:03 10· · · · MR. WATTERS:· I'll object.· Argumentative.· Not
11· ·reasonably calculated to lead to the discovery of
12· ·admissible evidence.
13· · · · · · Depositions are proceedings -- under the
14· ·law are proceedings in this country, are in open
09:49:19 15· ·public court, so to speak.· So, presumably, anybody
16· ·can show up here, if they wanted to.
17· · · · MR. BACHO:· I'm not stopping her from being
18· ·here.
19· · · · MR. WATTERS:· I understand.
09:49:30 20· · · · MR. BACHO:· I'm just trying to find out why --
21· · · · Q.· Are there any other reasons --
22· · · · MR. WATTERS:· You're wasting time on that.
23· ·BY MR. BACHO:
24· · · · Q.· Are there any other reasons, other than
09:49:34 25· ·Ms. Whitaker monitoring your medical well-being, for
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MITCHELL G. BLACK, PMK AND IN HIS INDIVIDUAL CAPACITY, VOLUME I - 12/02/2022
Page 19
·1· ·her being here today?
·2· · · · MR. WATTERS:· Excuse me.· That may invade the
·3· ·attorney-client privilege.· Instruct the witness not
·4· ·to answer any part of that question that may end up
09:49:44 ·5· ·disclosing any confidential communications he's had
·6· ·with Attorney Whitaker.
·7· ·BY MR. BACHO:
·8· · · · Q.· Go ahead.
·9· · · · A.· I'm not going to answer the question.
09:49:56 10· · · · Q.· Okay.· So I -- to be clear, your attorney
11· ·advised you not to disclose any attorney-client
12· ·communications.
13· · · · · · So outside of legal advice or legal
14· ·counseling, and outside of medical monitoring, is
09:50:07 15· ·there any other reason why Ms. Whitaker is here
16· ·today?
17· · · · A.· No.
18· · · · Q.· Do you believe that Ms. Whitaker is a
19· ·witness to the facts that are relevant to this
09:50:21 20· ·lawsuit?
21· · · · MR. WATTERS:· I'll object.· Overbroad.
22· · · · THE WITNESS:· She has witnessed some things.
23· ·BY MR. BACHO:
24· · · · Q.· Have you asked her to testify in this case?
09:50:33 25· · · · A.· No.
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EXHIBIT C
·1· · · · IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
·2· · · · · · · · ·IN AND FOR THE COUNTY OF SONOMA
·3· · · · · · · · · · · · · · ·- - - -
·4
·5· · BARRY BRILLIANT, an individual; )
· · · And DAGMAR K. HOHENECK-SMITH,· ·)
·6· · An individual and as trustee· · )
· · · Of THE DAGMAR HOHENECK-SMITH· · )
·7· · TRUST dated December 14, 2010,· )
· · · · · · · · · · · · · · · · · · · )
·8· · · · · · · · · ·Plaintiff,· · · ·)
· · · · · · · · · · · · · · · · · · · )
·9· · · · · vs.· · · · · · · · · · · ·)· · No.· SCV 267406
· · · · · · · · · · · · · · · · · · · )
10· · MITCHELL G. BLACK, an individual)
· · · and dba BLACK KNIGHT VINEYARDS; )
11· · DEANNE G. BLACK, an individual· )
· · · and dba BLACK KNIGHT VINEYARDS; )
12· · and DOES ONE through TWENTY,· · )
· · · inclusive,· · · · · · · · · · · )
13· · · · · · · · · · · · · · · · · · )
· · · · · · · · · · ·Defendants.· · · )
14· · ________________________________)
15
16
17· · · · · · · · · · · · · · ·- - - -
18· · · · · ·VIDEOCONFERENCE DEPOSITION OF DEANNE BLACK
19· · · · · · · · · · · · ·Held via Zoom
20· · · · · · · ·Witness located in Tampa, Florida
21· · · · · ·Thursday, December 15, 2022, 10:01 a.m. PST
22· · · · · · · · · · · · · · ·- - - -
23
24
25· ·Job No. 939638
DEANNE BLACK - 12/15/2022
Page 68
·1· · · · A.· ·Yes.
·2· · · · Q.· ·"Mitch's girlfriend Joyce has been told awful
·3· ·untruths about me by Mitch."
·4· · · · · · ·You wrote that?
·5· · · · A.· ·Yeah.
·6· · · · Q.· ·What was Mitch telling about you?
·7· · · · A.· ·It was related to a divorce.· Not relevant to
·8· ·the case.
·9· · · · Q.· ·Well, what was he saying about you?
01:08 10· · · · A.· ·I don't know.
11· · · · Q.· ·Well, they're awful untruths, so --
12· · · · A.· ·I don't recall.
13· · · · Q.· ·-- assume you know.
14· · · · A.· ·I don't recall.
15· · · · Q.· ·Okay.· Is Joyce, Joyce Whittaker?
16· · · · A.· ·Yes.
17· · · · Q.· ·And is Joyce Whittaker a lawyer for Black
18· ·Knight Vineyards?
19· · · · A.· ·Yes.
01:09 20· · · · Q.· ·Black Knight Vineyards had retained Joyce for
21· ·matters that are unrelated to this case; is that
22· ·correct?
23· · · · A.· ·Correct.
24· · · · Q.· ·What made you believe that Mitch was been
25· ·telling awful untruths about you?
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EXHIBIT D
·1· · · · IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
·2· · · · · · · · IN AND FOR THE COUNTY OF SONOMA
·3· · · · · · · · · · · · · · - - - -
·4
·5· ·BARRY BRILLIANT, an individual; )
· · ·and DAGMAR K. HOHENECK-SMITH,· ·)
·6· ·an individual and as trustee· · )
· · ·of THE DAGMAR HOHENECK-SMITH· · )
·7· ·TRUST dated December 14, 2010,· )
· · · · · · · · · · · · · · · · · · ·)
·8· · · · · · · · · Plaintiff,· · · ·)
· · · · · · · · · · · · · · · · · · ·)
·9· · · · ·vs.· · · · · · · · · · · ·)· · No.· SCV 267406
· · · · · · · · · · · · · · · · · · ·)
10· ·MITCHELL G. BLACK, an individual)
· · ·and dba BLACK KNIGHT VINEYARDS; )
11· ·DEANNE G. BLACK, an individual· )
· · ·and dba BLACK KNIGHT VINEYARDS; )
12· ·and DOES ONE through TWENTY,· · )
· · ·inclusive,· · · · · · · · · · · )
13· · · · · · · · · · · · · · · · · ·)
· · · · · · · · · · Defendants.· · · )
14· ·________________________________)
15
16
17· · · · · · · · · · · · · · - - - -
18· · · · · · · · VIDEOCONFERENCE DEPOSITION OF
19· · · · · · · · · MITCHELL BLACK, VOLUME II
20· · · · · · · · · · · · ·Held via Zoom
21· · · · · · Witness located in San Jose, California
22· · · · · ·Friday, February 10, 2023, 9:07 a.m. PST
23· · · · · · · · · · · · · · - - - -
24
25· · · · · · · · · · · ·Job No. 957851
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MITCHELL BLACK, VOLUME II - 02/10/2023
Page 299
·1· · · · Q.· ·Is there anyone else in the room with you?
·2· · · · A.· ·Yes.
·3· · · · Q.· ·Who else is in the room with you?
·4· · · · A.· ·Joyce Whittaker.
·5· · · · Q.· ·All right.· And is Ms. Whittaker participating
·6· ·in this deposition in any way?
·7· · · · A.· ·No.
·8· · · · Q.· ·Okay.· I notice that you have headphones on.
·9· ·Are you aware if she can hear what's being said by
09:09 10· ·either myself or Mr. Tapley or the court reporter or Mr.
11· ·Tunick right now?
12· · · · A.· ·She cannot.
13· · · · Q.· ·Okay.· Are you communicating with her in any
14· ·way through any messenger application, phone, chat,
15· ·anything like that?
16· · · · A.· ·No.
17· · · · Q.· ·All right.· And is she acting as an attorney
18· ·on your behalf or on behalf of Black Knight Vineyards in
19· ·this case?
09:10 20· · · · A.· ·She does have a role.
21· · · · Q.· ·And what's that role?
22· · · · A.· ·She has advised as an attorney.· She is an
23· ·attorney.
24· · · · Q.· ·Okay.· And she -- she's advising both you and
25· ·Black Knight Vineyards in this case as an attorney?
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MITCHELL BLACK, VOLUME II - 02/10/2023
Page 300
·1· · · · A.· ·Correct.
·2· · · · Q.· ·Okay.· Any other roles that Ms. Whittaker has
·3· ·in this case that you're aware of?
·4· · · · A.· ·Her main role is to watch my health because I
·5· ·do have PTSD, and this is a scenario where it flares up
·6· ·pretty strongly at times.· So her main role is to make
·7· ·sure I'm doing okay.
·8· · · · Q.· ·Okay.· And on that, this is not intended to
·9· ·cause you any type of harm.· If you feel like you cannot
09:10 10· ·continue or it's not safe for any reason, please let us
11· ·know, okay?
12· · · · A.· ·I will, yes.
13· · · · Q.· ·Go ahead.
14· · · · A.· ·This type of thing could cause some high blood
15· ·pressure coming into it.· So I've medicated that.· I'm
16· ·fine right now.· But that's what I have to be aware of
17· ·so...
18· · · · Q.· ·I will trust that you can monitor that along
19· ·with Ms. Whittaker.
09:11 20· · · · A.· ·Yes.
21· · · · Q.· ·Does your medication affect your ability to
22· ·recall things?
23· · · · A.· ·No.
24· · · · Q.· ·Okay.· And when you take your medication, do
25· ·you feel intoxicated in any way?
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EXHIBIT E
EXHIBIT F
1 HON. RENE AUGUSTE CHOUTEAU F' ! fl.,, c D
SUPERIOR COURT OF CALIFORNIA
JUDGE OF THE SUPERIOR COURT COUNTY OF SONOMA
2 Courtroom 18
3055 Cleveland Avenue APR - 6 2017
3 Santa Rosa, CA 95403
(707) 521-6730 L-"'--,(4-"-L
Preview
EXHIBIT A JAMS MEDIATION CONFIDENTIALITY AGREEMENT (CALIFORNIA) Re: Mediation of Brilliant, Barry, et al. vs. Black, Mitchell, et al. JAMS Reference Number 1100113598 In order to promote communication among the parties and to facilitate resolution of the dispute, the participants agree as follows: 1. This mediation process, including any hearing via video-conference or phone, is to be considered settlement negotiations for the purpose of all state and federal rules protecting disclosures made during such process from later discovery and/or use in evidence. No participant shall video record or audio record any part of the mediation session. No one else may attend or appear by video or phone without the permission of the parties and the consent of the mediator. All participants who participate in the mediation via phone or video-conference shall confirm that they are alone in the room and cannot be overheard by anyone else. All participants who participate in the mediation via phone or video-conference agree that they will only use a secure WiFi or Ethernet connection for all conduct related to the mediation session. If, for any reason, a participant hears a communication not intended for them, that participant must immediately advise the mediator. 2. The provisions of California Evidence Code§§ 1115-1129 and 703.5, as attached hereto, apply to this mediation. THIS MEDIATION CONFIDENTIALITY AGREEMENT ("AGREEMENT") EXTENDS TO ALL PRESENT AND FUTURE CNIL, JUDICIAL, QUASI-JUDICIAL, ARBITRAL, ADMINISTRATNE OR OTHER PROCEEDINGS. 3. The participants' sole purpose in conducting or participating in mediation is to compromise, settle or resolve their dispute, in whole or in part. 4. The privileged character of any information or documents is not altered by disclosure to the mediator. The mediation process may continue after the date appearing below. Therefore, the mediator's subsequent oral and written communications with the mediation participants in a continuing effort to resolve the dispute are subject to this Agreement. Accordingly, the parties waive the automatic termination provisions of section 1125(a)(5). This Agreement may be signed before, during or after the mediation. 5. ANY WRITTEN SETTLEMENT AGREEMENT PREPARED DURING OR AT THE CONCLUSION OF THE MEDIATION IS SUBJECT TO DISCLOSURE, BINDING, ENFORCEABLE, AND ADMISSIBLE to prove the existence of and/or to enforce the agreement under California Code of Civil Procedure§ 664.6, if applicable, or otherwise. 6. Because the participants are disclosing information in reliance upon this Agreement, any breach of this Agreement would cause irreparable injury for which monetary damages would be inadequate. Consequently, any party to this Agreement may obtain an injunction to prevent disclosure of any such confidential information in violation of this Agreement. page 2/8 7. The mediator is serving as a neutral intermediary and settlement facilitator and may not act as an advocate for any party. THE MEDIATOR'S STATEMENTS DO NOT CONSTITUTE LEGAL ADVICE TO ANY PARTY. ACCORDINGLY, THE PARTIES ARE STRONGLY ENCOURAGED TO SEEK LEGAL ADVICE FROM THEIR OWN COUNSEL. If the mediator assists in preparing a settlement agreement, each participant is advised to have the agreement independently reviewed by their own counsel before executing the agreement. / ______ !:jt�J,z_op_ Davin R. Bacho Esq. Clement, Fitzpatrick & Kenworthy Da�oheneck-Smith Mitchell B. Greenberg Es d�--- Abbey, Weitzenberg, W Danterfames Wilson Esq. Abbey, Weitzenberg, Warren & Emery, P.C �� -------- ---- Deanne G. Black ��� DocuSign Envelope ID: C96602FA-77FD-4586-817B-6617A357FC2F page 2/8 7. The mediator is serving as a neutral intermediary and settlement facilitator and may not act as an advocate for any party. THE MEDIATOR'S STATEMENTS DO NOT CONSTITUTE LEGAL ADVICE TO ANY PARTY. ACCORDINGLY, THE PARTIES ARE STRONGLY ENCOURAGED TO SEEK LEGAL ADVICE FROM THEIR OWN COUNSEL. If the mediator assists in preparing a settlement agreement, each participant is advised to have the agreement independently reviewed by their own counsel before executing the agreement. DocuSigned by: I 6/22/2022 I 6:37 AM PDT �5483 .. Davin R. Bacho Esq. Clement, Fitzpatrick & Kenworthy Nicholas Bemate Esq. Clement, Fitzpatrick & Kenworthy Barry Brilliant Dagmar K. Hoheneck-Smith Mitchell B. Greenberg Esq. Abbey, Weitzenberg, Warren & Emery, P.C. [I:75E1C1 ... Daniel James Wilson Esq. 6/21/2022 I 11:54 PM PDT Abbey, Weitzenberg, Warren & Emery, P.C. Mitchell G. Black DocuSigned by: G 6/22/2022 I 6:41 AM PDT �. eanne G. Black page 3/8 CALIFORNIA EVIDENCE CODE Mediation §1115. For purposes of this chapter: (a) "Mediation" means a process in which a neutral person or persons facilitate communication between the disputants to assist them in reaching a mutually acceptable agreement. (b) "Mediator" means a neutral person who conducts a mediation. "Mediator" includes any person designated by a mediator either to assist in the mediation or to communicate with the participants in preparation for a mediation. (c) "Mediation consultation" means a communication between a person and a mediator for the purpose of initiating, considering, or reconvening a mediation or retaining the mediator. §1116. (a) Nothing in this chapter expands or limits a court's authority to order participation in a dispute resolution proceeding. Nothing in this chapter authorizes or affects the enforceability of a contract clause in which parties agree to the use of mediation. (b) Nothing in this chapter makes admissible evidence that is inadmissible under Section 1152 or any other statute. §1117. (a) Except as provided in subdivision (b), this chapter applies to a mediation as defined in Section 1115. (b) This chapter does not apply to either of the following: (1) A proceeding under Part 1 (commencing with Section 1800) of Division 5 of the Family Code or Chapter 11 (commencing with Section 3160) of Part 2 of Division 8 of the Family Code. (2) A settlement conference pursuant to Rule 3.1380 of the California Rules of Court. §1118. An oral agreement "in accordance with Section 1118" means an oral agreement that satisfies all of the following conditions: (a) The oral agreement is.recorded by a court reporter, tape recorder, or other reliable means of sound recording. (b) The terms of the oral agreement are recited on the record in the presence of the parties and the mediator, and the parties express on the record that they agree to the terms recited. (c) The parties to the oral agreement expressly state on the record that the agreement is enforceable or binding or words to that effect. (d) The recording is reduced to writing and the writing is signed by the parties within 72 hours after it is recorded. page 4/8 §1119. Except as otherwise provided in this chapter: (a) No evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to, a mediation or a mediation consultation is admissible or subject to discovery, and disclosure of the evidence shall not be compelled, in any arbitration, administrative adjudication, civil action, or other noncriminal proceeding in which, pursuant to law, testimony can be compelled to be given. (b) No writing, as defined in Section 250, that is prepared for the purpose of, in the course of, or pursuant to, a mediation or a mediation consultation, is admissible or subject to discovery, and disclosure of the writing shall not be compelled, in any arbitration, administrative adjudication, civil action, or other noncriminal proceeding in which, pursuant to law, testimony can be compelled to be given. (c) All communications, negotiations, or settlement discussions by and between participants in the course of a mediation or a mediation consultation shall remain confidential. §1120. (a) Evidence otherwise admissible or subject to discovery outside of a mediation or a mediation consultation shall not be or become inadmissible or protected from disclosure solely by reason of its introduction or use in a mediation or a mediation consultation. (b) This chapter does not limit any of the following: (1) The admissibility of an agreement to mediate a dispute. (2) The effect of an agreement not to take a default or an agreement to extend the time within which to act or refrain from acting in a pending civil action. (3) Disclosure of the mere fact that a mediator has served, is serving, will serve, or was contacted about serving as a mediator in a dispute. §1121. Neither a mediator nor anyone else may submit to a court or other adjudicative body, and a court or other adjudicative body may not consider, any report, assessment, evaluation, recommendation, or finding of any kind by the mediator concerning a mediation conducted by the mediator, other than a report that is mandated by court rule or other law and that states only whether an agreement was reached, unless all parties to the mediation expressly agree otherwise in writing, or orally in accordance with Section 1118. §1122. (a) A communication or writing, as defined in Section 250, that is made or prepared for the purpose of, or in the course of, or pursuant to, a mediation or a mediation consultation, is not made inadmissible, or protected from disclosure, by provisions of this chapter if any of the following conditions are satisfied: (1) All persons who conduct or otherwise participate in the mediation expressly agree in writing, or orally in accordance with Section 1118, to disclosure of the communication, document, or writing. page 5/8 (2) The communication, document, or writing was prepared by or on behalf of fewer than all the mediation participants, those participants expressly agree in writing, or orally in accordance with Section 1118, to its disclosure, and the communication, document, or writing does not disclose anything said or done or any admission made in the course of the mediation. (3) The communication, document, or writing is related to an attorney's compliance with the requirements described in Section 1129 and does not disclose anything said or done or any admission made in the course of the mediation, in which case the communication, document, or writing may be used in an attorney disciplinary proceeding to determine whether the attorney has complied with Section 1129. (b) For purposes of subdivision (a),.if the neutral person who conducts a mediation expressly agrees to disclosure, that agreement also binds any other person described in subdivision (b) of Section 1115. §1123. A written settlement agreement prepared in the course of, or pursuant to, a mediation, is not made inadmissible, or protected from disclosure, by provisions of this chapter if the agreement is signed by the settling parties and any of the following conditions are satisfied: (a} The agreement provides that it is admissible or subject to disclosure, or words to that effect. (b) The agreement provides that it is enforceable or binding or words to that effect. (c) All parties to the agreement expressly agree in writing, or orally in accordance with Section 1118, to its disclosure. (d) The agreement is used to show fraud, duress, illegality that is relevant to an issue in dispute. §1124. An oral agreement made in the course of, or pursuant to, a mediation is not made inadmissible, or protected from disclosure, by the provisions of this chapter if any of the following conditions are satisfied: (a) The agreement is in accordance with Section 1118. (b) The agreement is in accordance with subdivisions (a), (b), and (d) of Section 1118, and all parties to the agreement expressly agree, in writing or orally in accordance with Section 1118,to disclosure of the agreement. (c) The agreement is in accordance with subdivisions (a), (b), and (d) of Section 1118, and the agreement is used to show fraud, duress, or illegality that is relevant to an issue in dispute. §1125. (a) For purposes of confidentiality under this chapter, a mediation ends when any one of the following conditions is satisfied: (1) The parties execute a written settlement agreement that fully resolves the dispute. (2) An oral agreement that fully resolves the dispute is reached in accordance with Section 1118. page 6/8 (3) The mediator provides the mediation participants with a writing signed by the mediator that states that the mediation is terminated, or words to that effect, which shall be consistent with Section 1121. (4) A party provides the mediator and the other mediation participants with a writing stating that the mediation is terminated, or words to that effect, which shall be consistent with Section 1121. In a mediation involving more than two parties, the mediation may continue as to the remaining parties or be terminated in accordance with this section. (5) F.or 10 calendar days, there is no communication between the mediator a11d any of the parties to the mediation relating to the dispute. The mediator and the parties may shorten or extend this time by agreement, (b) For purposes of confidentiality under this chapter, if a mediation partially resolves a dispute, mediation ends when either of the following conditions is satisfied: (1) The parties execute a written settlement agreement that partially resolves the dispute. (2) An oral agreement thatpartiaHy resolves the dispute is reached in accordance with Section 1118. (c) This section does not preclude a party from ending a mediation without reaching an agreement.· This section does not otherwise affect the extent to which a party may terminate a mediation. §1126. Anything said, any admission made, or any writing that is inadmissible, protected from disclosure, and confidential under this chapter before a mediation ends, shall remain inadmissible, protected from disclosure, and confidential to the same extent after the mediation ends. §1127. If a person subpoenas or otherwise seeks to compel a mediator to testify or produce a writing, as defined in Section 250, and the court or other adjudicative body determines that the testimony or writing is inadmissible under this chapter, or protected from disclosure under this chapter, the court or adjudicative body making the determination shall award reasonable attorney's fees and costs to the mediator against the person seeking the testimony or writing. §1128. Any reference to a mediation during any subsequent trial is an irregularity in the proceedings of the trial for the purposes of Section 657 of the Code of Civil Procedure. Any reference to a mediation during any other subsequent noncriminal proceeding is grounds for vacating or modifying the decision in that proceeding, in whole or in part, and granting a new or further hearing on all or part of the issues, if the reference materially affected the substantial rights of the party requesting relief. page 7/8 §1129. (a) Except in the case of a class or representative action, an attorney representing a client participating in a mediation or a mediation consultation shall, as soon as reasonably possible before the client agrees to participate in the mediation or mediation consultation, provide that client with a printed disclosure containing the confidentiality restrictions described in Section 1119 and obtain a printed acknowledgment signed by that client stating that he or she has read and understands the confidentiality restrictions. (b) An attorney who is retained after an individual agrees to participate in the mediation or mediation consultation shall,· as soon as reasonably possible after being retained, comply with the printed disclosure and acknowledgment requirements described in subdivision (a). (c) The printed disclosure required by subdivision (a) shall: (l) Be printed in the preferred language of the client in at least 12-point font. (2) Be printed on a single page that is not attached to any other document provided to the client. (3) Include the naines of the attorney and the client and be signed and dated by the attorney and the client. (d) If the requirements in subdivision (c) are met, the following disclosure shall be deemed to comply with the requirements of subdivision (a): Mediation Disclosure Notification and Acknowledgment: To promote communication in mediation, California law generally makes mediation a confidential process. California's mediation confidentiality laws are laid out in Sections 703.5 and 1115 to 1129, inclusive, of the Evidence Code. Those laws establish the confidentiality of mediation and limit the disclosure, admissibility, and a court's consideration of communications, writings, and conduct in connection with a mediation. In general, those laws mean the following: • All communications, negotiations, or settlement offers in the course of a mediation must remain confidential. • Statements made and writings prepared in connection with a mediation are not admissible or subject to discovery or compelled disclosure in noncriminal proceedings. • A mediator's report, opinion, recomme,mJation, or finding about what occurred in a mediation may not be �ubmitted to or considered by a court or another adjudicative body. • A mediator cannot testify in any subsequent civil proceeding about any communication or conduct occurring at, or in connection with, a mediation. This means that all communications between you and your attorney made in preparation for a mediation; or during a mediation, are confidential and cannot be disclosed or used (except in . extremely limited circumstances), even ifyou later decide to sue your attorney for malpractice because ofsomething that happens during the mediation. I,---�-- [Name of Client], understand that, unless all participants agree otherwise, no oral or written coinmunication made during a inediatiiJn, or in preparation fiJr a mediation, including communications between me and my attorney, can be used as evidence in any subsequent noncriminal legal action including an a,ction against my attorney/or �a/practice or .an ethical violation. · · · · · · ·· · page 8/8 I, _ _ _ _ _ [Name of Client], understand that, unless all participants agree otherwise, no oral or written communication made during a mediation, or in preparation for a mediation, including communications between me and my attorney, can be used as evidence in any subsequent noncriminal legal action including an action against my attorney for malpractice or an ethical violation. ···NOTE: This disclosure and signed acknowledgment does not limit your attorney's potential liability to you for professional malpractice, or prevent you from 0) reporting any professional misconductby your attorney to the State Bar of California or (2) cooperating with tiny disciplinary investigation or criminal prosecution of your attorney. [Name of Client] [Date signed] [Name of Attorney] [Date signed} (e)Failure of an attorney to comply with this section is not a basis to set aside an agreement prepared in the course of, or pursuant to, a mediation. §703.5. Judges, arbitrators or medi;itors as witnesses; subsequent civil proceeding. No person presiding at any judicial or quasi-judicial proceeding, and no arbitrator or mediator, shall be competent to testify, in any subsequent civil proceedings, as to any statement, conduct, decision, or ruling, occurring at or in conjunction with the prior proceeding, except as to a statement or conduct that could (a)give rise to civil or criminal contempt, (b)constitute a crime, (c)be the subject of investigation by the State Bar or Commission on Judicial Performance, or (d) give rise to disqualification proceedings under paragraph (1)or (6)of subdivision (a)of Section 170.1 of the Code of Civil Procedure. However, this section does not apply to a mediator with regard to any mediation under Chapter 11 (commencing with Section 3160)of Part 2 of Division 8 of the Family Code. EXHIBIT B ·1· · · · · · ·SUPERIOR COURT OF THE STATE OF CALIFORNIA ·2· · · · · · · · · · · ·COUNTY OF SONOMA ·3· · · · · · · · · · · · · ·---o0o--- ·4 · · ·BARRY BRILLIANT, an individual;· · ·) ·5· ·and DAGMAR K. HOHENECK-SMITH, an· · ) · · ·individual and as trustee of THE· · ) ·6· ·DAGMAR HOHENECK-SMITH TRUST dated· ·) · · ·December 14, 2010,· · · · · · · · · ) ·7· · · · · · · · · · · · · · · · · · · ·) · · · · · · ·Plaintiffs,· · · · · · · · ·) ·8· · · · · · · · · · · · · · · · · · · ·) · · · · vs.· · · · · · · · · · · · · · · )· No. SCV-267406 ·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· · · · · · · · · · · · · · · · · · · ·) · · ·AND RELATED CROSS-ACTIONS.· · · · · ) 15· ·____________________________________) 16 · · · · · · · · · · · · · · · · - - - 17 18· · · · · VIDEOTAPED DEPOSITION OF MITCHELL G. BLACK 19· · · · · · AS A PMK AND IN HIS INDIVIDUAL CAPACITY 20· · · · · · · · · ·FRIDAY, DECEMBER 2, 2022 21 · · · · · · VOLUME I:· PAGES 1 THROUGH 290, INCLUSIVE 22 23 24· ·REPORTED BY:· · · ·Brenda L. Marshall, RPR, CSR #6939 25· YVer1f ·JOB NO. 935230 MITCHELL G. BLACK, PMK AND IN HIS INDIVIDUAL CAPACITY, VOLUME I - 12/02/2022 Page 11 ·1· ·to repeat it or rephrase a question, all you have to ·2· ·do is ask me.· Okay? ·3· · · · A.· Okay. ·4· · · · Q.· Okay.· If you answer a question, then I'm 09:43:37 ·5· ·going to assume that you understood what I was ·6· ·asking and that you were giving an accurate answer. ·7· · · · · · Does that make sense? ·8· · · · A.· Yes. ·9· · · · Q.· Okay.· So meaning -- you look a little 09:43:46 10· ·confused so I'll just go into that -- meaning that 11· ·if you don't ask me to rephrase or if you don't ask 12· ·me to repeat, I'm going to assume that you 13· ·understood the question. 14· · · · · · Is that clear? 09:43:56 15· · · · A.· That's clear. 16· · · · Q.· Okay.· All right.· I know Mr. Watters is 17· ·your attorney, and we have -- Ms. Whitaker is in the 18· ·room today; correct? 19· · · · A.· Correct. 09:44:07 20· · · · Q.· Okay.· What is Ms. Whitaker's role here 21· ·today? 22· · · · A.· She's my fiancee. 23· · · · Q.· Okay. 24· · · · MR. WATTERS:· And for the record, she's also an 09:44:16 25· ·attorney at law. Litigation Services· |· 800-330-1112 www.litigationservices.com | The LIT Group 079F YVer1f MITCHELL G. BLACK, PMK AND IN HIS INDIVIDUAL CAPACITY, VOLUME I - 12/02/2022 Page 12 ·1· ·BY MR. BACHO: ·2· · · · Q.· Okay.· Is she your attorney? ·3· · · · MR. WATTERS:· Not for purposes of the ·4· ·deposition. 09:44:21 ·5· · · · THE WITNESS:· No.· No. ·6· ·BY MR. BACHO: ·7· · · · Q.· Okay.· Is she your attorney for any ·8· ·purpose? ·9· · · · MR. WATTERS:· Well, that's -- 09:44:25 10· · · · THE WITNESS:· I -- 11· · · · MR. WATTERS:· Hold on. 12· · · · THE WITNESS:· Yeah. 13· · · · MR. WATTERS:· You can just answer that "yes" or 14· ·"no." 09:44:30 15· · · · THE WITNESS:· Is she my attorney for any 16· ·purpose? 17· · · · MR. BACHO:· Yes. 18· · · · THE WITNESS:· Yes. 19· ·BY MR. BACHO: 09:44:34 20· · · · Q.· Okay.· And any purpose related to this case 21· ·that we're here for? 22· · · · A.· No. 23· · · · MR. WATTERS:· Well, excuse me.· You can't ask 24· ·that.· Move to strike.· It's attorney-client 09:44:41 25· ·privilege.· You can't ask about the nature of their Litigation Services· |· 800-330-1112 www.litigationservices.com | The LIT Group 079F YVer1f MITCHELL G. BLACK, PMK AND IN HIS INDIVIDUAL CAPACITY, VOLUME I - 12/02/2022 Page 13 ·1· ·representation, in my opinion. ·2· · · · MR. BACHO:· Okay.· Are you advising him not to ·3· ·answer if she is an attorney involved in this case? ·4· · · · MR. WATTERS:· No.· She's not an attorney -- 09:44:55 ·5· ·she's not the attorney of record, but she is an ·6· ·attorney at law, and it's my understanding that ·7· ·they're engaged to be married. ·8· · · · · · It's my further understanding that they ·9· ·have talked about this case in her role as an 09:45:07 10· ·attorney.· Beyond that, we're not going to go any 11· ·further, in my opinion. 12· · · · MR. BACHO:· Well, that's not my question. 13· · · · · · My question is, is she acting as an 14· ·attorney involved in this case in any capacity, not 09:45:18 15· ·whether you've spoken with her, whether you're 16· ·engaged to be married, none of that. 17· · · · Q.· Is she acting as your attorney in a 18· ·capacity in this case? 19· · · · A.· I'm not sure I have -- 09:45:27 20· · · · MR. WATTERS:· Excuse me.· Hold on.· Hold on. 21· ·Wait one second. 22· · · · · · My explanation, I think, accurately states 23· ·the situation so that you understand that you won't 24· ·be able to ask certain questions based on the fact 09:45:41 25· ·that they are not married, so the husband and wife Litigation Services· |· 800-330-1112 www.litigationservices.com | The LIT Group 079F YVer1f MITCHELL G. BLACK, PMK AND IN HIS INDIVIDUAL CAPACITY, VOLUME I - 12/02/2022 Page 14 ·1· ·privileges wouldn't apply, but she's an attorney at ·2· ·law, and it's my understanding they have discussed ·3· ·aspects of the case in a confidential matter. ·4· · · · · · So I'm asserting the attorney-client 09:45:55 ·5· ·privilege as to any conversations that my client and ·6· ·Ms. Whitaker may have had regarding this case, and ·7· ·beyond that, I don't think you're entitled to go -- ·8· · · · MR. BACHO:· So -- ·9· · · · MR. WATTERS:· -- further. 09:46:08 10· · · · MR. BACHO:· -- you're saying that, but is he 11· ·saying that? 12· · · · MR. WATTERS:· Yeah. 13· · · · THE WITNESS:· Yes. 14· · · · MR. WATTERS:· I'm his attorney and his agent. 09:46:13 15· · · · MR. BACHO:· I understand that. 16· · · · THE WITNESS:· I'm agreeing with him. 17· ·BY MR. BACHO: 18· · · · Q.· You agree with him? 19· · · · A.· Yes. 09:46:16 20· · · · Q.· Okay.· When did you retain Ms. Whitaker? 21· · · · MR. WATTERS:· Well, that assumes facts not in 22· ·evidence. 23· ·BY MR. BACHO: 24· · · · Q.· Okay.· Earlier -- 09:46:24 25· · · · MR. WATTERS:· And vague and ambiguous. Litigation Services· |· 800-330-1112 www.litigationservices.com | The LIT Group 079F YVer1f MITCHELL G. BLACK, PMK AND IN HIS INDIVIDUAL CAPACITY, VOLUME I - 12/02/2022 Page 15 ·1· · · · MR. BACHO:· I apologize for interrupting. ·2· · · · MR. WATTERS:· Sorry.· Cut you off. ·3· · · · MR. BACHO:· I didn't mean to do that. ·4· · · · MR. WATTERS:· That's okay. 09:46:30 ·5· · · · MR. BACHO:· Go ahead and get your objection so ·6· ·it's clear. ·7· · · · MR. WATTERS:· Yeah.· Yeah.· Vague and ·8· ·ambiguous. ·9· ·BY MR. BACHO: 09:46:34 10· · · · Q.· Okay.· You stated, to some degree, that 11· ·Ms. Whitaker is acting as your attorney in some 12· ·capacity; correct? 13· · · · A.· Correct. 14· · · · Q.· Okay.· Did you ever retain her as an 09:46:42 15· ·attorney? 16· · · · MR. WATTERS:· Well, objection.· Assumes facts 17· ·not in evidence. 18· · · · MR. BACHO:· Well, I'm asking the question -- 19· · · · MR. WATTERS:· Vague and -- I know.· Vague and 09:46:52 20· ·ambiguous. 21· · · · THE WITNESS:· I'm not sure what the difference 22· ·is. 23· ·BY MR. BACHO: 24· · · · Q.· Okay.· Did you ever seek her legal counsel? 09:46:57 25· · · · MR. WATTERS:· Okay. Litigation Services· |· 800-330-1112 www.litigationservices.com | The LIT Group 079F YVer1f MITCHELL G. BLACK, PMK AND IN HIS INDIVIDUAL CAPACITY, VOLUME I - 12/02/2022 Page 16 ·1· · · · THE WITNESS:· Yes. ·2· ·BY MR. BACHO: ·3· · · · Q.· And when did that start? ·4· · · · A.· Three and a half years ago. 09:47:16 ·5· · · · Q.· And did Ms. Whitaker attend the mediation ·6· ·that we had in this case? ·7· · · · A.· Yes. ·8· · · · Q.· And was she acting as your attorney in that ·9· ·role? 09:47:26 10· · · · A.· No. 11· · · · Q.· Is she acting as your attorney today? 12· · · · MR. WATTERS:· Well -- 13· · · · THE WITNESS:· No. 14· · · · MR. WATTERS:· -- it depends what the scope -- 09:47:31 15· · · · THE WITNESS:· Right.· You're -- you're -- 16· · · · MR. WATTERS:· -- here is -- hold on one second. 17· · · · THE WITNESS:· The -- 18· · · · MR. WATTERS:· Hold on one second. 19· · · · THE WITNESS:· I go back to the original. 09:47:37 20· · · · MR. WATTERS:· Hold on one second.· I'm here as 21· ·the attorney of record of Mr. Black and his company. 22· ·He's here in his role as the PM -- PMQ and 23· ·individually. 24· · · · · · So Ms. Whitaker is not a litigator, she's 09:47:55 25· ·not -- well, I don't know whether she is or she Litigation Services· |· 800-330-1112 www.litigationservices.com | The LIT Group 079F YVer1f MITCHELL G. BLACK, PMK AND IN HIS INDIVIDUAL CAPACITY, VOLUME I - 12/02/2022 Page 17 ·1· ·isn't.· I shouldn't say that.· Ms. Whitaker is an ·2· ·attorney at law, as I understand it, and so she's ·3· ·not an attorney of record in this matter. ·4· ·BY MR. BACHO: 09:48:06 ·5· · · · Q.· Let me just ask a straightforward question. ·6· ·Why is Ms. Whitaker here today at your deposition? ·7· · · · MR. WATTERS:· Well -- ·8· · · · THE WITNESS:· I need her here to observe how I ·9· ·am doing from a medical standpoint. 09:48:18 10· ·BY MR. BACHO: 11· · · · Q.· Is she a doctor? 12· · · · A.· Yes. 13· · · · Q.· What kind of doctor? 14· · · · A.· Of law. 09:48:26 15· · · · Q.· Okay.· Is she a medical doctor? 16· · · · A.· Not to my knowledge. 17· · · · Q.· Okay.· Is she -- does she have any medical 18· ·training that you're aware of? 19· · · · A.· I wouldn't know. 09:48:38 20· · · · Q.· Okay.· She's your fiancee? 21· · · · A.· Yes. 22· · · · Q.· Okay.· And you've had at least a 23· ·relationship with her for three and a half years, 24· ·you said? 09:48:44 25· · · · A.· Yes. Litigation Services· |· 800-330-1112 www.litigationservices.com | The LIT Group 079F YVer1f MITCHELL G. BLACK, PMK AND IN HIS INDIVIDUAL CAPACITY, VOLUME I - 12/02/2022 Page 18 ·1· · · · Q.· And you brought her here to monitor your ·2· ·medical well-being? ·3· · · · A.· Yes. ·4· · · · Q.· And you don't know if she has any medical 09:48:53 ·5· ·training? ·6· · · · A.· It's not important. ·7· · · · Q.· The person that's monitoring -- monitoring ·8· ·your medical health, it's not important if they have ·9· ·medical training? 09:49:03 10· · · · MR. WATTERS:· I'll object.· Argumentative.· Not 11· ·reasonably calculated to lead to the discovery of 12· ·admissible evidence. 13· · · · · · Depositions are proceedings -- under the 14· ·law are proceedings in this country, are in open 09:49:19 15· ·public court, so to speak.· So, presumably, anybody 16· ·can show up here, if they wanted to. 17· · · · MR. BACHO:· I'm not stopping her from being 18· ·here. 19· · · · MR. WATTERS:· I understand. 09:49:30 20· · · · MR. BACHO:· I'm just trying to find out why -- 21· · · · Q.· Are there any other reasons -- 22· · · · MR. WATTERS:· You're wasting time on that. 23· ·BY MR. BACHO: 24· · · · Q.· Are there any other reasons, other than 09:49:34 25· ·Ms. Whitaker monitoring your medical well-being, for Litigation Services· |· 800-330-1112 www.litigationservices.com | The LIT Group 079F YVer1f MITCHELL G. BLACK, PMK AND IN HIS INDIVIDUAL CAPACITY, VOLUME I - 12/02/2022 Page 19 ·1· ·her being here today? ·2· · · · MR. WATTERS:· Excuse me.· That may invade the ·3· ·attorney-client privilege.· Instruct the witness not ·4· ·to answer any part of that question that may end up 09:49:44 ·5· ·disclosing any confidential communications he's had ·6· ·with Attorney Whitaker. ·7· ·BY MR. BACHO: ·8· · · · Q.· Go ahead. ·9· · · · A.· I'm not going to answer the question. 09:49:56 10· · · · Q.· Okay.· So I -- to be clear, your attorney 11· ·advised you not to disclose any attorney-client 12· ·communications. 13· · · · · · So outside of legal advice or legal 14· ·counseling, and outside of medical monitoring, is 09:50:07 15· ·there any other reason why Ms. Whitaker is here 16· ·today? 17· · · · A.· No. 18· · · · Q.· Do you believe that Ms. Whitaker is a 19· ·witness to the facts that are relevant to this 09:50:21 20· ·lawsuit? 21· · · · MR. WATTERS:· I'll object.· Overbroad. 22· · · · THE WITNESS:· She has witnessed some things. 23· ·BY MR. BACHO: 24· · · · Q.· Have you asked her to testify in this case? 09:50:33 25· · · · A.· No. Litigation Services· |· 800-330-1112 www.litigationservices.com | The LIT Group 079F YVer1f EXHIBIT C ·1· · · · IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA ·2· · · · · · · · ·IN AND FOR THE COUNTY OF SONOMA ·3· · · · · · · · · · · · · · ·- - - - ·4 ·5· · BARRY BRILLIANT, an individual; ) · · · And DAGMAR K. HOHENECK-SMITH,· ·) ·6· · An individual and as trustee· · ) · · · Of THE DAGMAR HOHENECK-SMITH· · ) ·7· · TRUST dated December 14, 2010,· ) · · · · · · · · · · · · · · · · · · · ) ·8· · · · · · · · · ·Plaintiff,· · · ·) · · · · · · · · · · · · · · · · · · · ) ·9· · · · · vs.· · · · · · · · · · · ·)· · No.· SCV 267406 · · · · · · · · · · · · · · · · · · · ) 10· · MITCHELL G. BLACK, an individual) · · · and dba BLACK KNIGHT VINEYARDS; ) 11· · DEANNE G. BLACK, an individual· ) · · · and dba BLACK KNIGHT VINEYARDS; ) 12· · and DOES ONE through TWENTY,· · ) · · · inclusive,· · · · · · · · · · · ) 13· · · · · · · · · · · · · · · · · · ) · · · · · · · · · · ·Defendants.· · · ) 14· · ________________________________) 15 16 17· · · · · · · · · · · · · · ·- - - - 18· · · · · ·VIDEOCONFERENCE DEPOSITION OF DEANNE BLACK 19· · · · · · · · · · · · ·Held via Zoom 20· · · · · · · ·Witness located in Tampa, Florida 21· · · · · ·Thursday, December 15, 2022, 10:01 a.m. PST 22· · · · · · · · · · · · · · ·- - - - 23 24 25· ·Job No. 939638 DEANNE BLACK - 12/15/2022 Page 68 ·1· · · · A.· ·Yes. ·2· · · · Q.· ·"Mitch's girlfriend Joyce has been told awful ·3· ·untruths about me by Mitch." ·4· · · · · · ·You wrote that? ·5· · · · A.· ·Yeah. ·6· · · · Q.· ·What was Mitch telling about you? ·7· · · · A.· ·It was related to a divorce.· Not relevant to ·8· ·the case. ·9· · · · Q.· ·Well, what was he saying about you? 01:08 10· · · · A.· ·I don't know. 11· · · · Q.· ·Well, they're awful untruths, so -- 12· · · · A.· ·I don't recall. 13· · · · Q.· ·-- assume you know. 14· · · · A.· ·I don't recall. 15· · · · Q.· ·Okay.· Is Joyce, Joyce Whittaker? 16· · · · A.· ·Yes. 17· · · · Q.· ·And is Joyce Whittaker a lawyer for Black 18· ·Knight Vineyards? 19· · · · A.· ·Yes. 01:09 20· · · · Q.· ·Black Knight Vineyards had retained Joyce for 21· ·matters that are unrelated to this case; is that 22· ·correct? 23· · · · A.· ·Correct. 24· · · · Q.· ·What made you believe that Mitch was been 25· ·telling awful untruths about you? Litigation Services· |· 800-330-1112 www.litigationservices.com | The LIT Group 079F YVer1f EXHIBIT D ·1· · · · IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA ·2· · · · · · · · IN AND FOR THE COUNTY OF SONOMA ·3· · · · · · · · · · · · · · - - - - ·4 ·5· ·BARRY BRILLIANT, an individual; ) · · ·and DAGMAR K. HOHENECK-SMITH,· ·) ·6· ·an individual and as trustee· · ) · · ·of THE DAGMAR HOHENECK-SMITH· · ) ·7· ·TRUST dated December 14, 2010,· ) · · · · · · · · · · · · · · · · · · ·) ·8· · · · · · · · · Plaintiff,· · · ·) · · · · · · · · · · · · · · · · · · ·) ·9· · · · ·vs.· · · · · · · · · · · ·)· · No.· SCV 267406 · · · · · · · · · · · · · · · · · · ·) 10· ·MITCHELL G. BLACK, an individual) · · ·and dba BLACK KNIGHT VINEYARDS; ) 11· ·DEANNE G. BLACK, an individual· ) · · ·and dba BLACK KNIGHT VINEYARDS; ) 12· ·and DOES ONE through TWENTY,· · ) · · ·inclusive,· · · · · · · · · · · ) 13· · · · · · · · · · · · · · · · · ·) · · · · · · · · · · Defendants.· · · ) 14· ·________________________________) 15 16 17· · · · · · · · · · · · · · - - - - 18· · · · · · · · VIDEOCONFERENCE DEPOSITION OF 19· · · · · · · · · MITCHELL BLACK, VOLUME II 20· · · · · · · · · · · · ·Held via Zoom 21· · · · · · Witness located in San Jose, California 22· · · · · ·Friday, February 10, 2023, 9:07 a.m. PST 23· · · · · · · · · · · · · · - - - - 24 25· · · · · · · · · · · ·Job No. 957851 YVer1f YVer1f MITCHELL BLACK, VOLUME II - 02/10/2023 Page 299 ·1· · · · Q.· ·Is there anyone else in the room with you? ·2· · · · A.· ·Yes. ·3· · · · Q.· ·Who else is in the room with you? ·4· · · · A.· ·Joyce Whittaker. ·5· · · · Q.· ·All right.· And is Ms. Whittaker participating ·6· ·in this deposition in any way? ·7· · · · A.· ·No. ·8· · · · Q.· ·Okay.· I notice that you have headphones on. ·9· ·Are you aware if she can hear what's being said by 09:09 10· ·either myself or Mr. Tapley or the court reporter or Mr. 11· ·Tunick right now? 12· · · · A.· ·She cannot. 13· · · · Q.· ·Okay.· Are you communicating with her in any 14· ·way through any messenger application, phone, chat, 15· ·anything like that? 16· · · · A.· ·No. 17· · · · Q.· ·All right.· And is she acting as an attorney 18· ·on your behalf or on behalf of Black Knight Vineyards in 19· ·this case? 09:10 20· · · · A.· ·She does have a role. 21· · · · Q.· ·And what's that role? 22· · · · A.· ·She has advised as an attorney.· She is an 23· ·attorney. 24· · · · Q.· ·Okay.· And she -- she's advising both you and 25· ·Black Knight Vineyards in this case as an attorney? YVer1f Litigation Services· |· 800-330-1112 www.litigationservices.com | The LIT Group 079F YVer1f MITCHELL BLACK, VOLUME II - 02/10/2023 Page 300 ·1· · · · A.· ·Correct. ·2· · · · Q.· ·Okay.· Any other roles that Ms. Whittaker has ·3· ·in this case that you're aware of? ·4· · · · A.· ·Her main role is to watch my health because I ·5· ·do have PTSD, and this is a scenario where it flares up ·6· ·pretty strongly at times.· So her main role is to make ·7· ·sure I'm doing okay. ·8· · · · Q.· ·Okay.· And on that, this is not intended to ·9· ·cause you any type of harm.· If you feel like you cannot 09:10 10· ·continue or it's not safe for any reason, please let us 11· ·know, okay? 12· · · · A.· ·I will, yes. 13· · · · Q.· ·Go ahead. 14· · · · A.· ·This type of thing could cause some high blood 15· ·pressure coming into it.· So I've medicated that.· I'm 16· ·fine right now.· But that's what I have to be aware of 17· ·so... 18· · · · Q.· ·I will trust that you can monitor that along 19· ·with Ms. Whittaker. 09:11 20· · · · A.· ·Yes. 21· · · · Q.· ·Does your medication affect your ability to 22· ·recall things? 23· · · · A.· ·No. 24· · · · Q.· ·Okay.· And when you take your medication, do 25· ·you feel intoxicated in any way? YVer1f Litigation Services· |· 800-330-1112 www.litigationservices.com | The LIT Group 079F YVer1f EXHIBIT E EXHIBIT F 1 HON. RENE AUGUSTE CHOUTEAU F' ! fl.,, c D SUPERIOR COURT OF CALIFORNIA JUDGE OF THE SUPERIOR COURT COUNTY OF SONOMA 2 Courtroom 18 3055 Cleveland Avenue APR - 6 2017 3 Santa Rosa, CA 95403 (707) 521-6730 L-"'--,(4-"-L