Preview
1 JEFFREY E. TSAI (SBN 226081)
jeff.tsai@us.dlapiper.com
2 KATHLEEN S. KIZER (SBN 246035)
kathy.kizer@us.dlapiper.com
3
EMILY ROSE MARGOLIS (SBN 324089)
4 emily.margolis@us.dlapiper.com
DLA PIPER LLP (US)
5 555 Mission Street, Suite 2400
San Francisco, California 94105-2933
6 Tel: 415.836.2500 | Fax: 415.836.2501
7 Attorneys for Defendants
CELESTE WHITE, DR. ROBERT WHITE and
8 THE VALLEY ROCK FOUNDATION
9
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 FOR THE COUNTY OF NAPA
12
13 LISA KEITH, an individual, CASE NO. 22CV001269
14 COMPENDIUM OF EVIDENCE IN
Plaintiff, SUPPORT OF MOTION FOR SUMMARY
15 JUDGMENT OR, IN THE ALTERNATIVE,
v. SUMMARY ADJUDICATION OF
16 DEFENDANTS VALLEY ROCK
CELESTE WHITE, an individual, ROBERT FOUNDATION, DR. ROBERT WHITE, AND
WHITE, an individual, the VALLEY ROCK
17 CELESTE WHITE AS TO PLAINTIFF LISA
FOUNDATION, aka THE BAR 49 KEITH’S FIRST AMENDED COMPLAINT
FOUNDATION, a charitable organization,
18 and DOES 1-50, INCLUSIVE,
19 Date: March 1, 2024
Defendants. Time: 8:30 a.m.
20 Judge: Scott R.L. Young
Dept.: B
21 Complaint Filed: October 25, 2022
Trial Date: April 2, 2024
22
23
24 Pursuant to California Code of Civil Procedure section 437c, and California Rules of Court
25 Rule 3.1350, Defendants Valley Rock Foundation (“Foundation”), Dr. Robert White (“Dr.
26 White”), and Celeste White submit this Compendium of Evidence in support of their Motion for
27 Summary Judgment or, in the Alternative, Summary Adjudication, as to the First Amended
28 Complaint for Damages (“FAC”) of Plaintiff Lisa Keith (“Plaintiff”).
DEFS’ COMPENDIUM OF EVIDENCE ISO MOTION FOR SUMMARY JUDGMENT OR ADJUDICATION
CASE NO. 22CV001269
1 TABLE OF CONTENTS
2 Page
3 DECLARATION OF SAM SINGER .......................................................................................... 3
4 Ex. 1. NVR Article. ................................................................................................................ 9
5 Ex. 2. Email re Start of PR Campaign. .................................................................................. 22
6 Ex. 3. Court Order in Trust Action. ................................................................................... 25
7 Ex. 4. First Draft Press Release. ............................................................................................ 29
8 Ex. 5. Revised Draft Press Release ........................................................................................ 31
9 DECLARATION OF DR. ROBERT WHITE .......................................................................... 35
10 Ex. 6. Petition........................................................................................................................ 42
11 Ex. 7. Settlement Agreement. .............................................................................................. 56
12 Ex. 8. Court Order. .............................................................................................................. 68
13 Ex. 9. First Draft Press Release. ............................................................................................ 72
14 Ex. 10. Revised Draft Press Release. ....................................................................................... 74
15 Ex. 11. Email compilation re PR campaign. ............................................................................ 78
16 DECLARATION OF CELESTE WHITE .............................................................................. 104
17 DECLARATION OF KATHLEEN S. KIZER....................................................................... 113
18 Ex. 12. Plaintiff’s Responses to Foundation’s Special Interrogatories ................................. 116
19 Ex. 13. Plaintiff’s Responses to Dr. Robert White’s Special Interrogatories ........................ 132
20 Ex. 14. Foundation’s Requests for Admissions (RFAs) ........................................................ 142
21 Ex. 15. Court Order Deeming Facts in RFAs Admitted ........................................................ 151
22 Ex. 16. Press Release issued in March 2021, FAC Ex. C...................................................... 162
23 Ex. 17. Press Release issued in August 2021, FAC Ex. D .................................................... 166
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DEFS’ COMPENDIUM OF EVIDENCE ISO MOTION FOR SUMMARY JUDGMENT OR ADJUDICATION
CASE NO. 22CV001269
1 JEFFREY E. TSAI (SBN 226081)
jeff.tsai@us.dlapiper.com
2 KATHLEEN S. KIZER (SBN 246035)
kathy.kizer@us.dlapiper.com
3
EMILY ROSE MARGOLIS (SBN 324089)
4 emily.margolis@us.dlapiper.com
DLA PIPER LLP (US)
5 555 Mission Street, Suite 2400
San Francisco, California 94105-2933
6 Tel: 415.836.2500 | Fax: 415.836.2501
7
Attorneys for Defendants
8 CELESTE WHITE, DR. ROBERT WHITE, and
THE VALLEY ROCK FOUNDATION
9
10
SUPERIOR COURT OF THE STATE OF CALIFORNIA
11
FOR THE COUNTY OF NAPA
12
13
LISA KEITH, an individual, CASE NO. 22CV001269
14
Plaintiff,
15 DECLARATION OF SAM SINGER
v.
16 Date:
CELESTE WHITE, an individual, ROBERT Time: 8:30 a.m.
17 WHITE, an individual, the VALLEY ROCK Judge: Hon. Scott R.L. Young
FOUNDATION, aka THE BAR 49 Dept.: B
18 FOUNDATION, a charitable organization,
and DOES 1-50, INCLUSIVE, Complaint Filed: October 25, 2022
19 FAC Filed: March 8, 2023
Defendants. Trial Date: April 4, 2024
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DECLARATION OF SAM SINGER
CASE NO. 22CV001269
Defs. MSJ Evid. p.003
1 I, Sam Singer, declare as follows:
2 1. I am the President of Singer Associates, Inc., a public relations firm in San
3 Francisco, California. I am frequently engaged by corporations and individuals to handle public
4 affairs, corporate communications, and crisis communications campaigns. I have extensive
5 experience in conducting successful digital and social media campaigns for corporations, elected
6 leaders, issue advocacy organizations, and others. I am a former newspaper journalist, editor, and
7 television reporter.
8 2. I submit this declaration at the request of counsel for Defendants Dr. Robert White,
9 Celeste White, and Valley Rock Foundation to explain the origin and purpose of the press releases
10 that I wrote and that I understand are the subject of a defamation lawsuit brought against them by
11 Lisa Keith. This declaration is based on my personal knowledge. If called to testify, I could and
12 would testify competently to the matters herein.
13 3. Dr. Robert White and Celeste White retained my firm, Singer Associates, Inc., in
14 February 2021 to create for them a public relations and social media campaign designed to
15 dislodge from search engine results a negative article published in the Napa Valley Register in
16 2018 (the “NVR Article”). Robert gave me a copy of the NVR Article so that I could create a
17 campaign to achieve that goal.
18 4. A true and correct copy of the NVR Article is attached hereto as Exhibit 1 and
19 incorporated herein by this reference.
20 5. The NVR Article described at length allegations made in a prior lawsuit brought by
21 Lisa Keith against Celeste and Robert. Robert and Celeste expressed to me that the NVR Article
22 was factually wrong, hurtful, and demeaning. It upset them that the article appeared at the top of
23 search results when anyone conducted a search of either of their names on Google. They asked me
24 to help them displace the NVR Article in search results, a process referred to as “search engine
25 optimization” or “SEO.”
26 6. To achieve search engine optimization for Robert and Celeste, I created a
27 comprehensive campaign to publish positive stories about them and the work and philanthropy
28 they do. These stories would over time populate the internet with positive references to their
-2-
DECLARATION OF SAM SINGER
CASE NO. 22CV001269
Defs. MSJ Evid. p.004
1 names and thereby crowd out the NVR Article and push it down in search engine results. This is a
2 common strategy in public relations and social media campaigns.
3 7. This campaign included multiple elements. One, I recommended that each of
4 Robert and Celeste create a social media presence for themselves and their various entities through
5 LinkedIn, Facebook, and Twitter. Two, I recommended that they create websites for their various
6 business and philanthropic endeavors. Three, I recommended that we issue press releases about
7 their various endeavors. Four, I recommended getting an article published in the North Bay
8 Business Journal that would report on the favorable results reflected in the Court Order resolving
9 the previous litigation that was the subject of the NVR Article.
10 8. Immediately after meeting with Robert and Celeste to discuss this proposed
11 campaign, Robert emailed me a summary of tasks to begin working on it. Attached hereto as
12 Exhibit 2, and incorporated herein by this reference, is a true and correct copy of an email I
13 received from Robert and my response thereto.
14 9. For this campaign, my associates and I helped Robert and Celeste create websites
15 and a social media presence. For instance, I created a twitter account in Celeste’s name from
16 which I issued nearly a hundred tweets using the handle @CKWhiteNapa, all for the purpose of
17 search engine optimization to dislodge the NVR Article. I also drafted and distributed through
18 various channels approximately two dozen press releases announcing various events involving
19 Robert and/or Celeste and promoting the Whites’ business and philanthropic endeavors, including
20 press releases about the Stitches Medical company, the Lux Forum, and Horse Rock Olive Oil.
21 These websites, social media pages, and press releases emphasized the names of “Dr. Robert
22 White” and “Celeste White” to help dislodge the NVR Article.
23 10. When the North Bay Business Journal declined to publish an article about the
24 resolution of the previous litigation brought by Lisa Keith against Robert and Celeste, I
25 recommended issuing a press release that described the Court’s approval of the Settlement
26 Agreement that resolved that lawsuit (“Court Order”).
27 11. Robert gave me a copy of the Court Order, a true and correct copy of which is
28 attached hereto as Exhibit 3 and incorporated herein by this reference.
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DECLARATION OF SAM SINGER
CASE NO. 22CV001269
Defs. MSJ Evid. p.005
1 12. I read the Court Order and, relying on it, drafted a press release that described
2 Celeste’s success in that litigation.
3 13. On February 23, 2021, I emailed my first draft of the press release to Robert and
4 Celeste. Attached hereto as Exhibit 4, and incorporated herein by this reference, is a true and
5 correct copy of my first draft of the press release.
6 14. Based on my review of the Court Order, I concluded that from a public news media
7 perspective, Celeste prevailed in that lawsuit because the Court Order exonerated Celeste of the
8 allegations described in the NVR Article. The Court Order showed the Court approved Celeste’s
9 accounting of her father’s estate and made no findings of wrongdoing or misconduct, and I drafted
10 the press released based on that perspective. It was noteworthy to me that the Court Order stated
11 that “All facts stated in the Petition [for Approval of Agreement and Approval and Settlement of
12 Accounts submitted by Celeste] are true.” As a longtime journalist and public relations expert, I
13 understood the positive significance of the Court Order for Celeste and Robert, particularly in light
14 of the NVR Article that contained negative accusations about their handling of Celeste’s father’s
15 estate, and I drafted the press release as a reflection of that positive outcome.
16 15. As a former journalist and longtime public relations consultant well-versed in First
17 Amendment and defamation concerns, I do not believe the press release I drafted and ultimately
18 published disparages Lisa Keith in any way. Certainly, I never intended for the press release to
19 disparage her or anyone else. Nor did Robert or Celeste ever communicate to me a desire to
20 disparage or criticize Lisa Keith. Indeed, I never heard Robert or Celeste say an unkind word
21 about Lisa Keith. Instead, they complained about the NVR Article, which they viewed as hurtful
22 and factually wrong. The press release I drafted was intended solely to portray Celeste in a
23 positive light and provide a different perspective than the NVR Article, and ultimately dislodge
24 that article from search engine results and undo any damage it may have caused.
25 16. Shortly after I sent my draft press release to Robert, I received an email from
26 Robert attaching a redlined revision of it. Attached hereto as Exhibit 5, and incorporated herein by
27 this reference, is a true and correct copy of that redlined draft of my press release.
28
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DECLARATION OF SAM SINGER
CASE NO. 22CV001269
Defs. MSJ Evid. p.006
1 17. The only reference to Lisa Keith in my press release was based on statements made
2 in the NVR Article, including a comment from her attorney. Here’s what I drafted:
3 White's half-sister Lisa Keith, one of her four siblings, later attempted to cla im that White had not
properly carried out her duties as co-trustee, particularly regarding the management of the foundation .
4 In 2017, another judge ruled Lisa Keith had no standing regarding the foundation, yet despite that she
persisted in her other claims and demanding White account for the funds.
5
6 (See Ex. 4.) By comparison, the NVR Article included the following:
7
The allegations
8
In court documents Lisa Keith alleges that the Whites made questionable
9 decisions regarding the money from their father's estate.
10 Back and forth in court
11 A recent ruling in Napa County Superior Court dealt a blow to Lisa Keith 's case.
At the end of 2017, Judge Rodney Stone ruled that she had no standing to ask for
12 an accounting of foundation funds because she is not a director or beneficiary of
the fo undation .
13
However, because Lisa Keith is a beneficiary of d1e trust , she continues to pursue
14 litigation and ask for an accounting of Ed Keith's trust funds , said Dominic
Campisi, a San Francisco attorney representing her.
15
16 (See Ex. 1.) Robert’s revision to that paragraph was also consistent the NVR Article:
17
IWhite's -ha-If.sister Lisa Keith, one of her four siblings, later attempted to claim that White had not
18 properly carried out her duties as co-trustee, particularly regarding the management of the foundation.
In 2017, another judgeJ udge Rodney Stone ruled Lisa Keith had no standing regarding the foundation _
19 and the foundation claims were struck from the lawsuit. 1 However, yet despite that loss, Lisa Keithshe
persisted in her other claims and demanded t hatmg White create a probate accountl!}g of the Trustfor-
20 tlte funds.
21 (See Ex. 5.) And the final published version of my press release was the same:
22 White's sister Lisa Keith, one of her four siblings, later attempted to claim that White had not
properly carried out her duties as co-trustee, particularly regarding the management of the
23 foundation. In 2017, Judge Rodney Stone ruled Lisa Keith had no standing regarding the
foundation and the foundation claims were struck from the lawsuit. However, despite that loss, Lisa
24 Keith persisted in her other claims and demanded that Celeste White create a probate accounting
of the Trust.
25
26 18. Since the comments about Lisa Keith in my press release merely repeated what was
27 said in the NVR Article, including a comment attributed to her attorney, the description was
28 neither disparaging of Keith nor in any way controversial. It never occurred to me that anyone
-5-
DECLARATION OF SAM SINGER
CASE NO. 22CV001269
Defs. MSJ Evid. p.007
1 would view a positive characterization of the outcome of the lawsuit for Celeste as disparaging or
2 critical of Lisa Keith. The favorable characterizations reflected the fact that the Court did not find
3 any misconduct in Celeste’s management of her father’s estate.
4 19. I did not receive any comments from Celeste about the press release. In fact, nearly
5 all of my communications about the communications campaign were with Robert.
6 20. On March 15, 2021, I sent the press release to PR Newswire, one of the two major
7 paid wire services (the other is Business Wire) which has access to computer terminals at all the
8 major news organizations. Dissemination of the press release on PR Newswire was important for
9 search engine optimization as getting it into databanks would help push down the NVR Article
10 from internet search results.
11 21. In August 2021, I sought to capitalize on the first anniversary of the Court Order
12 approving the settlement in the previous litigation by re-issuing the press release. For this purpose,
13 I added “Dr. Robert White” to the press release to aid SEO efforts on his name. Otherwise, the
14 August 2021 press release was the same as my first press release published in March 2021.
15 22. Over time, the press and social media campaign has succeeded in driving down the
16 NVR Article from search results of Robert’s and Celeste’s names.
17 I declare under penalty of perjury under the laws of the State of California that the
18 foregoing is true and correct. Executed on December 11, 2023, at San Francisco, California.
19
20
Sam Singer
21
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DECLARATION OF SAM SINGER
CASE NO. 22CV001269
Defs. MSJ Evid. p.008
EXHIBIT 1
Defs. MSJ Evid. p.009
http://napavalleyregister.com/news/local/wealthy-napa-businessman-s-heirs-seek-answers-about-million-estate/article_73dafef9-
4465-5a18-860f-52389f9ac239.html
FEATURED
Litigation
Wealthy Napa businessman's heirs seek answers about $92
million estate
JENNIFER HUFFMAN jhuffman@napanews.com 56 min ago
Defs. MSJ Evid. p.010
of former Napan Ed Keith are embroiled in a lawsuit over their later father's estate. Keith was worth some $92 million when he died in 2006. This photo shows Keith with his five children at th
ley part of Napa County.
A family dispute is playing out in Napa Superior Court between two daughters of
Ed Keith, a Napa landlord, vintner and businessman, over what happened to their
father’s $92 million estate, including some $38 million earmarked for a
foundation intended to benefit disadvantaged youth.
Defs. MSJ Evid. p.011
In 2016, a decade after Keith died, Lisa Keith filed suit to compel her sister,
Celeste K. White, to provide a full accounting of millions of dollars that White
controlled as co-trustee of the Ed Keith estate.
In court documents, Lisa Keith questions the propriety of a variety of financial
decisions made by Celeste White, including $15 million invested in a for-profit
real estate company, the purchase of a $2.4 million condo in Santa Barbara, the
acquisition of a Land Rover for a Chiles Valley winery and the construction of a
stable for their polo ponies.
After more than a year of back and forth court filings, court records for the case
now total more than 2,000 pages.
Lisa Keith, who lives in Woodside, is one of Ed Keith’s five children from two
marriages. Her sister, Celeste White, lives in Napa with her husband, Dr. Robert
White, a surgeon who was named the executor of Ed Keith’s estate.
Keith's multi-million-dollar estate
Ed Keith was a self-made businessman.
In addition to owning more than 500
apartment units in Napa, he once owned
the former Parkway Plaza/Mervyns
property in downtown Napa, Lincoln
Square on Lincoln Avenue, the
Migliavacca Mansion on Fourth Street,
Brenden Theaters in Vacaville and
Modesto, and Catacula Lake Winery in
Chiles Valley, among other holdings.
Ed Keith. Keith's five children are caught
up in a dispute over his estate which was
The 1,025-acre winery property was
worth some $92 million. Keith died in acquired by Keith in the 1960s and
2006.
operated as the Bar 49 summer camp for
Submitted image
girls and boys until 1977, according to
White and the winery website.
Defs. MSJ Evid. p.012
As an apartment landlord, Keith sometimes found himself at odds with both
tenants and the city of Napa over property upkeep and code violations. In 2000,
the city sued Keith as a “public nuisance.” A group of tenants also sued Keith
over conditions, resulting in a $2 million settlement. Keith eventually sold off his
apartments.
Defs. MSJ Evid. p.013
The allegations
In court documents Lisa Keith alleges that the Whites made questionable
decisions regarding the money from their father’s estate.
Defs. MSJ Evid. p.014
The suit questions whether Ed Keith's estate was properly divided between the
nonprofit foundation and the Keith children.
She asserts that her sister failed to fully fund her father’s foundation in a timely
manner, mixed the estate’s charitable assets with taxable assets, failed to provide
an accounting of the trust and used trust money for personal benefit.
Lisa Keith believes that an estimated $1.8 million in trustee fees paid to Celeste
White should be refunded to the trust.
White's action's were improper and "violated her duty to avoid conflicts of
interest,” the suit contends.
A sister's defense
In court papers, Celeste White's attorneys said White “vigorously disputes” her
sister’s contentions and denies any wrongdoing.
According to White's court filings, her sister’s allegations “simply are not true.”
According to Celeste White, at a 2010 meeting, the five siblings signed off on
documents that represented the “final accounting” of their father's trust.
"Celeste White is deeply saddened that her sister has elected to pursue litigation
relating to the estate of their father,” Bill Coyne, her personal attorney who
practices in St. Helena, wrote in an email.
This lawsuit is Lisa Keith’s attempt to get more money “beyond the millions of
dollars she has already received from her father’s estate,” Coyne said.
Celeste and Robert White “have faithfully exercised their duties in accordance
with the wishes expressed by Mr. Keith,” wrote Coyne. “(Celeste) White is
confident the court will rule in her favor."
! Download PDF
Defs. MSJ Evid. p.015
Back and forth in court
A recent ruling in Napa County Superior Court dealt a blow to Lisa Keith’s case.
At the end of 2017, Judge Rodney Stone ruled that she had no standing to ask for
an accounting of foundation funds because she is not a director or beneficiary of
Defs. MSJ Evid. p.016
the foundation.
However, because Lisa Keith is a beneficiary of the trust, she continues to pursue
litigation and ask for an accounting of Ed Keith's trust funds, said Dominic
Campisi, a San Francisco attorney representing her.
The case has drawn the attention of the state Attorney General office. Deputy
Attorney General Christopher Lamerdin has asked for copies of all future court
filings to be sent to his office.
The Attorney General's office would not comment on this case. However,
according to the California Attorney General’s “Guide for Charities,” the
Attorney General protects charitable gifts and the public beneficiaries’ interests in
charitable trusts. The Attorney General may also audit the trust and hold the
trustee personally liable for any breaches of a fiduciary duty that lead to the
misuse or loss of charitable assets.
The Attorney General's interest validates his client's case, said Campisi. When the
Attorney General decides to get involved "that indicates this isn't some grudge
match involving the kids," said Campisi. A foundation worth $38 million"is not
some small thing."
Coyne said that the Attorney General's interest in this case is just "standard
course."
Campisi "just wants to draw in as many parties as possible," said Coyne. "He
wants to exaggerate the case so that it seems bigger than it really is," he said.
"That's Mr. Campisi's litigation style."
Ed Keith’s many millions
Upon Ed Keith's death, a number of early distributions dictated by Keith’s trust
were made, including $1 million to each of his five children, $2 million to his 12
grandchildren and $10 million to the Catacula Lake Winery. This whittled his
estate down to $76 million.
According Keith’s trust, half of that – $38 million -- was to be placed in the
Edward A. Keith Foundation, which was created to provide financial and other
assistance to disadvantaged youth or children "otherwise in need."
The other $38 million was to be divided equally among Keith’s five children.
After mortgages and other debts were paid, plus some $20 million in estate taxes,
a total of $9.2 million was left to be split among the five siblings.
Questions arise
Defs. MSJ Evid. p.017
Several years ago, Lisa Keith began to investigate what happened to her father’s
foundation. According to court documents, she found several facts that led her to
become concerned.
From 2011 to 2014, Celeste White reportedly paid herself and her husband more
than $300,000 annually from the foundation, according to court documents.
In addition, $15 million from the foundation was invested in Veritas Refuge LLC,
a for-profit real estate investment company managed by Celeste White, according
to records. Of that $15 million, $2.4 million was used to buy a condo in Santa
Barbara.
“How could this be a prudent investment for a charitable foundation?” Campisi
asked.
Celeste White’s attorneys defended her administration. The estate’s holdings were
in “total disarray and had been severely mismanaged” in the years leading up to
Keith’s death.
Celeste White has spent “hundreds of hours of work and incalculable amounts of
energy and stress … administering such a complicated and large trust,” they wrote
in court filings.
White’s attorneys said administration fees charged to operate foundation were not
out of the ordinary.
In 2008, White reportedly used foundation funds to build an 8,000-square-foot
building on their estate property in Napa County including a stable “for their
string of polo ponies,” garage for horse trailer and stable house.
Lisa Keith believes the foundation was “shortchanged to support Celeste and her
husband’s lifestyle,” according to court documents.
Celeste White’s attorneys have an explanation.
The Land Rover was bought because it is a four-wheel vehicle that could be used
to drive the trust’s winery property, Catacula Lake Winery, located at 4105 Chiles
Pope Valley Road.
Such a vehicle had to be “sufficiently upscale” to use for winery business, such as
giving tours to prospective purchasers and commuting to various trust properties
around Northern and Central California, attorneys wrote.
The winery was sold in 2014 and is now called the Napa Chiles Valley Winery.
It’s owned by Qinghai Huzhu Barley Wine Co., Ltd. in Haidong in China.
Defs. MSJ Evid. p.018
The profits from Veritas Refuge LLC, real estate investment company, were
funneled back into the foundation, the family maintains.
Removed from the foundation
Lisa Keith claims that after her father's death Celeste White had Lisa Keith and
her other siblings removed as directors of the foundation -- leaving just Celeste
White and her husband Robert in charge of the foundation. Lisa Keith also claims
the foundation then dropped any requirement that it benefit disadvantaged youth
or children in need.
White’s attorneys said Ed Keith removed Lisa Keith’s name as a director of the
Foundation before he died.
Lisa Keith had a “poor relationship” with her father, claim White's attorneys.
Lisa Keith “is deeply dissatisfied with decisions her father made during his
lifetime,” including making Celeste co-trustee of the trust and removing (Lisa)
Keith, but not Celeste, from the board of the Foundation,” they contend.
Before his death, "Mr. Keith established the purpose of the foundation to be
broader, and help anyone in need, and the directors have been true to that," said
Coyne.
Who got Keith’s money?
According to court documents, the Edward Keith Foundation, later known as the
Bar 49 Foundation and Valley Rock Foundation, distributed a total of $38 million.
Some local charities received money, including the Napa Valley Opera House,
Napa Emergency Women’s Shelter (now NEWS), St. John’s Lutheran Church,
Queen of the Valley Foundation, Nimbus Arts, Ag for Youth, Grace Church of
Napa Valley, the Salvation Army and the Soda Canyon Fire Department.
Westmont College, a Christian liberal arts college in Montecito near Santa
Barbara and Celeste White’s alma mater, received more than $1.3 million. The
National Christian Foundation of Alpharetta, Georgia, received $5 million.
Defs. MSJ Evid. p.019
Lisa Keith believes that if her father was alive, he would not have chosen to
support some of those charities, said Campisi.
“Ed thought he was going to spend his money on assisting people and programs
for troubled and disadvantaged youth,” he said.
The Ed Keith legacy
At the time of Keith’s death, Robert White described the family as “very close.”
“They hope to continue the good work he has done in the valley with conservation
and Boys & Girls Club activities, and focus on his dream of improving the lives
of young people here,” said Robert White.
As of 2017, Celeste White was the only sibling that still used a Napa address.
Darlene Keith lived in San Francisco, David Keith in Sutter Creek, Richard Keith
in Petaluma and Lisa Keith in Woodside.
Darlene Keith and David Keith could not be immediately reached to comment on
this story. Robert White declined to comment on the litigation.
Reached by phone at his home in Sonoma County, Richard Keith described the
case as “a sad situation.” “I’d like to see all the truth come out,” he said.
“Unfortunately, I don’t know if that’s going to work or not.”
He’s not sure what happened with the trust and foundation. However, “What I
can’t believe is that my father would ever put one person,” alone, in charge of his
trust or foundation, Richard Keith said.
“And I know he’d like to see the money going towards children like the Boys and
Girls Club rather than a host of other charitable groups that have nothing to do
with” helping underprivileged children, he said.
“Plus, he didn’t want anyone to get paid” for working on the foundation board,
Richard Keith said.
If there is one thing the family can agree on it’s that Ed Keith would not have
wanted a fight over his estate.
“He’d be horrified,” said Robert White.
“He’d be upset,” said Richard Keith.
A status conference set for March 28.
MORE INFORMATION
Who got Ed Keith’s money?
Defs. MSJ Evid. p.020
Maxville Lake Winery reopens Chiles Valley facility
Tags Ed Keith Napa David Keith Napa County Richard B. Keith Robert White Darlene Keith Lisa Keith
Edward A. Keith Foundation Celeste K. White Bar 49 Foundation Veritas Refuge Llc Keith Foundation
Napa County Superior Court St. John’s Lutheran Church Boys & Girls Club Catacula Lake Winery Bill Coyne Judge
Valley Rock Foundation Chiles Valley Napa Valley Opera House Westmont College Dom Campisi
Edward Keith Foundation Northern California Migliavacca Mansion Lincoln Square Napa Estate Lawsuit Napa Landlord
Edward A. Keith Napa Winery Napa Nonprofit Law Civil Law Attorney Celeste White Suit Dominic Campisi
Jennifer Huffman
Business Editor
Jennifer Huffman is the business editor and a general assignment reporter for the Napa Valley Register. I
cover a wide variety of topics for the newspaper. I've been with the Register since 2005.
Defs. MSJ Evid. p.021
EXHIBIT 2
Defs. MSJ Evid. p.022
•
From: Sam Singer singer@singersf.com
Subject: RE: Blog articles
Date: February 19, 2021 at 3:44 PM
To: Robert White polorw@icloud.com, Amber Eilert amber@kemvoodinvestments.com
Cc: Celeste White vistafarm@icloud .com
Robert, it was a pleasure speaking w ith you and Celeste. Our conversation was very helpful to
Amber and me. Thanks again for your time and the summary here. Best, Sam
From: Robert White [mailto:polorw@icloud.com]
Sent: Friday, February 19, 202112:53 PM
To: Sam Singer ; Amber Eilert
Cc: Celeste White
Subject: Blog articles
Hi Sam and Amber,
Thanks for your feed back today. Here are a few items to get started.
Sam will get the article written about Celeste being exonerated by the Napa Court.
Celeste will work w ith Amber on developing the Horse Rock Olive Oil website (and aJso
we could consider Horse Rock Farms to increase the diversity of topics if needed). Celeste
wiU also work with Amber on the Lux Forum website. Both sites will need content as the
work progresses.
Robe1i will work with Amber on the DoctorRobertWhite.com website for photos and work
with Sam on content. I have attached draft information for blog article topics for the start of
this content (labelled New Blogs) Other ideas for my website:
- Press release on lectures I give (for example lam giving a "Leadership lecture" to
Westmont College students on Thursday 4/8/21. If it would help I can ask Westmont
College to release some information to link to).
Robert will work with Sam or Amber to enhance my Linkedln site and the Stitches Medical
Linkedln site. My initial questions about linkedin are are follows:
- Do the privacy setting affect the visibility, and if so what settings do you recommend?
- How do I post articles or write articles for linked in?
- Is there an advantage to accepting collllections or increasing the number of my
connections? (that would be easy to do).
We also have the StitchesMedical.com website and the blogs listed are typically with me but
show that they are «by Collin White" so we can change that if it will increase links.
httns ://sti tchesmedical. com/blogs/news
Stitches Medical website also, as another example, represents a Virginia based hospital linen
supply company here in California. That is a new relationship and perhaps an article could
have me announce, "Dr. Robe1i White allllounces that Stitches Medical is now the
representative for Cupron copper antimicrobial hospital bed linens." https://cupron.com
Defs. MSJ Evid. p.023
VRF0000145
There are 6 attachments of "partially" written blog articles that I have been working on and
that I hope Sam can finish up for me. These could go on everything from Stitches Medical
website to my new website to linkedin. Please let me know what you think.
Thanks,
Robert
Defs. MSJ Evid. p.024
VRF0000146
EXHIBIT 3
Defs. MSJ Evid. p.025
28-36111
.,.le 8/18/2020 Nepa - Probate Md Mental Health
SHARTSIS FRIESE LLP
2
JOHN J. STEJN (Bar #253777)
ROEY Z. RAHMIL (Bar #273803)
One Maritime Plaza, Eighteenth Floor
FILED
3 San Francisco, .CA 941 I 1-3598 AUS 20 2020
Telephone: (415) 421-6500
4 Facsimile: (415) 421-2922
Email: jstein@sflaw.com ~~a~p~CM
5 Email: rrahmil@sflaw.com
6
Attorneys for
7 CELESTE WHITE
8 SUPERIOR COURT OF TIIE STATE OF CALI.FORNIA
9 COUNTY OF NAPA
10 In Re Comp~e Amendment and Restated CaseN~ll
Edward A. Keith Declaration ofTrust, executed
]I August 16, 2002, as amended February 1o. { M O ~ ORDER GRANTING
., 2006, PETITION FOR APPROVAL OF
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12 AGREEMENT AND APPROVAL AND
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Date; August 5, 202-0
~~I~8 14 Time: 8:30 A.M.
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Case No. 26-36111 ORDER GRANTING PEIT. FOR APPROVAL OF AORE£MENT
AND APPROVAL AND SETTLEMENT OF ACCOUNTINGS
Defs. MSJ Evid. p.026
The Petition for Approval of Agreement and Approval and Settlement of Accountings
2 (the "Petition") of Celeste K. White ("Celeste") came on regularly for hearing on August 5,
3 2020, at 8:30 A.M., in Department B of the above.captioned Court, before the Honorable
4 Monique Langhorne. John J. Stein of Shartsis Friese LLP appeared on behalf of Celeste White.
5 Nancy M. Levin of Evans, Latham & Campisi P.C. appeared on behalf of Lisa Keith. The
6 Attorney General of the State of California did not make an appearance but did submit a
7 Statement ofNon~Opposition in advance ofthe hearing on or around July 9, 2020.
8 After reviewing the filings, pleadings, and papers in this matter and upon argument of
9 counsel and the record in this action, and good cause appearing therefore, the Court finds and
l O concludes as follows:
11 I. The Petition is GRANTED in its entirety.
12 2. All facts stated in the Petition are true, and all notices required by law have been
13 given.
14 3. The Agreement by and between Celeste and Robert White, on the one hand, and
15 -Li~ Keith, Darlene A. Keith, David S. Keith, Roxnnne Keith, Richard B. Keith, and the Valley
16 Rock Foundation. on the other hand, that was submitted as Exhibit A to the Petition (the
I 7 •'Agreement") is (a) fair, just, reasonable, lawful, and in the best interests of the trust reflected in
18 the Complete Amendment and Restated Edward A. Keith Declaration of Trust e..xccuted August
19 16, 2002, as amended February 10, 2006, said trust also being known as the Edward A. Keith
20 Irrevocable Trust (the "Trust''), and the beneficiaries thereof and (b) is approved. The Court
21 directs and authorizes the Agn:cment's implementation in accordance with each ofits terms.
22 4. In connection with the Petition, Celeste submitted for the Court's review and
23 consideration accountings for the Trust that collectively covered the period of September l 5,
24 2006 through January 15, 2013. All oftbe accountings submitted by Celeste in connection with
25 the Petition are settled, allowed, approved, and all acts and transactions of Celeste set forth. or
26 relating to the matters set forth, therel'!l are ratified, confirmed, and approved.
27
28
CilSe No. 26-3611 I
AND APPROVAL /,.ND SETil.EMENT OF ACCOUNTIN S
Defs. MSJ Evid. p.027
5. The C"ourt hereby retains juriscUction for aJl purposes pertaining to the execution
2 and perf-onnance of the terms. conditions, and Qbligati,ms in the Agreement pursuant to Code .o f
...,J
Civil Procedure Section 664.6.
4 ITlS SO ORDERED.
5 Dated: August~ 2020
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Case No. 26-3611 l
Defs. MSJ Evid. p.028
EXHIBIT 4
Defs. MSJ Evid. p.029
DRAFT 1
Contact:
Sam Singer
singer@singersf.com
Cell: 415.336.4949
Celeste K. White Prevails in Estate Case of Late Father
Prominent Napa Valley Businessman Ed Keith
Judge declares White’s accounting and investments of the proceeds of Ed Keith’s estate were
entirely proper; final order issued in case in favor of Celeste K. White
Napa, Calif.—A Napa County judge has ruled that Celeste K. White acted entirely properly handling the
estate of her wealthy father, which had been the subject of a long-running wine country lawsuit.
In a final court order in the case, signed by Superior Court Judge Victoria Wood, the court ruled that “all
of the accountings (by Celeste White)...are settled, allowed, approved and all acts and transactions…are
ratified, confirmed and approved.” The order, entered last August 20, 2020 exonerated White and
ended the litigation
Celeste Keith White had been named co-trustee of the estate of her late father, Ed Keith, after his death
in 2006. Mr. Keith had long been a fixture in Napa, with many investments in commercial and residential
real estate and a winery property. He left a fortune valued at $92 million, and gave White the
responsibility for managing a large portion of a very complex estate, including establishing a charitable
foundation. White’s husband, Dr. Robert White, was named executor of the estate.
White’s half-sister Lisa Keith, one of her four siblings, later attempted to claim that White had not
properly carried out her duties as co-trustee, particularly regarding the management of the foundation.
In 2017, another judge ruled Lisa Keith had no standing regarding the foundation, yet despite that she
persisted in her other claims and demanding White account for the funds.
White provided a full accounting of her management of the estate, and after a full examination, the
court found no evidence of those c
Preview
1 JEFFREY E. TSAI (SBN 226081) jeff.tsai@us.dlapiper.com 2 KATHLEEN S. KIZER (SBN 246035) kathy.kizer@us.dlapiper.com 3 EMILY ROSE MARGOLIS (SBN 324089) 4 emily.margolis@us.dlapiper.com DLA PIPER LLP (US) 5 555 Mission Street, Suite 2400 San Francisco, California 94105-2933 6 Tel: 415.836.2500 | Fax: 415.836.2501 7 Attorneys for Defendants CELESTE WHITE, DR. ROBERT WHITE and 8 THE VALLEY ROCK FOUNDATION 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 FOR THE COUNTY OF NAPA 12 13 LISA KEITH, an individual, CASE NO. 22CV001269 14 COMPENDIUM OF EVIDENCE IN Plaintiff, SUPPORT OF MOTION FOR SUMMARY 15 JUDGMENT OR, IN THE ALTERNATIVE, v. SUMMARY ADJUDICATION OF 16 DEFENDANTS VALLEY ROCK CELESTE WHITE, an individual, ROBERT FOUNDATION, DR. ROBERT WHITE, AND WHITE, an individual, the VALLEY ROCK 17 CELESTE WHITE AS TO PLAINTIFF LISA FOUNDATION, aka THE BAR 49 KEITH’S FIRST AMENDED COMPLAINT FOUNDATION, a charitable organization, 18 and DOES 1-50, INCLUSIVE, 19 Date: March 1, 2024 Defendants. Time: 8:30 a.m. 20 Judge: Scott R.L. Young Dept.: B 21 Complaint Filed: October 25, 2022 Trial Date: April 2, 2024 22 23 24 Pursuant to California Code of Civil Procedure section 437c, and California Rules of Court 25 Rule 3.1350, Defendants Valley Rock Foundation (“Foundation”), Dr. Robert White (“Dr. 26 White”), and Celeste White submit this Compendium of Evidence in support of their Motion for 27 Summary Judgment or, in the Alternative, Summary Adjudication, as to the First Amended 28 Complaint for Damages (“FAC”) of Plaintiff Lisa Keith (“Plaintiff”). DEFS’ COMPENDIUM OF EVIDENCE ISO MOTION FOR SUMMARY JUDGMENT OR ADJUDICATION CASE NO. 22CV001269 1 TABLE OF CONTENTS 2 Page 3 DECLARATION OF SAM SINGER .......................................................................................... 3 4 Ex. 1. NVR Article. ................................................................................................................ 9 5 Ex. 2. Email re Start of PR Campaign. .................................................................................. 22 6 Ex. 3. Court Order in Trust Action. ................................................................................... 25 7 Ex. 4. First Draft Press Release. ............................................................................................ 29 8 Ex. 5. Revised Draft Press Release ........................................................................................ 31 9 DECLARATION OF DR. ROBERT WHITE .......................................................................... 35 10 Ex. 6. Petition........................................................................................................................ 42 11 Ex. 7. Settlement Agreement. .............................................................................................. 56 12 Ex. 8. Court Order. .............................................................................................................. 68 13 Ex. 9. First Draft Press Release. ............................................................................................ 72 14 Ex. 10. Revised Draft Press Release. ....................................................................................... 74 15 Ex. 11. Email compilation re PR campaign. ............................................................................ 78 16 DECLARATION OF CELESTE WHITE .............................................................................. 104 17 DECLARATION OF KATHLEEN S. KIZER....................................................................... 113 18 Ex. 12. Plaintiff’s Responses to Foundation’s Special Interrogatories ................................. 116 19 Ex. 13. Plaintiff’s Responses to Dr. Robert White’s Special Interrogatories ........................ 132 20 Ex. 14. Foundation’s Requests for Admissions (RFAs) ........................................................ 142 21 Ex. 15. Court Order Deeming Facts in RFAs Admitted ........................................................ 151 22 Ex. 16. Press Release issued in March 2021, FAC Ex. C...................................................... 162 23 Ex. 17. Press Release issued in August 2021, FAC Ex. D .................................................... 166 24 25 26 27 28 -2- DEFS’ COMPENDIUM OF EVIDENCE ISO MOTION FOR SUMMARY JUDGMENT OR ADJUDICATION CASE NO. 22CV001269 1 JEFFREY E. TSAI (SBN 226081) jeff.tsai@us.dlapiper.com 2 KATHLEEN S. KIZER (SBN 246035) kathy.kizer@us.dlapiper.com 3 EMILY ROSE MARGOLIS (SBN 324089) 4 emily.margolis@us.dlapiper.com DLA PIPER LLP (US) 5 555 Mission Street, Suite 2400 San Francisco, California 94105-2933 6 Tel: 415.836.2500 | Fax: 415.836.2501 7 Attorneys for Defendants 8 CELESTE WHITE, DR. ROBERT WHITE, and THE VALLEY ROCK FOUNDATION 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 FOR THE COUNTY OF NAPA 12 13 LISA KEITH, an individual, CASE NO. 22CV001269 14 Plaintiff, 15 DECLARATION OF SAM SINGER v. 16 Date: CELESTE WHITE, an individual, ROBERT Time: 8:30 a.m. 17 WHITE, an individual, the VALLEY ROCK Judge: Hon. Scott R.L. Young FOUNDATION, aka THE BAR 49 Dept.: B 18 FOUNDATION, a charitable organization, and DOES 1-50, INCLUSIVE, Complaint Filed: October 25, 2022 19 FAC Filed: March 8, 2023 Defendants. Trial Date: April 4, 2024 20 21 22 23 24 25 26 27 28 -1- DECLARATION OF SAM SINGER CASE NO. 22CV001269 Defs. MSJ Evid. p.003 1 I, Sam Singer, declare as follows: 2 1. I am the President of Singer Associates, Inc., a public relations firm in San 3 Francisco, California. I am frequently engaged by corporations and individuals to handle public 4 affairs, corporate communications, and crisis communications campaigns. I have extensive 5 experience in conducting successful digital and social media campaigns for corporations, elected 6 leaders, issue advocacy organizations, and others. I am a former newspaper journalist, editor, and 7 television reporter. 8 2. I submit this declaration at the request of counsel for Defendants Dr. Robert White, 9 Celeste White, and Valley Rock Foundation to explain the origin and purpose of the press releases 10 that I wrote and that I understand are the subject of a defamation lawsuit brought against them by 11 Lisa Keith. This declaration is based on my personal knowledge. If called to testify, I could and 12 would testify competently to the matters herein. 13 3. Dr. Robert White and Celeste White retained my firm, Singer Associates, Inc., in 14 February 2021 to create for them a public relations and social media campaign designed to 15 dislodge from search engine results a negative article published in the Napa Valley Register in 16 2018 (the “NVR Article”). Robert gave me a copy of the NVR Article so that I could create a 17 campaign to achieve that goal. 18 4. A true and correct copy of the NVR Article is attached hereto as Exhibit 1 and 19 incorporated herein by this reference. 20 5. The NVR Article described at length allegations made in a prior lawsuit brought by 21 Lisa Keith against Celeste and Robert. Robert and Celeste expressed to me that the NVR Article 22 was factually wrong, hurtful, and demeaning. It upset them that the article appeared at the top of 23 search results when anyone conducted a search of either of their names on Google. They asked me 24 to help them displace the NVR Article in search results, a process referred to as “search engine 25 optimization” or “SEO.” 26 6. To achieve search engine optimization for Robert and Celeste, I created a 27 comprehensive campaign to publish positive stories about them and the work and philanthropy 28 they do. These stories would over time populate the internet with positive references to their -2- DECLARATION OF SAM SINGER CASE NO. 22CV001269 Defs. MSJ Evid. p.004 1 names and thereby crowd out the NVR Article and push it down in search engine results. This is a 2 common strategy in public relations and social media campaigns. 3 7. This campaign included multiple elements. One, I recommended that each of 4 Robert and Celeste create a social media presence for themselves and their various entities through 5 LinkedIn, Facebook, and Twitter. Two, I recommended that they create websites for their various 6 business and philanthropic endeavors. Three, I recommended that we issue press releases about 7 their various endeavors. Four, I recommended getting an article published in the North Bay 8 Business Journal that would report on the favorable results reflected in the Court Order resolving 9 the previous litigation that was the subject of the NVR Article. 10 8. Immediately after meeting with Robert and Celeste to discuss this proposed 11 campaign, Robert emailed me a summary of tasks to begin working on it. Attached hereto as 12 Exhibit 2, and incorporated herein by this reference, is a true and correct copy of an email I 13 received from Robert and my response thereto. 14 9. For this campaign, my associates and I helped Robert and Celeste create websites 15 and a social media presence. For instance, I created a twitter account in Celeste’s name from 16 which I issued nearly a hundred tweets using the handle @CKWhiteNapa, all for the purpose of 17 search engine optimization to dislodge the NVR Article. I also drafted and distributed through 18 various channels approximately two dozen press releases announcing various events involving 19 Robert and/or Celeste and promoting the Whites’ business and philanthropic endeavors, including 20 press releases about the Stitches Medical company, the Lux Forum, and Horse Rock Olive Oil. 21 These websites, social media pages, and press releases emphasized the names of “Dr. Robert 22 White” and “Celeste White” to help dislodge the NVR Article. 23 10. When the North Bay Business Journal declined to publish an article about the 24 resolution of the previous litigation brought by Lisa Keith against Robert and Celeste, I 25 recommended issuing a press release that described the Court’s approval of the Settlement 26 Agreement that resolved that lawsuit (“Court Order”). 27 11. Robert gave me a copy of the Court Order, a true and correct copy of which is 28 attached hereto as Exhibit 3 and incorporated herein by this reference. -3- DECLARATION OF SAM SINGER CASE NO. 22CV001269 Defs. MSJ Evid. p.005 1 12. I read the Court Order and, relying on it, drafted a press release that described 2 Celeste’s success in that litigation. 3 13. On February 23, 2021, I emailed my first draft of the press release to Robert and 4 Celeste. Attached hereto as Exhibit 4, and incorporated herein by this reference, is a true and 5 correct copy of my first draft of the press release. 6 14. Based on my review of the Court Order, I concluded that from a public news media 7 perspective, Celeste prevailed in that lawsuit because the Court Order exonerated Celeste of the 8 allegations described in the NVR Article. The Court Order showed the Court approved Celeste’s 9 accounting of her father’s estate and made no findings of wrongdoing or misconduct, and I drafted 10 the press released based on that perspective. It was noteworthy to me that the Court Order stated 11 that “All facts stated in the Petition [for Approval of Agreement and Approval and Settlement of 12 Accounts submitted by Celeste] are true.” As a longtime journalist and public relations expert, I 13 understood the positive significance of the Court Order for Celeste and Robert, particularly in light 14 of the NVR Article that contained negative accusations about their handling of Celeste’s father’s 15 estate, and I drafted the press release as a reflection of that positive outcome. 16 15. As a former journalist and longtime public relations consultant well-versed in First 17 Amendment and defamation concerns, I do not believe the press release I drafted and ultimately 18 published disparages Lisa Keith in any way. Certainly, I never intended for the press release to 19 disparage her or anyone else. Nor did Robert or Celeste ever communicate to me a desire to 20 disparage or criticize Lisa Keith. Indeed, I never heard Robert or Celeste say an unkind word 21 about Lisa Keith. Instead, they complained about the NVR Article, which they viewed as hurtful 22 and factually wrong. The press release I drafted was intended solely to portray Celeste in a 23 positive light and provide a different perspective than the NVR Article, and ultimately dislodge 24 that article from search engine results and undo any damage it may have caused. 25 16. Shortly after I sent my draft press release to Robert, I received an email from 26 Robert attaching a redlined revision of it. Attached hereto as Exhibit 5, and incorporated herein by 27 this reference, is a true and correct copy of that redlined draft of my press release. 28 -4- DECLARATION OF SAM SINGER CASE NO. 22CV001269 Defs. MSJ Evid. p.006 1 17. The only reference to Lisa Keith in my press release was based on statements made 2 in the NVR Article, including a comment from her attorney. Here’s what I drafted: 3 White's half-sister Lisa Keith, one of her four siblings, later attempted to cla im that White had not properly carried out her duties as co-trustee, particularly regarding the management of the foundation . 4 In 2017, another judge ruled Lisa Keith had no standing regarding the foundation, yet despite that she persisted in her other claims and demanding White account for the funds. 5 6 (See Ex. 4.) By comparison, the NVR Article included the following: 7 The allegations 8 In court documents Lisa Keith alleges that the Whites made questionable 9 decisions regarding the money from their father's estate. 10 Back and forth in court 11 A recent ruling in Napa County Superior Court dealt a blow to Lisa Keith 's case. At the end of 2017, Judge Rodney Stone ruled that she had no standing to ask for 12 an accounting of foundation funds because she is not a director or beneficiary of the fo undation . 13 However, because Lisa Keith is a beneficiary of d1e trust , she continues to pursue 14 litigation and ask for an accounting of Ed Keith's trust funds , said Dominic Campisi, a San Francisco attorney representing her. 15 16 (See Ex. 1.) Robert’s revision to that paragraph was also consistent the NVR Article: 17 IWhite's -ha-If.sister Lisa Keith, one of her four siblings, later attempted to claim that White had not 18 properly carried out her duties as co-trustee, particularly regarding the management of the foundation. In 2017, another judgeJ udge Rodney Stone ruled Lisa Keith had no standing regarding the foundation _ 19 and the foundation claims were struck from the lawsuit. 1 However, yet despite that loss, Lisa Keithshe persisted in her other claims and demanded t hatmg White create a probate accountl!}g of the Trustfor- 20 tlte funds. 21 (See Ex. 5.) And the final published version of my press release was the same: 22 White's sister Lisa Keith, one of her four siblings, later attempted to claim that White had not properly carried out her duties as co-trustee, particularly regarding the management of the 23 foundation. In 2017, Judge Rodney Stone ruled Lisa Keith had no standing regarding the foundation and the foundation claims were struck from the lawsuit. However, despite that loss, Lisa 24 Keith persisted in her other claims and demanded that Celeste White create a probate accounting of the Trust. 25 26 18. Since the comments about Lisa Keith in my press release merely repeated what was 27 said in the NVR Article, including a comment attributed to her attorney, the description was 28 neither disparaging of Keith nor in any way controversial. It never occurred to me that anyone -5- DECLARATION OF SAM SINGER CASE NO. 22CV001269 Defs. MSJ Evid. p.007 1 would view a positive characterization of the outcome of the lawsuit for Celeste as disparaging or 2 critical of Lisa Keith. The favorable characterizations reflected the fact that the Court did not find 3 any misconduct in Celeste’s management of her father’s estate. 4 19. I did not receive any comments from Celeste about the press release. In fact, nearly 5 all of my communications about the communications campaign were with Robert. 6 20. On March 15, 2021, I sent the press release to PR Newswire, one of the two major 7 paid wire services (the other is Business Wire) which has access to computer terminals at all the 8 major news organizations. Dissemination of the press release on PR Newswire was important for 9 search engine optimization as getting it into databanks would help push down the NVR Article 10 from internet search results. 11 21. In August 2021, I sought to capitalize on the first anniversary of the Court Order 12 approving the settlement in the previous litigation by re-issuing the press release. For this purpose, 13 I added “Dr. Robert White” to the press release to aid SEO efforts on his name. Otherwise, the 14 August 2021 press release was the same as my first press release published in March 2021. 15 22. Over time, the press and social media campaign has succeeded in driving down the 16 NVR Article from search results of Robert’s and Celeste’s names. 17 I declare under penalty of perjury under the laws of the State of California that the 18 foregoing is true and correct. Executed on December 11, 2023, at San Francisco, California. 19 20 Sam Singer 21 22 23 24 25 26 27 28 -6- DECLARATION OF SAM SINGER CASE NO. 22CV001269 Defs. MSJ Evid. p.008 EXHIBIT 1 Defs. MSJ Evid. p.009 http://napavalleyregister.com/news/local/wealthy-napa-businessman-s-heirs-seek-answers-about-million-estate/article_73dafef9- 4465-5a18-860f-52389f9ac239.html FEATURED Litigation Wealthy Napa businessman's heirs seek answers about $92 million estate JENNIFER HUFFMAN jhuffman@napanews.com 56 min ago Defs. MSJ Evid. p.010 of former Napan Ed Keith are embroiled in a lawsuit over their later father's estate. Keith was worth some $92 million when he died in 2006. This photo shows Keith with his five children at th ley part of Napa County. A family dispute is playing out in Napa Superior Court between two daughters of Ed Keith, a Napa landlord, vintner and businessman, over what happened to their father’s $92 million estate, including some $38 million earmarked for a foundation intended to benefit disadvantaged youth. Defs. MSJ Evid. p.011 In 2016, a decade after Keith died, Lisa Keith filed suit to compel her sister, Celeste K. White, to provide a full accounting of millions of dollars that White controlled as co-trustee of the Ed Keith estate. In court documents, Lisa Keith questions the propriety of a variety of financial decisions made by Celeste White, including $15 million invested in a for-profit real estate company, the purchase of a $2.4 million condo in Santa Barbara, the acquisition of a Land Rover for a Chiles Valley winery and the construction of a stable for their polo ponies. After more than a year of back and forth court filings, court records for the case now total more than 2,000 pages. Lisa Keith, who lives in Woodside, is one of Ed Keith’s five children from two marriages. Her sister, Celeste White, lives in Napa with her husband, Dr. Robert White, a surgeon who was named the executor of Ed Keith’s estate. Keith's multi-million-dollar estate Ed Keith was a self-made businessman. In addition to owning more than 500 apartment units in Napa, he once owned the former Parkway Plaza/Mervyns property in downtown Napa, Lincoln Square on Lincoln Avenue, the Migliavacca Mansion on Fourth Street, Brenden Theaters in Vacaville and Modesto, and Catacula Lake Winery in Chiles Valley, among other holdings. Ed Keith. Keith's five children are caught up in a dispute over his estate which was The 1,025-acre winery property was worth some $92 million. Keith died in acquired by Keith in the 1960s and 2006. operated as the Bar 49 summer camp for Submitted image girls and boys until 1977, according to White and the winery website. Defs. MSJ Evid. p.012 As an apartment landlord, Keith sometimes found himself at odds with both tenants and the city of Napa over property upkeep and code violations. In 2000, the city sued Keith as a “public nuisance.” A group of tenants also sued Keith over conditions, resulting in a $2 million settlement. Keith eventually sold off his apartments. Defs. MSJ Evid. p.013 The allegations In court documents Lisa Keith alleges that the Whites made questionable decisions regarding the money from their father’s estate. Defs. MSJ Evid. p.014 The suit questions whether Ed Keith's estate was properly divided between the nonprofit foundation and the Keith children. She asserts that her sister failed to fully fund her father’s foundation in a timely manner, mixed the estate’s charitable assets with taxable assets, failed to provide an accounting of the trust and used trust money for personal benefit. Lisa Keith believes that an estimated $1.8 million in trustee fees paid to Celeste White should be refunded to the trust. White's action's were improper and "violated her duty to avoid conflicts of interest,” the suit contends. A sister's defense In court papers, Celeste White's attorneys said White “vigorously disputes” her sister’s contentions and denies any wrongdoing. According to White's court filings, her sister’s allegations “simply are not true.” According to Celeste White, at a 2010 meeting, the five siblings signed off on documents that represented the “final accounting” of their father's trust. "Celeste White is deeply saddened that her sister has elected to pursue litigation relating to the estate of their father,” Bill Coyne, her personal attorney who practices in St. Helena, wrote in an email. This lawsuit is Lisa Keith’s attempt to get more money “beyond the millions of dollars she has already received from her father’s estate,” Coyne said. Celeste and Robert White “have faithfully exercised their duties in accordance with the wishes expressed by Mr. Keith,” wrote Coyne. “(Celeste) White is confident the court will rule in her favor." ! Download PDF Defs. MSJ Evid. p.015 Back and forth in court A recent ruling in Napa County Superior Court dealt a blow to Lisa Keith’s case. At the end of 2017, Judge Rodney Stone ruled that she had no standing to ask for an accounting of foundation funds because she is not a director or beneficiary of Defs. MSJ Evid. p.016 the foundation. However, because Lisa Keith is a beneficiary of the trust, she continues to pursue litigation and ask for an accounting of Ed Keith's trust funds, said Dominic Campisi, a San Francisco attorney representing her. The case has drawn the attention of the state Attorney General office. Deputy Attorney General Christopher Lamerdin has asked for copies of all future court filings to be sent to his office. The Attorney General's office would not comment on this case. However, according to the California Attorney General’s “Guide for Charities,” the Attorney General protects charitable gifts and the public beneficiaries’ interests in charitable trusts. The Attorney General may also audit the trust and hold the trustee personally liable for any breaches of a fiduciary duty that lead to the misuse or loss of charitable assets. The Attorney General's interest validates his client's case, said Campisi. When the Attorney General decides to get involved "that indicates this isn't some grudge match involving the kids," said Campisi. A foundation worth $38 million"is not some small thing." Coyne said that the Attorney General's interest in this case is just "standard course." Campisi "just wants to draw in as many parties as possible," said Coyne. "He wants to exaggerate the case so that it seems bigger than it really is," he said. "That's Mr. Campisi's litigation style." Ed Keith’s many millions Upon Ed Keith's death, a number of early distributions dictated by Keith’s trust were made, including $1 million to each of his five children, $2 million to his 12 grandchildren and $10 million to the Catacula Lake Winery. This whittled his estate down to $76 million. According Keith’s trust, half of that – $38 million -- was to be placed in the Edward A. Keith Foundation, which was created to provide financial and other assistance to disadvantaged youth or children "otherwise in need." The other $38 million was to be divided equally among Keith’s five children. After mortgages and other debts were paid, plus some $20 million in estate taxes, a total of $9.2 million was left to be split among the five siblings. Questions arise Defs. MSJ Evid. p.017 Several years ago, Lisa Keith began to investigate what happened to her father’s foundation. According to court documents, she found several facts that led her to become concerned. From 2011 to 2014, Celeste White reportedly paid herself and her husband more than $300,000 annually from the foundation, according to court documents. In addition, $15 million from the foundation was invested in Veritas Refuge LLC, a for-profit real estate investment company managed by Celeste White, according to records. Of that $15 million, $2.4 million was used to buy a condo in Santa Barbara. “How could this be a prudent investment for a charitable foundation?” Campisi asked. Celeste White’s attorneys defended her administration. The estate’s holdings were in “total disarray and had been severely mismanaged” in the years leading up to Keith’s death. Celeste White has spent “hundreds of hours of work and incalculable amounts of energy and stress … administering such a complicated and large trust,” they wrote in court filings. White’s attorneys said administration fees charged to operate foundation were not out of the ordinary. In 2008, White reportedly used foundation funds to build an 8,000-square-foot building on their estate property in Napa County including a stable “for their string of polo ponies,” garage for horse trailer and stable house. Lisa Keith believes the foundation was “shortchanged to support Celeste and her husband’s lifestyle,” according to court documents. Celeste White’s attorneys have an explanation. The Land Rover was bought because it is a four-wheel vehicle that could be used to drive the trust’s winery property, Catacula Lake Winery, located at 4105 Chiles Pope Valley Road. Such a vehicle had to be “sufficiently upscale” to use for winery business, such as giving tours to prospective purchasers and commuting to various trust properties around Northern and Central California, attorneys wrote. The winery was sold in 2014 and is now called the Napa Chiles Valley Winery. It’s owned by Qinghai Huzhu Barley Wine Co., Ltd. in Haidong in China. Defs. MSJ Evid. p.018 The profits from Veritas Refuge LLC, real estate investment company, were funneled back into the foundation, the family maintains. Removed from the foundation Lisa Keith claims that after her father's death Celeste White had Lisa Keith and her other siblings removed as directors of the foundation -- leaving just Celeste White and her husband Robert in charge of the foundation. Lisa Keith also claims the foundation then dropped any requirement that it benefit disadvantaged youth or children in need. White’s attorneys said Ed Keith removed Lisa Keith’s name as a director of the Foundation before he died. Lisa Keith had a “poor relationship” with her father, claim White's attorneys. Lisa Keith “is deeply dissatisfied with decisions her father made during his lifetime,” including making Celeste co-trustee of the trust and removing (Lisa) Keith, but not Celeste, from the board of the Foundation,” they contend. Before his death, "Mr. Keith established the purpose of the foundation to be broader, and help anyone in need, and the directors have been true to that," said Coyne. Who got Keith’s money? According to court documents, the Edward Keith Foundation, later known as the Bar 49 Foundation and Valley Rock Foundation, distributed a total of $38 million. Some local charities received money, including the Napa Valley Opera House, Napa Emergency Women’s Shelter (now NEWS), St. John’s Lutheran Church, Queen of the Valley Foundation, Nimbus Arts, Ag for Youth, Grace Church of Napa Valley, the Salvation Army and the Soda Canyon Fire Department. Westmont College, a Christian liberal arts college in Montecito near Santa Barbara and Celeste White’s alma mater, received more than $1.3 million. The National Christian Foundation of Alpharetta, Georgia, received $5 million. Defs. MSJ Evid. p.019 Lisa Keith believes that if her father was alive, he would not have chosen to support some of those charities, said Campisi. “Ed thought he was going to spend his money on assisting people and programs for troubled and disadvantaged youth,” he said. The Ed Keith legacy At the time of Keith’s death, Robert White described the family as “very close.” “They hope to continue the good work he has done in the valley with conservation and Boys & Girls Club activities, and focus on his dream of improving the lives of young people here,” said Robert White. As of 2017, Celeste White was the only sibling that still used a Napa address. Darlene Keith lived in San Francisco, David Keith in Sutter Creek, Richard Keith in Petaluma and Lisa Keith in Woodside. Darlene Keith and David Keith could not be immediately reached to comment on this story. Robert White declined to comment on the litigation. Reached by phone at his home in Sonoma County, Richard Keith described the case as “a sad situation.” “I’d like to see all the truth come out,” he said. “Unfortunately, I don’t know if that’s going to work or not.” He’s not sure what happened with the trust and foundation. However, “What I can’t believe is that my father would ever put one person,” alone, in charge of his trust or foundation, Richard Keith said. “And I know he’d like to see the money going towards children like the Boys and Girls Club rather than a host of other charitable groups that have nothing to do with” helping underprivileged children, he said. “Plus, he didn’t want anyone to get paid” for working on the foundation board, Richard Keith said. If there is one thing the family can agree on it’s that Ed Keith would not have wanted a fight over his estate. “He’d be horrified,” said Robert White. “He’d be upset,” said Richard Keith. A status conference set for March 28. MORE INFORMATION Who got Ed Keith’s money? Defs. MSJ Evid. p.020 Maxville Lake Winery reopens Chiles Valley facility Tags Ed Keith Napa David Keith Napa County Richard B. Keith Robert White Darlene Keith Lisa Keith Edward A. Keith Foundation Celeste K. White Bar 49 Foundation Veritas Refuge Llc Keith Foundation Napa County Superior Court St. John’s Lutheran Church Boys & Girls Club Catacula Lake Winery Bill Coyne Judge Valley Rock Foundation Chiles Valley Napa Valley Opera House Westmont College Dom Campisi Edward Keith Foundation Northern California Migliavacca Mansion Lincoln Square Napa Estate Lawsuit Napa Landlord Edward A. Keith Napa Winery Napa Nonprofit Law Civil Law Attorney Celeste White Suit Dominic Campisi Jennifer Huffman Business Editor Jennifer Huffman is the business editor and a general assignment reporter for the Napa Valley Register. I cover a wide variety of topics for the newspaper. I've been with the Register since 2005. Defs. MSJ Evid. p.021 EXHIBIT 2 Defs. MSJ Evid. p.022 • From: Sam Singer singer@singersf.com Subject: RE: Blog articles Date: February 19, 2021 at 3:44 PM To: Robert White polorw@icloud.com, Amber Eilert amber@kemvoodinvestments.com Cc: Celeste White vistafarm@icloud .com Robert, it was a pleasure speaking w ith you and Celeste. Our conversation was very helpful to Amber and me. Thanks again for your time and the summary here. Best, Sam From: Robert White [mailto:polorw@icloud.com] Sent: Friday, February 19, 202112:53 PM To: Sam Singer ; Amber Eilert Cc: Celeste White Subject: Blog articles Hi Sam and Amber, Thanks for your feed back today. Here are a few items to get started. Sam will get the article written about Celeste being exonerated by the Napa Court. Celeste will work w ith Amber on developing the Horse Rock Olive Oil website (and aJso we could consider Horse Rock Farms to increase the diversity of topics if needed). Celeste wiU also work with Amber on the Lux Forum website. Both sites will need content as the work progresses. Robe1i will work with Amber on the DoctorRobertWhite.com website for photos and work with Sam on content. I have attached draft information for blog article topics for the start of this content (labelled New Blogs) Other ideas for my website: - Press release on lectures I give (for example lam giving a "Leadership lecture" to Westmont College students on Thursday 4/8/21. If it would help I can ask Westmont College to release some information to link to). Robert will work with Sam or Amber to enhance my Linkedln site and the Stitches Medical Linkedln site. My initial questions about linkedin are are follows: - Do the privacy setting affect the visibility, and if so what settings do you recommend? - How do I post articles or write articles for linked in? - Is there an advantage to accepting collllections or increasing the number of my connections? (that would be easy to do). We also have the StitchesMedical.com website and the blogs listed are typically with me but show that they are «by Collin White" so we can change that if it will increase links. httns ://sti tchesmedical. com/blogs/news Stitches Medical website also, as another example, represents a Virginia based hospital linen supply company here in California. That is a new relationship and perhaps an article could have me announce, "Dr. Robe1i White allllounces that Stitches Medical is now the representative for Cupron copper antimicrobial hospital bed linens." https://cupron.com Defs. MSJ Evid. p.023 VRF0000145 There are 6 attachments of "partially" written blog articles that I have been working on and that I hope Sam can finish up for me. These could go on everything from Stitches Medical website to my new website to linkedin. Please let me know what you think. Thanks, Robert Defs. MSJ Evid. p.024 VRF0000146 EXHIBIT 3 Defs. MSJ Evid. p.025 28-36111 .,.le 8/18/2020 Nepa - Probate Md Mental Health SHARTSIS FRIESE LLP 2 JOHN J. STEJN (Bar #253777) ROEY Z. RAHMIL (Bar #273803) One Maritime Plaza, Eighteenth Floor FILED 3 San Francisco, .CA 941 I 1-3598 AUS 20 2020 Telephone: (415) 421-6500 4 Facsimile: (415) 421-2922 Email: jstein@sflaw.com ~~a~p~CM 5 Email: rrahmil@sflaw.com 6 Attorneys for 7 CELESTE WHITE 8 SUPERIOR COURT OF TIIE STATE OF CALI.FORNIA 9 COUNTY OF NAPA 10 In Re Comp~e Amendment and Restated CaseN~ll Edward A. Keith Declaration ofTrust, executed ]I August 16, 2002, as amended February 1o. { M O ~ ORDER GRANTING ., 2006, PETITION FOR APPROVAL OF c.. ... ~ 12 AGREEMENT AND APPROVAL AND ::i~..;:: SETTLEMENT OF ACCOUNTINGS V) A. ~i w 13 Date; August 5, 202-0 ~~I~8 14 Time: 8:30 A.M. -~ i (I) - ~~ £ar.i 15 16 Dept.: B ~ ti') 17 18 19 20 21 22 2.3 24 25 26 27 28 Case No. 26-36111 ORDER GRANTING PEIT. FOR APPROVAL OF AORE£MENT AND APPROVAL AND SETTLEMENT OF ACCOUNTINGS Defs. MSJ Evid. p.026 The Petition for Approval of Agreement and Approval and Settlement of Accountings 2 (the "Petition") of Celeste K. White ("Celeste") came on regularly for hearing on August 5, 3 2020, at 8:30 A.M., in Department B of the above.captioned Court, before the Honorable 4 Monique Langhorne. John J. Stein of Shartsis Friese LLP appeared on behalf of Celeste White. 5 Nancy M. Levin of Evans, Latham & Campisi P.C. appeared on behalf of Lisa Keith. The 6 Attorney General of the State of California did not make an appearance but did submit a 7 Statement ofNon~Opposition in advance ofthe hearing on or around July 9, 2020. 8 After reviewing the filings, pleadings, and papers in this matter and upon argument of 9 counsel and the record in this action, and good cause appearing therefore, the Court finds and l O concludes as follows: 11 I. The Petition is GRANTED in its entirety. 12 2. All facts stated in the Petition are true, and all notices required by law have been 13 given. 14 3. The Agreement by and between Celeste and Robert White, on the one hand, and 15 -Li~ Keith, Darlene A. Keith, David S. Keith, Roxnnne Keith, Richard B. Keith, and the Valley 16 Rock Foundation. on the other hand, that was submitted as Exhibit A to the Petition (the I 7 •'Agreement") is (a) fair, just, reasonable, lawful, and in the best interests of the trust reflected in 18 the Complete Amendment and Restated Edward A. Keith Declaration of Trust e..xccuted August 19 16, 2002, as amended February 10, 2006, said trust also being known as the Edward A. Keith 20 Irrevocable Trust (the "Trust''), and the beneficiaries thereof and (b) is approved. The Court 21 directs and authorizes the Agn:cment's implementation in accordance with each ofits terms. 22 4. In connection with the Petition, Celeste submitted for the Court's review and 23 consideration accountings for the Trust that collectively covered the period of September l 5, 24 2006 through January 15, 2013. All oftbe accountings submitted by Celeste in connection with 25 the Petition are settled, allowed, approved, and all acts and transactions of Celeste set forth. or 26 relating to the matters set forth, therel'!l are ratified, confirmed, and approved. 27 28 CilSe No. 26-3611 I AND APPROVAL /,.ND SETil.EMENT OF ACCOUNTIN S Defs. MSJ Evid. p.027 5. The C"ourt hereby retains juriscUction for aJl purposes pertaining to the execution 2 and perf-onnance of the terms. conditions, and Qbligati,ms in the Agreement pursuant to Code .o f ...,J Civil Procedure Section 664.6. 4 ITlS SO ORDERED. 5 Dated: August~ 2020 6 7 '8 9 10 11 gt 12 :l ~ · -=~ w ~~ 13 ~; a tl:i=i - 14 ~i· ~ j:!? . ~~ 15 ~ o~Q~ V) ·" ' z 16 ;,; 17 18 19 20 21 -22 23 24 25 26 27 28 Case No. 26-3611 l Defs. MSJ Evid. p.028 EXHIBIT 4 Defs. MSJ Evid. p.029 DRAFT 1 Contact: Sam Singer singer@singersf.com Cell: 415.336.4949 Celeste K. White Prevails in Estate Case of Late Father Prominent Napa Valley Businessman Ed Keith Judge declares White’s accounting and investments of the proceeds of Ed Keith’s estate were entirely proper; final order issued in case in favor of Celeste K. White Napa, Calif.—A Napa County judge has ruled that Celeste K. White acted entirely properly handling the estate of her wealthy father, which had been the subject of a long-running wine country lawsuit. In a final court order in the case, signed by Superior Court Judge Victoria Wood, the court ruled that “all of the accountings (by Celeste White)...are settled, allowed, approved and all acts and transactions…are ratified, confirmed and approved.” The order, entered last August 20, 2020 exonerated White and ended the litigation Celeste Keith White had been named co-trustee of the estate of her late father, Ed Keith, after his death in 2006. Mr. Keith had long been a fixture in Napa, with many investments in commercial and residential real estate and a winery property. He left a fortune valued at $92 million, and gave White the responsibility for managing a large portion of a very complex estate, including establishing a charitable foundation. White’s husband, Dr. Robert White, was named executor of the estate. White’s half-sister Lisa Keith, one of her four siblings, later attempted to claim that White had not properly carried out her duties as co-trustee, particularly regarding the management of the foundation. In 2017, another judge ruled Lisa Keith had no standing regarding the foundation, yet despite that she persisted in her other claims and demanding White account for the funds. White provided a full accounting of her management of the estate, and after a full examination, the court found no evidence of those c