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DAVIN R. BACHO (SBN 282613)
CLEMENT, FITZPATRICK & KENWORTHY
3333 Mendocino Avenue, Suite 200
Santa Rosa, CA 95403
Telephone: (707) 523-1181
Facsimile: (707) 546-1360
dbacho@cfk.com
Attorneys for Plaintiffs Barry Brilliant
and Dagmar K. Hoheneck-Smith
SUPERIOR COURT OF THE STATE OF CALIFORNIA.
COUNTY OF SONOMA
BARRY BRILLIANT, an individual; and
DAGMAR K. HOHENECK-SMITH, an
individual and as trustee of THE DAGMAR
HOHENECK-SMITH TRUST dated
December 14, 2010,
Plaintiffs,
vs.
MITCHELL G, BLACK, an individual and
dba BLACK KNIGHT VINEYARDS;
DEANNE G. BLACK, an individual and
dba BLACK KNIGHT VINEYARDS; and
DOES ONE through TWENTY, inclusive,
Case No. SCV-267406
DECLARATION OF DAVIN R.
BACHO’S IN SUPPORT OF
PLAINTIFFS’ EX PARTE
APPLICATION FOR A STIPULATED
TRIAL CONTINUANCE
Date: April 7, 2022
Time: 10:30 A.M.
Dept: 18
Judge: Honorable Jennifer V. Dollard
limited Civil,
Defendants. (Unlimited Civil)
AND RELATED CROSS-ACTIONS
I, Davin R. Bacho, declare:
1. Iam an attorney and shareholder at the law firm of Clement, Fitzpatrick & Kenworthy
acting as attorney of record for the plaintiff's and cross-defendants Barry Brilliant and Dagmar K.
Hoheneck-Smith (“Plaintiffs”).
2. Iam personally familiar with the facts set forth herein and if called upon to testify
hereto in a court of law, I could and would do so competently.
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DECLARATION OF DAVIN R. BACHO’S IN SUPPORT OF PLAINTIFFS’ EX PARTE APPLICATION
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3. March 9, 2022, all counsel of record for each party executed a stipulation to seek relief
from the court to vacate the June 3, 2022 trial date and set a case management conference to
reschedule trial so that mediation could occur. The parties further stipulated to stay discovery to focus
on settlement and that all dates would trail the new trial date. Attached as Exhibit 1 is a true and
correct copy of the stipulation and proposed order.
4. On March 10, 2022, the parties submitted the joint stipulation and proposed order
identified as Exhibit 1 to the Court for relief. Despite the filing, the parties have not received a
decision from the Court as of the date of this ex parte application.
5. On April 6 at roughly 9:00 a.m., I notified opposing counsel of this ex parte
application with the required details. Counsel for the defendants and cross-complainants, confirmed
their support for the application. Attached as Exhibit 2 is a true and correct copy of the email
correspondence providing notice and receiving confirmation.
6. The parties have mediation scheduled for June 22, 2022.
7. In speaking with opposing counsel, I believe mediation has a likely chance of success
in resolving the disputes allowing the parties to avoid the expense of litigation and trial.
8. Expert disclosures are currently set for April 14, 2022. The parties will be prejudiced if
they are required to disclose on the current schedule as the expense and time associated could be
avoided through mediation.
9. Non-Expert discovery closes May 10, 2022. Expert discovery closes May 25, 2022.
The parties will be prejudiced if they have to proceed with discovery as these costs can and should be
avoided through mediation. Based on the stipulation submitted to the court on March 10, 2022, the
parties do not have enough time or will be greatly prejudiced if they are forced to facilitate the
remaining discovery on the identified dates,
10. The parties have not sought a previous trial continuance.
11. Plaintiffs need to add in a Doe Defendant based on the transfer of ownership of real
property at issue to a corporate entity. The new party will need time to be served, appear and perform
discovery which is impeded based on the current trial date.
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DECLARATION OF DAVIN R. BACHO’S IN SUPPORT OF PLAINTIFFS’ EX PARTE APPLICATION
FOR A STIPULATED TRIAL CONTINUANCE0 Oo ND HM RF WY
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12. Cross-Defendants Barry Brilliant and Dagmar K. Hoheneck-Smith need to answer the
Cross-Complaint.
13. One of Plaintiffs’ experts is not available on the current trial date. This fact was
recently discovered.
14. [have trial in another matter that commences on June 10, 2022. Based on the expected
length of this current matter and the need to prepare, there is a scheduling conflict.
15. No prior trial continuances have been requested or granted in this matter.
16. The interest of justice will be served by the continuance based on the above facts.
17. Ihave provided copies of moving papers to opposing counsel.
I declare under penalty of perjury, under the laws of the State of California, that the foregoing
is true and correct, and that this Declaration was executed on April 7, 2022 in Santa Rosa, California.
Ao
DAVIN R. BACHO
3
DECLARATION OF DAVIN R. BACHO’S IN SUPPORT OF PLAINTIFFS’ EX PARTE APPLICATION
FOR A STIPULATED TRIAL CONTINUANCEEXHIBIT 1Co mY DH B® WN
by oN YP Ye YY YK WY
2e@ oA FR BSS FFF RDEDE SBE OS
DAVIN R. BACHO (SBN 282613)
NICHOLAS BERNATE (SBN 288187)
CLEMENT, FITZPATRICK & KENWORTHY
3333 Mendocino Avenue, Suite 200
Santa Rosa, CA 95403
Telephone: (707) 523-1181
Facsimile: (707) 546-1360
dbacho@cfk.com
nbernate@cfk.com
Attormeys for Plaintiffs Barry Brilliant
and Dagmar K. Hoheneck-Smith
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SONOMA
BARRY BRILLIANT, an individual; and
DAGMAR K. HOHENECK-SMITH, an
individual and as trustee of THE DAGMAR
HOHENECK-SMITH TRUST dated
December 14, 2010,
Plaintiffs,
vs.
MITCHELL G. BLACK, an individual and
dba BLACK KNIGHT VINEYARDS;
DEANNE G. BLACK, an individual and
dba BLACK KNIGHT VINEYARDS; and
DOES ONE through TWENTY, inclusive,
Defendants.
AND RELATED CROSS-ACTIONS
Case No. SCV-267406
STIPULATION TO VACATE THE
TRIAL DATE AND ORDER THEREON
[Sonoma County Local Rule 4.8B]
Hon.: Jennifer V. Dollard
Dept.: 18
(Unlimited Civil)
IT IS HEREBY STIPULATED by and between Plaintiffs BARRY BRILLIANT and
DAGMAR K. HOHENECK-SMITH, Defendant and Cross-Complainant MITCHELL G. BLACK,
an individual and dba BLACK KNIGHT VINEYARDS, Defendant and Cross-Complainant
DEANNE G. BLACK, an individual and dba BLACK KNIGHT VINEYARDS, and Cross-
Complainant Black Knight Vineyards, LLC, through their counsel of record, that the trial of this
1
STIPULATION TO VACATE TRIAL AND ORDER THEREONeo WO YN DAH B® WN KH
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matter currently set for June 3, 2022, in courtroom 18 be vacated subject to court approval. The
Parties further stipulate that the trial be rescheduled with all applicable deadlines trailing the new
date, including but not limited to expert discovery, through participation in a case management
conference at the convenience of the Court’s calendar. The Parties further stipulate that the Court
should schedule a case management conference in June 2022 or as soon thereafter as possible,
during which the Court can set the new trial date based on input of the parties.
IT IS FURTHER STIPULATED that all discovery pending or otherwise, including any
associated deadlines, will be temporarily stayed until mediation can be completed. The Parties may
mutually agree to amend the discovery, stay without leave of court.
This stipulation for a continuance is sought in good faith and for good reason because the
parties are attending mediation close to the trial date, the potential sale of Defendants’ property may
materially affect the case, and Defendants require additional time to evaluate and assemble expert
evidence in light of the new allegations in Plaintiffs’ First Amended Complaint. These issues will
require sufficient time for civil procedure and due process as well as the need for the existing and
future parties to prepare for trial which cannot reasonably be met under the current trial date.
Dated: March 7 ,»2022 CLEMENT, FITZPATRICK & KENWORTHY
ao
By:
DAVIN R. BACHO
Attorneys for Plaintiffs Barry Brilliant
and Dagmar K. Hoheneck-Smith
Dated: March 9, 2022 ABBEY, WEITZENBERG, WARREN & EMERY, P.C.
DJw
Daniel Wilson
Attorneys for Mitchell G. Black,
Deanne G. Black, and Black Knight Vineyards, LLC
By:
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ORDER
Good cause appearing therefor,
IT IS HEREBY ORDERED that the trial of this matter currently set for June 3, 2022, is
vacated. A case management conference is now set for ; or, will be set by the Court
with subsequent notice to the parties in order to determine the new trial date.
Dated:
JUDGE OF THE SUPERIOR COURT
3
STIPULATION TO VACATE TRIAL AND ORDER THEREONEXHIBIT 2Davin R. Bacho
From: Mitchell B. Greenberg
Sent: Wednesday, April 6, 2022 9:46 AM
To: Davin R. Bacho; Daniel J. Wilson
Cec: ‘cl’
Subject: RE: Brilliant v. Black
Davin, defendants support the ex parte application for entry of the order requested in the stipulation to continue trial.
100 Stony Point Rd, Ste. 200 | Santa Rosa, CA 95401
www:abbeylaw.com | mgreenberg@abbeylaw.com
T 707.542.5050 | F 707.542.2589
ABBEY, WEITZENBERG
WARREN (& EMERY..
Notice of Confidentiality: This email and any attachments hereto, are intended only for use by the addressee(s) named
herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this
email, you are hereby notified that any dissemination, distribution or copying of this email, and any attachments hereto,
is strictly prohibited. If you have received this email in error, please immediately notify me by email (by replying to this
message) or telephone and permanently delete this original and any copy of any email and any printout hereof. Thank
you for your cooperation.
From: Davin R. Bacho [mailto:dbacho@cfk.com]
Sent: Wednesday, April 6, 2022 9:22 AM
To: Daniel J. Wilson ; Mitchell B. Greenberg
Cc: 'cl'
Subject: Brilliant v. Black
Dan and Mitch,
On behalf of Plaintiffs Barry Brilliant and Dagmar Hoheneck, I will be submitting an ex parte application to
obtain the relief requested within our attached stipulation and requested order in the above captioned matter.
The ex parte application will be submitted no later than 10:30 a.m. tomorrow April 7, 2022 in Department 18 of
the Sonoma County Superior Court. Courtesy copies will be provided upon completion. In presenting the
application, Plaintiffs will be re-asserting the good cause articulated within the stipulation as well as the
recently scheduled mediation date, the impending discovery cutoffs, and other good cause. Please let me know
if you intend on opposing in anyway. Alternatively, it would be helpful if you can confirm your support for
reference within the application.
Best,
Davin
Davin R. BachoClement, Fitzpatrick & Kenworthy, Incorporated
3333 Mendocino Avenue, Suite 200, Santa Rosa, CA 95403
telephone: (707) 568-2265| facsimile: (707) 546-1360 | email: dbacho@cfk.com
JESSE ESOS EEE Gana SS ia Hain IEG SG GHG IEE ASE AIC SCSI CRAIGS
PRIVILEGED AND CONFIDENTIAL: The information contained in this message (and any attachments) is confidential and
privileged, and intended only for the use of the individual to whom it is addressed. Any other dissemination, distribution or copying
of this communication is strictly prohibited. If you have received it in error, please notify us by telephone or reply email and delete
the message and any attachments.
Preview
0 Oe IQ DH FF Bw HY PR wR YNRNNYN SB X®’aetE SRF SF Ger ABDREBRES DAVIN R. BACHO (SBN 282613) CLEMENT, FITZPATRICK & KENWORTHY 3333 Mendocino Avenue, Suite 200 Santa Rosa, CA 95403 Telephone: (707) 523-1181 Facsimile: (707) 546-1360 dbacho@cfk.com Attorneys for Plaintiffs Barry Brilliant and Dagmar K. Hoheneck-Smith SUPERIOR COURT OF THE STATE OF CALIFORNIA. COUNTY OF SONOMA BARRY BRILLIANT, an individual; and DAGMAR K. HOHENECK-SMITH, an individual and as trustee of THE DAGMAR HOHENECK-SMITH TRUST dated December 14, 2010, Plaintiffs, vs. MITCHELL G, BLACK, an individual and dba BLACK KNIGHT VINEYARDS; DEANNE G. BLACK, an individual and dba BLACK KNIGHT VINEYARDS; and DOES ONE through TWENTY, inclusive, Case No. SCV-267406 DECLARATION OF DAVIN R. BACHO’S IN SUPPORT OF PLAINTIFFS’ EX PARTE APPLICATION FOR A STIPULATED TRIAL CONTINUANCE Date: April 7, 2022 Time: 10:30 A.M. Dept: 18 Judge: Honorable Jennifer V. Dollard limited Civil, Defendants. (Unlimited Civil) AND RELATED CROSS-ACTIONS I, Davin R. Bacho, declare: 1. Iam an attorney and shareholder at the law firm of Clement, Fitzpatrick & Kenworthy acting as attorney of record for the plaintiff's and cross-defendants Barry Brilliant and Dagmar K. Hoheneck-Smith (“Plaintiffs”). 2. Iam personally familiar with the facts set forth herein and if called upon to testify hereto in a court of law, I could and would do so competently. 1 DECLARATION OF DAVIN R. BACHO’S IN SUPPORT OF PLAINTIFFS’ EX PARTE APPLICATION FOR A STIPULATED TRIAL CONTINUANCEoem IN DAW RF WN PN YY YN BNRRREBBEBSSEBSWTARBEBEETS 3. March 9, 2022, all counsel of record for each party executed a stipulation to seek relief from the court to vacate the June 3, 2022 trial date and set a case management conference to reschedule trial so that mediation could occur. The parties further stipulated to stay discovery to focus on settlement and that all dates would trail the new trial date. Attached as Exhibit 1 is a true and correct copy of the stipulation and proposed order. 4. On March 10, 2022, the parties submitted the joint stipulation and proposed order identified as Exhibit 1 to the Court for relief. Despite the filing, the parties have not received a decision from the Court as of the date of this ex parte application. 5. On April 6 at roughly 9:00 a.m., I notified opposing counsel of this ex parte application with the required details. Counsel for the defendants and cross-complainants, confirmed their support for the application. Attached as Exhibit 2 is a true and correct copy of the email correspondence providing notice and receiving confirmation. 6. The parties have mediation scheduled for June 22, 2022. 7. In speaking with opposing counsel, I believe mediation has a likely chance of success in resolving the disputes allowing the parties to avoid the expense of litigation and trial. 8. Expert disclosures are currently set for April 14, 2022. The parties will be prejudiced if they are required to disclose on the current schedule as the expense and time associated could be avoided through mediation. 9. Non-Expert discovery closes May 10, 2022. Expert discovery closes May 25, 2022. The parties will be prejudiced if they have to proceed with discovery as these costs can and should be avoided through mediation. Based on the stipulation submitted to the court on March 10, 2022, the parties do not have enough time or will be greatly prejudiced if they are forced to facilitate the remaining discovery on the identified dates, 10. The parties have not sought a previous trial continuance. 11. Plaintiffs need to add in a Doe Defendant based on the transfer of ownership of real property at issue to a corporate entity. The new party will need time to be served, appear and perform discovery which is impeded based on the current trial date. 2 DECLARATION OF DAVIN R. BACHO’S IN SUPPORT OF PLAINTIFFS’ EX PARTE APPLICATION FOR A STIPULATED TRIAL CONTINUANCE0 Oo ND HM RF WY PRP YP YW NNN BNRRRPBBER SRV BWA TBEBGHK SY 12. Cross-Defendants Barry Brilliant and Dagmar K. Hoheneck-Smith need to answer the Cross-Complaint. 13. One of Plaintiffs’ experts is not available on the current trial date. This fact was recently discovered. 14. [have trial in another matter that commences on June 10, 2022. Based on the expected length of this current matter and the need to prepare, there is a scheduling conflict. 15. No prior trial continuances have been requested or granted in this matter. 16. The interest of justice will be served by the continuance based on the above facts. 17. Ihave provided copies of moving papers to opposing counsel. I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct, and that this Declaration was executed on April 7, 2022 in Santa Rosa, California. Ao DAVIN R. BACHO 3 DECLARATION OF DAVIN R. BACHO’S IN SUPPORT OF PLAINTIFFS’ EX PARTE APPLICATION FOR A STIPULATED TRIAL CONTINUANCEEXHIBIT 1Co mY DH B® WN by oN YP Ye YY YK WY 2e@ oA FR BSS FFF RDEDE SBE OS DAVIN R. BACHO (SBN 282613) NICHOLAS BERNATE (SBN 288187) CLEMENT, FITZPATRICK & KENWORTHY 3333 Mendocino Avenue, Suite 200 Santa Rosa, CA 95403 Telephone: (707) 523-1181 Facsimile: (707) 546-1360 dbacho@cfk.com nbernate@cfk.com Attormeys for Plaintiffs Barry Brilliant and Dagmar K. Hoheneck-Smith SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SONOMA BARRY BRILLIANT, an individual; and DAGMAR K. HOHENECK-SMITH, an individual and as trustee of THE DAGMAR HOHENECK-SMITH TRUST dated December 14, 2010, Plaintiffs, vs. MITCHELL G. BLACK, an individual and dba BLACK KNIGHT VINEYARDS; DEANNE G. BLACK, an individual and dba BLACK KNIGHT VINEYARDS; and DOES ONE through TWENTY, inclusive, Defendants. AND RELATED CROSS-ACTIONS Case No. SCV-267406 STIPULATION TO VACATE THE TRIAL DATE AND ORDER THEREON [Sonoma County Local Rule 4.8B] Hon.: Jennifer V. Dollard Dept.: 18 (Unlimited Civil) IT IS HEREBY STIPULATED by and between Plaintiffs BARRY BRILLIANT and DAGMAR K. HOHENECK-SMITH, Defendant and Cross-Complainant MITCHELL G. BLACK, an individual and dba BLACK KNIGHT VINEYARDS, Defendant and Cross-Complainant DEANNE G. BLACK, an individual and dba BLACK KNIGHT VINEYARDS, and Cross- Complainant Black Knight Vineyards, LLC, through their counsel of record, that the trial of this 1 STIPULATION TO VACATE TRIAL AND ORDER THEREONeo WO YN DAH B® WN KH Yb NY Y YPN YN YN e® And EES SSR REE SEE S matter currently set for June 3, 2022, in courtroom 18 be vacated subject to court approval. The Parties further stipulate that the trial be rescheduled with all applicable deadlines trailing the new date, including but not limited to expert discovery, through participation in a case management conference at the convenience of the Court’s calendar. The Parties further stipulate that the Court should schedule a case management conference in June 2022 or as soon thereafter as possible, during which the Court can set the new trial date based on input of the parties. IT IS FURTHER STIPULATED that all discovery pending or otherwise, including any associated deadlines, will be temporarily stayed until mediation can be completed. The Parties may mutually agree to amend the discovery, stay without leave of court. This stipulation for a continuance is sought in good faith and for good reason because the parties are attending mediation close to the trial date, the potential sale of Defendants’ property may materially affect the case, and Defendants require additional time to evaluate and assemble expert evidence in light of the new allegations in Plaintiffs’ First Amended Complaint. These issues will require sufficient time for civil procedure and due process as well as the need for the existing and future parties to prepare for trial which cannot reasonably be met under the current trial date. Dated: March 7 ,»2022 CLEMENT, FITZPATRICK & KENWORTHY ao By: DAVIN R. BACHO Attorneys for Plaintiffs Barry Brilliant and Dagmar K. Hoheneck-Smith Dated: March 9, 2022 ABBEY, WEITZENBERG, WARREN & EMERY, P.C. DJw Daniel Wilson Attorneys for Mitchell G. Black, Deanne G. Black, and Black Knight Vineyards, LLC By: 2 STIPULATION TO VACATE TRIAL AND ORDER THEREONeo Oe YN DAH PF WN Nv NY YN YY NY NN rn — 2&8 h PR BORESLERWVARAEEBRES ORDER Good cause appearing therefor, IT IS HEREBY ORDERED that the trial of this matter currently set for June 3, 2022, is vacated. A case management conference is now set for ; or, will be set by the Court with subsequent notice to the parties in order to determine the new trial date. Dated: JUDGE OF THE SUPERIOR COURT 3 STIPULATION TO VACATE TRIAL AND ORDER THEREONEXHIBIT 2Davin R. Bacho From: Mitchell B. Greenberg Sent: Wednesday, April 6, 2022 9:46 AM To: Davin R. Bacho; Daniel J. Wilson Cec: ‘cl’ Subject: RE: Brilliant v. Black Davin, defendants support the ex parte application for entry of the order requested in the stipulation to continue trial. 100 Stony Point Rd, Ste. 200 | Santa Rosa, CA 95401 www:abbeylaw.com | mgreenberg@abbeylaw.com T 707.542.5050 | F 707.542.2589 ABBEY, WEITZENBERG WARREN (& EMERY.. Notice of Confidentiality: This email and any attachments hereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this email, you are hereby notified that any dissemination, distribution or copying of this email, and any attachments hereto, is strictly prohibited. If you have received this email in error, please immediately notify me by email (by replying to this message) or telephone and permanently delete this original and any copy of any email and any printout hereof. Thank you for your cooperation. From: Davin R. Bacho [mailto:dbacho@cfk.com] Sent: Wednesday, April 6, 2022 9:22 AM To: Daniel J. Wilson ; Mitchell B. Greenberg Cc: 'cl' Subject: Brilliant v. Black Dan and Mitch, On behalf of Plaintiffs Barry Brilliant and Dagmar Hoheneck, I will be submitting an ex parte application to obtain the relief requested within our attached stipulation and requested order in the above captioned matter. The ex parte application will be submitted no later than 10:30 a.m. tomorrow April 7, 2022 in Department 18 of the Sonoma County Superior Court. Courtesy copies will be provided upon completion. In presenting the application, Plaintiffs will be re-asserting the good cause articulated within the stipulation as well as the recently scheduled mediation date, the impending discovery cutoffs, and other good cause. Please let me know if you intend on opposing in anyway. Alternatively, it would be helpful if you can confirm your support for reference within the application. Best, Davin Davin R. BachoClement, Fitzpatrick & Kenworthy, Incorporated 3333 Mendocino Avenue, Suite 200, Santa Rosa, CA 95403 telephone: (707) 568-2265| facsimile: (707) 546-1360 | email: dbacho@cfk.com JESSE ESOS EEE Gana SS ia Hain IEG SG GHG IEE ASE AIC SCSI CRAIGS PRIVILEGED AND CONFIDENTIAL: The information contained in this message (and any attachments) is confidential and privileged, and intended only for the use of the individual to whom it is addressed. Any other dissemination, distribution or copying of this communication is strictly prohibited. If you have received it in error, please notify us by telephone or reply email and delete the message and any attachments.