1 BIRD, MARELLA, BOXER, WOLPERT, NESSIM,
DROOKS, LINCENBERG & RHOW, P.C.
2 John V. Berlinski (Bar No. 208537)
jberlinski@birdmarella.com
3 Julia B. Cherlow (Bar No. 290538)
jcherlow@birdmarella.com
4 1875 Century Park East, 23rd Floor
Los Angeles, CA 90067
5 Telephone: (310) 201-2100
Facsimile: (310) 201-2110
6
WACHTELL, LIPTON, ROSEN & KATZ
7 Jonathan M. Moses (admitted pro hac vice)
Adam L. Goodman (admitted pro hac vice)
8 Jessica L. Allen (admitted pro hac vice)
51 West 52nd Street
9 New York, NY 10019
Telephone: (212) 403-1000
10 Facsimile: (212) 403-2000
Attorneys for Cross-Defendant Warren Grant
11
12
SUPERIOR COURT OF THE STATE OF CALIFORNIA
13 COUNTY OF LOS ANGELES, CENTRAL DISTRICT
14
WILLIAM B. PITT, an individual, and Case No. 22STCV06081
15 MONDO BONGO, LLC, a California
limited liability company, WARREN GRANT’S SUPPLEMENTAL
16 REQUEST FOR JUDICIAL NOTICE IN
Plaintiffs, SUPPORT OF DEMURRER TO FIRST
17 AMENDED CROSS-COMPLAINT OF
v.
18 NOUVEL, LLC
ANGELINA JOLIE, et al.,
19 Filed concurrently with Reply Brief in Support
Defendants. of Demurrer and Declarations
20
Judge: Hon. Lia Martin
21 and RELATED CROSS-ACTIONS. Dept: 16
Date: January 24, 2024
22 Time: 9:00 a.m.
23 Reservation ID: 900048070166
Action Filed: February 17, 2022
24
Trial Date: Not yet set
25
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GRANT’S SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF
DEMURRER TO FIRST AMENDED CROSS-COMPLAINT OF NOUVEL
1 TO ALL PARTIES AND THEIR COUNSEL OF RECORD:
2 PLEASE TAKE NOTICE that, pursuant to Sections 452 and 453 of the California
3 Evidence Code and Rule 3.1306 of the California Rules of Court, Cross-Defendant WARREN
4 GRANT respectfully requests that this Court take judicial notice of the following documents:
5 1. Reply Declaration of Professor André Prüm in support of Grant’s demurrer to Nouvel’s
6 First Amended Cross-Complaint, a true and correct copy of which is attached as
7 Exhibit A to the concurrently filed declaration of Julia B. Cherlow (the “Cherlow
8 Declaration”);1
9 2. An Order of the Luxembourg Court of Appeal, Ninth Chamber (Docket No.
10 CAL-2022-00252), dated November 9, 2023, with a certified English translation, a true
11 and correct copy of which is attached as Exhibit B to the Cherlow Declaration;
12 3. An excerpt of a treatise by Jean-Francois Carpantier and Olivier Wuidar, titled Le
13 Bicentenaire du Code Civil, Analyse Conceptuelle de l’affectio societatis en Droit
14 Luxembourgeois (Portalis 2004), with a certified English translation, a true and correct
15 copy of which is attached as Exhibit C to the Cherlow Declaration;
16 4. Article 1400-3 of the Luxembourg Company Law, a true and correct copy of a
17 translation of which is attached as Exhibit D to the Cherlow Declaration; and
18 5. An excerpt of a treatise by Pascal Ancel, titled Contrats et Obligations
19 Conventionnelles en Droit Luxembourgeois (2015), with a certified English translation,
20 a true and correct copy of which is attached as Exhibit E to the Cherlow Declaration.
21 This request is based on this notice, the accompanying memorandum of points and
22 authorities, the concurrently filed declaration of Julia B. Cherlow, and all other documents, filings,
23 pleadings, and evidence before this Court.
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1
28 For ease of reference, the Reply Declaration of Professor André Prüm has also been concurrently
filed with Grant’s reply brief in support of their demurrer as a standalone document.
-2-
GRANT’S SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF
DEMURRER TO FIRST AMENDED CROSS-COMPLAINT OF NOUVEL
1
2 DATED: January 17, 2024 By:
3 BIRD, MARELLA, BOXER, WOLPERT, NESSIM,
DROOKS, LINCENBERG & RHOW, P.C.
4 John V. Berlinski
Julia B. Cherlow
5
WACHTELL, LIPTON, ROSEN & KATZ
6 Jonathan M. Moses (admitted pro hac vice)
Adam L. Goodman (admitted pro hac vice)
7 Jessica L. Allen (admitted pro hac vice)
8
Attorneys for Cross-Defendant Warren Grant
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-3-
GRANT’S SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF
DEMURRER TO FIRST AMENDED CROSS-COMPLAINT OF NOUVEL
1 INTRODUCTION
2 Cross-Defendant Warren Grant respectfully requests that the Court take judicial notice of
3 the following documents in further support of his demurrer to the First Amended Cross-Complaint
4 of Nouvel, LLC:
5 1. Reply Declaration of Professor André Prüm in support of Grant’s demurrer to Nouvel’s
6 First Amended Cross-Complaint, a true and correct copy of which is attached as
7 Exhibit A to the Cherlow Declaration;
8 2. An Order of the Luxembourg Court of Appeal, Ninth Chamber (Docket No.
9 CAL-2022-00252), dated November 9, 2023, with a certified English translation, a true
10 and correct copy of which is attached as Exhibit B to the Cherlow Declaration;
11 3. An excerpt of a treatise by Jean-Francois Carpantier and Olivier Wuidar, titled Le
12 Bicentenaire du Code Civil, Analyse Conceptuelle de l’affectio societatis en Droit
13 Luxembourgeois (Portalis 2004), with a certified English translation, a true and correct
14 copy of which is attached as Exhibit C to the Cherlow Declaration;
15 4. Article 1400-3 of the Luxembourg Company Law, a true and correct copy of a
16 translation of which is attached as Exhibit D to the Cherlow Declaration; and
17 5. An excerpt of a treatise by Pascal Ancel, titled Contrats et Obligations
18 Conventionnelles en Droit Luxembourgeois (2015), with a certified English translation,
19 a true and correct copy of which is attached as Exhibit E to the Cherlow
20 Declaration.
21 ARGUMENT
22 The Court generally need not consider the dueling expert declarations on foreign law if it
23 determines, as it has tentatively done in the context of this case, that claims uniquely brought
24 under Luxembourgish law should not be recognized in California court and that foreign causes of
25 action should not serve as “independently wrongful acts” for purposes of tortious interference
26 claims. Tentative Ruling on Jolie Demurrer (Nov. 15, 2023) at 8, 11.2
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2
The only exception would be the parties’ choice-of-law dispute with respect to Nouvel’s trespass
-4-
GRANT’S SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF
DEMURRER TO FIRST AMENDED CROSS-COMPLAINT OF NOUVEL
1 However, should the Court reach the merits of Nouvel’s foreign law claims, it should take
2 judicial notice of the Reply Declaration of Professor André Prüm in support of Grant’s demurrer
3 to Nouvel’s First Amended Cross-Complaint (Cherlow Decl., Ex. A). This declaration is offered
4 in response to the Declaration of Jean-Claude Wiwinius regarding Luxembourg law, filed
5 concurrently with Nouvel’s opposition to Grant’s demurrer. The Court may take judicial notice of
6 Professor Prüm’s declaration as expounding on “[t]he law of . . . foreign nations.” Cal. Evid.
7 Code § 452(f); see id. § 454(a)(1) (in determining the propriety of judicial notice, “[a]ny source of
8 pertinent information, including the advice of persons learned in the subject matter, may be
9 consulted”).
10 The same is true of the statutory provision and treatises on Luxembourgish law that are
11 cited in Professor Prüm’s Reply Declaration (Cherlow Decl., Exs. C–E), which the Court may
12 likewise take notice of as evidencing the law of Luxembourg. See Cal. Evid. Code § 452(f).
13 Finally, and regardless of whether the Court takes notice of the foreign law declarations
14 and the materials cited therein, the Court should take judicial notice of the order of the
15 Luxembourg Court of Appeal, dated November 9, 2023, which appointed an escrow agent for 100
16 shares of Quimicum stock while Mondo Bongo’s challenge to the validity of the 2013 transfer of
17 that stock is litigated in Luxembourg court (Cherlow Decl., Ex. B). The Court is “free to take
18 judicial notice of the existence of [] the document[s] in a court file, including the truth of results
19 reached” but not the “truth of hearsay statements in decisions and court files.” Barri v. Workers’
20 Comp. Appeals Bd., 28 Cal. App. 5th 428, 437 (2018) (citation and emphasis omitted). Because
21 the existence of this order, and the result reached therein, is “not reasonably subject to dispute,”
22 the Court may take judicial notice of the order. Cal. Evid. Code § 452(h); see also Java Oil Ltd. v.
23 Sullivan, 168 Cal. App. 4th 1178, 1181 n.1 (2008) (taking notice of orders in a case that the parties
24 previously litigated in Gibraltar); TSMC N. Am. v. Semiconductor Mfg. Int’l Corp., 161 Cal. App.
25 4th 581, 597 n.7 (2008) (taking notice of a Beijing court’s ruling and related filings).
26
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to chattels claim. The Court need not reach that issue either if it dismisses Nouvel’s trespass claim
28 on any other ground.
-5-
GRANT’S SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF
DEMURRER TO FIRST AMENDED CROSS-COMPLAINT OF NOUVEL
1 CONCLUSION
2 For the foregoing reasons, Grant respectfully requests that the Court take judicial notice of
3 Exhibits A through E to the Cherlow Declaration filed concurrently with his reply brief in support
4 of his demurrer to Nouvel’s First Amended Cross-Complaint.
7 DATED: January 17, 2024 By:
8 BIRD, MARELLA, BOXER, WOLPERT, NESSIM,
DROOKS, LINCENBERG & RHOW, P.C.
9 John V. Berlinski
Julia B. Cherlow
10
WACHTELL, LIPTON, ROSEN & KATZ
11 Jonathan M. Moses (admitted pro hac vice)
Adam L. Goodman (admitted pro hac vice)
12 Jessica L. Allen (admitted pro hac vice)
13
Attorneys for Cross-Defendant Warren Grant
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-6-
GRANT’S SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF
DEMURRER TO FIRST AMENDED CROSS-COMPLAINT OF NOUVEL
1 PROOF OF SERVICE
2 Pitt v. Jolie
Case No. 22STCV06081
3
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
4
At the time of service, I was over 18 years of age and not a party to this action.
5 I am employed in the County of Los Angeles, State of California. My business address is
1875 Century Park East, 23rd Floor, Los Angeles, CA 90067-2561.
6
On January 17, 2024, I served the following document(s) described as WARREN
7 GRANT’S SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT
OF DEMURRER TO FIRST AMENDED CROSS-COMPLAINT OF NOUVEL,
8 LLC on the interested parties in this action as follows:
9 SEE ATTACHED SERVICE LIST
10 BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or
an agreement of the parties to accept service by e-mail or electronic transmission, I caused
11 the document(s) to be sent from e-mail address kminutelli@birdmarella.com to the persons
at the e-mail addresses listed in the Service List. I did not receive, within a reasonable
12 time after the transmission, any electronic message or other indication that the
transmission was unsuccessful.
13
I declare under penalty of perjury under the laws of the State of California that the
14 foregoing is true and correct.
15 Executed on January 17, 2024, at Los Angeles, California.
16
17 /s/ Karen M. Minutelli
Karen M. Minutelli
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PROOF OF SERVICE
1 SERVICE LIST
Pitt v. Jolie
2 Case No. 22STCV06081
3 Paul D. Murphy Laura W. Brill
Daniel N. Csillag Daniel Barlava
4 MURPHY ROSEN LLP KENDALL BRILL & KELLY LLP
100 Wilshire Boulevard, Suite 1300 10100 Santa Monica Boulevard, Suite 1725
5 Santa Monica, CA 90401 Los Angeles, CA 90067-4013
Telephone: (310) 899-3300 Telephone: (310) 556-2700
6 Email: pmurphy@murphyrosen.com Email: lbrill@kbkfirm.com
Email: dcsillag@murphyrosen.com Email: dbarlava@kbkfirm.com
7 Counsel for Defendant and Cross- Counsel appearing specially to challenge
Complainant Angelina Jolie jurisdiction on behalf of Cross-
8 Defendants Roland Venturini and Gary
Bradbury
9
Joe Tuffaha Keith R. Hummel
10 Prashanth Chennakesavan Justin C. Clarke
LTL ATTORNEYS LLP Jonathan Mooney
11 300 South Grand Avenue, Suite 1400 CRAVATH, SWAINE & MOORE LLP
Los Angeles, CA 90071 Worldwide Plaza
12 Telephone: (213) 612-8900 825 Eighth Avenue
Email: joe.tuffaha@ltlattorneys.com New York, NY 10019
13 Email: Telephone: (212) 474-1000
prashanth.chennakesavan@ltlattorneys.com Email: khummel@cravath.com
14 Counsel for Defendant and Cross- Email: jcclarke@cravath.com
Complainant Nouvel, LLC and Email: jmooney@cravath.com
15 Defendant Tenute del Mondo B.V. and Counsel for Defendant and Cross-
specially appearing to challenge Complainant Nouvel, LLC and
16 jurisdiction on behalf of Defendants Yuri Defendant Tenute del Mondo B.V. and
Shefler, Alexey Olivnik and SPI Group specially appearing to challenge
17 Holding, Ltd. jurisdiction on behalf of Defendants Yuri
Shefler, Alexey Olivnik and SPI Group
18 Holding, Ltd.
19 Mark Drooks S. Gale Dick
BIRD, MARELLA, BOXER, WOLPERT, Phoebe King
20 NESSIM, DROOKS, LINCENBERG & Randall Bryer
RHOW, P.C. COHEN & GRESSER LLP
21 1875 Century Park East, 23rd Floor 800 Third Avenue
Los Angeles, CA 90067-2561 New York, NY 10022
22 Telephone: 310 201-2100 Telephone: (212) 707-7263
Email: mdrooks@birdmarella.com Email: SGDick@CohenGresser.com
23 Counsel appearing specially to challenge Email: PKing@CohenGresser.com
jurisdiction on behalf of Cross- Email: rbryer@cohengresser.com
24 Defendants Marc-Olivier Perrin, SAS Counsel appearing specially to challenge
Miraval Provence, Familles Perrin, SAS jurisdiction on behalf of Cross-
25 Petrichor, Vins et Domaines Perrin SC, Defendants Marc-Olivier Perrin, SAS
SASU Le Domaine, and SAS Distilleries Miraval Provence, Familles Perrin, SAS
26 de la Riviera Petrichor, Vins et Domaines Perrin SC,
SASU Le Domaine, and SAS Distilleries
27 de la Riviera
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PROOF OF SERVICE
