Modification: Roche v. Hyde

BRENDAN ROCHE,

Plaintiff and Respondent,

v.

THOMAS F. HYDE,

Defendant and Appellant.

BRENDAN ROCHE,

Plaintiff and Respondent,

v.

RAM'S GATE WINERY, LLC, et al.,

Defendants and Appellants.

No's. A150459, A150462

(Sonoma County

Super. Ct. No. SCV259143

California Courts of Appeal

First Appellate District

Division Four

Filed July 29, 2020

Trial judge: Honorable René Auguste Chouteau

Counsel for defendant and appellant Hinshaw & Culbertson, Thomas F. Hyde: Edward F. Donohue, Jared W. Matheson

Counsel for defendants and appellants Arnold & Porter Kaye Scholer, Ram's Gate Winery, LLC et al.: Steven L. Mayer, Sean M. SeLegue, Jonathan W. Hughes, John S. Throckmorton,

Counsel for plaintiff and respondent: Beyers Costin Simon, Bob Haroche, Peter L. Simon, Steven J. Bleasdell

THE COURT:

The respective petitions for rehearing filed by appellants Ram's Gate Winery, LLC, Michael John and Jeffrey B. O'Neill, and by appellant Thomas F. Hyde, are denied, subject to the following modification of the opinion filed in these consolidated appeals on June 30, 2020:

1. On page 40, in the first full paragraph, delete the following sentence:

Because the Boudreau Report was among the materials in the 2005 Due Diligence Binder, marked with a tab and clearly identified, Hyde knew it had been in Hardy's possession, and he knew it revealed the very information he was advising Ram's Gate to sue Roche for failing to disclose.

2. Insert in place of the deleted sentence on page 40, continuing within the same paragraph, the following substitute language:

According to a November 18, 2016 declaration Hyde filed in connection with the anti-SLAPP motions, the first two pages of this volume consisted of a "Binder Index" organized as a table of contents, listing the documents in it by numbered tabs. Because the Boudreau Report was among the materials Hyde received from Hardy, marked clearly---"Geologist's Report, July 12, 1987" ---and identified by tab number on this index, Hyde knew it had been in Hardy's possession, and he knew it revealed the very information he was advising Ram's Gate to sue Roche for failing to disclose.

The modifications effect no change in the judgment.

Dated: July 29, 2020

POLLAK, P. J.