KEITH R.

HUMMEL (admitted pro hac vice)

1 khummel@cravath.com
JUSTIN C. CLARKE (admitted pro hac vice)
2
jcclarke@cravath.com
3 JONATHAN MOONEY (admitted pro hac vice)
jmooney@cravath.com
4 CRAVATH, SWAINE & MOORE LLP
825 Eighth Avenue
5 New York, NY 10019

6 Telephone: (212) 474-1000

Facsimile: (212) 474-3700
7
JOE H. TUFFAHA (State Bar No. 253723)
8 joe.tuffaha@ltlattorneys.com
PRASHANTH CHENNAKESAVAN (State Bar No. 284022)
9 prashanth.chennakesavan@ltlattorneys.com

10 LTL ATTORNEYS LLP

300 S. Grand Avenue
11 Suite 3950
Los Angeles, California 90071-3426
12 Telephone: (213) 612-8900
13 Attorneys for Defendant and Cross-Complainant
Nouvel, LLC
14

15 SUPERIOR COURT OF THE STATE OF CALIFORNIA

16 COUNTY OF LOS ANGELES

17 WILLIAM B. PITT, an individual, and Case No. 22STCV06081

MONDO BONGO, LLC, a California
18 limited liability company, NOTICE OF AND UNOPPOSED
Plaintiffs, MOTION FOR ISSUANCE OF A
19 vs. LETTER OF REQUEST FOR
INTERNATIONAL JUDICIAL
20 ANGELINA JOLIE, an individual, and ASSISTANCE PURSUANT TO THE
NOUVEL, LLC, a California limited HAGUE CONVENTION OF 18
21
liability company, YURI SHEFLER, an MARCH 1970 ON THE TAKING OF
22 individual, ALEXEY OLIYNIK, an EVIDENCE ABROAD
individual, SPI GROUP HOLDING
23 LIMITED, a Cyprus private limited Reservation No.: 533041413411
company, and TENUTE DEL MONDO Date: December 12, 2024
24 B.V., a Netherlands private limited Time: 9:00 a.m.
company, Dept.: 3
25

26 Defendants. Action Filed: February 17, 2022

NOUVEL, LLC, a California limited
27 liability company,
28

UNOPPOSED MOTION FOR ISSUANCE OF A LETTER OF REQUEST FOR INTERNATIONAL JUDICIAL

ASSISTANCE PURSUANT TO THE HAGUE CONVENTION ON THE TAKING OF EVIDENCE ABROAD
 Cross-Complainant,
1 vs.
2 WILLIAM B. PITT, an individual,
MONDO BONGO, LLC, a California
3 limited liability company, MARC-
OLIVIER PERRIN, an individual, SAS
4 MIRAVAL PROVENCE, a French limited
liability company, SAS FAMILLES
5
PERRIN, a French limited liability
6 company, ROLAND VENTURINI, an
individual, GARY BRADBURY, an
7 individual, WARREN GRANT, an
individual, and ROES 1-10.
8
Cross-Defendants.
9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28
2
JOINT MOTION FOR ISSUANCE OF A LETTER OF REQUEST FOR INTERNATIONAL JUDICIAL
ASSISTANCE PURSUANT TO THE HAGUE CONVENTION ON THE TAKING OF EVIDENCE ABROAD
 1 TO ALL PARTIES AND THEIR COUNSEL OF RECORD:

2 PLEASE TAKE NOTICE that on December 12, 2024 at 9:00 a.m., or as soon thereafter

3 as this matter may be heard, in Courtroom 3, located at 111 North Hill Street, Los Angeles,

4 California, 90012, Nouvel, LLC will move the Court, pursuant to Article 3 of the Hague

5 Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters,

6 28 U.S.C. section 1781, to issue a letter of request to the French Ministry of Justice seeking

7 assistance in obtaining the production of certain documents in the possession of Cross-Defendants

8 Marc-Olivier Perrin, SAS familles Perrin, and SAS Miraval Provence.

9
Dated: April 16, 2024 By: /s/ Joe H. Tuffaha
10
LTL ATTORNEYS LLP
11 Joe H. Tuffaha
joe.tuffaha@ltlattorneys.com
12
Prashanth Chennakesavan
13 prashanth.chennakesavan@ltlattorneys.com
300 South Grand Avenue, Suite 3950
14 Los Angeles, CA 90071-3426
Telephone: (213) 612-8900
15 Facsimile: (213) 612-3773
16
CRAVATH, SWAINE & MOORE LLP
17 Keith R. Hummel (admitted pro hac vice)
Justin C. Clarke (admitted pro hac vice)
18 Jonathan D. Mooney (admitted pro hac
vice )
19 825 Eighth Avenue
20 New York, NY 10019-7475
Telephone: (212) 474-1000
21
Attorneys for Defendant and Cross-
22 Complainant Nouvel, LLC
23

24

25

26

27

28
3
UNOPPOSED MOTION FOR ISSUANCE OF A LETTER OF REQUEST FOR INTERNATIONAL JUDICIAL
ASSISTANCE PURSUANT TO THE HAGUE CONVENTION ON THE TAKING OF EVIDENCE ABROAD
 1 UNOPPOSED MOTION FOR ISSUANCE OF A LETTER OF REQUEST FOR
INTERNATIONAL JUDICIAL ASSISTANCE PURSUANT TO THE HAGUE
2 CONVENTION OF 18 MARCH 1970 ON THE TAKING OF EVIDENCE ABROAD

3 Nouvel, LLC requests that, under Article 3 of the Hague Convention of 18 March 1970 on

4 the Taking of Evidence Abroad in Civil or Commercial Matters, 28 U.S.C. § 1781 (the

5 “Convention”), the Court issue the attached Letter of Request (the “Request”) (Exhibit A) to the

6 French Ministry of Justice seeking assistance in obtaining the production of certain documents in

7 the possession of Cross-Defendants Marc-Olivier Perrin, a citizen of France with a residence at

8 56 Boulevard du Roi Rene, 13100 Aix-en-Provence, France, SAS Familles Perrin, a French

9 limited liability company whose registered office is at La Ferrière, Route de Jonquières, 84100

10 Orange, France, and a citizen of France, and SAS Miraval Provence, a French limited liability

11 company whose registered office is at La Ferrière, Route de Jonquières, 84100 Orange, France,

12 and a citizen of France (collectively, the “Perrin Cross-Defendants”).1 The Perrin Cross-

13 Defendants do not oppose the motion. If this motion is granted, Nouvel, LLC (“Nouvel”) will

14 submit a certified translation of the Request to this Court.

15 I. BACKGROUND
16 The Court is familiar with the facts and procedural history of this case. In brief, this action
17 is a dispute over ownership and control of non-party Chateau Miraval S.A., a wine business and

18 residential estate incorporated and located in France (Second Amended Complaint (“SAC”) ¶ 32),

19 which is wholly owned by non-party Quimicum S.A. (“Quimicum”), a company incorporated in

20 Luxembourg. (Id.) Nouvel, LLC (“Nouvel”), a California limited liability company, previously

21 owned by Angelina Jolie, has an indirect ownership interest in Chateau Miraval as its sole asset.

22 Mr. William B. Pitt owns the remaining interest in Chateau Miraval through his limited liability

23 company, Mondo Bongo, LLC. Nouvel alleges that in 2021, Tenute del Mondo B.V. (“Tenute”),

24 a private limited company incorporated and headquartered in the Netherlands acquired Nouvel

25 from Ms. Jolie.

26

27 1
In their Motion to Quash, Marc-Olivier Perrin, SAS Miraval Provence, and SAS Familles Perrin
are referred to collectively as the “French Cross-Defendants”.
28
4
UNOPPOSED MOTION FOR ISSUANCE OF A LETTER OF REQUEST FOR INTERNATIONAL JUDICIAL
ASSISTANCE PURSUANT TO THE HAGUE CONVENTION ON THE TAKING OF EVIDENCE ABROAD
 1 Following the sale of Nouvel, Mr. Pitt and Mondo Bongo (collectively “Plaintiffs”) filed

2 this lawsuit in California against Ms. Jolie, Nouvel, and four foreign defendants, Yuri Shefler,

3 Alexey Oliynik, Tenute, and SPI Group Holding Limited (a private limited company incorporated

4 in Cyprus) under the laws of the United States challenging the legality of that sale. Ms. Jolie,

5 Nouvel, and Tenute demurred to Plaintiffs’ complaint on the basis that it fails to state a claim on

6 which relief can be granted, and Yuri Shefler, Alexey Oliynik and SPI Group Holding Limited

7 moved to quash service of summons of the Second Amended Complaint for lack of personal

8 jurisdiction. Mr. Shefler and SPI Group Holding Limited’s motions have been granted and

9 Mr. Oliynik’s motion is still pending.

10 Nouvel has brought counterclaims against Plaintiffs and Marc-Olivier Perrin, SAS Miraval

11 Provence, SAS Famille Perrin, Roland Venturini, Gary Bradbury, Warren Grant, Petrichor, Vins

12 et Domaines Perrin SC, SAS Miraval Studios, SAS Le Domaine2 and SAS Distilleries de la

13 Riviera (collectively “Cross-Defendants”). Nouvel alleges that Cross-Defendants misappropriated

14 Chateau Miraval funds; imposed a shareholder deadlock that prevented Quimicum (which owns

15 100% of Chateau Miraval) from effectively supervising Chateau Miraval; and misappropriated

16 Chateau Miraval’s intellectual property assets. Plaintiffs demurred to Nouvel’s complaint on the

17 basis that it fails to state a claim on which relief can be granted. On March 18, 2024, Plaintiffs’

18 demurrer was overruled in part and sustained in part. The remaining Cross-Defendants (Venturini,

19 Bradbury, the Perrin Cross-Defendants, SAS Petrichor, Vins et Domaines Perrin SC, SAS Miraval

20 Studios, SAS Le Domaine and SAS Distilleries de la Riviera) moved to quash service of summons

21 for lack of personal jurisdiction.

22 On September 20, 2023, the Perrin Cross-Defendants filed a Motion to Quash Nouvel’s
23 First Amended Complaint for lack of personal jurisdiction. Nouvel then served its first set of

24 Requests for Production (RFPs) regarding personal jurisdiction on the Perrin Cross-Defendants,

25 which Nouvel contends seek documents relevant to whether the Perrin Cross-Defendants are

26

27 2
Although named in Nouvel’s First Amended Cross-Complaint as SASU Le Domaine, the
entity’s legal name is SAS Le Domaine.
28
5
UNOPPOSED MOTION FOR ISSUANCE OF A LETTER OF REQUEST FOR INTERNATIONAL JUDICIAL
ASSISTANCE PURSUANT TO THE HAGUE CONVENTION ON THE TAKING OF EVIDENCE ABROAD
 1 subject to this Court’s jurisdiction. Although the parties agreed on the scope of some of the RFPs,

2 the Perrin Cross-Defendants objected to producing those documents directly to Nouvel based on

3 French Law No. 68-678 of July 26, 1968 (the “French Blocking Statute”). The Perrin Cross-

4 Defendants stated to Nouvel that the French Blocking Statute forbids them from producing certain

5 categories of documents and information for use in foreign legal proceedings except through

6 procedures set forth in international treaties such as the Hague Convention of 18 March 1970 on

7 the Taking of Evidence Abroad in Civil or Commercial Matters (“Hague Convention”), and that

8 the French agency charged with supervising enforcement of the French Blocking Statute had

9 determined that Nouvel’s RFPs were subject to the French Blocking Statute. On January 22,

10 2024, Nouvel filed a Motion to Compel, requesting that this Court compel the Perrin Cross-

11 Defendants to, among other things, produce jurisdictional discovery under the California Code of

12 Civil Procedure. Briefing on Nouvel’s Motion to Compel concluded on February 26, 2024.

13 The hearing on Nouvel’s Motion to Compel was held on March 4, 2024, and this Court

14 denied the Motion to Compel.

15 The Perrin Cross-Defendants do not oppose the filing of this motion to facilitate

16 jurisdictional discovery through the Hague Convention.

17 II. ARGUMENT

18 Under Code Civ. Proc. § 413.10(c), this Court has the authority to issue letters of request
19 to foreign tribunals for execution. See Societe Nationale Industrielle Aerospatiale v. United States

20 Dist. Court for the Southern Dist. of Iowa, 482 U.S. 522, 524 (1987); S.E.C. v. Leslie, No. C 07-

21 03444, 2009 WL 688836, at *2 (N.D. Cal. Mar. 16, 2009) (“A court has the inherent authority to

22 issue a letter rogatory.”). “[L]etters of rogatory shall issue unless good cause is shown otherwise.”

23 Evanston Ins. Co. v. OEA, Inc., No. CIV S-021505, 2006 WL 1652315, at *2 (E.D. Cal. June 13,

24 2006); see also Masimo Corp. v. Sotera Wireless, No. 19CV1100, 2020 WL 6822823, at *1 (S.D.

25 Cal. Nov. 19, 2020) (granting plaintiff’s letter rogatory where defendant did not oppose the

26 request). Whether to issue a letter of rogatory is “a matter of discretion for the court.” Masimo

27 Corp., 2020 WL 6822823, at *1. This Request complies with the Hague Convention and is

28 appropriate because the parties have already agreed on the scope of the requests for production
6
UNOPPOSED MOTION FOR ISSUANCE OF A LETTER OF REQUEST FOR INTERNATIONAL JUDICIAL
ASSISTANCE PURSUANT TO THE HAGUE CONVENTION ON THE TAKING OF EVIDENCE ABROAD
 1 and the requests seek information that Nouvel contends is fundamental and important to resolving

2 a dispositive issue in this case.

3 The requested discovery is not opposed by the Perrin Cross-Defendants. Moreover, the

4 Perrin Cross-Defendants will be allowed to produce any confidential information called for by the

5 Request under the Protective Order entered by this Court. (Exhibit B.) As a result, there is good

6 cause to grant the request to issue the letter rogatory. See Masimo Corp., 2020 WL 6822823,

7 at *1.

8 Consequently, the circumstances of this case are proper for the application of the

9 procedures of the Hague Evidence Convention.

10 III. CONCLUSION

11 Nouvel respectfully requests, and the Perrin Cross-Defendants do not oppose, that the

12 attached Request be issued to the French Ministry of Justice, which is the Central Authority

13 designated by France for transmitting the Request to the court having authority to execute them in

14 the region where the Perrin Cross-Defendants are located.

15 ///

16 ///

17 ///

18 ///

19 ///

20 ///

21 ///

22 ///

23 ///

24 ///

25 ///

26 ///

27 ///

28 ///
7
UNOPPOSED MOTION FOR ISSUANCE OF A LETTER OF REQUEST FOR INTERNATIONAL JUDICIAL
ASSISTANCE PURSUANT TO THE HAGUE CONVENTION ON THE TAKING OF EVIDENCE ABROAD
 1 Dated: April 16, 2024

2 Respectfully submitted,

3 By: /s/ Joe H. Tuffaha

4 LTL ATTORNEYS LLP

Joe H. Tuffaha
5 joe.tuffaha@ltlattorneys.com
Prashanth Chennakesavan
6 prashanth.chennakesavan@ltlattorneys.com
7 300 South Grand Avenue, Suite 3950
Los Angeles, CA 90071-3426
8 Telephone: (213) 612-8900
Facsimile: (213) 612-3773
9
CRAVATH, SWAINE & MOORE LLP
10 Keith R. Hummel (admitted pro hac vice)
11 Justin C. Clarke (admitted pro hac vice)
Jonathan D. Mooney (admitted pro hac
12 vice )
825 Eighth Avenue
13 New York, NY 10019-7475
Telephone: (212) 474-1000
14

15 Attorneys for Defendant and Cross-

Complainant Nouvel, LLC
16

17

18

19

20

21

22

23

24

25

26

27

28
8
UNOPPOSED MOTION FOR ISSUANCE OF A LETTER OF REQUEST FOR INTERNATIONAL JUDICIAL
ASSISTANCE PURSUANT TO THE HAGUE CONVENTION ON THE TAKING OF EVIDENCE ABROAD
 Journal Technologies Court Portal

Court Reservation Receipt

Reservation
Reservation ID: Status:
533041413411 RESERVED

Reservation Type: Number of Motions:

Motion for Order (To Issue Letter of Request) 1
Case Number: Case Title:
22STCV06081 WILLIAM B. PITT, et al. vs ANGELINA JOLIE, et al.
Filing Party: Location:
Nouvel, LLC (Defendant) Stanley Mosk Courthouse - Department 3

Date/Time: Confirmation Code:

December 12th 2024, 9:00AM CR-A4WPFZLHDBVVTVRPC

Fees
Description Fee Qty Amount

Motion for Order (name extension) 0.00 1 0.00

TOTAL $0.00

Payment
Amount: Type:
$0.00 NOFEE

 Back to Main  Print Page

Copyright © Journal Technologies, USA. All rights reserved.