Jeffrey J. Gogul v. Denya Fanelli

Filing 40

CONSENT DECREE 39 by Judge Hernan D. Vera. It is ORDERED, ADJUDGED, AND DECREED as follows: 1. Defendant and Counter-Claimant, Denya Fanelli ("Fanelli"), shall immediately notify the United States Equestrian Federation that Plai ntiff and Counter-Defendant, Jeffrey J. Gogul, ("Gogul") is a co-owner of that that Grey, Warmblood gelding by Cardento, out of Vanita, foaled in 2010 known as and registered with the United States Equestrian Federation ("USEF&qu ot;) as "The Funk Zone" (Horse No. 5723566) (the "Horse"). Accordingly, Ms. Fanelli is ordered to complete the USEF Ownership Transfer Form online adding as a co-owner Mr. Gogul as he is known by USEF: Jeff Gogul, USEF Mem ber No. 118106. Ms. Fanelli shall be responsible for paying the fee for such a transfer. This task must be performed by Ms. Fanelli as the parties have been informed by USEF, that it does not provide for any other method of adding a co-owner. 2. Once the transfer is complete, Ms. Fanelli shall provide Mr. Gogul, through counsel, with a copy of all email confirmation from USEF of the transfer request and all email certificates she receives. 3. The parties are ordered to execute the C o-Ownership Agreement attached to the Settlement as its Exhibit 2. 4. Ms. Fanelli agrees that by no later than December 30, 2024, she shall notify Lori Puthoff, Carol Wilner, and Julie Winkle with a letter in the form attached to the Settlement as Ex hibit 3 advising these individuals to provide Mr. Gogul with all veterinary records of the Horse, and the names of all veterinarians who have treated the Horse while in their possession. 5. Within 24 hours after sending such letter, Ms. Fanelli shall provide Mr. Gogul, through counsel, with evidence that the letters were sent. [See order for further details] ( MD JS-6. Case Terminated ) (lom)

JS-6

January 7

EXHIBIT 

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If to FANELLI:
Christopher Norton, Esq.
1901 Avenue of the Stars, Suite 200
Los Angeles, CA 90067
Telephone: [phone]

EXHIBIT 1

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA - WESTERN DIVISION

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JEFFREY J. GOGUL,

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Plaintiff,

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vs.
DENYA FANELLI individually
and doing business as CALI
COAST EQUESTRIAN,

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CONSENT DECREE

Defendant.
DENYA FANELLI individually
and doing business as CALI
COAST EQUESTRIAN,

Complaint filed: December 20, 2023
Trial Date:
May 6, 2025

Counter-Claimant,

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Case No. 2:23-cv-10690-HDV-RAO
(Assigned to Honorable Hernán D. Vera
and Magistrate Judge, Honorable
Rozella A. Oliver)

v.
JEFFREY J. GOGUL,
Counter-Defendant.

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The parties desire to avoid further litigation and have reached agreement,

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which is memorialized in Exhibit 1 of this Consent Decree. Neither Defendant

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nor Counter-Defendant admits any liability or wrongdoing on their part and this

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Consent Decree shall not constitute any admission on their part of any liability or

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wrongdoing here. Certain portions of the agreement between the parties require

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further action and accordingly, they wish that the court retain jurisdiction over this

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matter for the purposes of enforcing certain portions of the agreement by and

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between the parties: Accordingly,

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//

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//

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JOINT STIPULATION

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It is ORDERED, ADJUDGED, AND DECREED as follows:
1. Defendant and Counter-Claimant, Denya Fanelli (“Fanelli”), shall

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immediately notify the United States Equestrian Federation that Plaintiff

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and Counter-Defendant, Jeffrey J. Gogul, (“Gogul”) is a co-owner of that

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that Grey, Warmblood gelding by Cardento, out of Vanita, foaled in 2010

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known as and registered with the United States Equestrian Federation

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(“USEF”) as “The Funk Zone” (Horse No. 5723566) (the “Horse”).

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Accordingly, Ms. Fanelli is ordered to complete the USEF Ownership

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Transfer Form online adding as a co-owner Mr. Gogul as he is known by

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USEF: Jeff Gogul, USEF Member No. 118106. Ms. Fanelli shall be

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responsible for paying the fee for such a transfer. This task must be

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performed by Ms. Fanelli as the parties have been informed by USEF, that

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it does not provide for any other method of adding a co-owner.

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2. Once the transfer is complete, Ms. Fanelli shall provide Mr. Gogul, through

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counsel, with a copy of all email confirmation from USEF of the transfer

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request and all email certificates she receives.

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3. The parties are ordered to execute the Co-Ownership Agreement attached to
the Settlement as its Exhibit 2.

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4. Ms. Fanelli agrees that by no later than December 26, 2024 she shall notify

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Lori Puthoff, Carol Wilner, and Julie Winkle with a letter in the form

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attached hereto as Exhibit 3 advising these individuals to provide Mr.

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Gogul with all veterinary records of the Horse, and the names of all

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veterinarians who have treated the Horse while in their possession.

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5. Within 24 hours after sending such letter, Ms. Fanelli shall provide Mr.

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Gogul, through counsel, with that the letters were sent.
6. This court shall retain jurisdiction over this matter for the purpose of
enforcement of the agreement by and between the parties.

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JOINT STIPULATION

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Dated:________________, 20__

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_________________________

Honorable Hernán D. Vera
Judge

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Approved:

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_________________________

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ADINA T. STERN,
A PROFESSIONAL LAW CORPORATION
Adina T Stern
Attorneys for Plaintiff/Counter-Defendant
Jeffrey J. Gogul

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_________________________

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SEGAL McCAMBRIDGE
SINGER & MAHONEY, LTD.
Christopher P. Norton
David A. Carnie
Michael Cohen
Attorney for Defendant/Counter-Claimant,
DENYA FANELLI individually
and doing business as CALI COAST EQUESTRIAN

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JOINT STIPULATION

EXHIBIT 2

EQUINE CO-OWNERSHIP AGREEMENT
This Equine Co-Ownership Agreement (the “Agreement”) is being entered into as of
December 16, 2024, by Jeffrey Gogul (“Gogul”) and Denya Fanelli (“Fanelli”). Gogul and Fanelli
shall be collectively referred to as the “Parties” or individually as a “Party.”
RECITALS
WHEREAS on or about February 24, 2021, Gogul and Fanelli jointly purchased the Grey,
Warmblood gelding by Cardento, out of Vanita, foaled in 2010 known as and registered with the
United States Equestrian Federation (“USEF”) as “The Funk Zone” and also commonly known as
“Rio” (Horse No. 5723566) (the “Horse”).
WHEREAS the Parties entered into an oral agreement on or about February 24, 2021, and
subsequently had disputes that resulted in litigation in that action entitled filed an action in the
United States District Court, Central District of California, Western Division on December 20,
2023, entitled Gogul v. Fanelli, Case No. 2:23-cv-10690-HDV-RAO (the “Action”).
WHEREAS the Horse was leased to Lori Puthoff (“Puthoff’) during the calendar year
2023 (the “2023 Lease”) and all payments for the 2023 Lease were retained by Fanelli. The Horse
was re-leased to Puthoff pursuant to a renewal of the 2023 Lease (the “2024 Renewal Lease”) and
Fanelli retained those payments as well. The 2024 Renewal Lease will expire on December 31,
2024.
WHEREAS concurrent with this Agreement, the Parties are executing a Mutual General
Release and Settlement Agreement (the “Settlement Agreement”) and Consent Decree (the
“Consent Decree”) which resolves all claims relating to the Horse and the Action through and
including the date of execution of this Agreement, and this Agreement is intended to govern the
relationship between the Parties thereafter.
NOW, THEREFORE, in consideration of the foregoing Recitals, mutual covenants
contained in this Agreement and for other valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. Purpose of the Agreement. To set forth the terms and conditions of the co-ownership of
the Horse by Gogul and Fanelli. The purpose of this co-ownership is to lease or sell the Horse and
maximize the Parties’ investment in the Horse.
2. Registration of the Horse. Concurrent with execution of this Agreement, Fanelli shall
complete
the
USEF
Ownership
Transfer
Form
online
(initiated
at
https://members.usef.org/horses/transfer/select adding Jeff Gogul, USEF Member No. 118106 as
owner of the Horse and shall pay the fee associated with such transfer. Fanelli shall provide Gogul,
through counsel (identified in Section 20 of this Agreement) (“Gogul’s Counsel”), with a copy of
all email confirmations from USEF and any email certificate provided by USEF.
3. Incorporation of Settlement Agreement. The terms of the Settlement Agreement are
incorporated herein by this reference. In the event of a conflict between the Settlement Agreement
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and this Agreement, the Settlement Agreement shall prevail. Delay, or failure of the Court (in the
Action) to execute the Consent Decree, shall not have an effect on this Agreement which shall be
binding on the Parties from the date of execution of this Agreement, until terminated.
4. Disclosures. No information regarding the Horse shall be concealed by either Party from
the other. Any information provided to a Party regarding the Horse (including, without limitation,
information provided by any veterinarian, farrier or other practitioner who has examined the Horse,
current or former lessees, potential purchasers, sales agents, riders, appraisers, horse show
managers, USEF representatives, serious potential lessors or buyers, and/or any person or persons
having material information regarding the Horse) shall be provided by the Party receiving the
information to the other Party. The Parties shall disclose all commissions paid to or received by
any individual arising from or relating to the lease or sale of the Horse. Nothing contained herein
requires the disclosure of attorney/client privileged information, and nothing contained herein will
prevent the Parties from communicating with one another through their respective counsel (as
identified in Section 20 of this Agreement) if they choose not to communicate directly.
5. Distribution of Income from the Horse. The Parties agree that Fanelli owes Gogul the
sum of Fifty-Five Thousand Dollars ($55,000.00) (the “Stipulated Sum”) for profits held by
Fanelli arising from the joint ownership of the Horse. Payment of the Stipulated Sum shall be made
as set forth in Sections 5.1through 5.5 of this Agreement.
5.1
Payment of Stipulated Sum from Lease Proceeds. The Parties agree that Gogul
shall be paid the Stipulated Sum from all lease proceeds from the Horse as follows:
5.1.1
If the Horse is leased for use at any time during the period commencing
January 1, 2025, and ending November 30, 2025, Gogul shall be paid the greater of the
following: (i) Eighty percent (80%) of the lease fee; or (ii) Eighty-Eight Thousand Dollars
($88,000.00) or (iii) the full lease amount (total payment to Gogul shall not to exceed
$33,000 in addition to or above 50 percent of the lease in the event the 2025 lease is greater
than the 2024 lease ). The difference between (50%) of such lease fee and the amount
received by Gogul will go towards repayment of the Stipulated Sum.
5.1.2
If the Horse is leased between December 1, 2025, and November 30, 2026,
Gogul shall be paid 50% of the lease fee plus the remaining amount due from the Stipulated
Sum. If the lease fee is not sufficient to pay down the Stipulated Sum, the balance will
carry over to the next transaction that generates income from the Horse.
5.2
Payments of Stipulated Sum from Sales Proceeds. If the Horse should be sold,
Gogul shall receive fifty percent (50%) of the sales price plus an amount equal to the balance
remaining of the Stipulated Sum.
5.3
Payment of the Stipulated Sum from Insurance Proceeds. If there is a casualty
event that triggers payment from insurance, as defined under the applicable insurance policy
for the Horse, after payment of the Horse’s expenses related to such casualty, Gogul shall
receive fifty percent (50%) of the insurance proceeds plus an amount equal to the balance
remaining of the Stipulated Sum. The remaining amount shall be retained by Fanelli.
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5.4
No Prepayment Penalty. Nothing contained herein shall prevent Fanelli from
prepaying the amount due on the Stipulated Sum.
5.5
Payment of the Stipulated Sum Pursuant to Consent Decree. In the event the
Horse cannot generate sufficient revenue to completely pay off the Stipulated Sum by
November 30, 2027, the remaining unpaid balance of the Stipulated Sum shall become due
and payable as a judgment pursuant to the Consent Decree.
5.6
Division of Profits After the Stipulated Sum is Repaid. Once the Stipulated Sum
is repaid to Gogul, the Parties shall divide the profits generated by the Horse equally after
payment of costs and expenses as set forth in Section 12 of this Agreement.
6. Warranties and Representations
6.1

Fanelli Warranties and Representations:

6.1.1
Fanelli warrants and represents that she has not transferred any right title or
interest in the Horse to any other person or entity and the Horse is free of any liens
(including agister’s liens), encumbrances, and has all requisite rights and powers to enter
into this Agreement.
6.1.2
Fanelli warrants and represents that except as specified in this section, to
the best of her knowledge, the Horse is currently sound and in good physical condition,
and Horse has no previous illnesses, lameness or other physical conditions that may affect
his current or future performance. Exceptions are: none known.
6.1.3
Fanelli warrants and represents that to the best of her knowledge, the Horse
does not exhibit any behavioral issues uncommon for a horse of Rio’s age, experience, and
temperament.
6.1.4
Fanelli warrants and represents that she has not entered into any lease
agreement for the Horse for its use after December 31, 2024.
6.1.5
Fanelli warrants and represents that the Horse is currently insured with
Great American Insurance Group pursuant to Policy No. ___________.
6.2 Gogul Warranties and Representations:
6.2.1
Gogul warrants and represents that he has not transferred any right title or
interest in the Horse to any other person or entity and the Horse is free of any liens
(including agister’s liens), encumbrances, and has all requisite rights and powers to enter
into this Agreement.

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6.2.2
Gogul has not had custody or control of the Horse or communications with
Puthoff or anyone who trains the Horse and therefore is unable to make any warranties or
representations relating to the Horse’s current soundness and physical condition and is
relying upon Fanelli to provide all such information.
6.2.3
Gogul has not had custody or control of the Horse or communications with
Puthoff or anyone who trains the Horse and therefore is unable to make any warranties or
representations relating to whether or not the Horse has any behavioral issues and is relying
upon Fanelli to provide all such information.
6.2.4
Gogul warrants and represents that he has not entered into any lease
agreement that will go into effect after the expiration of the 2024 Lease Renewal.
7. Insurance. The Parties agree that during the term of the Agreement, the following types
of insurance shall be maintained for the Horse: (a) medical insurance; and (b) mortality insurance
in an amount at least equal to whichever is less: (a) the Horse’s fair market value, or (b) an amount
such that the annual premium is no greater than Ten Thousand Dollars ($10,000.00). Upon
execution of this Agreement, Fanelli shall provide Gogul with contact information for the agent
handling the Horse’s current insurance policy and Gogul shall be responsible for paying the
Horse’s insurance commencing January 1, 2025, and Fanelli shall reimburse Gogul for fifty (50%)
percent of all costs and premiums related to such insurance that are not reimbursed by a lessee
pursuant to Section 12 of this Agreement. In the event that a claim must be made under an
applicable policy, the Parties agree to cooperate in good faith, including, but not limited to, timely
obtaining all approvals that may be necessary or advisable from the insurance company, and
providing all information and documentation requested by the insurance company.
8. Indemnity.
8.1
Fanelli Indemnity. Fanelli shall indemnify, defend, and hold Gogul harmless for
any and all claims, actions or damages arising from or related to any and all acts of Fanelli
related to the Horse, the Action, or the breach of her obligations under this Agreement or the
Settlement Agreement.
8.2
Gogul Indemnity. Gogul shall indemnify, defend, and hold Fanelli harmless for
any and all claims, actions or damages arising from or related to any and all acts of Gogul
related to the Horse, the Action, or the breach of his obligations under this Agreement or the
Settlement Agreement.
9. Arbitration. ANY PARTY HERETO MAY REQUIRE THE ARBITRATION OF ANY
DISPUTE ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY
RELATED AGREEMENT. SUCH PARTY MAY INITIATE AND REQUIRE ARBITRATION
BY GIVING NOTICE TO THE OTHER PARTY SPECIFYING THE MATTER TO BE
ARBITRATED.

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IN THE EVENT OF ANY DISPUTE CONCERNING OR ARISING OUT OF THIS
AGREEMENT (THAT IS NOT COVERED BY THE SUBJECT OF THE CONSENT DECREE),
SUCH DISPUTE SHALL BE SUBMITTED BY THE PARTIES TO BINDING ARBITRATION.
ARBITRATION PROCEEDINGS MAY BE COMMENCED BY EITHER PARTY GIVING THE
OTHER PARTY WRITTEN NOTICE THEREOF AND PROCEEDING THEREAFTER IN
ACCORDANCE WITH THE RULES AND PROCEDURES OF THE RELEVANT
ARBITRATOR FOR EXPEDITED ARBITRATIONS SUCH THAT A DETERMINATION MAY
BE MADE AS TO A PARTICULAR ISSUE WITHIN 60 DAYS. THE PARTIES AGREE TO
SEND ARBITRATIONS THAT REQUIRE IMMEDIATE DETERMINATION AND A
KNOWLEDGE OF EQUINE PRACTICE TO EITHER JUDGE JONATHAN H. CANNON
(RET.) AT JAMS OR JUDGE LINDA S. MARKS (RET.) AT JUDICATE WEST OR FRANK T.
BECKER, ESQ. OF EQUINE DISPUTE RESOLUTION IN LEXINGTON, KENTUCKY. ANY
DISPUTE THAT DOES NOT REQUIRE IMMEDIATE RESOLUTION SHALL BE
GOVERNED BY AND SUBJECT TO THE APPLICABLE LAWS OF THE STATE OF
CALIFORNIA (INCLUDING THE DISCOVERY PROVISIONS OF THE CALIFORNIA CODE
OF CIVIL PROCEDURE) AND THE PARTIES EACH CONSENT TO JURISDICTION BY THE
ARBITRATOR OVER THEM. THE PARTIES SHALL SELECT AN ARBITRATOR THAT HAS
A BACKGROUND IN EQUINE LAW AND SUCH ARBITRATION SHALL BE UNDER THE
AUSPICES OF AN ARBITRATION ORGANIZATION (OTHER THAN THE AMERICAN
ARBITRATION ASSOCIATION) THAT IS MUTUALLY AGREEABLE BY THE PARTIES.
THE ARBITRATOR’S AWARD IN ANY SUCH ARBITRATION SHALL BE FINAL AND
BINDING, AND A JUDGMENT UPON SUCH AWARD MAY BE ENFORCED BY ANY
COURT OF COMPETENT JURISDICTION.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT
DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE ARBITRATION OF
DISPUTES' PROVISION TO NEUTRAL ARBITRATION.
Date: _________________

Date: _________________

____________________________________
Jeffrey Gogul
____________________________________
Denya Fanelli

10. Consent as to Lease or Sale. The Parties agree that the Horse shall not be sold, leased, or
otherwise hypothecated in any way without the consent of both Fanelli and Gogul’s consent to the
price and terms of such transaction.
10.1 Lease Terms. The Parties agree that any lease shall contain the following terms:
(a) Lessee shall reimburse lessors for medical and mortality insurance premiums and shall
comply with all terms of the policy including any conditions precedent; (b) Reasonable
approval of all boarding stables and trainer utilized by lessee; (c) Reasonable limits on height
jumped by horses in shows and during practice. Reasonable limits on frequency of shows; (d)
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A waiver of liability; (e) Indemnification from third party claims and if Horse will be used by
a minor, indemnification by parents or legal guardians; (f) Annual leases shall end on
November 30th of the applicable year; and (g) Lessee shall be fully responsible for all care and
maintenance of Horse.
10.2 Selection of Lessee. If more than one potential lessee for the Horse is identified,
the Parties, through counsel (as set forth in Section 20 of this Agreement), shall meet and confer
to determine which lessee is more qualified, taking into account the following factors: (a) the
lease price; (b) the reputation of the facility and trainer with whom the Horse will train; (c) the
level and amount of work the Horse will perform under the new lease and its effect on the
Horse’s future value; (d) the skill and experience of the potential rider; and (e) the term of the
lease. If the Parties cannot agree on which lessee to select, the Horse shall be placed with the
lessee offering the highest lease fee for a minimum three-month period.
10.3 Sale Terms. If a Party receives a written offer to purchase the Horse, such Party
will notify the other Party of the offer and its terms within 24 hours. If the offer is equal to or
greater than Three Hundred Thousand Dollars ($300,000.00), the Parties shall accept the offer
subject to the right of first refusal set forth in Section 11 (“Right of First Refusal”). Each Party
shall execute all necessary transfer documents required for the sale of the Horse.
10.4 Payment of Expenses. Funds from the sale or lease of the Horse shall first be used
to pay the Horse’s expenses, including any commissions that may be owed in connection with
the sale or lease of the Horse, then to pay the Stipulated Sum, if any part of it has not been
paid, and then to each Party pro rata.
11. Right of First Refusal. Gogul grants to Fanelli the right, but not the obligation, to purchase
the Horse on terms and conditions specified in any bona fide offer to purchase the Horse at fair
market value or in excess of fair market value (the “Purchase Price”). If an offer is presented that
is mutually acceptable to the Parties, acting in good faith, Fanelli shall have three (3) days to match
the offer and purchase the Horse for an amount that is equal to fifty percent (50%) of the Purchase
Price plus the balance of the Stipulated Sum still due plus any reimbursement due to Gogul. If
Fanelli is in default for more than One Thousand Dollars ($1,000.00) under this Agreement, she
will not be entitled to the Right of First Refusal. The Parties understand that they have a duty of
good faith with respect to the sale of the Horse and Fanelli may not object to an offer if the Purchase
Price is more than she can pay within the indicated time.
12. Retirement. The Parties agree that once the Horse turns 20 years of age, or before such
time due to illnesses, lameness, or some other mental/physical condition (pursuant to the advice
of a mutually agreed to veterinarian), the Horse shall be retired following the conclusion of that
year’s lease, if any. The Parties further agree that upon the Horse’s retirement, the Horse will retire
to Fanelli’s care and Gogul will be relieved of any obligations to pay for expenses or costs
associated with the Horse, and Fanelli will not lease, sell, or attempt to profit from the Horse any
time after the Horse’s retirement. Once the Horse is retired, Gogul shall not retain any rights or
interest in the Horse as described in this Agreement, the Settlement Agreement, or the Consent
Decree.
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13. Payment of Costs and Expenses.
13.1

Reimbursement. From time to time when expenses arise relating to the Horse,
each Party agrees to pay their pro rata share of such expenses. If any Party is
required to reimburse the other Party for expenses incurred pursuant to this
Agreement, the reimbursing Party may require that the incurring Party provide
valid receipts specifically itemizing such expenses. If the incurring Party is unable
to provide the reimbursing Party with a receipt for a particular expense, the
reimbursing Party is relieved of their obligation to pay such expense until such time
as the incurring Party can provide a receipt or other proof of payment for the
expense.

13.2

Expenses. For purposes of this provision, acceptable expenses include mortality
insurance, major medical insurance, medication and supplements, farrier care,
veterinary care, transportation, board, feed, and marketing costs, sales
commissions, competition costs, where the Horse is ridden by someone other than
one of the Parties. Under no circumstances shall either Party be entitled to charge a
training fee if the Horse is in their care.

14. Location of Horse. If no new lessee for the Horse is determined prior to the expiration of
the 2024 Renewal Lease, the Horse shall be transferred to a sales barn that is mutually acceptable
to both Parties for marketing (the “Accepted Sales Barn”). The cost of the Accepted Sales Barn
shall either be borne equally by the Parties or paid from the proceeds of any future lease or sale.
The Accepted Sales Barn shall be made aware of the terms of this Co-Ownership Agreement and
shall be required to cooperate with both Gogul’s Counsel and counsel for Fanelli (as set forth in
Section 20 of this Agreement (“Fanelli’s Counsel”). The Accepted Sales Barn shall keep the
Parties and their respective counsel apprised of any developments in the marketing and care of the
Horse, and with respect to the terms of any future lease. During the term of this Agreement, if the
Horse is not leased, the Horse shall be kept at a location that best facilitates the purpose of this
Agreement as set forth in Section 1 and maximizes potential revenues and minimizes potential
costs. If the Parties cannot mutually agree upon a sales agent for the Horse, the Horse shall be
stabled at Gogul’s training stable. In the event the Horse becomes permanently disabled prior to
being sold, Fanelli shall take possession of the Horse and shall be responsible for all costs and
expenses of the Horse’s retirement.
15. Taxes. Each Party shall be liable and shall pay all income taxes that may be due by reason
of the lease or sale of the Horse. Any sales, use, or excise taxes, if applicable, shall be split evenly
by the Parties.
16. Standard of Care. While the Horse is in a Party’s care, custody, and control, that Party
shall use the highest level of care in caring for the Horse, including but not limited to providing a
an environment commensurate with the Horse’s value with respect to boarding, feed, veterinary
care, hoof care, grooming and exercise. If the Horse requires emergency or other non-routine
veterinary care, the Party in possession of the Horse shall notify the other Party immediately via
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telephone and/or text. The Parties shall concur with one another regarding the administration of
medications and supplements, farrier care, veterinary care, major maintenance costs, other care
such as chiropractic, massage therapy or other non-routine veterinary care. All individuals who
ride the horse shall do so with protective equipment including boots, gloves, and an ASTM/SEI
certified equestrian helmet.
17. No Assignments or Transfers. No Party may sell, assign, pledge, mortgage or otherwise
dispose of all or any portion of their ownership interests in the Horse or other rights pursuant to
this Agreement without the consent of the other Party. However, in the event of the death of one
Party, the other Party shall have the authority to make decisions with respect to the Horse but shall
set aside the pro rata share of the surviving Party and immediately distribute what would be the
deceased Party’s share to the deceased Party’s estate. In the event of incapacity of one Party (the
“Incapacitated Party”), if an urgent decision must be made that is in the interests of both Parties
and fulfills the purpose of this Agreement, the non-incapacitated Party shall have the power of
attorney to act on behalf of the Incapacitated Party with respect to the urgent matter relating to the
Horse.
18. No Salaries or Draws. Neither Party shall receive any salary for services rendered for the
co-ownership. No interest shall be paid for advances made by one Party for authorized costs and
expenses as set forth in Section 12, unless such advance is not reimbursed within sixty (60) days,
after which the advance shall bear interest at ten percent (10%) per annum.
19. Amendments and Modifications. The Parties may amend this Agreement only by a
written agreement executed by all Parties.
20. Waiver. No failure by any party to insist upon the strict performance of any covenant, duty,
agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a
breach thereof shall constitute a waiver of any such breach or any other covenant, duty, agreement
or condition.
21. Notice. Any notice or other communication required or permitted hereunder shall be in
writing and shall be deemed to have been given if: (a) personally delivered, (b) deposited in the
United States mail, registered or certified, postage prepaid, addressed to the Parties' as set forth
below, or (c) delivered by a recognized overnight mail carrier that provides proof of delivery. Until
all obligations under this Agreement are completed, each Party shall have the duty to notify the
other Parties immediately upon a change in contact information. If a Party does not provide the
other Parties with notice of such changes, a notice delivered to the last contact information given
under this Agreement shall be considered proper notice provided that the other conditions of this
section have been met. Nothing contained herein, however, shall prevent the Parties from
discussing matters amongst themselves if both Parties consent to communication in such manner;
but final determinations and notices required by this Agreement must be made in writing as called
for herein. Notices must be addressed to the Parties hereto at the following addresses, unless the
addresses have been changed by notice in accordance with this Agreement:
If to Gogul:
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______________________
______________________
______________________
With a copy to Gogul’s Counsel:
Adina T. Stern, Esq.
Adina T. Stern, a Professional Law Corporation
30021 Tomas Street, Suite 300
Rancho Santa Margarita, CA 92679
[phone]
[e-mail]
[e-mail]
If to Fanelli:
______________________
______________________
______________________
With a copy to Fanelli’s Counsel:
Christopher P. Norton, Esq.
Segal McCambridge Singer & Mahoney, Ltd.
1901 Avenue of the Stars, Suite 200
Los Angeles, CA 90067
[phone]
[e-mail]
[e-mail]
[e-mail]
22. Assignment or Transfer. No Party may assign or transfer this Agreement without the prior
written consent of the other Parties.
23. Construction. The language in all parts of this Agreement shall be construed simply
according to its fair meaning and not strictly for or against any of the Parties hereto. Whenever the
context requires, any pronoun used in this Agreement shall include the corresponding masculine,
feminine, and neuter forms, and the singular form of nouns, pronouns, and verbs shall include the
plural and vice versa.
24. Counterparts. This Agreement may be executed in counterparts, and all counterparts so
executed shall constitute one agreement, binding on all Parties hereto, notwithstanding that all of
the Parties are not signatory to the original or the same counterpart. Documents that are
electronically executed by DocuSign or similar technology shall be binding upon the Parties.
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25. Section Headings. The captions of the Sections in this Agreement are for convenience
only and in no way define, limit, extend or describe the scope or intent of any of the provisions
hereof, shall not be deemed part of this Agreement and shall not be used in construing or
interpreting this Agreement.
26. Survival of Rights. This Agreement shall be binding upon, inure to the benefit of, and be
enforceable by, the Parties hereto and their respective family members, administrators, trustees,
executors, personal representatives, successors and permitted assigns.
27. Entire Agreement. This Agreement contains the entire agreement among the Parties. Any
modifications or additions must be in writing and signed by all Parties to the Agreement. No oral
modifications will be considered part of the Agreement unless reduced to writing and signed by
all Parties.
28. Additional Documents and Further Actions. Each Party, upon the request of another
Party, agrees to perform all further acts and execute, acknowledge and deliver all documents which
may be reasonably necessary, appropriate or desirable to carry out the provisions of this
Agreement, including but not limited to acknowledging before a notary public any signature
heretofore or hereafter made by a Party.
29. Time of the Essence. Except as otherwise provided herein, time is of the essence in
connection with each and every provision of this Agreement.
30. Attorney’s Fees and Other Expenses. In any legal actions brought in connection with this
Agreement, the prevailing Party(ies) will be entitled to prompt payment of expenses from the other
Party(ies) following final adjudication in favor of the prevailing Party(ies). For the purpose of this
section, "expenses" will include the following costs actually incurred by the prevailing Party(ies):
attorneys' fees, retainers, court costs, transcript costs, fees of experts, witness fees, travel expenses,
duplicating costs, printing and binding costs, telephone charges, postage, delivery service fees, and
all other disbursements.
31. Severability. If any provision of this Agreement or the application thereof to any person
or circumstances is held invalid, such invalidity shall not affect other provisions or applications of
this Agreement which can be given effect without the invalid provision or application. In lieu
thereof there shall be added a provision as similar in terms to such illegal, invalid, and
unenforceable provision as may be possible and be legal, valid, and enforceable.
32. Advice of Counsel. Each Party hereto represents that they have been afforded the
opportunity to have an attorney of their choosing provide advice as to the effect of this Agreement
and Release, has investigated the facts they deem necessary and are not relying upon any
representations or acknowledgments, whether oral or in writing, of any other Party hereto, except
as contained herein. Further, each Party acknowledges they have read this Agreement, the
Settlement Agreement and the Consent Decree, and all exhibits thereto and understand their terms
and are executing this agreement voluntarily and with full knowledge of each agreement’s legal
significance.
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BY SIGNING THIS AGREEMENT I CERTIFY THAT I HAVE READ THE
FOREGOING AGREEMENT AND FULLY UNDERSTAND IT AND AGREE TO BE
BOUND BY IT.

Date: _________________

____________________________________
Jeffrey Gogul

Date: _________________

____________________________________
Denya Fanelli

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EXHIBIT 3

DATE
VIA EMAIL AND CERTIFIED MAIL
NAME
ADDRESS
EMAIL
Re:

Gogul v. Fanelli- USDC Case No. 2:23-vc-10690-HDV-RAO
The Funk Zone- Horse No. 5723566

Dear_____________________:
My office represents Denya Fanelli, the Defendant/Cross-Complainant in the aboveentitled action which concerns the ownership of that grey, warmblood gelding by Cardento, out
of Vanita, foaled in 2010 known as and registered with the United States Equestrian Federation
(“USEF”) as “the Funk Zone” (the “Horse”).
Please be advised that the Parties to this action, Ms. Fanelli and Jeffrey Gogul, have
resolved their dispute in this matter and have entered into a Mutual General Release and
Settlement Agreement and a Co-ownership Agreement. Pursuant to that Co-ownership
agreement, both parties shall be joint legal owners of the Horse.
Please allow this letter to serve as demand that you provide the following information to
Mr. Gogul’s counsel, Adina T. Stern, Adina T. Stern, a Professional Law Corporation, 30021
Tomas Street, Suite 300, Rancho Santa Margarita, CA92688; [e-mail] and
[e-mail] :
Names and addresses of any and all veterinarians who have treated the Horse while in
your possession.
All veterinary records for any care/services rendered to the Horse while in your
possession.
Kindly provide this information to Ms. Stern’s office within seven (7) days of receipt of
this letter. Please feel free to contact my office with any questions or concerns. We appreciate
your cooperation in this matter.