Faith & Flower

The mural will be the only thing looking over Coastal Luxury Management's shoulder at Faith & Flower.

With all the surprising and litigious plot twists at Cannery Row-based Coastal Luxury Management of late, this development comes as no surprise to insiders.

But the legions who loyally line up to conspiracy-theorize that the collapse of David Bernahl, CLM and its Pebble Beach Food & Wine dynasty are perpetually imminent may be caught a little off guard.

Last week a Los Angeles judge issued a verbal spanking to CLM's estranged partners in their decorated Faith & Flower restaurant in downtown L.A.

Similar results had emerged from previous suits from Faith & Flower co-owners Cindy and Jeff Troesh—which, in short, say mismanagement by CLM demonstrates they should take control—but their lawyers had successfully spun outcomes to appear more ambiguous.

At one point CLM counsel Scott Vick compared the phenomenon to Monty Python farce, referencing the Black Knight in Monty Python and The Holy Grail after he’s had his arms chopped off: “That’s like [the Black Knight] saying, ‘It’s a flesh wound.’”

As I wrote in January—with an intensive, in-depth look at the saga, "Looking for hope in the dramatic David Bernahl-Rob Weakley-Coastal Luxury Management breakdown"—CLM has responded to every complaint comprehensively and conclusively.

They also requested an independent forensic audit showing everything Bernahl and company have done is completely above board.  

Bernahl also points to the outpouring of critical affection as rather compelling evidence of their managerial wherewithal, rattling off recognition from Esquire (which called it one of the “Best New Restaurants in the Country”), Travel & Leisure, DuJour, Thrillist, Forbes Travel, Zagat, LA Magazine and Angeleno (who all named it to best new restaurant lists).

But because waning public budgets mean a court reporter wasn't present, the Troeshes' efforts to confuse the public about the hard-to-parse proceedings got a lot easier.

This time, CLM paid for a court-approved court reporter to record the back and forth.

Highlights from that transcript:

THE COURT: MY RECOLLECTION IS I SAID CLM'S IN CHARGE UNTIL SUCH TIME AS THE DEFENDANT—I'M SORRY—UNTIL SUCH TIME AS THE OTHER OWNER…DEMONSTRATES MISMANAGEMENT.

(That's L.A. Superior Court judge James C. Chalfant talking.)

The Troeshes' legal team was hoping to revisit an ex parte application in which they asked for an independent receiver—basically an outside accountant—to manage F&F’s books and put the Troeshes in control of day-to-day operations.

That was rejected, but the court agreed with CLM's generous (and strategically smart) offer to bring in a third party to watch the books, which the Troeshes spun as a win for them.

Judge Chalfant got a little annoyed to have this brought before him again, with Jeffrey Farrow arguing that the Troeshes could hold sway over who that third party and what they did. 

THE COURT: THAT IS, HAD THEY NOT MADE THIS OFFER, I WOULD HAVE DENIED YOUR EX PARTE APPLICATION OUTRIGHT AND LEFT THEM IN CHARGE. 

THE DETAILS HERE THAT [THE TROESHES' TEAM] IS ASKING FOR, THAT'S NOT PART OF YOUR OFFER, NOR IS IT PART OF MY ORDER.

THAT IS, CLM'S IN CHARGE.

CLM CAN FARM IT OUT TO THE THIRD-PARTY VENDOR HOWEVER IT WANTS TO.

Later he adds this:

I'M NOT HERE TO MICRO MANAGE HOW THE RESTAURANT IS RUN. CLM IS IN CHARGE OF THE RESTAURANT.

In other words, enough's enough.

Meanwhile the Troeshes has declined several buyout offers and a request for a counter offer.

Through it all, David Bernahl still laughs a lot. 

Even if having to pour a bunch of resources into warding off meritless and damaging lawsuits isn't that funny.

"The thing that sucks is spending all of this money just for a judge to say, 'You were right all along,'" he says, laughing. "No pot of gold. Just confirmation that no, I'm not a thief, no I'm not an asshole."

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