I threw my arms around her. I could feel her bones. My words caught in my throat. “Oh Mama, that would make me so happy.”
THIRTY-FOUR
Pienza, August 2017
GIULIA CALLED EARLY IN the morning. “I think I’ve found a procedural error,” she said. “It appears that you were right, Catherine. Gabriella did not receive proper notice of VinCo’s motion to conduct soil and plant testing.”
“That’s what Gabi said. She didn’t receive notice at all. But I thought she had been held in default,” Catherine said.
“That is incorrect. There has never been an order of default entered in this case. It’s true that no one appeared for Gabi on the day of the hearing, but Judge Riggioni did not declare Gabi to be in default. Even though Avvocato Santi did not show up, his appearance is still on file as Gabi’s attorney. He never withdrew it.”
Catherine smiled. “I get it. Since Santi still represented her, Lenzini was obligated to serve Santi with a notice and a copy of his motion. Are we sure Santi didn’t get notice?”
“The court file does not contain a copy of such a notice, which is required anytime a motion is filed. Also, I called Santi to confirm. He told me he never had notice of Lenzini’s motion. If he had received notice, he would have called Gabriella.”
“How soon can we get this before the judge?”
“I will drive to Siena today and file it. I will try to set the motion for Friday morning.”
* * *
JUDGE RIGGIONI’S COURTROOM WAS on the second floor of the large government complex where the province of Siena’s civil litigation courts were located. Giulia had scheduled the motion for 10:00 a.m. Lenzini entered the courtroom and laid his papers on the table. He gave a slight tug to the sleeves of his seersucker suit and smugly shook his head at Catherine and Liam as if to say this foolish motion is bothersome and annoying.
The courtroom personnel rose when Judge Riggioni entered. He looked to be in his late fifties, slightly gray at the temples and narrow-shouldered in his judicial robe. He smiled at the attorneys as he placed a copy of Giulia’s motion and the court file on his desk.
“Please explain the nature of your emergency, Avvocata Romano,” the judge said. “Why must my ruling be reevaluated at an emergency hearing?”
“Signor Presidente della corte,” she said, “with due respect, it is because it was entered without any notice to the defendant, Gabriella Vincenzo. As such, the order is voidable.”
The judge peered over his reading glasses at Lenzini and said, “Avvocato Lenzini, did you provide notice before the motion was heard?”
“It wasn’t necessary, Signor Presidente. She had been held in default.”
The judge thumbed through the court file and shook his head. “I do not see an order of default.”
“She abandoned her case when no one appeared at the trial. That is equivalent to a default. It isn’t necessary to prepare a notice once a litigant abandons the case.”
“Avvocato Santi is still of record as Signora Vincenzo’s lawyer, is he not?”
“His name is on the file, but he did not show up on the date you set. They abandoned their defense.”
The judge shook his head. “No. It is true they may have foregone their right to present evidence or to make an argument on the day I ruled, but that was essentially a decision to stand on their papers, not to abandon the case. There is no order of default and Signora Vincenzo is entitled to notice of any motion you present. Since you gave no notice, I vacate the order that allowed VinCo to enter the property for testing.”
“But, Your Excellency, I will simply bring the motion again, this time with notice, and you will end up making the same ruling because the property belongs to VinCo and they are entitled to make testing to preserve the farm.”
“If you please, Signor Presidente,” Giulia said, “it is presumptuous for Avvocato Lenzini to tell you what you will or will not do. Were the motion to be presented to you again, we would show that the testing is harmful to Signora Vincenzo’s operations, which she is entitled to conduct every day until she is deprived of possession. Further, I am working on a motion to reopen the case. Because no one appeared, you did not hear both sides of the argument. The constitution provides that I may petition to reopen the case if I am in possession of newly discovered evidence that would change the outcome.”
“And are you in possession of such evidence, Signorina Romano?”
“I am not prepared to discuss my evidence at this time, but I will do so shortly.”
The judge nodded. “Well, you only have twenty-six days before Signora Vincenzo must relinquish possession. I would suggest you plan to make such a showing well before then. But I want to admonish you not to bring such a motion unless you have solid evidence. Not mere supposition.” He looked at Lenzini. “In the meantime, I hereby vacate my previous order allowing testing. Signor Lenzini, VinCo may not enter the property before the possession date. Court is adjourned.”
“There is one more thing, Signor Presidente,” Giulia said. “Avvocato Lenzini and his workers came onto the property under the authority of the voidable order that you have just vacated. They took valuable vine cuttings from the property. In other words, they engaged in acts of pruning and harvesting. Prior to September 10, VinCo is not allowed to commence operations on the property. I request that you order Signor Lenzini and his client to return the valuable vine cuttings to Signora Vincenzo.”
The judge nodded. “Agreed. So ordered.”
“But, Your Honor, we are only testing for disease and mold,” Lenzini said nervously. “What is the harm?”
“Exactly the point. What is the harm? In twenty-six days, you may do all the testing you like. Return the cuttings. We are adjourned.”
On the way through the courthouse doors, Lenzini brushed hard against Liam.
“Well, excuse you, buddy,” Liam said. “I guess you had a bad day today.”
“You have won a minor skirmish—you have taken a hill but you cannot win the war. That’s how this goes, Mr. Toughguy. What you do not realize is that you have taken on a powerful enemy.”
“I’ve met tougher enemies than you.”
“It is not me, Mr. Taggart. I am only a spokesman. It is my client. You have kicked a sleeping lion.”
“Then I guess you’re in for an uncomfortable time this afternoon. I’d hate to be in your shoes, having to report to your lion that you got outlawyered.”
“You are a fool. VinCo will stop at nothing to get what it wants. Signora Vincenzo should have taken my offer. Now they will obliterate her. She will have nothing.” Lenzini shook his head and left the building.
“He just threatened Gabi,” Catherine said.
“I don’t think so. I think he warned us. I think he’s afraid of his client and what his client might do. What’s the chance that VinCo would try to harm Gabi or her property rather than lose it in a court battle?”
“Gabi thinks they covet her awards, her prize-winning wine,” Catherine said.
Liam shook his head. “It’s hard to believe that this is all about a blue ribbon. There’s something more involved. I’m sure of it.”
* * *
“NICE WORK TODAY, GIULIA,” Catherine said on the walk back to the car.
“We still have a long way to go in a very short time. We need to find out why the deed came from Carlo Vanucci. Mr. Vanucci apparently believed he had good title, and there must be a reason for that.”
“What about the property index books, the registry books? Won’t they show a grantor-to-grantee progression? Wouldn’t we find out how Quercia claims to be the owner? Might we see Vanucci’s name?” Liam asked.
Giulia stopped at the curb. “Perhaps, but as yet we do not have the book and time is of the essence.”
“Santi ordered it from storage and so did we.”
“Then it should be there. Let’s go to the Registrar of Titles. If it’s not there, we’ll ask for an expedited search for the book.”
THIRTY-FIVE
Bologna, December 1937
There were consequences and changes as a result of my mother’s imprisonment and release. For one, my father could breathe again. His worst fears had been assuaged. As to her rescue, he gave me far more credit than I merited. He saw me as heroic, which I did not deserve. After all, it was he and Uncle Wilhelm who found her and made the arrangements. Most importantly, Papa was now focused on getting himself out of Germany and moving us all to Vienna.
Mama, of course, had been traumatized. Every day was a quest to regain her equilibrium. For several days after our return, she didn’t want to be left alone. She came to rehearsals and sat in the theater. She was quiet, and I could sense her struggle to calm her mind and move on.
As for Mama and me, we saw each other in a different light. We had evolved. We developed a deep appreciation for the respective strengths of character that each of us had demonstrated. Ironically, her tragedy brought us closer together. I respected the fact that Mama didn’t want to talk about her confinement at Wittelsbacher, but little snippets would come out now and then, and I came to understand the terror of her ordeal and what a strong and determined woman she was.
Soon the holiday season arrived, and the timing could not have been better. Bologna became a magical city. The lights, the parades, the food and the holiday music filled the air with gaiety. No matter your religious beliefs, the pure joy of the season was sure to raise your spirits. It was true for me and it was true for Mama. Bologna was beginning to agree with her. We would often stop at a café or a bakery just to have an espresso and watch the bustle. No longer did she complain about the cobblestone streets or the noisy crowds. No longer did she make disparaging comparisons between life in Berlin and life in Bologna. She wanted no part of Berlin. Of course, she missed Papa, but the plans were for Papa to join the Vienna Philharmonic Orchestra next year and the two of them would settle in Vienna. Those thoughts carried her through many sad moments.
As for our daily life, Mama and I had developed a routine, a division of labor. I had my professional life and she assumed the responsibility of making our little apartment into a home. She was cooking meals on a regular basis and, even more important, she was eating them. She was a creative decorator and found ways to make our apartment deliciously warm and cozy. Above all, I saw the qualities in my mother that I had never appreciated before and I liked it a lot.
Papa wrote on a regular basis. We could expect at least one letter a week, sometimes more. They were upbeat and told us all about the happenings at the Philharmonic, but I could read between the lines. He was lonely too. I could tell he was counting the days until Vienna. Knowing that Mama would never come back to Berlin, he put the house on the market. Unfortunately, many Jewish homes were on the market as well, but ours was very nice and he hoped to find a buyer soon.
During the second week of December, Maestro Vittorio told me he needed to talk to me in private. He summoned me to his office. Oh, no, I thought. This cannot be good. What did I do now? He closed the door and motioned for me to sit down.
“You know, Ada, I gave you a golden opportunity here in Bologna. I was skeptical when Wilhelm sang your praises and told me how lucky I would be to have you in my orchestra. After all, you are young, inexperienced and, frankly, a woman. But I had a vacancy to fill. So, I took a chance on you, and you did not let me down. Ada, you are a gifted, talented woman and I am proud to have you in my orchestra.”
I sat there waiting for the axe to fall. Here it comes, I thought. The next word will be “but.”
“But,” he sighed, “I cannot promote you or move you up in the orchestra, no matter how superior your talent. I cannot feature you in solo numbers as I did in Traviata. I was harshly criticized by several senior members for embarrassing Rico, even though your performance was magnificent.”
Okay, I thought. Where is this leading?
“Ada, I feel it is my obligation to do something to further your career. I cannot let such a gifted artist pass through my life without doing whatever I can. Unfortunately, my hands are tied with my orchestra, but I have found an opportunity for you. Sister Maria Alicia is once again organizing her series of Christmas concerts at the Basilica. This is no small matter. She draws some of the finest musicians and singers in all of Italy for her series. Lina Cavalieri and Magda Olivero are the finest sopranos in Italy, and they are likely to perform in the series. I am certain that the great Beniamino Gigli will return to perform again this year. Ada, she needs a top-notch violinist in her ensemble, and there isn’t a violinist in Italy that wouldn’t jump at the opportunity. I have recommended you.”
I was floored. “Thank you. I don’t know what to say.”
Maestro smiled. “You are to meet with Sister Maria Alicia tomorrow night at six o’clock at the Basilica. She will fill you in on the selections and rehearsal times.”
“Thank you so much.”
“But,” he said, raising his index finger, “this is a side job. You are not excused from your duties with the orchestra. If there is a conflict down the road, we’ll deal with it at the appropriate time.” He stood. “Let me know how the meeting goes.”
I rushed home and gave the news to Mama. She was so excited, as happy as I’d seen her since we returned to Bologna. “We’ll have a celebration dinner tonight,” she said. “I’ve been working on my Bolognese cooking and I’m dying to try out a spinach lasagna. This is the perfect occasion.” It was so heartening to see her in such good spirits. “Why don’t you invite Franny and Natalia?” she said.
Then I remembered, I had already made plans with Natalia. She and her boyfriend were fixing me up with a friend of theirs and we were supposed to all go out together. I had totally forgotten and now Mama was making dinner. I couldn’t disappoint my mother. I told her I would go and ask Franny and Natalia if they were available, but my real purpose was to run to Natalia’s apartment and tell her I could not go out with them.
I was too late. Natalia and her boyfriend, Theo, were in her apartment having a glass of wine. Another fellow was sitting on the couch. “Ada, so glad you came early,” Natalia said. “I didn’t expect to see you so soon. Let me introduce you to Frederico.”
Frederico was dark-haired and tall, at least six inches taller than me. He wore a tweed sport coat over a black T-shirt and very tight pants. He had a broad smile and a dimple on his chin. All in all, he was very good-looking. “Delighted to meet you, Ada,” he said. “Can I pour you a glass of wine?”
“I’m glad to meet you as well, Frederico, but I have a problem. I’m sorry, but I’m going to have to cancel dinner tonight. This afternoon, I was offered a very special position. I’m going to play in the Christmas concert series at the Basilica.”
“Wow,” Natalia said. “That’s wonderful, but the series is two weeks away.”
“I know. When I got the offer, I ran home to tell Mama and she was so excited, she made a special dinner for us. I can’t disappoint her.”
Natalia nodded. She understood. Apparently, Frederico did not. He looked at me with an annoyed expression, shrugged his shoulders and started for the door. Then he turned around and said, “Theo, I could have gone out with Angela tonight. I passed up a good date for this. Next time you ask me to do you a favor and take out some poor girl who has no social life, remind me to say no thanks.” And he left.
I looked at Natalia. “Poor girl? No social life? I was a favor? Seriously, Nat?”
“I didn’t phrase it like that, Ada. I’m sorry. You know, you don’t get out much, you haven’t been dating anyone. You work hard and spend most of your time with your mother. We just thought maybe…”
“I happen to love my mother. You know what we’ve been through, Nat.”
“Ada, you’re taking this all the wrong way. I didn’t say ‘poor girl’ or ‘no social life.’ I just mentioned that you weren’t dating anyone. Maybe you were too busy to meet boys. Frederico was a jerk to say what he said.”
That made me feel bad. Natalia
was trying to be a good friend. “It’s okay,” I said. “I know you meant well.”
“I really did. I was just trying to get you out of the house and into the Bologna social scene. I mean, you are a terrific girl—you should be dating someone. You don’t have anyone. I thought I could fix you up.”
I nodded. “I understand, but I do have someone. He’s a guy I’ve known since I was eleven.”
Natalia bit her lower lip and smiled. “I didn’t know. You never mentioned him. Where is he?”
“He’s in the army.”
“The army? The German army? Your boyfriend is a Nazi?”
“It’s complicated. He’s really not a Nazi, but I guess he is. It’s not at all what you think. He’s just a soldier. He abhors the politics. Above all, he’s very kind and he loves me.” I shrugged. “It’s complicated, but I really like him.”
“When is the last time you heard from him?”
“It’s been a while. But I know he still loves me. We have plans to get together when he gets out of the army. Now I have to get back to Mama. I’m sorry I screwed up your evening.”
Natalia gave me a hug and said, “Don’t worry. You didn’t screw up anything. Frederico was a jerk anyway. You need to take care of your mama after what she’s been through.”
“Thanks, Nat. She’s had a rough time and she misses my father. I’m really all she’s got, at least until next June.”
“What’s happening next June?”
“My father is going to leave Berlin and join the Vienna Philharmonic. Mama’s going to join him there. A fresh start in a new place. Who knows, maybe I’ll go with her.”
Natalia grimaced and shook her head.
“What?” I said. “Why the look?”
“It’s out of the frying pan and into the fire,” she said with a shrug. “You won’t find any greener grass in Austria.”
The Girl from Berlin--A Novel Page 19
