Preview
1 Collin J. Vierra (State Bar No. 322720)
EIMER STAHL LLP
2
99 Almaden Blvd., Suite 641
3 San Jose, CA 95113-1605
Telephone: (408) 889-1668
4
Email: cvierra@eimerstahl.com
5
Attorney for Plaintiffs
6
7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
8
COUNTY OF SAN MATEO
9
10
11 Robert Arntsen; Mary Lee; Arntsen Case No. 22-CIV-01148
Family Partnership, LP; and Brian
12 Christopher Dunn Custodianship; Date: July 29, 2022
13 Time: 9:00am
Plaintiffs, Dept. 21
14 v.
15 Hon. Robert D. Foiles
David M. Bragg; Kurtis Stuart Kludt;
16 Silicon Valley Real Ventures LLC; EXHIBITS TO MOTION TO
17 SVRV 385 Moore, LLC; SVRV 387 COMPEL AND FOR SANCTIONS
Moore, LLC; Gregory J. Davis; Kevin AGAINST DEFENDANTS DAVID
18 Wolfe; James Justesen; Paramont M. BRAGG, KURTIS S. KLUDT,
19 Woodside, LLC; and Paramont Capital, AND SILICON VALLEY REAL
LLC; VENTURES, LLC, AND
20 ATTORNEY RYAN VAN STEENIS
21 Defendants.
22
23
24
25
26
27
EXHIBITS TO MOTION TO COMPEL AND FOR SANCTIONS AGAINST DEFENDANTS
28 DAVID M. BRAGG, KURTIS S. KLUDT, AND SILICON VALLEY REAL VENTURES,
LLC, AND ATTORNEY RYAN VAN STEENIS
INDEX OF EXHIBITS
Exhibit No. Description
1 May 27, 2022 Plaintiffs' First Set of Discovery to D. Bragg
2 June 15, 2022 C. Vierra Email to M. Poe
3 July 10, 2022 C. Vierra Email to M. Poe
4 July 6, 2022 C. Vierra Email to M. Poe
5 July 6, 2022 Plaintiffs' Second Set of Requests for Production to K. Kludt
6 July 7, 2022 M. Poe Email to C. Vierra
7 July 15, 2022 C. Vierra Email to M. Poe
8 July 18, 2022 C. Vierra Email to M. Poe
9 August 5, 2022 C. Vierra Email to M. Poe and R. Van Steenis
10 August 8, 2022 C. Vierra Email to M. Poe
11 August 9, 2022 C. Vierra Email to M. Poe
12 August 10, 2022 M. Poe Email to C. Vierra
13 August 11, 2022 Emails between C. Vierra and M. Poe
14 March 18, 2022 Text Exchange Between D. Bragg and K. Kludt
15 March 12, 2022 Text Exchange Between D. Bragg and K. Kludt
16 May 12, 2022 Email from D. Bragg to R. Van Steenis and K. Kludt
17 May 16, 2022 Email from D. Bragg to R. Van Steenis, K. Kludt and M. Poe
18 April 8, 2022 Plaintiffs' Service Package to D. Bragg
19 May 27, 2022 Plaintiffs' First Set of Requests for Production to K. Kludt
20 May 27, 2022 D. Bragg Email to K. Kludt and R. Van Steenis
21 June 14, 2022 D. Bragg Email to R. Van Steenis and K. Kludt
June 27, 2022 Plaintiffs' Second Set of Special Interrogatories to D. Bragg and
22
SVRV
July 6, 2022 Plaintiffs' Second Set of Requests for Production and Third Set of
23
Special Interrogatories to D. Bragg
July 11, 2022 Plaintiffs' Third Set of Requests for Production to D. Bragg and
24
SVRV and Fourth Set of Special Interrogatories to D. Bragg
25 July 13, 2022 R. Van Steenis Email to C. Vierra
26 July 20, 2022 and July 26, 2022 C. Vierra Emails to R. Van Steenis
27 July 27, 2022 C. Vierra Email to R. Van Steenis
28 July 27, 2022 C. Vierra Second Email to R. Van Steenis
July 29, 2022 D. Bragg's and SVRV's Responses to Plaintiffs' Second Set of
29
Special Interrogatories
August 5, 2022 D. Bragg's and SVRV's Responses to Plaintiffs' Second Set of
30
Requests for Production
31 August 8, 2022 C. Vierra Email to R. Van Steenis
August 10, 2022 D. Bragg's and SVRV's Responses to Plaintiffs' Third Set of
32
Requests for Production
33 August 11, 2022 R. Van Steenis Email to C. Vierra
34 July 29, 2022 C. Vierra Email to R. Van Steenis
35 Cost Chart
Exhibit 1
1 Collin J. Vierra (State Bar No. 322720)
EIMER STAHL LLP
2 99 Almaden Blvd., Suite 642
San Jose, CA 95113-1605
3 Telephone: (408) 889-1668
4 Email: cvierra@eimerstahl.com
5 Attorney for Plaintiffs
6
7 SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
8
9
Robert Arntsen; Mary Lee; Arntsen Family Case No. 22-CIV-01148
10 Partnership, LP; and Brian Christopher Dunn
Custodianship; Dept. 21
11
12 Plaintiffs, Hon. Robert D. Foiles
v.
13 PLAINTIFFS’ FIRST SET OF
David M. Bragg; Kurtis Stuart Kludt; Silicon REQUESTS FOR PRODUCTION OF
14 Valley Real Ventures LLC; SVRV 385 DOCUMENTS DIRECTED TO
Moore, LLC; SVRV 387 Moore, LLC; DEFENDANTS DAVID M. BRAGG AND
15 Gregory J. Davis; Paramont Woodside, LLC; SILICON VALLEY REAL VENTURES
16 and Paramont Capital, LLC; LLC
17 Defendants.
18
19
20
PROPOUNDING PARTIES: PLAINTIFFS
21
RESPONDING PARTIES: DAVID M. BRAGG;
22 SILICON VALLEY REAL VENTURES, LLC
23 SET NUMBER: ONE
24
25
26
27
28 1
PLAINTIFFS’ FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS DIRECTED TO
DEFENDANTS DAVID M. BRAGG AND SILICON VALLEY REAL VENTURES LLC
1 Pursuant to California Code of Civil Procedure §§ 2031.010 et seq., Plaintiffs hereby
2 request that Defendants David M. Bragg and Silicon Valley Real Ventures, LLC identify and
produce the documents requested below to the law offices of Eimer Stahl LLP, 99 Almaden
3
Blvd., Ste. 642, San Jose, CA 95113-1605 on or before June 27, 2022.
4
I. DEFINITIONS
5
The following Definitions shall apply to the Instructions and to each of the Requests:
6 1. “Action” refers to the above-captioned action, Case No. 22-CIV-01448, filed in
7 the Superior Court for the State of California, San Mateo County.
8 2. “All” shall include the term “each,” and vice-versa, as necessary, to bring within
9 the scope of the Request all responses that might otherwise be construed to be outside the scope
of the Request.
10
3. “Communication(s)” means the transmittal of information (in the form of facts,
11
ideas, inquiries, or otherwise), or attempt to transmit information, whether written, oral,
12
electronic, or by any other means.
13 4. “Concerning” means relating to, referring to, describing, evidencing, or
14 constituting.
15 5. “Defendants” refers to any of the Defendants named in the above-captioned
Action and all of their corporate parents, subsidiaries, attorneys, accountants, officers, directors,
16
employees, partners, agents, or representatives.
17
6. “Document(s)” shall have the broadest meaning possible under California law,
18
including, but not limited to, the Definition of “writing” in California Evidence Code § 250, and
19 includes all originals and drafts, in any and all languages, of any nature whatsoever, in Your
20 (defined below) possession, custody, or control, regardless of where located, and includes, but is
21 not limited to, letters, correspondence, logs, drafts, contracts, prospective contracts, agreements,
22 records, studies, surveys, resolutions, tabulations, notes, summaries, memoranda, electronically
stored information (“ESI”), electronic mail (“e-mail”), instant messages, calendar or diary
23
entries, handwritten notes, working papers, worksheets, spreadsheets, diagrams, minutes,
24
agendas, bulletins, periodicals, circulars, advertisements, notices, announcements, invoices,
25 statements, checks (front and back), bank statements, ledgers, orders, vouchers, instructions,
26 drawings, charts, graphs, manuals, brochures, pamphlets, schedules, telegrams, teletypes,
27 photographs, audio tapes, voicemail messages, videotapes, electronic recordings, facsimile
28 2
PLAINTIFFS’ FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS DIRECTED TO
DEFENDANTS DAVID M. BRAGG AND SILICON VALLEY REAL VENTURES LLC
1 transmissions, and information of whatever kind, either stored on computers, including computer
2 disks, hard drives and other media for storage of ESI, or information recorded on any medium,
and every other written, typed, recorded, transcribed, filed, or graphic matter, whether sent,
3
received, or neither, and both sides thereof, including non-identical copies and drafts, in the
4
custody, possession, or control of the parties responding to this Request, their agents,
5 accountants, employees representatives, or attorneys, and things similar to any of the foregoing,
6 however denominated by the parties required to produce hereunder.
7 7. “Identify,” when used in reference to an individual, means that Person’s name,
8 address, telephone number, e-mail address, employer, and job title or position.
8. “Identify,” when used in any context other than as defined in the preceding
9
paragraph, shall mean a description of the subject to be identified and specification of the
10
Documents or Communications in which the subject is or was recorded, described, or referred
11
and all other information necessary to fully identify the subject.
12 9. “Meeting” means the contemporaneous presence, whether in person or through
13 any means of Communication, of any natural Persons, whether or not such presence was by
14 chance or prearranged and whether or not the Meeting was formal, informal, or occurred in
connection with some other activity.
15
10. “Person” means any natural person, public or private corporation, whether or not
16
organized for profit, governmental entity, partnership, association, cooperative, joint venture,
17
sole proprietorship, or other legal entity. With respect to a business entity, the term “Person”
18 includes any natural person acting formally or informally as a director, trustee, officer, agent,
19 attorney, or other representative of the business entity.
20 11. “Project” means the project described in the above-captioned Action to purchase,
develop, and/or sell the properties located at 385 Moore Road and 387 Moore Road in
21
Woodside, California.
22
12. “Referring” or “Relating to” or “Related to” means all Documents that comprise,
23
explicitly or implicitly refer to, were reviewed in conjunction with, or were created, generated, or
24 maintained as a result of the subject matter of the Request, including, without limitation, all
25 Documents that reflect, record, memorialize, embody, discuss, evaluate, consider, review, or
26 report on the subject matter of the Request.
27 13. “You,” “Your,” and “Yourself” refer to the Defendants to whom the following
28 3
PLAINTIFFS’ FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS DIRECTED TO
DEFENDANTS DAVID M. BRAGG AND SILICON VALLEY REAL VENTURES LLC
1 Requests are addressed and their agents, representatives, officers, directors, accountants,
2 insurance companies, attorneys, investigators, affiliates, predecessors, and successors in interest,
parents, divisions, subsidiaries, area and regional offices, and employees, including Persons or
3
entities outside the United States, or anyone acting on Your behalf.
4
14. The connectives “and” and “or” shall be construed either disjunctively or
5 conjunctively, as necessary, to bring within the scope of the Request all responses that might
6 otherwise be construed to be outside of its scope.
7 15. The use of the singular form of any word includes the plural and vice versa, and
8 the masculine, feminine, or neuter form of any words includes each of the other genders.
16. The use of any tense of any verb shall also include within its meaning all other
9
tenses of that verb.
10
II. INSTRUCTIONS
11
1. These Requests are continuing and require further and supplemental production
12
by You whenever You acquire or locate additional Documents between the time of these
13 Requests and the final resolution of this Action.
14 2. All Documents shall be produced in the order they are kept in the ordinary course
15 of business and shall be produced in their original folders, binders, covers, or containers or
facsimile thereof.
16
3. If a Document was prepared in several copies, or if additional copies were
17
subsequently made, and any such copies were not identical or are no longer identical by reason
18
of subsequent notation or modification of any kind whatsoever, including, without limitation,
19 handwritten notations on the front or back of the Document, all such non-identical copies shall
20 be produced.
21 4. Documents shall be produced in such fashion as to Identify the department,
22 branch, or office in which they were located and, where applicable, the natural Person in whose
possession they were found, and the business address of each Document’s custodian(s).
23
5. Documents shall be identified with the specific Request number to which the
24
Documents respond. See Cal. Code Civ. Proc. § 2031.280(a).
25 6. Documents attached to each other should not be separated.
26 7. These Requests relate to all Documents which are in Your possession, custody, or
27 control, or in the possession, custody, or control of Your predecessors, successors, parents,
28 4
PLAINTIFFS’ FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS DIRECTED TO
DEFENDANTS DAVID M. BRAGG AND SILICON VALLEY REAL VENTURES LLC
1 subsidiaries, divisions, or affiliates, or their respective officers, directors, agents, attorneys,
2 accountants, employees, partners, or other Persons occupying similar positions or performing
similar functions.
3
8. The Documents to be produced pursuant to these Requests specifically embrace,
4
in addition to Documents within Your possession, custody, or control, all Documents within the
5 possession, custody, or control of any of Your agents, accountants, representatives, or attorneys.
6 9. Documents also embrace originals and identical copies (whether different from
7 the original because of notes made thereon or otherwise) of the Documents described in these
8 Requests.
10. The fact that a Document has been or will be produced by another party does not
9
relieve You of the obligation to produce Your copy of the same Document, even if the two
10
Documents are identical in all respects.
11
11. You shall produce the original of each Document described below or, if the
12 original is not in Your custody, then a copy thereof, and in any event, all non-identical copies
13 which differ from the original or from the other copies produced for any reason, including, but
14 not limited to, the making of notes thereon.
12. If any Document falls within the scope of any Request, but is not being produced,
15
or is being produced with portions redacted, pursuant to any claim of privilege or confidentiality,
16
please provide a log containing the following information:
17
(a) the name of the privilege claimed (i.e., attorney-client, attorney work-
18 product, etc.);
19 (b) the name of the Person or entity claiming privilege and the name of the
20 attorney, if any, with respect to whom the privilege is claimed;
(c) the facts upon which You rely as the basis for claiming any privilege as to
21
the specific information or Document;
22
(d) the name of such Document; Identify the type of Document (i.e., letter,
23
memo, etc.); set forth the subject matter thereof; Identify the Person who prepared it, and
24 each Person (if any) who signed it; Identify each Person to whom it was directed,
25 circulated, or shown; and Identify each Person now in possession of the Document. If any
26 Document is produced in redacted form, the word “redacted” is to be placed in the
27 redacted section of the Document; and
28 5
PLAINTIFFS’ FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS DIRECTED TO
DEFENDANTS DAVID M. BRAGG AND SILICON VALLEY REAL VENTURES LLC
1 (e) whenever a Document is not produced in full or is produced in redacted
2 form, so indicate on the Document and state with particularity the reason or reasons it is
not being produced in full and describe to the best of Your knowledge, information, and
3
belief, and with as much particularity as possible, those portions of the Document which
4
are not being produced.
5 13. In the event that any Document called for by these Requests has been destroyed or
6 discarded, that Document is to be identified by stating:
7 (a) the nature of the Document;
8 (b) the names of any addressor or addressee;
(c) if there are any indicated or blind copies;
9
(d) the Document’s date, subject matter, number of pages, and attachments or
10
appendices;
11
(e) all Persons to whom the Document was distributed, shown, or explained;
12 (f) its date of destruction or discard and manner of destruction or discard; and
13 (g) the Persons authorizing and/or carrying out such destruction or discard.
14 14. With respect to any Documents which You contend would be in some way
“burdensome” or “oppressive” to produce, please state the specific reasons for that objection.
15
15. If You object to part of any Request, please furnish Documents responsive to the
16
remainder of the Request.
17
16. Each Request refers to all Documents that are either known by Defendants to
18 exist or that can be located or discovered by reasonably diligent efforts of Defendants.
19 17. The Documents produced in response to these Requests shall include all
20 attachments and enclosures.
18. All electronic Documents shall be produced in such fashion as to identify the
21
location, i.e., the network file folder, hard drive, back-up tape, or other location, where the
22
Documents are stored and, where applicable, the natural Person in whose possession they were
23
found and the business address of each Document’s custodian(s).
24
III. RELEVANT PERIOD
25 Unless otherwise noted, all Requests herein refer to the time period of January 1, 2017
26 through the date of production, inclusive, and shall include all Documents that relate, in whole or
27 in part, to such period even though dated, prepared, or received prior or subsequent to that
28 6
PLAINTIFFS’ FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS DIRECTED TO
DEFENDANTS DAVID M. BRAGG AND SILICON VALLEY REAL VENTURES LLC
1 period. If a Document prepared prior or subsequent to the Relevant Period is necessary for a
2 correct or complete understanding of any Document covered by a Request, You must produce
the prior or subsequent Document as well. If any Document is undated and the date of its
3
preparation cannot be determined, the Document shall be produced if otherwise responsive to the
4
Request.
5
IV. REQUESTS FOR PRODUCTION
6 REQUEST NO. 1:
7 All Communications between You and (1) the Plaintiffs and (2) anyone affiliated with
8 Silicon Valley Real Ventures, LLC relating to Plaintiffs’ investments with Silicon Valley Real
9 Ventures, LLC between January 1, 2012 and the present.
REQUEST NO. 2:
10
All Communications relating to the Project between You and any third parties involved
11
with the Project, including but not limited to real estate agents, realtors, brokers, loan officers,
12
lending agents, engineers, architects, landscape architects, inspection officers or agencies, and
13 permitting officials or agencies.
14 REQUEST NO. 3:
15 All Communications with any members of the Geyer family relating to the Project.
REQUEST NO. 4:
16
All Communications related to the sale or transfer of the Moore Road properties to
17
Silicon Valley Real Ventures, LLC, including all Communications with the sellers of the Moore
18
Road properties and their agents.
19 REQUEST NO. 5:
20 All financial, accounting, and governance Documents relating to Plaintiffs’ investments
21 with Silicon Valley Real Ventures, LLC between January 1, 2012 and the present, including but
22 not limited to bills, checks, receipts, certificates, ownership tables, projections, analyses, account
statements, tax records, balance sheets, income statements, cash flow statements, profit or loss
23
statements, investment agreements, operating agreements, and subscription agreements.
24
REQUEST NO. 6:
25 All financial, accounting, and governance Documents relating to the Project., including
26 but not limited to bills, checks, receipts, certificates, ownership tables, projections, analyses,
27 account statements, tax records, balance sheets, income statements, cash flow statements, profit
28 7
PLAINTIFFS’ FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS DIRECTED TO
DEFENDANTS DAVID M. BRAGG AND SILICON VALLEY REAL VENTURES LLC
1 or loss statements, investment agreements, operating agreements, and subscription agreements.
2 REQUEST NO. 7:
All Communications with, Documents provided to, and Documents received from,
3
Gregory J. Davis, Paramont Capital, LLC, and/or Paramont Woodside, LLC.
4
REQUEST NO. 8:
5 All Communications with, Documents provided to, and Documents received from, Kurtis
6 S. Kludt relating to Plaintiffs’ investments with Silicon Valley Real Ventures, LLC, including
7 the Project, between January 1, 2012 and the present.
8 REQUEST NO. 9:
All Documents relating to any loans that Plaintiffs extended to Silicon Valley Real
9
Ventures, LLC, including Documents reflecting the conditions on which the loans were extended
10
and how the loan proceeds were used.
11
REQUEST NO. 10:
12 Documents sufficient to show all Your joint or individual accounts, securities, financial
13 assets, real assets, personal assets, or any other assets, including but not limited to savings
14 accounts, checking accounts, retirement accounts, investment accounts, vehicles, real estate, and
land, worth $10,000 or more.
15
REQUEST NO. 11:
16
All Documents related to the sale of the Moore Road Properties, including Documents
17
sufficient to show any agreements with real estate brokers involved in the transaction.
18
19
20 Dated: May 27, 2022 By: ______________________
21 Collin J. Vierra
EIMER STAHL, LLP
22
Attorney for Plaintiffs Robert Arntsen,
23 Mary Lee, the Arntsen Family
Partnership, LP, and the Brian
24 Christopher Dunn Custodianship
25
26
27
28 8
PLAINTIFFS’ FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS DIRECTED TO
DEFENDANTS DAVID M. BRAGG AND SILICON VALLEY REAL VENTURES LLC
1 Collin J. Vierra (State Bar No. 322720)
EIMER STAHL LLP
2 99 Almaden Blvd., Suite 642
San Jose, CA 95113-1605
3 Telephone: (408) 889-1668
4 Email: cvierra@eimerstahl.com
5 Attorney for Plaintiffs
6 SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
7
8 Robert Arntsen; Mary Lee; Arntsen Family Case No. 22-CIV-01148
Partnership, LP; and Brian Christopher Dunn
9 Custodianship; Dept. 21
10 Plaintiffs, Hon. Robert D. Foiles
v.
11
PLAINTIFFS’ FIRST SET OF SPEICAL
12 David M. Bragg; Kurtis Stuart Kludt; Silicon INTERROGATORIES DIRECTED TO
Valley Real Ventures LLC; SVRV 385 DEFENDANTS DAVID M. BRAGG AND
13 Moore, LLC; SVRV 387 Moore, LLC; SILICON VALLEY REAL VENTURES,
Gregory J. Davis; Paramont Woodside, LLC; LLC
14 and Paramont Capital, LLC;
15
Defendants.
16
17
18 PROPOUNDING PARTIES: PLAINTIFFS
RESPONDING PARTIES: DAVID M. BRAGG;
19
SILICON VALLEY REAL VENTURES, LLC
20 SET NUMBER: ONE
21
22
23
24
25
26
27
28 1
PLAINTIFFS’ FIRST SET OF SPECIAL INTERROGATORIES DIRECTED TO DEFENDANTS DAVID M.
BRAGG AND SILICON VALLEY REAL VENTURES, LLC
1 Pursuant to California Code of Civil Procedure §§ 2031.060 et seq., Plaintiffs hereby
2 demand that Defendants David M. Bragg and Silicon Valley Real Ventures, LLC provide their
responses to the interrogatories propounded below to the law offices of Eimer Stahl LLP, 99
3
Almaden Blvd., Ste. 642, San Jose, CA 95113-1605 on or before June 27, 2022.
4
I. DEFINITIONS
5
The following Definitions shall apply to the Instructions and to each of the
6 Interrogatories:
7 1. “Action” refers to the above-captioned action, Case No. 22-CIV-01448, filed in
8 the Superior Court for the State of California, San Mateo County.
9 2. “All” shall include the term “each,” and vice-versa, as necessary, to bring within
the scope of the Interrogatory all responses that might otherwise be construed to be outside the
10
scope of the Interrogatory.
11
3. “Communication(s)” means the transmittal of information (in the form of facts,
12
ideas, inquiries, or otherwise), or attempt to transmit information, whether written, oral,
13 electronic, or by any other means.
14 4. “Defendants” refers to any of the Defendants named in the above-captioned
15 Action and all of their corporate parents, subsidiaries, attorneys, accountants, officers, directors,
employees, partners, agents, or representatives.
16
5. “Describe” means to provide all information relevant to the subject matter of the
17
Interrogatory, including but not limited to the dates and times of the contacts and/or events, when
18
and how the contacts and/or events took place, the full name of each Person (defined below) who
19 participated in the contacts and/or events, and the subject matter of the contacts and/or events.
20 6. “Document(s)” shall have the broadest meaning possible under California law,
21 including, but not limited to, the Definition of “writing” in California Evidence Code § 250, and
22 includes all originals and drafts, in any and all languages, of any nature whatsoever, in Your
(defined below) possession, custody, or control, regardless of where located, and includes, but is
23
not limited to, letters, correspondence, logs, drafts, contracts, prospective contracts, agreements,
24
records, studies, surveys, resolutions, tabulations, notes, summaries, memoranda, electronically
25 stored information (“ESI”), electronic mail (“e-mail”), instant messages, calendar or diary
26 entries, handwritten notes, working papers, worksheets, spreadsheets, diagrams, minutes,
27 agendas, bulletins, periodicals, circulars, advertisements, notices, announcements, invoices,
28 2
PLAINTIFFS’ FIRST SET OF SPECIAL INTERROGATORIES DIRECTED TO DEFENDANTS DAVID M.
BRAGG AND SILICON VALLEY REAL VENTURES, LLC
1 statements, checks (front and back), bank statements, ledgers, orders, vouchers, instructions,
2 drawings, charts, graphs, manuals, brochures, pamphlets, schedules, telegrams, teletypes,
photographs, audio tapes, voicemail messages, videotapes, electronic recordings, facsimile
3
transmissions, and information of whatever kind, either stored on computers, including computer
4
disks, hard drives and other media for storage of ESI, or information recorded on any medium,
5 and every other written, typed, recorded, transcribed, filed, or graphic matter, whether sent,
6 received, or neither, and both sides thereof, including non-identical copies and drafts, in the
7 custody, possession, or control of the parties responding to this Interrogatory, their agents,
8 accountants, employees representatives, or attorneys, and things similar to any of the foregoing,
however denominated by the parties required to produce hereunder.
9
7. “Identify,” when used in reference to an individual, means that Person’s name,
10
address, telephone number, e-mail address, employer, and job title or position.
11
8. “Identify,” when used in any context other than as defined in the preceding
12 paragraph, shall mean a description of the subject to be identified and all other information
13 necessary to fully identify the subject.
14 9. “Include,” “Includes,” and “Including” shall be construed to be inclusive and not
limiting.
15
10. “Person” means any natural person, public or private corporation, whether or not
16
organized for profit, governmental entity, partnership, association, cooperative, joint venture,
17
sole proprietorship, or other legal entity. With respect to a business entity, the term “Person”
18 includes any natural person acting formally or informally as a director, trustee, officer, agent,
19 attorney, or other representative of the business entity.
20 11. “Project” means the project described in the above-captioned Action to purchase,
develop, and/or sell the properties located at 385 Moore Road and 387 Moore Road in
21
Woodside, California.
22
12. “Referring” or “Relating to” or “Related to” means all information that comprises,
23
explicitly or implicitly refers to, was reviewed in conjunction with, or was created, generated, or
24 maintained as a result of the subject matter of the Interrogatory, including, without limitation, all
25 information that reflects, records, memorializes, embodies, discusses, evaluates, considers,
26 reviews, or reports on the subject matter of the Interrogatory.
27 13. “You,” “Your,” and “Yourself” refer to the Defendants to whom the following
28 3
PLAINTIFFS’ FIRST SET OF SPECIAL INTERROGATORIES DIRECTED TO DEFENDANTS DAVID M.
BRAGG AND SILICON VALLEY REAL VENTURES, LLC
1 Interrogatories are addressed and their agents, representatives, officers, directors, accountants,
2 insurance companies, attorneys, investigators, affiliates, predecessors, and successors in interest,
parents, divisions, subsidiaries, area and regional offices, and employees, including Persons or
3
entities outside the United States, or anyone acting on Your behalf.
4
14. The connectives “and” and “or” shall be construed either disjunctively or
5 conjunctively, as necessary, to bring within the scope of the Interrogatory all responses that
6 might otherwise be construed to be outside of its scope.
7 15. The use of the singular form of any word includes the plural and vice versa, and
8 the masculine, feminine, or neuter form of any words includes each of the other genders.
16. The use of any tense of any verb shall also include within its meaning all other
9
tenses of that verb.
10
II. INSTRUCTIONS
11
1. These Interrogatories are continuing and require further and supplemental
12
responses by You whenever You recall or locate additional information that is necessary to
13 answer the Interrogatory accurately and completely.
14 2. If You cannot answer an Interrogatory accurately and completely, You must
15 describe with particularity the reasons for such inability and the information, events, Documents,
or Communications that would permit You to answer the Interrogatory accurately and
16
completely, including:
17
(a) the nature of the information You cannot answer;
18
(b) the names of any Persons who could provide such information; and
19 (c) the Documents or Communications that would permit You to answer such
20 Interrogatory, including why You could not locate them in advance of answering the
21 Interrogatory.
22 3. To the extent necessary to answer any Interrogatory, You must consult with Your
predecessors, successors, parents, subsidiaries, divisions, or affiliates, or their respective officers,
23
directors, agents, attorneys, accountants, employees, partners, or other Persons occupying similar
24
positions or performing similar functions, who have actual or constructive knowledge of the
25 subject matter of the Interrogatory.
26 4. If You refuse to answer any part of an Interrogatory on grounds of privilege, You
27 must describe with particularity the reason or reasons it is not being answered in full and answer
28 4
PLAINTIFFS’ FIRST SET OF SPECIAL INTERROGATORIES DIRECTED TO DEFENDANTS DAVID M.
BRAGG AND SILICON VALLEY REAL VENTURES, LLC
1 to the best of Your knowledge, information, and belief, and with as much particularity as
2 possible, consistent with the privilege, the remainder of the information sought by the
Interrogatory, and You must explicitly identify that privilege and the part of the Interrogatory
3
that it prevents You from answering, including:
4
(a) the name of the privilege claimed (i.e., attorney-client, attorney work-
5 product, etc.);
6 (b) the name of the Person or entity claiming privilege and the name of the
7 attorney, if any, with respect to whom the privilege is claimed;
8 (c) the facts upon which You rely as the basis for claiming any privilege as to
the specific information; and
9
(d) the general subject matter of the information and the Persons involved that
10
You refuse to disclose.
11
5. With respect to any Interrogatory which You contend would be in some way
12 “burdensome” or “oppressive” to answer, You must state the specific reasons for that objection.
13 6. Each Interrogatory seeks information that is either known by Defendants or that
14 can be known by reasonably diligent efforts of Defendants.
15 III. RELEVANT PERIOD
Unless otherwise noted, all Interrogatories herein refer to the time period of January 1,
16
2017 through the date of response, inclusive, and shall include all information that relates, in
17
whole or in part, to such period even though dated, prepared, or received prior or subsequent to
18
that period. If information obtained prior or subsequent to the Relevant Period is necessary for a
19 correct or complete understanding of any answer to an Interrogatory, You must describe with
20 particularity that information as well.
21 IV. SPECIAL INTERROGATORIES
22 SPECIAL INTERROGATORY NO. 1:
23 Identify and Describe with particularity all representations made by You about the
Project to Gregory J. Davis, Paramont Capital, LLC, Paramont Woodside, LLC, or any other
24
Person associated with Paramont Capital, LLC or Paramont Woodside, LLC, including, without
25
limitation, the sources and other details of the other financing for the Project.
26
27
28 5
PLAINTIFFS’ FIRST SET OF SPECIAL INTERROGATORIES DIRECTED TO DEFENDANTS DAVID M.
BRAGG AND SILICON VALLEY REAL VENTURES, LLC
1 SPECIAL INTERROGATORY NO. 2:
2 Describe with particularity why You told Plaintiffs that You required a $200,000 loan
from them for the Project.
3
SPECIAL INTERROGATORY NO. 3:
4
Describe with particularity how You used the funds that Plaintiffs invested with and
5 loaned to You, including, without limitation, to which projects the funds were allocated, the
6 return on those allocations, and how the returns were distributed to Plaintiffs.
7 SPECIAL INTERROGATORY NO. 4:
8 Describe with particularity Your total return on investment in Silicon Valley Real
Ventures, LLC, including Your return on investment in the Project and any other projects in
9
which You invested funds from Plaintiffs, and including Your salary or other benefits obtained
10
during each year from Silicon Valley Real Ventures, LLC’s inception to the present.
11
SPECIAL INTERROGATORY NO. 5:
12 Identify all individuals and entities involved in financing or developing the Project,
13 including investors, lenders, realtors, architects, city permitting agents, attorneys, and
14 consultants, and Describe with particularity the role t
Preview
1 Collin J. Vierra (State Bar No. 322720) EIMER STAHL LLP 2 99 Almaden Blvd., Suite 641 3 San Jose, CA 95113-1605 Telephone: (408) 889-1668 4 Email: cvierra@eimerstahl.com 5 Attorney for Plaintiffs 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 COUNTY OF SAN MATEO 9 10 11 Robert Arntsen; Mary Lee; Arntsen Case No. 22-CIV-01148 Family Partnership, LP; and Brian 12 Christopher Dunn Custodianship; Date: July 29, 2022 13 Time: 9:00am Plaintiffs, Dept. 21 14 v. 15 Hon. Robert D. Foiles David M. Bragg; Kurtis Stuart Kludt; 16 Silicon Valley Real Ventures LLC; EXHIBITS TO MOTION TO 17 SVRV 385 Moore, LLC; SVRV 387 COMPEL AND FOR SANCTIONS Moore, LLC; Gregory J. Davis; Kevin AGAINST DEFENDANTS DAVID 18 Wolfe; James Justesen; Paramont M. BRAGG, KURTIS S. KLUDT, 19 Woodside, LLC; and Paramont Capital, AND SILICON VALLEY REAL LLC; VENTURES, LLC, AND 20 ATTORNEY RYAN VAN STEENIS 21 Defendants. 22 23 24 25 26 27 EXHIBITS TO MOTION TO COMPEL AND FOR SANCTIONS AGAINST DEFENDANTS 28 DAVID M. BRAGG, KURTIS S. KLUDT, AND SILICON VALLEY REAL VENTURES, LLC, AND ATTORNEY RYAN VAN STEENIS INDEX OF EXHIBITS Exhibit No. Description 1 May 27, 2022 Plaintiffs' First Set of Discovery to D. Bragg 2 June 15, 2022 C. Vierra Email to M. Poe 3 July 10, 2022 C. Vierra Email to M. Poe 4 July 6, 2022 C. Vierra Email to M. Poe 5 July 6, 2022 Plaintiffs' Second Set of Requests for Production to K. Kludt 6 July 7, 2022 M. Poe Email to C. Vierra 7 July 15, 2022 C. Vierra Email to M. Poe 8 July 18, 2022 C. Vierra Email to M. Poe 9 August 5, 2022 C. Vierra Email to M. Poe and R. Van Steenis 10 August 8, 2022 C. Vierra Email to M. Poe 11 August 9, 2022 C. Vierra Email to M. Poe 12 August 10, 2022 M. Poe Email to C. Vierra 13 August 11, 2022 Emails between C. Vierra and M. Poe 14 March 18, 2022 Text Exchange Between D. Bragg and K. Kludt 15 March 12, 2022 Text Exchange Between D. Bragg and K. Kludt 16 May 12, 2022 Email from D. Bragg to R. Van Steenis and K. Kludt 17 May 16, 2022 Email from D. Bragg to R. Van Steenis, K. Kludt and M. Poe 18 April 8, 2022 Plaintiffs' Service Package to D. Bragg 19 May 27, 2022 Plaintiffs' First Set of Requests for Production to K. Kludt 20 May 27, 2022 D. Bragg Email to K. Kludt and R. Van Steenis 21 June 14, 2022 D. Bragg Email to R. Van Steenis and K. Kludt June 27, 2022 Plaintiffs' Second Set of Special Interrogatories to D. Bragg and 22 SVRV July 6, 2022 Plaintiffs' Second Set of Requests for Production and Third Set of 23 Special Interrogatories to D. Bragg July 11, 2022 Plaintiffs' Third Set of Requests for Production to D. Bragg and 24 SVRV and Fourth Set of Special Interrogatories to D. Bragg 25 July 13, 2022 R. Van Steenis Email to C. Vierra 26 July 20, 2022 and July 26, 2022 C. Vierra Emails to R. Van Steenis 27 July 27, 2022 C. Vierra Email to R. Van Steenis 28 July 27, 2022 C. Vierra Second Email to R. Van Steenis July 29, 2022 D. Bragg's and SVRV's Responses to Plaintiffs' Second Set of 29 Special Interrogatories August 5, 2022 D. Bragg's and SVRV's Responses to Plaintiffs' Second Set of 30 Requests for Production 31 August 8, 2022 C. Vierra Email to R. Van Steenis August 10, 2022 D. Bragg's and SVRV's Responses to Plaintiffs' Third Set of 32 Requests for Production 33 August 11, 2022 R. Van Steenis Email to C. Vierra 34 July 29, 2022 C. Vierra Email to R. Van Steenis 35 Cost Chart Exhibit 1 1 Collin J. Vierra (State Bar No. 322720) EIMER STAHL LLP 2 99 Almaden Blvd., Suite 642 San Jose, CA 95113-1605 3 Telephone: (408) 889-1668 4 Email: cvierra@eimerstahl.com 5 Attorney for Plaintiffs 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO 8 9 Robert Arntsen; Mary Lee; Arntsen Family Case No. 22-CIV-01148 10 Partnership, LP; and Brian Christopher Dunn Custodianship; Dept. 21 11 12 Plaintiffs, Hon. Robert D. Foiles v. 13 PLAINTIFFS’ FIRST SET OF David M. Bragg; Kurtis Stuart Kludt; Silicon REQUESTS FOR PRODUCTION OF 14 Valley Real Ventures LLC; SVRV 385 DOCUMENTS DIRECTED TO Moore, LLC; SVRV 387 Moore, LLC; DEFENDANTS DAVID M. BRAGG AND 15 Gregory J. Davis; Paramont Woodside, LLC; SILICON VALLEY REAL VENTURES 16 and Paramont Capital, LLC; LLC 17 Defendants. 18 19 20 PROPOUNDING PARTIES: PLAINTIFFS 21 RESPONDING PARTIES: DAVID M. BRAGG; 22 SILICON VALLEY REAL VENTURES, LLC 23 SET NUMBER: ONE 24 25 26 27 28 1 PLAINTIFFS’ FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANTS DAVID M. BRAGG AND SILICON VALLEY REAL VENTURES LLC 1 Pursuant to California Code of Civil Procedure §§ 2031.010 et seq., Plaintiffs hereby 2 request that Defendants David M. Bragg and Silicon Valley Real Ventures, LLC identify and produce the documents requested below to the law offices of Eimer Stahl LLP, 99 Almaden 3 Blvd., Ste. 642, San Jose, CA 95113-1605 on or before June 27, 2022. 4 I. DEFINITIONS 5 The following Definitions shall apply to the Instructions and to each of the Requests: 6 1. “Action” refers to the above-captioned action, Case No. 22-CIV-01448, filed in 7 the Superior Court for the State of California, San Mateo County. 8 2. “All” shall include the term “each,” and vice-versa, as necessary, to bring within 9 the scope of the Request all responses that might otherwise be construed to be outside the scope of the Request. 10 3. “Communication(s)” means the transmittal of information (in the form of facts, 11 ideas, inquiries, or otherwise), or attempt to transmit information, whether written, oral, 12 electronic, or by any other means. 13 4. “Concerning” means relating to, referring to, describing, evidencing, or 14 constituting. 15 5. “Defendants” refers to any of the Defendants named in the above-captioned Action and all of their corporate parents, subsidiaries, attorneys, accountants, officers, directors, 16 employees, partners, agents, or representatives. 17 6. “Document(s)” shall have the broadest meaning possible under California law, 18 including, but not limited to, the Definition of “writing” in California Evidence Code § 250, and 19 includes all originals and drafts, in any and all languages, of any nature whatsoever, in Your 20 (defined below) possession, custody, or control, regardless of where located, and includes, but is 21 not limited to, letters, correspondence, logs, drafts, contracts, prospective contracts, agreements, 22 records, studies, surveys, resolutions, tabulations, notes, summaries, memoranda, electronically stored information (“ESI”), electronic mail (“e-mail”), instant messages, calendar or diary 23 entries, handwritten notes, working papers, worksheets, spreadsheets, diagrams, minutes, 24 agendas, bulletins, periodicals, circulars, advertisements, notices, announcements, invoices, 25 statements, checks (front and back), bank statements, ledgers, orders, vouchers, instructions, 26 drawings, charts, graphs, manuals, brochures, pamphlets, schedules, telegrams, teletypes, 27 photographs, audio tapes, voicemail messages, videotapes, electronic recordings, facsimile 28 2 PLAINTIFFS’ FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANTS DAVID M. BRAGG AND SILICON VALLEY REAL VENTURES LLC 1 transmissions, and information of whatever kind, either stored on computers, including computer 2 disks, hard drives and other media for storage of ESI, or information recorded on any medium, and every other written, typed, recorded, transcribed, filed, or graphic matter, whether sent, 3 received, or neither, and both sides thereof, including non-identical copies and drafts, in the 4 custody, possession, or control of the parties responding to this Request, their agents, 5 accountants, employees representatives, or attorneys, and things similar to any of the foregoing, 6 however denominated by the parties required to produce hereunder. 7 7. “Identify,” when used in reference to an individual, means that Person’s name, 8 address, telephone number, e-mail address, employer, and job title or position. 8. “Identify,” when used in any context other than as defined in the preceding 9 paragraph, shall mean a description of the subject to be identified and specification of the 10 Documents or Communications in which the subject is or was recorded, described, or referred 11 and all other information necessary to fully identify the subject. 12 9. “Meeting” means the contemporaneous presence, whether in person or through 13 any means of Communication, of any natural Persons, whether or not such presence was by 14 chance or prearranged and whether or not the Meeting was formal, informal, or occurred in connection with some other activity. 15 10. “Person” means any natural person, public or private corporation, whether or not 16 organized for profit, governmental entity, partnership, association, cooperative, joint venture, 17 sole proprietorship, or other legal entity. With respect to a business entity, the term “Person” 18 includes any natural person acting formally or informally as a director, trustee, officer, agent, 19 attorney, or other representative of the business entity. 20 11. “Project” means the project described in the above-captioned Action to purchase, develop, and/or sell the properties located at 385 Moore Road and 387 Moore Road in 21 Woodside, California. 22 12. “Referring” or “Relating to” or “Related to” means all Documents that comprise, 23 explicitly or implicitly refer to, were reviewed in conjunction with, or were created, generated, or 24 maintained as a result of the subject matter of the Request, including, without limitation, all 25 Documents that reflect, record, memorialize, embody, discuss, evaluate, consider, review, or 26 report on the subject matter of the Request. 27 13. “You,” “Your,” and “Yourself” refer to the Defendants to whom the following 28 3 PLAINTIFFS’ FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANTS DAVID M. BRAGG AND SILICON VALLEY REAL VENTURES LLC 1 Requests are addressed and their agents, representatives, officers, directors, accountants, 2 insurance companies, attorneys, investigators, affiliates, predecessors, and successors in interest, parents, divisions, subsidiaries, area and regional offices, and employees, including Persons or 3 entities outside the United States, or anyone acting on Your behalf. 4 14. The connectives “and” and “or” shall be construed either disjunctively or 5 conjunctively, as necessary, to bring within the scope of the Request all responses that might 6 otherwise be construed to be outside of its scope. 7 15. The use of the singular form of any word includes the plural and vice versa, and 8 the masculine, feminine, or neuter form of any words includes each of the other genders. 16. The use of any tense of any verb shall also include within its meaning all other 9 tenses of that verb. 10 II. INSTRUCTIONS 11 1. These Requests are continuing and require further and supplemental production 12 by You whenever You acquire or locate additional Documents between the time of these 13 Requests and the final resolution of this Action. 14 2. All Documents shall be produced in the order they are kept in the ordinary course 15 of business and shall be produced in their original folders, binders, covers, or containers or facsimile thereof. 16 3. If a Document was prepared in several copies, or if additional copies were 17 subsequently made, and any such copies were not identical or are no longer identical by reason 18 of subsequent notation or modification of any kind whatsoever, including, without limitation, 19 handwritten notations on the front or back of the Document, all such non-identical copies shall 20 be produced. 21 4. Documents shall be produced in such fashion as to Identify the department, 22 branch, or office in which they were located and, where applicable, the natural Person in whose possession they were found, and the business address of each Document’s custodian(s). 23 5. Documents shall be identified with the specific Request number to which the 24 Documents respond. See Cal. Code Civ. Proc. § 2031.280(a). 25 6. Documents attached to each other should not be separated. 26 7. These Requests relate to all Documents which are in Your possession, custody, or 27 control, or in the possession, custody, or control of Your predecessors, successors, parents, 28 4 PLAINTIFFS’ FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANTS DAVID M. BRAGG AND SILICON VALLEY REAL VENTURES LLC 1 subsidiaries, divisions, or affiliates, or their respective officers, directors, agents, attorneys, 2 accountants, employees, partners, or other Persons occupying similar positions or performing similar functions. 3 8. The Documents to be produced pursuant to these Requests specifically embrace, 4 in addition to Documents within Your possession, custody, or control, all Documents within the 5 possession, custody, or control of any of Your agents, accountants, representatives, or attorneys. 6 9. Documents also embrace originals and identical copies (whether different from 7 the original because of notes made thereon or otherwise) of the Documents described in these 8 Requests. 10. The fact that a Document has been or will be produced by another party does not 9 relieve You of the obligation to produce Your copy of the same Document, even if the two 10 Documents are identical in all respects. 11 11. You shall produce the original of each Document described below or, if the 12 original is not in Your custody, then a copy thereof, and in any event, all non-identical copies 13 which differ from the original or from the other copies produced for any reason, including, but 14 not limited to, the making of notes thereon. 12. If any Document falls within the scope of any Request, but is not being produced, 15 or is being produced with portions redacted, pursuant to any claim of privilege or confidentiality, 16 please provide a log containing the following information: 17 (a) the name of the privilege claimed (i.e., attorney-client, attorney work- 18 product, etc.); 19 (b) the name of the Person or entity claiming privilege and the name of the 20 attorney, if any, with respect to whom the privilege is claimed; (c) the facts upon which You rely as the basis for claiming any privilege as to 21 the specific information or Document; 22 (d) the name of such Document; Identify the type of Document (i.e., letter, 23 memo, etc.); set forth the subject matter thereof; Identify the Person who prepared it, and 24 each Person (if any) who signed it; Identify each Person to whom it was directed, 25 circulated, or shown; and Identify each Person now in possession of the Document. If any 26 Document is produced in redacted form, the word “redacted” is to be placed in the 27 redacted section of the Document; and 28 5 PLAINTIFFS’ FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANTS DAVID M. BRAGG AND SILICON VALLEY REAL VENTURES LLC 1 (e) whenever a Document is not produced in full or is produced in redacted 2 form, so indicate on the Document and state with particularity the reason or reasons it is not being produced in full and describe to the best of Your knowledge, information, and 3 belief, and with as much particularity as possible, those portions of the Document which 4 are not being produced. 5 13. In the event that any Document called for by these Requests has been destroyed or 6 discarded, that Document is to be identified by stating: 7 (a) the nature of the Document; 8 (b) the names of any addressor or addressee; (c) if there are any indicated or blind copies; 9 (d) the Document’s date, subject matter, number of pages, and attachments or 10 appendices; 11 (e) all Persons to whom the Document was distributed, shown, or explained; 12 (f) its date of destruction or discard and manner of destruction or discard; and 13 (g) the Persons authorizing and/or carrying out such destruction or discard. 14 14. With respect to any Documents which You contend would be in some way “burdensome” or “oppressive” to produce, please state the specific reasons for that objection. 15 15. If You object to part of any Request, please furnish Documents responsive to the 16 remainder of the Request. 17 16. Each Request refers to all Documents that are either known by Defendants to 18 exist or that can be located or discovered by reasonably diligent efforts of Defendants. 19 17. The Documents produced in response to these Requests shall include all 20 attachments and enclosures. 18. All electronic Documents shall be produced in such fashion as to identify the 21 location, i.e., the network file folder, hard drive, back-up tape, or other location, where the 22 Documents are stored and, where applicable, the natural Person in whose possession they were 23 found and the business address of each Document’s custodian(s). 24 III. RELEVANT PERIOD 25 Unless otherwise noted, all Requests herein refer to the time period of January 1, 2017 26 through the date of production, inclusive, and shall include all Documents that relate, in whole or 27 in part, to such period even though dated, prepared, or received prior or subsequent to that 28 6 PLAINTIFFS’ FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANTS DAVID M. BRAGG AND SILICON VALLEY REAL VENTURES LLC 1 period. If a Document prepared prior or subsequent to the Relevant Period is necessary for a 2 correct or complete understanding of any Document covered by a Request, You must produce the prior or subsequent Document as well. If any Document is undated and the date of its 3 preparation cannot be determined, the Document shall be produced if otherwise responsive to the 4 Request. 5 IV. REQUESTS FOR PRODUCTION 6 REQUEST NO. 1: 7 All Communications between You and (1) the Plaintiffs and (2) anyone affiliated with 8 Silicon Valley Real Ventures, LLC relating to Plaintiffs’ investments with Silicon Valley Real 9 Ventures, LLC between January 1, 2012 and the present. REQUEST NO. 2: 10 All Communications relating to the Project between You and any third parties involved 11 with the Project, including but not limited to real estate agents, realtors, brokers, loan officers, 12 lending agents, engineers, architects, landscape architects, inspection officers or agencies, and 13 permitting officials or agencies. 14 REQUEST NO. 3: 15 All Communications with any members of the Geyer family relating to the Project. REQUEST NO. 4: 16 All Communications related to the sale or transfer of the Moore Road properties to 17 Silicon Valley Real Ventures, LLC, including all Communications with the sellers of the Moore 18 Road properties and their agents. 19 REQUEST NO. 5: 20 All financial, accounting, and governance Documents relating to Plaintiffs’ investments 21 with Silicon Valley Real Ventures, LLC between January 1, 2012 and the present, including but 22 not limited to bills, checks, receipts, certificates, ownership tables, projections, analyses, account statements, tax records, balance sheets, income statements, cash flow statements, profit or loss 23 statements, investment agreements, operating agreements, and subscription agreements. 24 REQUEST NO. 6: 25 All financial, accounting, and governance Documents relating to the Project., including 26 but not limited to bills, checks, receipts, certificates, ownership tables, projections, analyses, 27 account statements, tax records, balance sheets, income statements, cash flow statements, profit 28 7 PLAINTIFFS’ FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANTS DAVID M. BRAGG AND SILICON VALLEY REAL VENTURES LLC 1 or loss statements, investment agreements, operating agreements, and subscription agreements. 2 REQUEST NO. 7: All Communications with, Documents provided to, and Documents received from, 3 Gregory J. Davis, Paramont Capital, LLC, and/or Paramont Woodside, LLC. 4 REQUEST NO. 8: 5 All Communications with, Documents provided to, and Documents received from, Kurtis 6 S. Kludt relating to Plaintiffs’ investments with Silicon Valley Real Ventures, LLC, including 7 the Project, between January 1, 2012 and the present. 8 REQUEST NO. 9: All Documents relating to any loans that Plaintiffs extended to Silicon Valley Real 9 Ventures, LLC, including Documents reflecting the conditions on which the loans were extended 10 and how the loan proceeds were used. 11 REQUEST NO. 10: 12 Documents sufficient to show all Your joint or individual accounts, securities, financial 13 assets, real assets, personal assets, or any other assets, including but not limited to savings 14 accounts, checking accounts, retirement accounts, investment accounts, vehicles, real estate, and land, worth $10,000 or more. 15 REQUEST NO. 11: 16 All Documents related to the sale of the Moore Road Properties, including Documents 17 sufficient to show any agreements with real estate brokers involved in the transaction. 18 19 20 Dated: May 27, 2022 By: ______________________ 21 Collin J. Vierra EIMER STAHL, LLP 22 Attorney for Plaintiffs Robert Arntsen, 23 Mary Lee, the Arntsen Family Partnership, LP, and the Brian 24 Christopher Dunn Custodianship 25 26 27 28 8 PLAINTIFFS’ FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANTS DAVID M. BRAGG AND SILICON VALLEY REAL VENTURES LLC 1 Collin J. Vierra (State Bar No. 322720) EIMER STAHL LLP 2 99 Almaden Blvd., Suite 642 San Jose, CA 95113-1605 3 Telephone: (408) 889-1668 4 Email: cvierra@eimerstahl.com 5 Attorney for Plaintiffs 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO 7 8 Robert Arntsen; Mary Lee; Arntsen Family Case No. 22-CIV-01148 Partnership, LP; and Brian Christopher Dunn 9 Custodianship; Dept. 21 10 Plaintiffs, Hon. Robert D. Foiles v. 11 PLAINTIFFS’ FIRST SET OF SPEICAL 12 David M. Bragg; Kurtis Stuart Kludt; Silicon INTERROGATORIES DIRECTED TO Valley Real Ventures LLC; SVRV 385 DEFENDANTS DAVID M. BRAGG AND 13 Moore, LLC; SVRV 387 Moore, LLC; SILICON VALLEY REAL VENTURES, Gregory J. Davis; Paramont Woodside, LLC; LLC 14 and Paramont Capital, LLC; 15 Defendants. 16 17 18 PROPOUNDING PARTIES: PLAINTIFFS RESPONDING PARTIES: DAVID M. BRAGG; 19 SILICON VALLEY REAL VENTURES, LLC 20 SET NUMBER: ONE 21 22 23 24 25 26 27 28 1 PLAINTIFFS’ FIRST SET OF SPECIAL INTERROGATORIES DIRECTED TO DEFENDANTS DAVID M. BRAGG AND SILICON VALLEY REAL VENTURES, LLC 1 Pursuant to California Code of Civil Procedure §§ 2031.060 et seq., Plaintiffs hereby 2 demand that Defendants David M. Bragg and Silicon Valley Real Ventures, LLC provide their responses to the interrogatories propounded below to the law offices of Eimer Stahl LLP, 99 3 Almaden Blvd., Ste. 642, San Jose, CA 95113-1605 on or before June 27, 2022. 4 I. DEFINITIONS 5 The following Definitions shall apply to the Instructions and to each of the 6 Interrogatories: 7 1. “Action” refers to the above-captioned action, Case No. 22-CIV-01448, filed in 8 the Superior Court for the State of California, San Mateo County. 9 2. “All” shall include the term “each,” and vice-versa, as necessary, to bring within the scope of the Interrogatory all responses that might otherwise be construed to be outside the 10 scope of the Interrogatory. 11 3. “Communication(s)” means the transmittal of information (in the form of facts, 12 ideas, inquiries, or otherwise), or attempt to transmit information, whether written, oral, 13 electronic, or by any other means. 14 4. “Defendants” refers to any of the Defendants named in the above-captioned 15 Action and all of their corporate parents, subsidiaries, attorneys, accountants, officers, directors, employees, partners, agents, or representatives. 16 5. “Describe” means to provide all information relevant to the subject matter of the 17 Interrogatory, including but not limited to the dates and times of the contacts and/or events, when 18 and how the contacts and/or events took place, the full name of each Person (defined below) who 19 participated in the contacts and/or events, and the subject matter of the contacts and/or events. 20 6. “Document(s)” shall have the broadest meaning possible under California law, 21 including, but not limited to, the Definition of “writing” in California Evidence Code § 250, and 22 includes all originals and drafts, in any and all languages, of any nature whatsoever, in Your (defined below) possession, custody, or control, regardless of where located, and includes, but is 23 not limited to, letters, correspondence, logs, drafts, contracts, prospective contracts, agreements, 24 records, studies, surveys, resolutions, tabulations, notes, summaries, memoranda, electronically 25 stored information (“ESI”), electronic mail (“e-mail”), instant messages, calendar or diary 26 entries, handwritten notes, working papers, worksheets, spreadsheets, diagrams, minutes, 27 agendas, bulletins, periodicals, circulars, advertisements, notices, announcements, invoices, 28 2 PLAINTIFFS’ FIRST SET OF SPECIAL INTERROGATORIES DIRECTED TO DEFENDANTS DAVID M. BRAGG AND SILICON VALLEY REAL VENTURES, LLC 1 statements, checks (front and back), bank statements, ledgers, orders, vouchers, instructions, 2 drawings, charts, graphs, manuals, brochures, pamphlets, schedules, telegrams, teletypes, photographs, audio tapes, voicemail messages, videotapes, electronic recordings, facsimile 3 transmissions, and information of whatever kind, either stored on computers, including computer 4 disks, hard drives and other media for storage of ESI, or information recorded on any medium, 5 and every other written, typed, recorded, transcribed, filed, or graphic matter, whether sent, 6 received, or neither, and both sides thereof, including non-identical copies and drafts, in the 7 custody, possession, or control of the parties responding to this Interrogatory, their agents, 8 accountants, employees representatives, or attorneys, and things similar to any of the foregoing, however denominated by the parties required to produce hereunder. 9 7. “Identify,” when used in reference to an individual, means that Person’s name, 10 address, telephone number, e-mail address, employer, and job title or position. 11 8. “Identify,” when used in any context other than as defined in the preceding 12 paragraph, shall mean a description of the subject to be identified and all other information 13 necessary to fully identify the subject. 14 9. “Include,” “Includes,” and “Including” shall be construed to be inclusive and not limiting. 15 10. “Person” means any natural person, public or private corporation, whether or not 16 organized for profit, governmental entity, partnership, association, cooperative, joint venture, 17 sole proprietorship, or other legal entity. With respect to a business entity, the term “Person” 18 includes any natural person acting formally or informally as a director, trustee, officer, agent, 19 attorney, or other representative of the business entity. 20 11. “Project” means the project described in the above-captioned Action to purchase, develop, and/or sell the properties located at 385 Moore Road and 387 Moore Road in 21 Woodside, California. 22 12. “Referring” or “Relating to” or “Related to” means all information that comprises, 23 explicitly or implicitly refers to, was reviewed in conjunction with, or was created, generated, or 24 maintained as a result of the subject matter of the Interrogatory, including, without limitation, all 25 information that reflects, records, memorializes, embodies, discusses, evaluates, considers, 26 reviews, or reports on the subject matter of the Interrogatory. 27 13. “You,” “Your,” and “Yourself” refer to the Defendants to whom the following 28 3 PLAINTIFFS’ FIRST SET OF SPECIAL INTERROGATORIES DIRECTED TO DEFENDANTS DAVID M. BRAGG AND SILICON VALLEY REAL VENTURES, LLC 1 Interrogatories are addressed and their agents, representatives, officers, directors, accountants, 2 insurance companies, attorneys, investigators, affiliates, predecessors, and successors in interest, parents, divisions, subsidiaries, area and regional offices, and employees, including Persons or 3 entities outside the United States, or anyone acting on Your behalf. 4 14. The connectives “and” and “or” shall be construed either disjunctively or 5 conjunctively, as necessary, to bring within the scope of the Interrogatory all responses that 6 might otherwise be construed to be outside of its scope. 7 15. The use of the singular form of any word includes the plural and vice versa, and 8 the masculine, feminine, or neuter form of any words includes each of the other genders. 16. The use of any tense of any verb shall also include within its meaning all other 9 tenses of that verb. 10 II. INSTRUCTIONS 11 1. These Interrogatories are continuing and require further and supplemental 12 responses by You whenever You recall or locate additional information that is necessary to 13 answer the Interrogatory accurately and completely. 14 2. If You cannot answer an Interrogatory accurately and completely, You must 15 describe with particularity the reasons for such inability and the information, events, Documents, or Communications that would permit You to answer the Interrogatory accurately and 16 completely, including: 17 (a) the nature of the information You cannot answer; 18 (b) the names of any Persons who could provide such information; and 19 (c) the Documents or Communications that would permit You to answer such 20 Interrogatory, including why You could not locate them in advance of answering the 21 Interrogatory. 22 3. To the extent necessary to answer any Interrogatory, You must consult with Your predecessors, successors, parents, subsidiaries, divisions, or affiliates, or their respective officers, 23 directors, agents, attorneys, accountants, employees, partners, or other Persons occupying similar 24 positions or performing similar functions, who have actual or constructive knowledge of the 25 subject matter of the Interrogatory. 26 4. If You refuse to answer any part of an Interrogatory on grounds of privilege, You 27 must describe with particularity the reason or reasons it is not being answered in full and answer 28 4 PLAINTIFFS’ FIRST SET OF SPECIAL INTERROGATORIES DIRECTED TO DEFENDANTS DAVID M. BRAGG AND SILICON VALLEY REAL VENTURES, LLC 1 to the best of Your knowledge, information, and belief, and with as much particularity as 2 possible, consistent with the privilege, the remainder of the information sought by the Interrogatory, and You must explicitly identify that privilege and the part of the Interrogatory 3 that it prevents You from answering, including: 4 (a) the name of the privilege claimed (i.e., attorney-client, attorney work- 5 product, etc.); 6 (b) the name of the Person or entity claiming privilege and the name of the 7 attorney, if any, with respect to whom the privilege is claimed; 8 (c) the facts upon which You rely as the basis for claiming any privilege as to the specific information; and 9 (d) the general subject matter of the information and the Persons involved that 10 You refuse to disclose. 11 5. With respect to any Interrogatory which You contend would be in some way 12 “burdensome” or “oppressive” to answer, You must state the specific reasons for that objection. 13 6. Each Interrogatory seeks information that is either known by Defendants or that 14 can be known by reasonably diligent efforts of Defendants. 15 III. RELEVANT PERIOD Unless otherwise noted, all Interrogatories herein refer to the time period of January 1, 16 2017 through the date of response, inclusive, and shall include all information that relates, in 17 whole or in part, to such period even though dated, prepared, or received prior or subsequent to 18 that period. If information obtained prior or subsequent to the Relevant Period is necessary for a 19 correct or complete understanding of any answer to an Interrogatory, You must describe with 20 particularity that information as well. 21 IV. SPECIAL INTERROGATORIES 22 SPECIAL INTERROGATORY NO. 1: 23 Identify and Describe with particularity all representations made by You about the Project to Gregory J. Davis, Paramont Capital, LLC, Paramont Woodside, LLC, or any other 24 Person associated with Paramont Capital, LLC or Paramont Woodside, LLC, including, without 25 limitation, the sources and other details of the other financing for the Project. 26 27 28 5 PLAINTIFFS’ FIRST SET OF SPECIAL INTERROGATORIES DIRECTED TO DEFENDANTS DAVID M. BRAGG AND SILICON VALLEY REAL VENTURES, LLC 1 SPECIAL INTERROGATORY NO. 2: 2 Describe with particularity why You told Plaintiffs that You required a $200,000 loan from them for the Project. 3 SPECIAL INTERROGATORY NO. 3: 4 Describe with particularity how You used the funds that Plaintiffs invested with and 5 loaned to You, including, without limitation, to which projects the funds were allocated, the 6 return on those allocations, and how the returns were distributed to Plaintiffs. 7 SPECIAL INTERROGATORY NO. 4: 8 Describe with particularity Your total return on investment in Silicon Valley Real Ventures, LLC, including Your return on investment in the Project and any other projects in 9 which You invested funds from Plaintiffs, and including Your salary or other benefits obtained 10 during each year from Silicon Valley Real Ventures, LLC’s inception to the present. 11 SPECIAL INTERROGATORY NO. 5: 12 Identify all individuals and entities involved in financing or developing the Project, 13 including investors, lenders, realtors, architects, city permitting agents, attorneys, and 14 consultants, and Describe with particularity the role t