Document for ARNTSEN FAMILY PARTNERSHIP, LP, et al vs. GREGORY J DAVIS, et al

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                                1    Collin J. Vierra (State Bar No. 322720)
                  EIMER STAHL LLP
             2    99 Almaden Blvd., Suite 641
                  San Jose, CA      95113-1605
             3    Telephone: (408) 889-1668
             4    Email: cvierra@eimerstahl.com

             5    Attorney for Plaintiffs

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             7                         SUPERIOR COURT OF THE STATE OF CALIFORNIA
                                                          COUNTY OF SAN MATEO
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                   Robert Arntsen; Mary Lee; Arntsen Family                   Case No. 22-CIV-01148
           10      Partnership, LP; and Brian Christopher Dunn
                   Custodianship;                                             Date: September 16, 2022
           11                                                                 Time: 9:00a.m.
           12                        Plaintiffs,                              Dept. 21
                   v.
           13                                                                 Hon. Robert D. Foiles
                   David M. Bragg; Kurtis Stuart Kludt; Silicon
           14      Valley Real Ventures LLC; SVRV 385                         [PROPOSED] ORDER REGARDING
                   Moore, LLC; SVRV 387 Moore, LLC;                           PLAINTIFFS' MOTION TO COMPEL
           15      Gregory J. Davis; Kevin Wolfe; Jason                       AND FOR SANCTIONS AGAINST
           16      Justesen; Paramont Woodside, LLC; and                      DEFENDANTS DAVID M. BRAGG,
                   Paramont Capital, LLC;                                     KURTIS S. KLUDT, AND SILICON
           17                                                                 VALLEY REAL VENTURES, LLC, AND
                                     Defendants.                              ATTORNEY RYAN VAN STEENIS
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                      [PROPOSED] ORDER REGARDING PLAINTIFFS' MOTION TO COMPEL AND FOR
           28        SANCTIONS AGAINST DEFENDANTS DAVID M. BRAGG, KURTIS S. KLUDT, AND
                     SILICON VALLEY REAL VENTURES, LLC, AND ATTORNEY RYAN VAN STEENIS
             1             This matter came for hearing on September 16, 2022 at 9:00am before the Honorable

             2    Robert D. Foiles, in Department 21 of the above-captioned Court, in response to Plaintiffs’
                  Motion to Compel and for Sanctions against Defendants David M. Bragg, Kurtis S. Kludt, and
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                  Silicon Valley Real Ventures, LLC, and attorney Ryan Van Steenis.
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                           Plaintiffs’ submissions demonstrate that Defendant Kurtis S. Kludt has, without
             5    justification, refused to conduct a reasonably diligent search for documents responsive to
             6    Plaintiffs’ discovery requests and to produce all responsive documents in his possession,
             7    custody, or control.

             8             Plaintiffs’ submissions demonstrate that Defendants David M. Bragg and Silicon Valley
                  Real Ventures, LLC have, without justification, refused to participate in this litigation, including
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                  by refusing to respond to Plaintiffs’ requests for discovery.
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                           Plaintiffs’ submissions demonstrate that attorney Ryan Van Steenis has, without
           11     justification, refused to respond to Plaintiffs’ requests for discovery or to meet and confer in
           12     good faith with Plaintiffs’ counsel about the same.
           13              This Court has broad authority to issue sanctions for “misuse of the discovery process”

           14     under Code of Civil Procedure section 2023.030. The Court finds that Defendants David M.
                  Bragg, Kurtis S. Kludt, and Silicon Valley Real Ventures, LLC, and attorney Ryan Van Steenis,
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                  have no substantial justification for their behavior and that no other circumstances exist that
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                  would make the imposition of sanctions unjust.
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                           Based upon Plaintiffs’ Motion to Compel and for Sanctions, the accompanying
           18     Memorandum of Points and Authorities, the Declaration of Collin J. Vierra in support thereof,
           19     Plaintiffs’ First Amended Complaint, the arguments of counsel, and good cause appearing:
           20              IT IS HEREBY ORDERED that:
                           1.       Defendant Kurtis S. Kludt shall be subject to a monetary sanction of
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                  $ ___________, payable to Plaintiffs’ counsel for distribution to Plaintiffs in accordance with the
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                  terms of their representation.
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                           2.       Defendants David M. Bragg and Silicon Valley Real Ventures, LLC shall, jointly
           24     and severally, be subject to a monetary sanction of $ ___________, payable to Plaintiffs’ counsel
           25     for distribution to Plaintiffs in accordance with the terms of their representation.
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           27         [PROPOSED] ORDER REGARDING PLAINTIFFS' MOTION TO COMPEL AND FOR
                     SANCTIONS AGAINST DEFENDANTS DAVID M. BRAGG, KURTIS S. KLUDT, AND
           28        SILICON VALLEY REAL VENTURES, LLC, AND ATTORNEY RYAN VAN STEENIS
             1             3.       Attorney Ryan Van Steenis shall be subject to a monetary sanction of

             2    $ ___________, payable to Plaintiffs’ counsel for distribution to Plaintiffs in accordance with the
                  terms of their representation.
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                           4.       Defendant Kurtis S. Kludt shall provide his legal counsel direct access to each of
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                  his devices, accounts, and applications that may contain documents or communications relevant
             5    to this litigation, including without limitation his cell phone and computers; Google Drive, Box,
             6    and Dropbox accounts; and k@realsv.com, kurtm007@me.com, kurtm007icloud@gmail.com,
             7    and k7kurt1984@gmail.com email accounts, and counsel shall produce all relevant, non-

             8    privileged documents and communications to Plaintiffs within 30 days of this Order.
                           5.       Defendants David M. Bragg and Silicon Valley Real Ventures, LLC shall provide
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                  Plaintiffs direct access to all Google Drive, Dropbox, and Box folders that contain documents
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                  relevant to this litigation, to provide Plaintiffs with the login credentials for all email accounts
           11     through which they engaged in communications relevant to this litigation including without
           12     limitation d@realsv.com, d@svreventures.com, and dave.bragg@gmail.com, to produce all text
           13     messages and other communications that they have exchanged with the other Defendants from

           14     the filing of Plaintiffs’ initial Complaint to the present; and to respond to Plaintiffs’ special
                  interrogatories numbered 1 through 6 and 10 through 12, within 7 days of this Order.
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                  Dated: ____________                                            By: ______________________
           18                                                                          Hon. Robert D. Foiles
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           27         [PROPOSED] ORDER REGARDING PLAINTIFFS' MOTION TO COMPEL AND FOR
                     SANCTIONS AGAINST DEFENDANTS DAVID M. BRAGG, KURTIS S. KLUDT, AND
           28        SILICON VALLEY REAL VENTURES, LLC, AND ATTORNEY RYAN VAN STEENIS