Preview
1 Collin J. Vierra (State Bar No. 322720)
EIMER STAHL LLP
2 99 S. Almaden Blvd., Ste. 600
San Jose, CA 95113-1605
3 Telephone: (408) 889-1668
Email: cvierra@eimerstahl.com
4
Attorney for Plaintiffs
5
6 SUPERIOR COURT OF THE STATE OF CALIFORNIA
7 COUNTY OF SAN MATEO
8
Robert Arntsen; Mary Lee; Arntsen Case No. 22-CIV-01148
9 Family Partnership, LP; and Brian
Christopher Dunn Custodianship; Dept. 21
10
11 Plaintiffs, Hon. Robert D. Foiles
v.
12 EXHIBITS TO RESPONSE TO
David M. Bragg; Silicon Valley Real DEFENDANTS DAVID BRAGG’S
13 Ventures LLC; SVRV 385 Moore, AND SILICON VALLEY REAL
LLC; SVRV 387 Moore, LLC; Gregory VENTURES LLC’S OPPOSITION
14
J. Davis; Kevin Wolfe; Jason Justesen; TO PLAINTIFFS’ REQUEST FOR
15 Paramont Woodside, LLC; and ENTRY OF DEFAULT AND
Paramont Capital, LLC; REQUEST FOR AN EXTENSION
16 OF TIME TO RESPOND OR
Defendants. ANSWER
17
18
19 INDEX OF EXHIBITS
20
Exhibit A – June 9, 2022, Affidavit of Collin J. Vierra in Support of Request for
21
22 Entry of Default Against Defendants David M. Bragg and Silicon Valley Real
23 Ventures, LLC; and Exhibits
24 1
REPLY TO DEFENDANTS DAVID BRAGG’S AND SILICON VALLEY REAL VENTURES LLC’S
OPPOSITION TO PLAINTIFFS’ REQUEST FOR ENTRY OF DEFAULT AND REQUEST FOR AN
EXTENSION OF TIME TO RESPOND OR ANSWER
Exhibit B – February 24, 2023, Email correspondence between Collin Vierra and
1
2 Ryan Van Steenis regarding service of Notice of Lifting of Bankruptcy Stay
3
4
5
6
Dated: March 10, 2023 By: ______________________
7
Collin J. Vierra
8 EIMER STAHL LLP
9 Attorney for Plaintiffs Robert
Arntsen, Mary Lee, the Arntsen
10
Family Partnership, LP, and the
11 Brian Christopher Dunn
Custodianship
12
13
14
15
16
17
18
19
20
21
22
23
24 2
REPLY TO DEFENDANTS DAVID BRAGG’S AND SILICON VALLEY REAL VENTURES LLC’S
OPPOSITION TO PLAINTIFFS’ REQUEST FOR ENTRY OF DEFAULT AND REQUEST FOR AN
EXTENSION OF TIME TO RESPOND OR ANSWER
Exhibit A
1 Collin J. Vierra (State Bar No. 322720)
EIMER STAHL LLP 6/9/2022
2
99 Almaden Blvd., Suite 642
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; Dept. 21
13
Plaintiffs, Hon. Robert D. Foiles
14 v.
15 AFFIDAVIT OF
David M. Bragg; Kurtis Stuart Kludt; COLLIN J. VIERRA
16 Silicon Valley Real Ventures LLC; IN SUPPORT OF REQUEST
17 SVRV 385 Moore, LLC; SVRV 387 FOR ENTRY OF DEFAULT
Moore, LLC; Gregory J. Davis; AGAINST DEFENDANTS
18 Paramont Woodside, LLC; and DAVID M. BRAGG AND
19 Paramont Capital, LLC; SILICON VALLEY REAL
VENTURES, LLC
20 Defendants.
21
22
23
24
25
26
27 1
AFFIDAVIT OF COLLIN J. VIERRA IN SUPPORT OF REQUEST FOR ENTRY OF
28 DEFAULT AGAINST DEFENDANTS DAVID M. BRAGG AND SILICON VALLEY
REALVENTURES, LLC
1 I, Collin James Vierra, attest as follows:
2 Background
3 1. I am over 18 years of age, of sound mind, and otherwise competent to
4 make this Affidavit.
5 2. I am not a party to this action.
6 3. I am an attorney at Eimer Stahl, LLP, and am Plaintiffs’ counsel of
7 record in this action.
8 Service of Complaint and Summons
9 4. The following facts, and associated evidence, are also described and
10 attached in my affidavits regarding Defendants David M. Bragg and Silicon Valley
11 Real Ventures, LLC filed with this Court on May 16, 2022:
12 5. On March 16, 2022, I engaged Process Server One to serve
13 Defendants David M. Bragg (“Mr. Bragg”), Silicon Valley Real Ventures, LLC
14 (“SVRV”), and the other Defendants.
15 6. On March 21, 2022, Process Server One provided me with a Proof of
16 Service indicating that it had served Mr. Bragg on March 17, 2022 at one of his
17 places of employment, the Menlo Park Fire Protection District, Station 77, located
18 at 1467 Chilco Street, Menlo Park, California 94025. (See Affidavit of Collin J.
19 Vierra [regarding service of Defendant David M. Bragg], Mar. 16, 2022, Exhibit
20 A).
21 7. On April 13, 2022, Process Server One provided me with a Proof of
22 Service indicating that it had served SVRV’s registered agent in Delaware, located
23 at 2140 South Dupont Highway, Camden, Delaware 19934. (See Affidavit of
24 Collin J. Vierra [regarding service of Defendant Silicon Valley Real Ventures,
25 LLC], Mar. 16, 2022, Exhibit A).
26 8. Out of an abundance of caution, I instructed my paralegal, Mina Al-
27 2
AFFIDAVIT OF COLLIN J. VIERRA IN SUPPORT OF REQUEST FOR ENTRY OF
28 DEFAULT AGAINST DEFENDANTS DAVID M. BRAGG AND SILICON VALLEY
REALVENTURES, LLC
1 Ansari, to re-serve each of the Defendants, including Mr. Bragg and SVRV, by
2 mail, to ensure service was completed correctly.
3 9. On April 8, 2022, at my instruction, Ms. Al-Ansari mailed the service
4 papers to Mr. Bragg at the Menlo Park Fire Protection District, located at 170
5 Middlefield Road, Menlo Park, California 94025, which according to Mr. Bragg’s
6 LinkedIn page is his current place of employment. Tracking information confirms
7 these papers were delivered successfully. (See Affidavit of Collin J. Vierra
8 [regarding service of Defendant David M. Bragg], Mar. 16, 2022, Exhibit C).
9 10. On April 8, 2022, at my instruction, Ms. Al-Ansari also mailed the
10 service papers to SVRV’s registered agent in Delaware. (See Affidavit of Collin J.
11 Vierra [regarding service of Defendant Silicon Valley Real Ventures, LLC], Mar.
12 16, 2022, Exhibit C).
13 11. Having not received a response from Mr. Bragg, on April 29, 2022,
14 Ms. Al-Ansari, at my instruction, mailed additional copies of the service papers to
15 Mr. Bragg at the address for SVRV, located at 205 Constitution Drive, Menlo
16 Park, California 95025, which according to Mr. Bragg’s LinkedIn page, is his other
17 current place of employment. According to the United States Postal Service, no
18 one was present at SVRV’s business address during each delivery attempt. (See
19 Affidavit of Collin J. Vierra [regarding service of Defendant David M. Bragg],
20 Mar. 16, 2022, Exhibit F).
21 12. Having still not received a response from Mr. Bragg or SVRV, on
22 May 12, 2022, I contacted Mr. Bragg both by electronic mail at his email address
23 that he uses for SVRV business (realsv.com), and by telephone at the phone
24 number that he uses for SVRV business. I attached the service papers to the email.
25 Mr. Bragg did not answer his phone, so I left him a voicemail informing him of our
26 attempts to reach him and SVRV and our need for a prompt response. (See
27 3
AFFIDAVIT OF COLLIN J. VIERRA IN SUPPORT OF REQUEST FOR ENTRY OF
28 DEFAULT AGAINST DEFENDANTS DAVID M. BRAGG AND SILICON VALLEY
REALVENTURES, LLC
1 Affidavit of Collin J. Vierra [regarding service of Defendant David M. Bragg],
2 Mar. 16, 2022, Exhibits I, J).
3 13. Having still not received a response from Mr. Bragg or SVRV, on
4 May 13, 2022, I signed up for a trial of LinkedIn premium, on which platform I
5 sent Mr. Bragg a message informing him of our attempts to reach him and SVRV
6 and our need for a prompt response. (See Affidavit of Collin J. Vierra [regarding
7 service of Defendant David M. Bragg], Mar. 16, 2022, Exhibit K).
8 14. Also on May 13, 2022, Ms. Al-Ansari, at my instruction, mailed
9 additional copies of the service papers to Mr. Bragg and SVRV at Mr. Bragg’s
10 last-known home address, which was provided to me by Mr. Bragg’s and SVRV’s
11 co-Defendant and fellow Managing Director of SVRV, Kurtis M. Kludt (“Mr.
12 Kludt”). Mr. Bragg signed for the deliveries for SVRV and himself on May 14,
13 2022 and May 16, 2022, respectively.
14 15. In or around the first week of May 2022, the webpage for SVRV,
15 realsv.com, was taken down. On information and belief, Mr. Bragg removed this
16 website after being served in this action. According to Mr. Kludt, Mr. Bragg
17 controls the realsv.com website. (See Affidavit of Collin J. Vierra [regarding
18 service of Defendant David M. Bragg], Mar. 16, 2022, Exhibit L; Affidavit of
19 Collin J. Vierra [regarding service of Defendant Silicon Valley Real Ventures,
20 LLC], Mar. 16, 2022, Exhibit I).
21 16. According to Mr. Kludt, Mr. Bragg has spoken with Mr. Kludt about
22 this action since being served.
23 17. Plaintiffs incurred significant expense in serving Mr. Bragg and
24 SVRV.
25 Discovery and Further Outreach
26 18. The following facts, and associated evidence, are in addition to those
27 4
AFFIDAVIT OF COLLIN J. VIERRA IN SUPPORT OF REQUEST FOR ENTRY OF
28 DEFAULT AGAINST DEFENDANTS DAVID M. BRAGG AND SILICON VALLEY
REALVENTURES, LLC
1 described and attached in my affidavits regarding Defendants David M. Bragg and
2 Silicon Valley Real Ventures, LLC filed with this Court on May 16, 2022:
3 19. On May 18, 2022, Mr. Bragg emailed me from his Gmail account to
4 say, “Hi Collin, My attorney will be reaching out to you soon.” That email is
5 attached as Exhibit A. This was the first time that Mr. Bragg responded to me.
6 20. To date, I have not been contacted by any attorney for Mr. Bragg or
7 SVRV.
8 21. On May 27, 2022, I served Mr. Bragg and SVRV with discovery at
9 Mr. Bragg’s realsv.com and Gmail email accounts. In that email, I stated, “If you
10 have counsel, they have not contacted me.” That email is attached as Exhibit B.
11 22. Neither Mr. Bragg nor SVRV has responded.
12 Service of CIV-100 (Request for Entry of Default)
13 23. On June 9, 2022, at my instruction, Ms. Al-Ansari mailed Plaintiffs’
14 Request for Entry of Default, Form CIV-100, to Mr. Bragg and SVRV at four
15 mailing addresses:
16 a. One of Mr. Bragg’s last-known place of employment, Menlo Park
17 Fire Protection District, Station 77, located at 1467 Chilco Street,
18 Menlo Park, California 94025;
19 b. The other of Mr. Bragg’s last-known places of employment and
20 SVRV’s headquarters, Silicon Valley Real Ventures, LLC, 205
21 Constitution Drive, Menlo Park, California 95025;
22 c. Mr. Bragg’s last-known home address, 7230 Fuller Drive, Granite
23 Bay, CA 95746;
24 d. SVRV’s address for its agent for service of process, 2140 South
25 Dupont Highway, Camden, Delaware 19934.
26 24. Confirmation of these mailings is attached as Exhibit C. These
27 5
AFFIDAVIT OF COLLIN J. VIERRA IN SUPPORT OF REQUEST FOR ENTRY OF
28 DEFAULT AGAINST DEFENDANTS DAVID M. BRAGG AND SILICON VALLEY
REALVENTURES, LLC
mailings cost$ 29.32, for which Plaintiffs respectively request reimbursement.
2
3 I declare under penalty of perjury under the laws of the State of California that
4
the foregoing is true and correct.
5
6
Dated: J~e 9, 2022 By:
7
Collin J. Vierra
8 EIMER STAI-Il.,, LLP
9
Attorney for Plaintiffs Robert
10 Amtsen, Mary Lee, the Amtsen
11 Family Partnership, LP, and the
Brian Christopher Dunn
12
Custodianship
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27 6
AFFIDAVIT OF COLLIN J. VIERRA IN SUPPORT OF REQUEST FOR ENTRY OF
28 DEFAULT AGAINST DEFENDANTS DAVID M. BRAGG AND SILICON VALLEY
REALVENTIJRES, LLC
Exhibit A
From: Dave Bragg
To: Vierra, Collin
Subject: Re: Notice of Lawsuit vs. Dave Bragg, Silicon Valley Real Ventures
Date: Wednesday, May 18, 2022 5:23:37 PM
WARNING: External Email.
Hi Collin,
My attorney will be reaching out to you soon.
Dave Bragg
650-867-9965
Fideli Certa Merces
On Thu, May 12, 2022 at 2:34 PM Vierra, Collin wrote:
Mr. Bragg,
I represent several plaintiffs in a lawsuit in which you, Silicon Valley Real Ventures, SVRV
385 Moore Road, and SVRV 387 Moore Road, among others, have been named as
defendants. We have served you with this lawsuit at several addresses both directly and via a
process server but have not received any response from you or your attorney. I have also left
you a voicemail notifying you of this suit. If we do not receive a response from you, we will
seek a default judgment. As a courtesy, I have reattached these papers for both yourself and
Silicon Valley Real Ventures, and as a further courtesy, we will send you these papers
overnight to a physical address of your choosing if you provide one. If you have an attorney,
please have them contact me directly.
Thank you.
Collin Vierra B
Eimer Stahl LLP
www.eimerstahl.com
99 Almaden Blvd, Suite 642
San Jose, CA 95113-1605
Phone: 408-889-1668
Mobile: 831-917-8266
cvierra@eimerstahl.com
NOTICE: This e-mail message and any attachments transmitted with it may contain legally privileged and
confidential information. It is not intended for transmission to, or receipt by, any unauthorized persons. If you
have received this message in error, please (i) do not read it, (ii) reply to the sender that you received the
message in error, and (iii) erase or destroy the message and all attachments. Legal advice contained in the
preceding message is solely for the benefit of the Eimer Stahl LLP client(s) represented by the Firm in the
particular matter that is the subject of this message, and may not be relied upon by any other party.
Exhibit B
From: Vierra, Collin
To: dave.bragg@gmail.com; d@realsv.com
Subject: Arntsen v. Davis, Case No. 22-CIV-01148: Plaintiffs" First Set of Discovery Requests
Date: Friday, May 27, 2022 8:03:31 PM
Attachments: Equity Institutional Annual Maintenance fee.pdf
Set 1 RFPs Bragg SVRV.pdf
Set 1 RFAs Bragg SVRV.pdf
Set 1 SRogs Bragg SVRV.pdf
Set 1 FRogs SVRV.pdf
Set 1 FRogs Bragg.pdf
Mr. Bragg,
Attached are Plaintiffs’ first set of discovery requests to you and SVRV.
Also attached are recent additional invoices from Equity Institutional to Mr. Arntsen. On behalf of
Mr. Arntsen, I demand that you promptly contact Equity Institutional to finish closing Mr. Arntsen’s
SVRV investment account so that he does not continue to incur these charges.
If you have counsel, they have not contacted me.
Exhibit C
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Exhibit B
From: Ryan
Sent: Friday, February 24, 2023 5:28 PM
To: Vierra, Collin
Subject: Re: ARNTSEN FAMILY PARTNERSHIP, LP, et al vs. GREGORY J DAVIS, et al, Case # 22-CIV-01148
WARNING: External Email
Collin,
You need to update your POS. It has my old firm email address on it.
Thanks,
Ryan
Sent from my iPhone
On Feb 24, 2023, at 5:11 PM, Vierra, Collin wrote:
Counsel, please see the attached notice of lifting of bankruptcy stay.
Collin Vierra To help protect y our priv acy , Microsoft Office prev ented automatic download of this picture from the Internet.
Eimer Stahl LLP www.eimerstahl.com
99 Almaden Blvd, Suite 600
San Jose, CA 95113-1605
Phone: 408-889-1668
Mobile: 831-917-8266
cvierra@EimerStahl.com
NOTICE: This e-mail message and any attachments transmitted with it may contain legally privileged and
confidential information. It is not intended for transmission to, or receipt by, any unauthorized persons. If you
have received this message in error, please (i) do not read it, (ii) reply to the sender that you received the
message in error, and (iii) erase or destroy the message and all attachments. Legal advice contained in the
preceding message is solely for the benefit of the Eimer Stahl LLP client(s) represented by the Firm in the
particular matter that is the subject of this message, and may not be relied upon by any other party.
<7175954_25020230224POSNoticeofLiftingofBankruptcyStay.pdf>
<7175954_40120230224RobertArntsenWoodsideLitigationNoticeofLiftingofBankruptcyStay.pdf>
1
Preview
1 Collin J. Vierra (State Bar No. 322720) EIMER STAHL LLP 2 99 S. Almaden Blvd., Ste. 600 San Jose, CA 95113-1605 3 Telephone: (408) 889-1668 Email: cvierra@eimerstahl.com 4 Attorney for Plaintiffs 5 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 COUNTY OF SAN MATEO 8 Robert Arntsen; Mary Lee; Arntsen Case No. 22-CIV-01148 9 Family Partnership, LP; and Brian Christopher Dunn Custodianship; Dept. 21 10 11 Plaintiffs, Hon. Robert D. Foiles v. 12 EXHIBITS TO RESPONSE TO David M. Bragg; Silicon Valley Real DEFENDANTS DAVID BRAGG’S 13 Ventures LLC; SVRV 385 Moore, AND SILICON VALLEY REAL LLC; SVRV 387 Moore, LLC; Gregory VENTURES LLC’S OPPOSITION 14 J. Davis; Kevin Wolfe; Jason Justesen; TO PLAINTIFFS’ REQUEST FOR 15 Paramont Woodside, LLC; and ENTRY OF DEFAULT AND Paramont Capital, LLC; REQUEST FOR AN EXTENSION 16 OF TIME TO RESPOND OR Defendants. ANSWER 17 18 19 INDEX OF EXHIBITS 20 Exhibit A – June 9, 2022, Affidavit of Collin J. Vierra in Support of Request for 21 22 Entry of Default Against Defendants David M. Bragg and Silicon Valley Real 23 Ventures, LLC; and Exhibits 24 1 REPLY TO DEFENDANTS DAVID BRAGG’S AND SILICON VALLEY REAL VENTURES LLC’S OPPOSITION TO PLAINTIFFS’ REQUEST FOR ENTRY OF DEFAULT AND REQUEST FOR AN EXTENSION OF TIME TO RESPOND OR ANSWER Exhibit B – February 24, 2023, Email correspondence between Collin Vierra and 1 2 Ryan Van Steenis regarding service of Notice of Lifting of Bankruptcy Stay 3 4 5 6 Dated: March 10, 2023 By: ______________________ 7 Collin J. Vierra 8 EIMER STAHL LLP 9 Attorney for Plaintiffs Robert Arntsen, Mary Lee, the Arntsen 10 Family Partnership, LP, and the 11 Brian Christopher Dunn Custodianship 12 13 14 15 16 17 18 19 20 21 22 23 24 2 REPLY TO DEFENDANTS DAVID BRAGG’S AND SILICON VALLEY REAL VENTURES LLC’S OPPOSITION TO PLAINTIFFS’ REQUEST FOR ENTRY OF DEFAULT AND REQUEST FOR AN EXTENSION OF TIME TO RESPOND OR ANSWER Exhibit A 1 Collin J. Vierra (State Bar No. 322720) EIMER STAHL LLP 6/9/2022 2 99 Almaden Blvd., Suite 642 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; Dept. 21 13 Plaintiffs, Hon. Robert D. Foiles 14 v. 15 AFFIDAVIT OF David M. Bragg; Kurtis Stuart Kludt; COLLIN J. VIERRA 16 Silicon Valley Real Ventures LLC; IN SUPPORT OF REQUEST 17 SVRV 385 Moore, LLC; SVRV 387 FOR ENTRY OF DEFAULT Moore, LLC; Gregory J. Davis; AGAINST DEFENDANTS 18 Paramont Woodside, LLC; and DAVID M. BRAGG AND 19 Paramont Capital, LLC; SILICON VALLEY REAL VENTURES, LLC 20 Defendants. 21 22 23 24 25 26 27 1 AFFIDAVIT OF COLLIN J. VIERRA IN SUPPORT OF REQUEST FOR ENTRY OF 28 DEFAULT AGAINST DEFENDANTS DAVID M. BRAGG AND SILICON VALLEY REALVENTURES, LLC 1 I, Collin James Vierra, attest as follows: 2 Background 3 1. I am over 18 years of age, of sound mind, and otherwise competent to 4 make this Affidavit. 5 2. I am not a party to this action. 6 3. I am an attorney at Eimer Stahl, LLP, and am Plaintiffs’ counsel of 7 record in this action. 8 Service of Complaint and Summons 9 4. The following facts, and associated evidence, are also described and 10 attached in my affidavits regarding Defendants David M. Bragg and Silicon Valley 11 Real Ventures, LLC filed with this Court on May 16, 2022: 12 5. On March 16, 2022, I engaged Process Server One to serve 13 Defendants David M. Bragg (“Mr. Bragg”), Silicon Valley Real Ventures, LLC 14 (“SVRV”), and the other Defendants. 15 6. On March 21, 2022, Process Server One provided me with a Proof of 16 Service indicating that it had served Mr. Bragg on March 17, 2022 at one of his 17 places of employment, the Menlo Park Fire Protection District, Station 77, located 18 at 1467 Chilco Street, Menlo Park, California 94025. (See Affidavit of Collin J. 19 Vierra [regarding service of Defendant David M. Bragg], Mar. 16, 2022, Exhibit 20 A). 21 7. On April 13, 2022, Process Server One provided me with a Proof of 22 Service indicating that it had served SVRV’s registered agent in Delaware, located 23 at 2140 South Dupont Highway, Camden, Delaware 19934. (See Affidavit of 24 Collin J. Vierra [regarding service of Defendant Silicon Valley Real Ventures, 25 LLC], Mar. 16, 2022, Exhibit A). 26 8. Out of an abundance of caution, I instructed my paralegal, Mina Al- 27 2 AFFIDAVIT OF COLLIN J. VIERRA IN SUPPORT OF REQUEST FOR ENTRY OF 28 DEFAULT AGAINST DEFENDANTS DAVID M. BRAGG AND SILICON VALLEY REALVENTURES, LLC 1 Ansari, to re-serve each of the Defendants, including Mr. Bragg and SVRV, by 2 mail, to ensure service was completed correctly. 3 9. On April 8, 2022, at my instruction, Ms. Al-Ansari mailed the service 4 papers to Mr. Bragg at the Menlo Park Fire Protection District, located at 170 5 Middlefield Road, Menlo Park, California 94025, which according to Mr. Bragg’s 6 LinkedIn page is his current place of employment. Tracking information confirms 7 these papers were delivered successfully. (See Affidavit of Collin J. Vierra 8 [regarding service of Defendant David M. Bragg], Mar. 16, 2022, Exhibit C). 9 10. On April 8, 2022, at my instruction, Ms. Al-Ansari also mailed the 10 service papers to SVRV’s registered agent in Delaware. (See Affidavit of Collin J. 11 Vierra [regarding service of Defendant Silicon Valley Real Ventures, LLC], Mar. 12 16, 2022, Exhibit C). 13 11. Having not received a response from Mr. Bragg, on April 29, 2022, 14 Ms. Al-Ansari, at my instruction, mailed additional copies of the service papers to 15 Mr. Bragg at the address for SVRV, located at 205 Constitution Drive, Menlo 16 Park, California 95025, which according to Mr. Bragg’s LinkedIn page, is his other 17 current place of employment. According to the United States Postal Service, no 18 one was present at SVRV’s business address during each delivery attempt. (See 19 Affidavit of Collin J. Vierra [regarding service of Defendant David M. Bragg], 20 Mar. 16, 2022, Exhibit F). 21 12. Having still not received a response from Mr. Bragg or SVRV, on 22 May 12, 2022, I contacted Mr. Bragg both by electronic mail at his email address 23 that he uses for SVRV business (realsv.com), and by telephone at the phone 24 number that he uses for SVRV business. I attached the service papers to the email. 25 Mr. Bragg did not answer his phone, so I left him a voicemail informing him of our 26 attempts to reach him and SVRV and our need for a prompt response. (See 27 3 AFFIDAVIT OF COLLIN J. VIERRA IN SUPPORT OF REQUEST FOR ENTRY OF 28 DEFAULT AGAINST DEFENDANTS DAVID M. BRAGG AND SILICON VALLEY REALVENTURES, LLC 1 Affidavit of Collin J. Vierra [regarding service of Defendant David M. Bragg], 2 Mar. 16, 2022, Exhibits I, J). 3 13. Having still not received a response from Mr. Bragg or SVRV, on 4 May 13, 2022, I signed up for a trial of LinkedIn premium, on which platform I 5 sent Mr. Bragg a message informing him of our attempts to reach him and SVRV 6 and our need for a prompt response. (See Affidavit of Collin J. Vierra [regarding 7 service of Defendant David M. Bragg], Mar. 16, 2022, Exhibit K). 8 14. Also on May 13, 2022, Ms. Al-Ansari, at my instruction, mailed 9 additional copies of the service papers to Mr. Bragg and SVRV at Mr. Bragg’s 10 last-known home address, which was provided to me by Mr. Bragg’s and SVRV’s 11 co-Defendant and fellow Managing Director of SVRV, Kurtis M. Kludt (“Mr. 12 Kludt”). Mr. Bragg signed for the deliveries for SVRV and himself on May 14, 13 2022 and May 16, 2022, respectively. 14 15. In or around the first week of May 2022, the webpage for SVRV, 15 realsv.com, was taken down. On information and belief, Mr. Bragg removed this 16 website after being served in this action. According to Mr. Kludt, Mr. Bragg 17 controls the realsv.com website. (See Affidavit of Collin J. Vierra [regarding 18 service of Defendant David M. Bragg], Mar. 16, 2022, Exhibit L; Affidavit of 19 Collin J. Vierra [regarding service of Defendant Silicon Valley Real Ventures, 20 LLC], Mar. 16, 2022, Exhibit I). 21 16. According to Mr. Kludt, Mr. Bragg has spoken with Mr. Kludt about 22 this action since being served. 23 17. Plaintiffs incurred significant expense in serving Mr. Bragg and 24 SVRV. 25 Discovery and Further Outreach 26 18. The following facts, and associated evidence, are in addition to those 27 4 AFFIDAVIT OF COLLIN J. VIERRA IN SUPPORT OF REQUEST FOR ENTRY OF 28 DEFAULT AGAINST DEFENDANTS DAVID M. BRAGG AND SILICON VALLEY REALVENTURES, LLC 1 described and attached in my affidavits regarding Defendants David M. Bragg and 2 Silicon Valley Real Ventures, LLC filed with this Court on May 16, 2022: 3 19. On May 18, 2022, Mr. Bragg emailed me from his Gmail account to 4 say, “Hi Collin, My attorney will be reaching out to you soon.” That email is 5 attached as Exhibit A. This was the first time that Mr. Bragg responded to me. 6 20. To date, I have not been contacted by any attorney for Mr. Bragg or 7 SVRV. 8 21. On May 27, 2022, I served Mr. Bragg and SVRV with discovery at 9 Mr. Bragg’s realsv.com and Gmail email accounts. In that email, I stated, “If you 10 have counsel, they have not contacted me.” That email is attached as Exhibit B. 11 22. Neither Mr. Bragg nor SVRV has responded. 12 Service of CIV-100 (Request for Entry of Default) 13 23. On June 9, 2022, at my instruction, Ms. Al-Ansari mailed Plaintiffs’ 14 Request for Entry of Default, Form CIV-100, to Mr. Bragg and SVRV at four 15 mailing addresses: 16 a. One of Mr. Bragg’s last-known place of employment, Menlo Park 17 Fire Protection District, Station 77, located at 1467 Chilco Street, 18 Menlo Park, California 94025; 19 b. The other of Mr. Bragg’s last-known places of employment and 20 SVRV’s headquarters, Silicon Valley Real Ventures, LLC, 205 21 Constitution Drive, Menlo Park, California 95025; 22 c. Mr. Bragg’s last-known home address, 7230 Fuller Drive, Granite 23 Bay, CA 95746; 24 d. SVRV’s address for its agent for service of process, 2140 South 25 Dupont Highway, Camden, Delaware 19934. 26 24. Confirmation of these mailings is attached as Exhibit C. These 27 5 AFFIDAVIT OF COLLIN J. VIERRA IN SUPPORT OF REQUEST FOR ENTRY OF 28 DEFAULT AGAINST DEFENDANTS DAVID M. BRAGG AND SILICON VALLEY REALVENTURES, LLC mailings cost$ 29.32, for which Plaintiffs respectively request reimbursement. 2 3 I declare under penalty of perjury under the laws of the State of California that 4 the foregoing is true and correct. 5 6 Dated: J~e 9, 2022 By: 7 Collin J. Vierra 8 EIMER STAI-Il.,, LLP 9 Attorney for Plaintiffs Robert 10 Amtsen, Mary Lee, the Amtsen 11 Family Partnership, LP, and the Brian Christopher Dunn 12 Custodianship 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 6 AFFIDAVIT OF COLLIN J. VIERRA IN SUPPORT OF REQUEST FOR ENTRY OF 28 DEFAULT AGAINST DEFENDANTS DAVID M. BRAGG AND SILICON VALLEY REALVENTIJRES, LLC Exhibit A From: Dave Bragg To: Vierra, Collin Subject: Re: Notice of Lawsuit vs. Dave Bragg, Silicon Valley Real Ventures Date: Wednesday, May 18, 2022 5:23:37 PM WARNING: External Email. Hi Collin, My attorney will be reaching out to you soon. Dave Bragg 650-867-9965 Fideli Certa Merces On Thu, May 12, 2022 at 2:34 PM Vierra, Collin wrote: Mr. Bragg, I represent several plaintiffs in a lawsuit in which you, Silicon Valley Real Ventures, SVRV 385 Moore Road, and SVRV 387 Moore Road, among others, have been named as defendants. We have served you with this lawsuit at several addresses both directly and via a process server but have not received any response from you or your attorney. I have also left you a voicemail notifying you of this suit. If we do not receive a response from you, we will seek a default judgment. As a courtesy, I have reattached these papers for both yourself and Silicon Valley Real Ventures, and as a further courtesy, we will send you these papers overnight to a physical address of your choosing if you provide one. If you have an attorney, please have them contact me directly. Thank you. Collin Vierra B Eimer Stahl LLP www.eimerstahl.com 99 Almaden Blvd, Suite 642 San Jose, CA 95113-1605 Phone: 408-889-1668 Mobile: 831-917-8266 cvierra@eimerstahl.com NOTICE: This e-mail message and any attachments transmitted with it may contain legally privileged and confidential information. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this message in error, please (i) do not read it, (ii) reply to the sender that you received the message in error, and (iii) erase or destroy the message and all attachments. Legal advice contained in the preceding message is solely for the benefit of the Eimer Stahl LLP client(s) represented by the Firm in the particular matter that is the subject of this message, and may not be relied upon by any other party. Exhibit B From: Vierra, Collin To: dave.bragg@gmail.com; d@realsv.com Subject: Arntsen v. Davis, Case No. 22-CIV-01148: Plaintiffs" First Set of Discovery Requests Date: Friday, May 27, 2022 8:03:31 PM Attachments: Equity Institutional Annual Maintenance fee.pdf Set 1 RFPs Bragg SVRV.pdf Set 1 RFAs Bragg SVRV.pdf Set 1 SRogs Bragg SVRV.pdf Set 1 FRogs SVRV.pdf Set 1 FRogs Bragg.pdf Mr. Bragg, Attached are Plaintiffs’ first set of discovery requests to you and SVRV. Also attached are recent additional invoices from Equity Institutional to Mr. Arntsen. On behalf of Mr. Arntsen, I demand that you promptly contact Equity Institutional to finish closing Mr. Arntsen’s SVRV investment account so that he does not continue to incur these charges. If you have counsel, they have not contacted me. Exhibit C U.S. Postal Service™ ,::Q CERTIFIED MAIL® RECEIPT ...a Domestic Mail Only LJ"I I'- Postmark Here ~ ,-:i Posmg ~• 7 • ~3 $ U.S. Postal Service™ IT' CERTIFIED MAIL® RECEIPT IT' Domestic Mail Only LJ"I l'- 1.J"l ...a kC-erti-.fi~,ed-M~aJl ~ Fee~- ~ ~ ~ ~ ~ ~ ~ ~- E ~ ~-=~ = - - . . 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It has my old firm email address on it. Thanks, Ryan Sent from my iPhone On Feb 24, 2023, at 5:11 PM, Vierra, Collin wrote: Counsel, please see the attached notice of lifting of bankruptcy stay. Collin Vierra To help protect y our priv acy , Microsoft Office prev ented automatic download of this picture from the Internet. Eimer Stahl LLP www.eimerstahl.com 99 Almaden Blvd, Suite 600 San Jose, CA 95113-1605 Phone: 408-889-1668 Mobile: 831-917-8266 cvierra@EimerStahl.com NOTICE: This e-mail message and any attachments transmitted with it may contain legally privileged and confidential information. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this message in error, please (i) do not read it, (ii) reply to the sender that you received the message in error, and (iii) erase or destroy the message and all attachments. Legal advice contained in the preceding message is solely for the benefit of the Eimer Stahl LLP client(s) represented by the Firm in the particular matter that is the subject of this message, and may not be relied upon by any other party. <7175954_25020230224POSNoticeofLiftingofBankruptcyStay.pdf> <7175954_40120230224RobertArntsenWoodsideLitigationNoticeofLiftingofBankruptcyStay.pdf> 1