Preview
Exhibit 10
(Defendants’ Notice of Motion, Motion to Strike, Meet & Confer Declaration, and
Request for Judicial Notice (with one Exhibit))
1 Ryan van Steenis (SBN 254542)
1601 S Shepherd Dr., #276
2 Houston, Texas 77019
314-749-2284
3 rjvansteenis@gmail.com
4
Attorney for Defendants Dave Bragg, and
5 Silicon Valley Real Ventures, LLC
6
SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE 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, ) NOTICE OF MOTION TO STRIKE AND
11 ) DEFENDANTS DAVID BRAGG AND
Plaintiffs, ) SILICON VALLEY REAL VENTURES
) LLC’S MOTION TO STRIKE
12 PLAINTIFFS’ FIRST AMENDED
vs. )
) COMPLAINT
13
David M. Bragg; Kurtis Stuart Kludt; Silicon ) [Filed concurrently Memorandum of Points and
14 Valley Real Ventures LLC; SVRV 385 Moore, ) Authorities, Declaration of Ryan van Steenis,
LLC; SVRV 387 Moore, LLC; Gregory J. Davis; ) and Request for Judicial Notice]
15 Kevin Wolfe; Jason Justesen; Paramont )
Woodside, LLC; and Paramont Capital, LLC; ) Judge: Hon. Robert D. Foiles
16 ) Date: June 2, 2023
) Time: 9:00 a.m.
17 ) Dept: 21
Defendants. ) Courtroom: 2J
18 )
)
19 )
)
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21 TO THE COURT, PLAINTIFFS, AND THEIR ATTORNEYS OF RECORD:
22 NOTICE IS HEREBY PROVIDED that on June 2, 2023, at 9:00 a.m. or as soon thereafter
23 as the matter may be heard in Department 21 of the above-entitled court, located at 400 County
24 Center, Redwood City, California 94063, Defendants David Bragg and Silicon Valley Real
25 Ventures LLC (collectively “Defendants”), hereby move this Court for an order granting their
26 Motion to Strike certain of Plaintiffs’ allegations as identified in these papers pursuant to California
27 Rules of Court Rule 3.1322 and Code of Civil Procedure sections 435, 436, and 437, and the
28 California Evidence Code sections 452 and 453.
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Bragg and SVRV’s Notice of Motion and Motion to Strike
1 Defendants request that the following portions of the First Amended Complaint (“FAC”) be
2 stricken, as follows:
3 1. FAC ¶22, last clause: “… in carrying out the fraud and other misconduct complained
4 of herein” (improper matter inserted in a description of defendant).
5 2. FAC ¶24, last clause: “…, who routinely siphoned money from SVRV’s accounts to
6 pay themselves and their families for unauthorized expenses that were never properly accounted
7 for” (improper matter inserted in a description of defendant).
8 3. FAC ¶54: “… the Effective Operating Agreements required ‘unanimous approval of
9 the Members in a consent in writing’ for:
10 • ‘the admission of a new Member or a change in any Member’s Membership
11 Interest, Ownership Interest, Percentage Interest, or Voting Interest;
12 • ‘[a]ny other act outside the ordinary course of the Company’s activities’ and
13 • ‘[t]he amendment of th[ese] Agreement[s]’”
14 (false assertion – the language quoted and relied upon by Plaintiffs is not found in the Effective
15 Operating Agreement; see, Request for Judicial Notice, Exhibit 1, Article III, ¶2 at p. 17 of Exhibit
16 C to Arnsten’s Bankruptcy Declaration: “Passive Members shall not be involved in any
17 management decisions affecting the Company or Property, and shall have no voting rights, but may
18 provide input to the Active Members from time to time about any issues relating to the Project;” see
19 also, id at ¶3: “Additional Members may be admitted with the unanimous approval of all Active
20 Members”).1
21 4. FAC ¶70, 71, 72, and 73, in their entirety as irrelevant to any cause of action asserted
22 by Plaintiffs.
23 5. FAC ¶80: “Plaintiffs never would have consented to such wholesale amendments to
24 the Effective Operating Agreements …” (irrelevant; the Effective Operating Agreement did not
25 authorize Passive Members to do so and any amendment under its terms only had to be in writing
26 and signed by members; consent was not needed from Passive Members. See, RJN, Exh. 1, Art. III,
27
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28 Plaintiffs allege SVRV was the sole Active Member and admit they were Passive Members. See, FAC ¶55 at 18:6-8:
“Bob and the Arntsen Partnership . . . were Passive Members … . SVRV was the Active Member”).
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Bragg and SVRV’s Notice of Motion and Motion to Strike
1 ¶ 2, at p. 17 of the exhibit; see also, id. at Art. XII, ¶7, at p. 34 of the exhibit: “Amendments. All
2 amendments to this Agreement will be in writing and signed by all of the Members”).
3 6. FAC ¶83, entire paragraph (false and improper allegation; the Effective Operating
4 Agreement’s terms explicitly authorized SVRV as the sole Active Member to add Paramont as a
5 Member to the Moore Road LLCs; see, RJN, Exh. 1, Art. III, ¶3, at p. 17 of the exhibit).
6 7. FAC ¶101, entire paragraph (Crevelt lawsuit and its resolution is irrelevant to any
7 cause of action asserted by Plaintiffs).
8 8. FAC ¶102, entire paragraph (irrelevant to any cause of action asserted by Plaintiffs).
9 9. FAC ¶117: “Bragg did not disclose that he was service as Ms. Marchbank’s co-
10 broker, which entitled him to 50% of the seller’s commission” (false allegation and irrelevant – the
11 Effective Operating Agreement gave Bragg the exclusive right to be the listing/selling agent for the
12 Moore Road Properties; see, RJN, Exh. 1, Art. IV, ¶7, at p. 23 of the exhibit (last sentence): “It is
13 specifically agreed that David Bragg will be the listing agent for the Property and any sale thereof,
14 pursuant to a standard listing agreement”).
15 10. FAC ¶124, last clause: “[T]he only reason for making Bragg a co-broker was to
16 enable him receive (sic) additional remuneration in the form of a $75,000 broker’s fee” (false
17 allegation and irrelevant – the Effective Operating Agreement gave Bragg the exclusive right to be
18 the listing/selling agent for the Moore Road Properties; see, RJN, Exh. 1, Art. IV, ¶7, at p. 23 of the
19 exhibit (last sentence): “It is specifically agreed that David Bragg will be the listing agent for the
20 Property and any sale thereof, pursuant to a standard listing agreement”).
21 11. FAC ¶138, second sentence: “As of the date of sale for 387 Moore Road, its fair
22 market value was estimated at $9,137,038” (irrelevant to any cause of action asserted by Plaintiffs;
23 and improper matter using a website’s estimate of value instead of an appraisal on the property).
24 12. FAC ¶138, third sentence: “As of the date of sale for 385 Moore Road, its fair
25 market value was estimated at $7,509,490 (irrelevant to any cause of action asserted by Plaintiffs;
26 and improper matter using a website’s estimate of value instead of an appraisal on the property).
27 13. FAC ¶141, 142, and 143, entire paragraphs (improper and irrelevant allegations to
28 any cause of action asserted by Plaintiffs).
-3-
Bragg and SVRV’s Notice of Motion and Motion to Strike
1 14. FAC ¶153, last sentence: “… yet made a $75,000 broker’s fee” (improper matter
2 asserted as the broker’s fee was explicitly authorized by the Effective Operating Agreement; RJN,
3 Exh. 1, Art. IV, ¶7, at p. 23 of the exhibit (last sentence): “It is specifically agreed that David Bragg
4 will be the listing agent for the Property and any sale thereof, pursuant to a standard listing
5 agreement”).
6 15. FAC ¶162, 163, and 164, entire paragraphs (improper matter and irrelevant
7 allegations to any cause of action asserted by Plaintiffs as post-litigation actions have no bearing on
8 Plaintiffs’ claims).
9 Plaintiffs’ punitive damage allegations:
10 16. FAC ¶174: “… Bragg’s, [and] SVRV’s … conduct was willful, outrageous,
11 malicious, oppressive, and fraudulent. In addition to compensatory damages, punitive damages are
12 necessary to punish … Bragg [and] SVRV … for this conduct and to discourage similar conduct in
13 the future.”
14 17. FAC ¶182: “… Bragg’s, [and] SVRV’s conduct was willful, outrageous, malicious,
15 oppressive, and fraudulent. In addition to compensatory damages, punitive damages are necessary
16 to punish … Bragg [and] SVRV … for this conduct and to discourage similar conduct in the
17 future.”
18 18. FAC ¶193: “… Bragg’s, [and] SVRV’s … conduct was willful, outrageous,
19 malicious, oppressive, and fraudulent. In addition to compensatory damages, punitive damages are
20 necessary to punish … Bragg [and] SVRV … for this conduct and to discourage similar conduct in
21 the future.”
22 19. FAC ¶200: “… Bragg’s, [and] SVRV’s conduct was willful, outrageous, malicious,
23 oppressive, and fraudulent. In addition to compensatory damages, punitive damages are necessary
24 to punish … Bragg [and] SVRV … for this conduct and to discourage similar conduct in the
25 future.”
26 20. FAC ¶209, entire paragraph.
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Bragg and SVRV’s Notice of Motion and Motion to Strike
1 21. FAC ¶220: “… Bragg’s, [and] SVRV’s … conduct was willful, outrageous,
2 malicious, oppressive, and fraudulent. In addition to compensatory damages, punitive damages are
3 necessary to punish Defendants for this conduct and to discourage similar conduct in the future.”
4 22. FAC ¶230, entire paragraph.
5 23. FAC ¶236, entire paragraph.
6 24. FAC ¶245, entire paragraph.
7 25. FAC ¶252, entire paragraph.
8 26. FAC ¶259, entire paragraph.
9 27. FAC ¶265, entire paragraph.
10 28. Request for relief, paragraph C: “Punitive damages.”
11 This motion to strike is based on this notice, the memorandum of points and authorities, the
12 declaration of Ryan van Steenis regarding the CCP §435.5’s meet and confer requirements, the
13 request for judicial notice, the operative pleadings on record in this matter, and any oral
14 documentary evidence presented to the court as the time of the hearing.
15
16 DATED: March 22, 2023
17 Ryan van Steenis
Attorney for Defendant Bragg and
18 Silicon Valley Real Ventures, LLC
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Bragg and SVRV’s Notice of Motion and Motion to Strike
1 PROOF OF SERVICE
2 I am over the age of 18 and not a party to this action. I hereby certify that on March 22,
3 2023, I served the following document(s) on the parties in the above-entitled action:
4 DAVID BRAGG AND SILICON VALLEY REAL VENTURES LLC’S NOTICE OF
5 MOTION AND MOTION TO STRIKE PLAINTIFFS’ FIRST AMENDED
6 COMPLAINT
7 Via Email: I emailed the document(s) referenced above to the following persons at the following
8 email addresses:
Robert Dunn
9
rdunn@eimerstahl.com
10 Collin Vierra
cvierra@eimerstahl.com
11 Counsel for Plaintiffs
12 Jessica Chong
13 jchong@spencerfane.com
Brian Zimmerman
14 bzimmerman@spencerfane.com
Nicolas Reisch
15 nreisch@spencerfane.com
Ernesto Aldover
16 ernesto@arealestatelawfirm.com
17 Counsel for Defendants Gregory J. Davis, Kevin Wolfe, Jason Justesen, Paramont
Woodside, LLC, Paramont Capital, LLC, SVRV 385 Moore, LLC, and SVRV 387 Moore,
18 LLC
19 I declare under penalty of perjury under the laws of the State of California that the foregoing is a
20 true and correct statement.
21 Dated: March 22, 2023
22 Ryan van Steenis
Attorney for Defendant Bragg and
23 Silicon Valley Real Ventures, LLC
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Proof of Service to Bragg and SVRV’s Notice of Motion and Motion to Strike
1 Ryan van Steenis (SBN 254542)
1601 S Shepherd Dr., #276
2 Houston, Texas 77019
314-749-2284
3 rjvansteenis@gmail.com
4
Attorney for Defendants Dave Bragg, and
5 Silicon Valley Real Ventures, LLC
6 SUPERIOR COURT OF THE STATE OF CALIFORNIA
7 FOR THE COUNTY OF SAN MATEO
8
9 Robert Arntsen; Mary Lee; Arntsen Family ) Case No.: 22-CIV-01148
Partnership, LP; and Brian Christopher Dunn )
10 Custodianship, ) DEFENDANT DAVID BRAGG AND
) SILICON VALLEY REAL VENTURE’S
11 Plaintiffs, ) REQUEST FOR JUDICIAL NOTICE
) PURSUANT TO CAL. EVID. CODE §452
12 vs. ) AND 453
)
13 David M. Bragg; Kurtis Stuart Kludt; Silicon ) [Filed concurrently with Defendant Bragg and
SVRV’s Notice of Motion and Motion to Strike,
Valley Real Ventures LLC; SVRV 385 Moore, ) Memorandum of Points & Authorities, and
14 LLC; SVRV 387 Moore, LLC; Gregory J. Davis; ) Declaration of Ryan van Steenis]
Paramont Woodside, LLC; and Paramont Capital, )
15 LLC, )
) Judge: Hon. Robert D. Foiles
16 ) Date: June 2, 2023
) Time: 9:00 a.m.
17 Defendants. ) Dept: 21
) Courtroom: 2J
18 )
)
19 )
)
20
21 Pursuant to Evidence Code sections 452 (d)(2) and 453, Defendants David Bragg and Silicon
22 Valley Real Ventures LLC request that this Court take judicial notice of the following bankruptcy
23 court document:
24 1. Plaintiff Robert Arntsen’s exhibits attached to his affidavit filed on February 21, 2023,
25 in the United States Bankruptcy Court, Eastern District of California, Sacramento Division,
26 before the Hon. Christopher Jamie, case no. 22-02112. A true and correct copy of the exhibits filed
27 with Arntsen’s affidavit in the bankruptcy court is attached to this request as Exhibit 1.
28
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Bragg and SVRV’s Request for Judicial Notice
1 DATED: March 22, 2023
2 Ryan van Steenis
Attorney for Defendant Bragg and
3 Silicon Valley Real Ventures, LLC
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Bragg and SVRV’s Request for Judicial Notice
PROOF OF SERVICE
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I am over the age of 18 and not a party to this action. I hereby certify that on March 22,
2
2023, I served the following document(s) on the parties in the above-entitled action:
3
DEFENDANT DAVID BRAGG’S REQUEST FOR JUDICIAL NOTICE PURSUANT
4
TO CALIFORNIA EVIDENCE CODE §452 and 453
5
Via Email: I emailed the document(s) referenced above to the following persons at the following
6
email addresses:
7 Robert Dunn
rdunn@eimerstahl.com
8
Collin Vierra
9 cvierra@eimerstahl.com
Counsel for Plaintiffs
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Jessica Chong
11 jchong@spencerfane.com
12 Brian Zimmerman
bzimmerman@spencerfane.com
13 Counsel for Defendants Gregory J. Davis, Paramont Woodside, LLC, and Paramont
Capital, LLC
14
I declare under penalty of perjury under the laws of the State of California that the foregoing is a
15
true and correct statement.
16
Dated: March 22, 2023
17
Ryan van Steenis
18 Attorney for Defendant Bragg and
Silicon Valley Real Ventures, LLC
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Proof of Service to Bragg and SVRV’s Request for Judicial Notice
Exhibit 1 to Request for Judicial Notice
(Exhibits to Robert Arntsen’s February 21, 2023, Declaration filed in United States
Bankruptcy Court, Eastern District, Sacramento Division, Case No. 22-02112)
Filed 02/21/23 Case 22-02112 Doc 28
1 Total Page Count: 73
2 Collin James Vierra (SBN 322720)
3 EIMER STAHL LLP
99 S. Almaden Blvd., Ste. 600
4 San Jose, CA 95113-1605
Telephone: (408) 889-1668
5
Email: cvierra@eimerstahl.com
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Attorney for Plaintiffs
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8 UNITED STATES BANKRUPTCY COURT
9 EASTERN DISTRICT OF CALIFORNIA
10 SACRAMENTO DIVISION
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13 In re: DAVID MATTHEW BRAGG, Case No. 22-22700
14 Adv. Proc. No. 22-02112
15 Debtor. DCN: CJV-1
16 ___________________________________ Chapter 7
17 ROBERT ARNTSEN, MARY LEE,
ARNTSEN FAMILY PARTNERSHIP, LP,
18 EXHIBITS TO AFFIDAVIT
BRIAN CHRISTOPHER DUNN
OF ROBERT ARNTSEN -
19 CUSTODIANSHIP, JOHN HO, and
VOLUME I
20
QUANYU HUANG,
21
Plaintiffs,
Hon. Christopher Jaime
22
Hearing Date: March 28, 2023
23
vs.
Hearing Time: 9:30 a.m.
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Room: Courtroom 32, 6th Floor
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DAVID MATTHEW BRAGG,
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Defendant.
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EXHIBITS TO AFFIDAVIT OF ROBERT ARNTSEN - VOLUME I
EXHIBIT PAGE 1
Filed 02/21/23 Case 22-02112 Doc 28
1 INDEX
2
Volume I
3 Page #
4 Exhibit A: January 23, 2015, Investment Agreement and Financial Transfer
5
Authorization between Robert “Bob” Arntsen and Silicon Valley Real Ventures,
6
7 LLC………………………………………………………………………..………. 5
8
Exhibit B: February 27, 2018, Email Correspondence from Kurtis Kludt to Robert
9
10 “Bob” Arntsen re: Effective Operating Agreements and Investment-Subscription
11 Agreement……………………………………..…………………………..……...13
12
13 Exhibit C: February 8, 2018, Effective Operating Agreement for Woodside Parcel
14 B, LLC………………………………………...…………………………..………15
15
16 Exhibit D: February 8, 2018, Effective Operating Agreement for Woodside Parcel
17 C, LLC………………………………………...…………………………..………38
18
19 Exhibit E: 2018 Investment-Subscription Agreement between Martha Dunn and
20 Robert “Bob” Arntsen, and 389 Moore Road, Woodside…………………………61
21
22 Exhibit F: June 25, 2018, Check Issued by Robert “Bob” Arntsen, Amount:
23
$30,000, Memo: Moore Road Investment…………………………………………65
24
25 Exhibit G: August 29, 2018, Email Correspondence between David Bragg, Robert
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“Bob” Arntsen, Martha Dunn, and Mary Lee re: Investor Agreements…………..67
27
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EXHIBITS TO AFFIDAVIT OF ROBERT ARNTSEN - VOLUME I
EXHIBIT PAGE 2
Filed 02/21/23 Case 22-02112 Doc 28
1 Exhibit H: Cap Table and List of Investors for Moore Lots, as of November 19,
2
2018…………………………………………………………………………….....70
3
4 Exhibit I: March 19, 2019, Check Issued by Robert “Bob” Arntsen, Amount:
5
$100,000, Memo: For SVRV Mo[o]re Road …………………………..………....72
6
7 Volume II
8
Exhibit J: May 6, 2019, Email Correspondence between David Bragg, Martha Dunn
9
10 and Robert “Bob” Arntsen re: Return of Short-Term Loans…………..………....75
11
Exhibit K: August 9, 2019, Silicon Valley Real Ventures LLC Account
12
13 QuickReport Spreadsheet Titled ‘Money Raised for Moore’ ……...…..………...76
14
Exhibit L: November 27, 2018, Unapproved Operating Agreement of SVRV 385
15
16 Moore, LLC………………………………………………………..…..……….... 82
17
Exhibit M: November 27, Unapproved Operating Agreement of SVRV 387 Moore,
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19 LLC………….……………………………………………………..…..…….......119
20
Volume III
21
22 Exhibit N: June 2019, Unapproved Investment-Subscription Agreement between
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Robert “Bob” Arntsen and SVRV 385 Moore, LLC……………….…..………...156
24
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Exhibit O: June 2019, Unapproved Investment-Subscription Agreement between
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Robert “Bob” Arntsen and SVRV 387 Moore, LLC……………….…..………...179
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EXHIBITS TO AFFIDAVIT OF ROBERT ARNTSEN - VOLUME I
EXHIBIT PAGE 3
Filed 02/21/23 Case 22-02112 Doc 28
1 Exhibit P: March 23, 2020, Email Correspondence from David Bragg to Kurtis
2
Kludt re: Need for Additional Funds……………………………….…..………..202
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4 Exhibit Q: April 1, 2020, Wire Transaction Summary from Robert “Bob” Arntsen
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to SVRV 385 Moore, LLC, Amount: $4,524…………………………...………..205
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7 Exhibit R: June 3, 2021, Email Correspondence between Robert “Bob” Arntsen,
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David Bragg, and Kurtis Kludt re: Moore Road Properties and Bob’s Short-Term
9
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Loan……………………………………………………………………….……..207
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EXHIBITS TO AFFIDAVIT OF ROBERT ARNTSEN - VOLUME I
EXHIBIT PAGE 4
Filed 02/21/23 Case 22-02112 Doc 28
Exhibit A
EXHIBIT PAGE 5
Filed 02/21/23 Case 22-02112 Doc 28
• -
SILICON VALLEY
Real Ventures
Investment Agreement
Bob Arntsen & Silicon Valley Real Ventures, LLC
Investment terms
Equity Trust Company Custodian FBO Bob Arntsen IRA agrees to invest $152,500 into Silicon Valley Real Ventures, LLC
(SVRV) on or before February 29, 2015 with the option to invest more in the period February 2015 till end of April 2015
or until fundraising closes, whatever comes first, on the same terms.
The investment will be spent on operational costs, especially related to fundraising for SVRV Real Estate Fund I, including
extensive internationaJ travel, tec;:im and professional service expenses, and legal formation related to establishment of
fund structure and tax expenses.
Ownership
We are currently offering 10% membership of SVRV for an investment of $1M. E.g., an investment of $100,000 buys you
1% of SVRV as a non-managing/non-voting member, until you are paid back 1.Sx, at which point the membership
automatically expires.
Pay back
You \~ill receive your investment back in the following way:
1. SVRV will pay back the original investment plus a preferred return - e.g., for $100,000, in total 1.5x = $150,000.
2. The payback will be made based on a 50/50 split of net-income between SVRV and the $1M raise, until original
investment of l.Sx has b~en fully paid. Payback is expected to start once positive net cash-flow from SVRV
operations reaches $1M.
Fund participation
Upon establishment of SVRV Real Estate Fund I, you will automatically become an LP in this fund and receive projected
returns on the same terms as any other LP based on your investment, minus what you have already have been paid back .
Information
You shall receive quarterly email updates on the progress of the SVRV until l.5x return of investment has been fully paid
to you .
Contact information
Your contact person in anything related to your investment with SVRV is Managing Director Dave Bragg. You can reach
him by email: d@svreventures.com or by cell phone: +1.650.867.9965.
Investment funded
Investment can be performed by check, wire or via Custodian IRA account. SVRV provides details. Date of investment will
be adjusted to the date investment is actually received, since investing via Custodian IRA account can delay the arrival.
. .
EXHIBIT PAGE 6
Filed 02/21/23 Case 22-02112 Doc 28
Confidentiality
This agreement is confidential. You may not disclose this agreement to any person other than your accountant, tax
advisor, lawyer, or other persons advising you on th is investment - and then only in confidentiality and in connection
with this agreement.
In the event of a dispute
This agreement is signed with Silicon Va lley Real Ventures, a Limited Liability Corporation of the State of Delaware. In the
event of disputes, the two parties will do their best to solve any issues in open conversation . If solution is not found, then
a professiona l California based mediator can be brought in. The agreement is government by the State of Del aware.
By signing this agreement, you acknowledge that any investment comes with variable risk and that you accept the terms
listed above. SVRV is excited to move forward with you on the team!
Menlo Park,
Date: January 23, 2015 Date: January 23, 2015
..,,-- ./ ---
Signature ( \ - - c..= -=7:~ --
Dave Bragg Bob Arntsen
Managing Director Accredited Investor
i;' Gvs:·r~· --,-~..)~ r c~;"l'}P,A;;!"&Ji tU$.'ivtcrAAJ FS.o Bis AR)v[>~'V·
:C~A
EXHIBIT PAGE 7
Filed 02/21/23 Case 22-02112 Doc 28
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EQ!JITY PRIVATE DEBT DOI
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0 EXPEDITED PROCESSING SERVICE* ($50.00) ~ NORMAL PROCESSING SERVIC~
If there is sufficient cash in your account to process tl1e transaction, expe- Normal jnvestment processing will be completed in approximately three
dited processing requests will generally be completed in ·-b-us1ness
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3 IN-V EST.M ENT INFORMATION .
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~ New Purchase
□ Additional Purchase*
□ Exchange
*An additional purchase or add-on occurs when additional funds are sent out for·additional shares or percentage of ownership of an
;nvestmentthat was previously purchased by your account. i'
BORROWER'S NAME (lndlvlduol or Entity Name) AMOUNT
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NOTE TYPE:
□ New Note
□ Buying an Existing Note
□ Seller Carry Bacl< (Please co1nplete a Sale DOI along ~ itl1 this fon11 .)
.,
I
WHAT PERCENTAGE OF THE NOTE WILL BE OWNED BY TH IS IRA? FACE VALUE OF THE NOTE I
Preview
Exhibit 10 (Defendants’ Notice of Motion, Motion to Strike, Meet & Confer Declaration, and Request for Judicial Notice (with one Exhibit)) 1 Ryan van Steenis (SBN 254542) 1601 S Shepherd Dr., #276 2 Houston, Texas 77019 314-749-2284 3 rjvansteenis@gmail.com 4 Attorney for Defendants Dave Bragg, and 5 Silicon Valley Real Ventures, LLC 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 FOR THE 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, ) NOTICE OF MOTION TO STRIKE AND 11 ) DEFENDANTS DAVID BRAGG AND Plaintiffs, ) SILICON VALLEY REAL VENTURES ) LLC’S MOTION TO STRIKE 12 PLAINTIFFS’ FIRST AMENDED vs. ) ) COMPLAINT 13 David M. Bragg; Kurtis Stuart Kludt; Silicon ) [Filed concurrently Memorandum of Points and 14 Valley Real Ventures LLC; SVRV 385 Moore, ) Authorities, Declaration of Ryan van Steenis, LLC; SVRV 387 Moore, LLC; Gregory J. Davis; ) and Request for Judicial Notice] 15 Kevin Wolfe; Jason Justesen; Paramont ) Woodside, LLC; and Paramont Capital, LLC; ) Judge: Hon. Robert D. Foiles 16 ) Date: June 2, 2023 ) Time: 9:00 a.m. 17 ) Dept: 21 Defendants. ) Courtroom: 2J 18 ) ) 19 ) ) 20 21 TO THE COURT, PLAINTIFFS, AND THEIR ATTORNEYS OF RECORD: 22 NOTICE IS HEREBY PROVIDED that on June 2, 2023, at 9:00 a.m. or as soon thereafter 23 as the matter may be heard in Department 21 of the above-entitled court, located at 400 County 24 Center, Redwood City, California 94063, Defendants David Bragg and Silicon Valley Real 25 Ventures LLC (collectively “Defendants”), hereby move this Court for an order granting their 26 Motion to Strike certain of Plaintiffs’ allegations as identified in these papers pursuant to California 27 Rules of Court Rule 3.1322 and Code of Civil Procedure sections 435, 436, and 437, and the 28 California Evidence Code sections 452 and 453. -1- Bragg and SVRV’s Notice of Motion and Motion to Strike 1 Defendants request that the following portions of the First Amended Complaint (“FAC”) be 2 stricken, as follows: 3 1. FAC ¶22, last clause: “… in carrying out the fraud and other misconduct complained 4 of herein” (improper matter inserted in a description of defendant). 5 2. FAC ¶24, last clause: “…, who routinely siphoned money from SVRV’s accounts to 6 pay themselves and their families for unauthorized expenses that were never properly accounted 7 for” (improper matter inserted in a description of defendant). 8 3. FAC ¶54: “… the Effective Operating Agreements required ‘unanimous approval of 9 the Members in a consent in writing’ for: 10 • ‘the admission of a new Member or a change in any Member’s Membership 11 Interest, Ownership Interest, Percentage Interest, or Voting Interest; 12 • ‘[a]ny other act outside the ordinary course of the Company’s activities’ and 13 • ‘[t]he amendment of th[ese] Agreement[s]’” 14 (false assertion – the language quoted and relied upon by Plaintiffs is not found in the Effective 15 Operating Agreement; see, Request for Judicial Notice, Exhibit 1, Article III, ¶2 at p. 17 of Exhibit 16 C to Arnsten’s Bankruptcy Declaration: “Passive Members shall not be involved in any 17 management decisions affecting the Company or Property, and shall have no voting rights, but may 18 provide input to the Active Members from time to time about any issues relating to the Project;” see 19 also, id at ¶3: “Additional Members may be admitted with the unanimous approval of all Active 20 Members”).1 21 4. FAC ¶70, 71, 72, and 73, in their entirety as irrelevant to any cause of action asserted 22 by Plaintiffs. 23 5. FAC ¶80: “Plaintiffs never would have consented to such wholesale amendments to 24 the Effective Operating Agreements …” (irrelevant; the Effective Operating Agreement did not 25 authorize Passive Members to do so and any amendment under its terms only had to be in writing 26 and signed by members; consent was not needed from Passive Members. See, RJN, Exh. 1, Art. III, 27 1 28 Plaintiffs allege SVRV was the sole Active Member and admit they were Passive Members. See, FAC ¶55 at 18:6-8: “Bob and the Arntsen Partnership . . . were Passive Members … . SVRV was the Active Member”). -2- Bragg and SVRV’s Notice of Motion and Motion to Strike 1 ¶ 2, at p. 17 of the exhibit; see also, id. at Art. XII, ¶7, at p. 34 of the exhibit: “Amendments. All 2 amendments to this Agreement will be in writing and signed by all of the Members”). 3 6. FAC ¶83, entire paragraph (false and improper allegation; the Effective Operating 4 Agreement’s terms explicitly authorized SVRV as the sole Active Member to add Paramont as a 5 Member to the Moore Road LLCs; see, RJN, Exh. 1, Art. III, ¶3, at p. 17 of the exhibit). 6 7. FAC ¶101, entire paragraph (Crevelt lawsuit and its resolution is irrelevant to any 7 cause of action asserted by Plaintiffs). 8 8. FAC ¶102, entire paragraph (irrelevant to any cause of action asserted by Plaintiffs). 9 9. FAC ¶117: “Bragg did not disclose that he was service as Ms. Marchbank’s co- 10 broker, which entitled him to 50% of the seller’s commission” (false allegation and irrelevant – the 11 Effective Operating Agreement gave Bragg the exclusive right to be the listing/selling agent for the 12 Moore Road Properties; see, RJN, Exh. 1, Art. IV, ¶7, at p. 23 of the exhibit (last sentence): “It is 13 specifically agreed that David Bragg will be the listing agent for the Property and any sale thereof, 14 pursuant to a standard listing agreement”). 15 10. FAC ¶124, last clause: “[T]he only reason for making Bragg a co-broker was to 16 enable him receive (sic) additional remuneration in the form of a $75,000 broker’s fee” (false 17 allegation and irrelevant – the Effective Operating Agreement gave Bragg the exclusive right to be 18 the listing/selling agent for the Moore Road Properties; see, RJN, Exh. 1, Art. IV, ¶7, at p. 23 of the 19 exhibit (last sentence): “It is specifically agreed that David Bragg will be the listing agent for the 20 Property and any sale thereof, pursuant to a standard listing agreement”). 21 11. FAC ¶138, second sentence: “As of the date of sale for 387 Moore Road, its fair 22 market value was estimated at $9,137,038” (irrelevant to any cause of action asserted by Plaintiffs; 23 and improper matter using a website’s estimate of value instead of an appraisal on the property). 24 12. FAC ¶138, third sentence: “As of the date of sale for 385 Moore Road, its fair 25 market value was estimated at $7,509,490 (irrelevant to any cause of action asserted by Plaintiffs; 26 and improper matter using a website’s estimate of value instead of an appraisal on the property). 27 13. FAC ¶141, 142, and 143, entire paragraphs (improper and irrelevant allegations to 28 any cause of action asserted by Plaintiffs). -3- Bragg and SVRV’s Notice of Motion and Motion to Strike 1 14. FAC ¶153, last sentence: “… yet made a $75,000 broker’s fee” (improper matter 2 asserted as the broker’s fee was explicitly authorized by the Effective Operating Agreement; RJN, 3 Exh. 1, Art. IV, ¶7, at p. 23 of the exhibit (last sentence): “It is specifically agreed that David Bragg 4 will be the listing agent for the Property and any sale thereof, pursuant to a standard listing 5 agreement”). 6 15. FAC ¶162, 163, and 164, entire paragraphs (improper matter and irrelevant 7 allegations to any cause of action asserted by Plaintiffs as post-litigation actions have no bearing on 8 Plaintiffs’ claims). 9 Plaintiffs’ punitive damage allegations: 10 16. FAC ¶174: “… Bragg’s, [and] SVRV’s … conduct was willful, outrageous, 11 malicious, oppressive, and fraudulent. In addition to compensatory damages, punitive damages are 12 necessary to punish … Bragg [and] SVRV … for this conduct and to discourage similar conduct in 13 the future.” 14 17. FAC ¶182: “… Bragg’s, [and] SVRV’s conduct was willful, outrageous, malicious, 15 oppressive, and fraudulent. In addition to compensatory damages, punitive damages are necessary 16 to punish … Bragg [and] SVRV … for this conduct and to discourage similar conduct in the 17 future.” 18 18. FAC ¶193: “… Bragg’s, [and] SVRV’s … conduct was willful, outrageous, 19 malicious, oppressive, and fraudulent. In addition to compensatory damages, punitive damages are 20 necessary to punish … Bragg [and] SVRV … for this conduct and to discourage similar conduct in 21 the future.” 22 19. FAC ¶200: “… Bragg’s, [and] SVRV’s conduct was willful, outrageous, malicious, 23 oppressive, and fraudulent. In addition to compensatory damages, punitive damages are necessary 24 to punish … Bragg [and] SVRV … for this conduct and to discourage similar conduct in the 25 future.” 26 20. FAC ¶209, entire paragraph. 27 28 -4- Bragg and SVRV’s Notice of Motion and Motion to Strike 1 21. FAC ¶220: “… Bragg’s, [and] SVRV’s … conduct was willful, outrageous, 2 malicious, oppressive, and fraudulent. In addition to compensatory damages, punitive damages are 3 necessary to punish Defendants for this conduct and to discourage similar conduct in the future.” 4 22. FAC ¶230, entire paragraph. 5 23. FAC ¶236, entire paragraph. 6 24. FAC ¶245, entire paragraph. 7 25. FAC ¶252, entire paragraph. 8 26. FAC ¶259, entire paragraph. 9 27. FAC ¶265, entire paragraph. 10 28. Request for relief, paragraph C: “Punitive damages.” 11 This motion to strike is based on this notice, the memorandum of points and authorities, the 12 declaration of Ryan van Steenis regarding the CCP §435.5’s meet and confer requirements, the 13 request for judicial notice, the operative pleadings on record in this matter, and any oral 14 documentary evidence presented to the court as the time of the hearing. 15 16 DATED: March 22, 2023 17 Ryan van Steenis Attorney for Defendant Bragg and 18 Silicon Valley Real Ventures, LLC 19 20 21 22 23 24 25 26 27 28 -5- Bragg and SVRV’s Notice of Motion and Motion to Strike 1 PROOF OF SERVICE 2 I am over the age of 18 and not a party to this action. I hereby certify that on March 22, 3 2023, I served the following document(s) on the parties in the above-entitled action: 4 DAVID BRAGG AND SILICON VALLEY REAL VENTURES LLC’S NOTICE OF 5 MOTION AND MOTION TO STRIKE PLAINTIFFS’ FIRST AMENDED 6 COMPLAINT 7 Via Email: I emailed the document(s) referenced above to the following persons at the following 8 email addresses: Robert Dunn 9 rdunn@eimerstahl.com 10 Collin Vierra cvierra@eimerstahl.com 11 Counsel for Plaintiffs 12 Jessica Chong 13 jchong@spencerfane.com Brian Zimmerman 14 bzimmerman@spencerfane.com Nicolas Reisch 15 nreisch@spencerfane.com Ernesto Aldover 16 ernesto@arealestatelawfirm.com 17 Counsel for Defendants Gregory J. Davis, Kevin Wolfe, Jason Justesen, Paramont Woodside, LLC, Paramont Capital, LLC, SVRV 385 Moore, LLC, and SVRV 387 Moore, 18 LLC 19 I declare under penalty of perjury under the laws of the State of California that the foregoing is a 20 true and correct statement. 21 Dated: March 22, 2023 22 Ryan van Steenis Attorney for Defendant Bragg and 23 Silicon Valley Real Ventures, LLC 24 25 26 27 28 -1- Proof of Service to Bragg and SVRV’s Notice of Motion and Motion to Strike 1 Ryan van Steenis (SBN 254542) 1601 S Shepherd Dr., #276 2 Houston, Texas 77019 314-749-2284 3 rjvansteenis@gmail.com 4 Attorney for Defendants Dave Bragg, and 5 Silicon Valley Real Ventures, LLC 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 FOR THE COUNTY OF SAN MATEO 8 9 Robert Arntsen; Mary Lee; Arntsen Family ) Case No.: 22-CIV-01148 Partnership, LP; and Brian Christopher Dunn ) 10 Custodianship, ) DEFENDANT DAVID BRAGG AND ) SILICON VALLEY REAL VENTURE’S 11 Plaintiffs, ) REQUEST FOR JUDICIAL NOTICE ) PURSUANT TO CAL. EVID. CODE §452 12 vs. ) AND 453 ) 13 David M. Bragg; Kurtis Stuart Kludt; Silicon ) [Filed concurrently with Defendant Bragg and SVRV’s Notice of Motion and Motion to Strike, Valley Real Ventures LLC; SVRV 385 Moore, ) Memorandum of Points & Authorities, and 14 LLC; SVRV 387 Moore, LLC; Gregory J. Davis; ) Declaration of Ryan van Steenis] Paramont Woodside, LLC; and Paramont Capital, ) 15 LLC, ) ) Judge: Hon. Robert D. Foiles 16 ) Date: June 2, 2023 ) Time: 9:00 a.m. 17 Defendants. ) Dept: 21 ) Courtroom: 2J 18 ) ) 19 ) ) 20 21 Pursuant to Evidence Code sections 452 (d)(2) and 453, Defendants David Bragg and Silicon 22 Valley Real Ventures LLC request that this Court take judicial notice of the following bankruptcy 23 court document: 24 1. Plaintiff Robert Arntsen’s exhibits attached to his affidavit filed on February 21, 2023, 25 in the United States Bankruptcy Court, Eastern District of California, Sacramento Division, 26 before the Hon. Christopher Jamie, case no. 22-02112. A true and correct copy of the exhibits filed 27 with Arntsen’s affidavit in the bankruptcy court is attached to this request as Exhibit 1. 28 -1- Bragg and SVRV’s Request for Judicial Notice 1 DATED: March 22, 2023 2 Ryan van Steenis Attorney for Defendant Bragg and 3 Silicon Valley Real Ventures, LLC 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- Bragg and SVRV’s Request for Judicial Notice PROOF OF SERVICE 1 I am over the age of 18 and not a party to this action. I hereby certify that on March 22, 2 2023, I served the following document(s) on the parties in the above-entitled action: 3 DEFENDANT DAVID BRAGG’S REQUEST FOR JUDICIAL NOTICE PURSUANT 4 TO CALIFORNIA EVIDENCE CODE §452 and 453 5 Via Email: I emailed the document(s) referenced above to the following persons at the following 6 email addresses: 7 Robert Dunn rdunn@eimerstahl.com 8 Collin Vierra 9 cvierra@eimerstahl.com Counsel for Plaintiffs 10 Jessica Chong 11 jchong@spencerfane.com 12 Brian Zimmerman bzimmerman@spencerfane.com 13 Counsel for Defendants Gregory J. Davis, Paramont Woodside, LLC, and Paramont Capital, LLC 14 I declare under penalty of perjury under the laws of the State of California that the foregoing is a 15 true and correct statement. 16 Dated: March 22, 2023 17 Ryan van Steenis 18 Attorney for Defendant Bragg and Silicon Valley Real Ventures, LLC 19 20 21 22 23 24 25 26 27 28 -1- Proof of Service to Bragg and SVRV’s Request for Judicial Notice Exhibit 1 to Request for Judicial Notice (Exhibits to Robert Arntsen’s February 21, 2023, Declaration filed in United States Bankruptcy Court, Eastern District, Sacramento Division, Case No. 22-02112) Filed 02/21/23 Case 22-02112 Doc 28 1 Total Page Count: 73 2 Collin James Vierra (SBN 322720) 3 EIMER STAHL LLP 99 S. Almaden Blvd., Ste. 600 4 San Jose, CA 95113-1605 Telephone: (408) 889-1668 5 Email: cvierra@eimerstahl.com 6 Attorney for Plaintiffs 7 8 UNITED STATES BANKRUPTCY COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 SACRAMENTO DIVISION 11 12 13 In re: DAVID MATTHEW BRAGG, Case No. 22-22700 14 Adv. Proc. No. 22-02112 15 Debtor. DCN: CJV-1 16 ___________________________________ Chapter 7 17 ROBERT ARNTSEN, MARY LEE, ARNTSEN FAMILY PARTNERSHIP, LP, 18 EXHIBITS TO AFFIDAVIT BRIAN CHRISTOPHER DUNN OF ROBERT ARNTSEN - 19 CUSTODIANSHIP, JOHN HO, and VOLUME I 20 QUANYU HUANG, 21 Plaintiffs, Hon. Christopher Jaime 22 Hearing Date: March 28, 2023 23 vs. Hearing Time: 9:30 a.m. 24 Room: Courtroom 32, 6th Floor 25 DAVID MATTHEW BRAGG, 26 Defendant. 27 28 EXHIBITS TO AFFIDAVIT OF ROBERT ARNTSEN - VOLUME I EXHIBIT PAGE 1 Filed 02/21/23 Case 22-02112 Doc 28 1 INDEX 2 Volume I 3 Page # 4 Exhibit A: January 23, 2015, Investment Agreement and Financial Transfer 5 Authorization between Robert “Bob” Arntsen and Silicon Valley Real Ventures, 6 7 LLC………………………………………………………………………..………. 5 8 Exhibit B: February 27, 2018, Email Correspondence from Kurtis Kludt to Robert 9 10 “Bob” Arntsen re: Effective Operating Agreements and Investment-Subscription 11 Agreement……………………………………..…………………………..……...13 12 13 Exhibit C: February 8, 2018, Effective Operating Agreement for Woodside Parcel 14 B, LLC………………………………………...…………………………..………15 15 16 Exhibit D: February 8, 2018, Effective Operating Agreement for Woodside Parcel 17 C, LLC………………………………………...…………………………..………38 18 19 Exhibit E: 2018 Investment-Subscription Agreement between Martha Dunn and 20 Robert “Bob” Arntsen, and 389 Moore Road, Woodside…………………………61 21 22 Exhibit F: June 25, 2018, Check Issued by Robert “Bob” Arntsen, Amount: 23 $30,000, Memo: Moore Road Investment…………………………………………65 24 25 Exhibit G: August 29, 2018, Email Correspondence between David Bragg, Robert 26 “Bob” Arntsen, Martha Dunn, and Mary Lee re: Investor Agreements…………..67 27 28 EXHIBITS TO AFFIDAVIT OF ROBERT ARNTSEN - VOLUME I EXHIBIT PAGE 2 Filed 02/21/23 Case 22-02112 Doc 28 1 Exhibit H: Cap Table and List of Investors for Moore Lots, as of November 19, 2 2018…………………………………………………………………………….....70 3 4 Exhibit I: March 19, 2019, Check Issued by Robert “Bob” Arntsen, Amount: 5 $100,000, Memo: For SVRV Mo[o]re Road …………………………..………....72 6 7 Volume II 8 Exhibit J: May 6, 2019, Email Correspondence between David Bragg, Martha Dunn 9 10 and Robert “Bob” Arntsen re: Return of Short-Term Loans…………..………....75 11 Exhibit K: August 9, 2019, Silicon Valley Real Ventures LLC Account 12 13 QuickReport Spreadsheet Titled ‘Money Raised for Moore’ ……...…..………...76 14 Exhibit L: November 27, 2018, Unapproved Operating Agreement of SVRV 385 15 16 Moore, LLC………………………………………………………..…..……….... 82 17 Exhibit M: November 27, Unapproved Operating Agreement of SVRV 387 Moore, 18 19 LLC………….……………………………………………………..…..…….......119 20 Volume III 21 22 Exhibit N: June 2019, Unapproved Investment-Subscription Agreement between 23 Robert “Bob” Arntsen and SVRV 385 Moore, LLC……………….…..………...156 24 25 Exhibit O: June 2019, Unapproved Investment-Subscription Agreement between 26 Robert “Bob” Arntsen and SVRV 387 Moore, LLC……………….…..………...179 27 28 EXHIBITS TO AFFIDAVIT OF ROBERT ARNTSEN - VOLUME I EXHIBIT PAGE 3 Filed 02/21/23 Case 22-02112 Doc 28 1 Exhibit P: March 23, 2020, Email Correspondence from David Bragg to Kurtis 2 Kludt re: Need for Additional Funds……………………………….…..………..202 3 4 Exhibit Q: April 1, 2020, Wire Transaction Summary from Robert “Bob” Arntsen 5 to SVRV 385 Moore, LLC, Amount: $4,524…………………………...………..205 6 7 Exhibit R: June 3, 2021, Email Correspondence between Robert “Bob” Arntsen, 8 David Bragg, and Kurtis Kludt re: Moore Road Properties and Bob’s Short-Term 9 10 Loan……………………………………………………………………….……..207 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBITS TO AFFIDAVIT OF ROBERT ARNTSEN - VOLUME I EXHIBIT PAGE 4 Filed 02/21/23 Case 22-02112 Doc 28 Exhibit A EXHIBIT PAGE 5 Filed 02/21/23 Case 22-02112 Doc 28 • - SILICON VALLEY Real Ventures Investment Agreement Bob Arntsen & Silicon Valley Real Ventures, LLC Investment terms Equity Trust Company Custodian FBO Bob Arntsen IRA agrees to invest $152,500 into Silicon Valley Real Ventures, LLC (SVRV) on or before February 29, 2015 with the option to invest more in the period February 2015 till end of April 2015 or until fundraising closes, whatever comes first, on the same terms. The investment will be spent on operational costs, especially related to fundraising for SVRV Real Estate Fund I, including extensive internationaJ travel, tec;:im and professional service expenses, and legal formation related to establishment of fund structure and tax expenses. Ownership We are currently offering 10% membership of SVRV for an investment of $1M. E.g., an investment of $100,000 buys you 1% of SVRV as a non-managing/non-voting member, until you are paid back 1.Sx, at which point the membership automatically expires. Pay back You \~ill receive your investment back in the following way: 1. SVRV will pay back the original investment plus a preferred return - e.g., for $100,000, in total 1.5x = $150,000. 2. The payback will be made based on a 50/50 split of net-income between SVRV and the $1M raise, until original investment of l.Sx has b~en fully paid. Payback is expected to start once positive net cash-flow from SVRV operations reaches $1M. Fund participation Upon establishment of SVRV Real Estate Fund I, you will automatically become an LP in this fund and receive projected returns on the same terms as any other LP based on your investment, minus what you have already have been paid back . Information You shall receive quarterly email updates on the progress of the SVRV until l.5x return of investment has been fully paid to you . Contact information Your contact person in anything related to your investment with SVRV is Managing Director Dave Bragg. You can reach him by email: d@svreventures.com or by cell phone: +1.650.867.9965. Investment funded Investment can be performed by check, wire or via Custodian IRA account. SVRV provides details. Date of investment will be adjusted to the date investment is actually received, since investing via Custodian IRA account can delay the arrival. . . EXHIBIT PAGE 6 Filed 02/21/23 Case 22-02112 Doc 28 Confidentiality This agreement is confidential. You may not disclose this agreement to any person other than your accountant, tax advisor, lawyer, or other persons advising you on th is investment - and then only in confidentiality and in connection with this agreement. In the event of a dispute This agreement is signed with Silicon Va lley Real Ventures, a Limited Liability Corporation of the State of Delaware. In the event of disputes, the two parties will do their best to solve any issues in open conversation . If solution is not found, then a professiona l California based mediator can be brought in. The agreement is government by the State of Del aware. By signing this agreement, you acknowledge that any investment comes with variable risk and that you accept the terms listed above. SVRV is excited to move forward with you on the team! Menlo Park, Date: January 23, 2015 Date: January 23, 2015 ..,,-- ./ --- Signature ( \ - - c..= -=7:~ -- Dave Bragg Bob Arntsen Managing Director Accredited Investor i;' Gvs:·r~· --,-~..)~ r c~;"l'}P,A;;!"&Ji tU$.'ivtcrAAJ FS.o Bis AR)v[>~'V· :C~A EXHIBIT PAGE 7 Filed 02/21/23 Case 22-02112 Doc 28 . . ... EQ!JITY PRIVATE DEBT DOI page l of5 I N)·r-r-1·1.r1It) f\J ;\1 . . ' ACCOUNT HOLDER NAME ACCOUNT NUMBER /<. 0 13£12., AP-.NT5t5:JV EMAIL ADDRESS A J<.N T -5 E J°\,f 1:Z G."J fl OL , CO rn 0 EXPEDITED PROCESSING SERVICE* ($50.00) ~ NORMAL PROCESSING SERVIC~ If there is sufficient cash in your account to process tl1e transaction, expe- Normal jnvestment processing will be completed in approximately three dited processing requests will generally be completed in ·-b-us1ness . days un Iess correctrons · · d · It are require approximately one business day unless corrections are required. j ·»Although the feature does not guarantee same day service It does guarantee that your request will be processed before other non~expe~ited requests. ' . '. ' . . . . . ' ' ' - . ' - ' , -- ' ' . - 3 IN-V EST.M ENT INFORMATION . . . - . . . . . ~ New Purchase □ Additional Purchase* □ Exchange *An additional purchase or add-on occurs when additional funds are sent out for·additional shares or percentage of ownership of an ;nvestmentthat was previously purchased by your account. i' BORROWER'S NAME (lndlvlduol or Entity Name) AMOUNT _j / i- i [' {:! ti/ - I . l/ 1}£,.L.tr ti.. }: t>L V' cN· TlJf.J.. t:"..S l l. C. $ /S-2 s-ou _,/_ I 'I ADDRESS CITY STATE i ZIP CODE ?,• (, '1 I }3 c, )1. -::z. .z. ( 7 /VJ Er-/ l- c:7 l ;;JA f2- K L- "- j ·--. } 'Jt/ C'J 6 2 FIie Number (Jf·Applicable) ' NOTE TYPE: □ New Note □ Buying an Existing Note □ Seller Carry Bacl< (Please co1nplete a Sale DOI along ~ itl1 this fon11 .) ., I WHAT PERCENTAGE OF THE NOTE WILL BE OWNED BY TH IS IRA? FACE VALUE OF THE NOTE I