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 600
     San Jose, CA 95113-1605
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     Telephone: (408) 889-1668
 4   Email: cvierra@eimerstahl.com

 5   Attorney for Plaintiffs Robert Arntsen,
     Mary Lee. Arntsen Family Partnership, LP,
 6   Brian Christopher Dunn Custodianship,
     John Ho, and Jacky Huang
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 8                    SUPERIOR COURT OF THE STATE OF CALIFORNIA
 9                                    COUNTY OF SAN MATEO
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11    Robert Arntsen; Mary Lee; Arntsen Family        Case No. 22-CIV-01148
      Partnership, LP; Brian Christopher Dunn
12    Custodianship, John Ho, and Quanyu Huang;       Dept. 21
13                  Plaintiffs,                       Hon. Robert D. Foiles
14    v.
                                                      DECLARATION OF COLLIN VIERRA
15    David M. Bragg; Silicon Valley Real Ventures    IN SUPPORT OF PLAINTIFFS’
      LLC; SVRV 385 Moore, LLC; SVRV 387              OPPOSITION TO DEFENDANTS
16    Moore, LLC; Gregory J. Davis; Kevin Wolfe;      DAVID M. BRAGG’S AND SILICON
      Jason Justesen; Paramont Woodside, LLC;         VALLEY REAL VENTURES, LLC’S
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      Paramont Capital, LLC; Monks Family Trust;      MOTION TO COMPEL ARBITRATION
18    TEH Capital LLC; Caproc III, LLC; WZ
      Partners, LLC; McClan Trust; Wild Rose          Date: September 15, 2023
19    Irrevocable Trust; Black Horse Holdings,        Time: 9:00 a.m.
      LLC; Phil Stoker; Diane Stoker; Scott O’Neil;   Dept.: 21
20    Dale Huish; and DOES 1–20,
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                    Defendants.
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                                    DECLARATION OF COLLIN VIERRA
 1           I, Collin Vierra, attest as follows:

 2           1.      I am over the age of 18, of sound mind, and otherwise competent to make this

 3   affidavit.

 4           2.      Bragg has refused to Bates-stamp a single document in this case; therefore,

 5 Plaintiffs have had to Bates-stamp and circulate Bragg’s documents to the remaining Defendants

 6 in this case at Plaintiffs’ cost, among myriad other discovery abuses by Bragg.

 7           3.      John and Jacky have collectively responded to 112 special interrogatories and

 8   requests for production in this Court.

 9           4.      In September 2022, I informed Bragg’s counsel that Plaintiffs intended to amend

10   their operative complaint to add John and Jacky as Plaintiffs.

11           5.      Bragg never voiced any intent to arbitrate these claims, nor mentioned arbitration

12   at all, until March 2023.

13           6.      After Bragg declared bankruptcy, John and Jacky filed both proofs of claim and an

14   adversary proceeding complaint in the federal bankruptcy court. Bragg answered the complaint,

15   submitted a discovery plan, and submitted his initial disclosure statement well before he filed this

16   motion. Before Bragg even filed this motion, John and Jacky had also moved for default judgment

17   and supported their submissions with highly detailed evidence. John and Jacky incurred thousands

18   of dollars in litigation costs in state and federal court before Bragg even brought this motion, not

19   including attorneys’ fees.

20           7.      John and Jacky had to incur $435 in filing fees to initiate their claims in this Court.

21 I also spent more than 10 hours preparing John’s and Jacky’s complaint, and more than another 20

22   hours preparing the SAC on behalf of all Plaintiffs, including John and Jacky, which also came

23   with additional filing fees.

24           8.      A true and correct copy of an email from Bragg’s counsel to me, showing the first

25   time Bragg ever invoked arbitration, is attached hereto as Exhibit A.

26           9.      A true and correct email thread between Bragg’s counsel and me regarding

27   Plaintiffs’ agreement to grant Bragg an extension of time to answer the prior complaint is attached

28   hereto as Exhibit B.

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                                      DECLARATION OF COLLIN VIERRA
 1          10.     A true and correct email thread between Mr. Van Steenis and me in which Bragg

 2   refuses to pay his costs of the arbitration, notwithstanding the plain text of the arbitration clauses

 3   at issue, is attached as Exhibit C.

 4          I declare under penalty of perjury, under the laws of the State of California, that the

 5   foregoing is true and correct to the best of my knowledge.

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 8   Dated: September 1, 2023                              By: ______________________

 9                                                              Collin J. Vierra
                                                                EIMER STAHL, LLP
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                                                                Attorney for Plaintiffs
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                                      DECLARATION OF COLLIN VIERRA