Preview
1 Collin J. Vierra (State Bar No. 322720)
EIMER STAHL LLP
2
99 S. Almaden Blvd., Ste. 600
San Jose, CA 95113-1605 3/21/2023
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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
8 COUNTY OF SAN MATEO
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Robert Arntsen; Mary Lee; Arntsen Family Case No. 22-CIV-01148
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Partnership, LP; and Brian Christopher Dunn
11 Custodianship; Dept. 21
12 Plaintiffs, Hon. Robert D. Foiles
v.
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14 David M. Bragg; Silicon Valley Real Ventures DECLARATION OF COLLIN VIERRA
LLC; SVRV 385 Moore, LLC; SVRV 387 IN SUPPORT OF MOTION FOR
15 Moore, LLC; Gregory J. Davis; Kevin Wolfe; DEFAULT JUDGMENT
Jason Justesen; Paramont Woodside, LLC;
16 and Paramont Capital, LLC;
17 Defendants.
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DECLARATION OF COLLIN VIERRA IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT
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 Declaration. I am Plaintiffs’ counsel in this litigation and the related bankruptcy litigation.
4 2. Plaintiffs Robert Arntsen, Mary Lee, the Arntsen Family Partnership, LP, and the
5 Brian Christopher Dunn Custodianship initiated this fraud action against David Bragg (“Bragg”)
6 and, inter alia, his alter-ego company Silicon Valley Real Ventures, LLC (“SVRV”) on March 15,
7 2022.
8 3. This Court entered Bragg’s and SVRV’s default on Plaintiffs’ initial Complaint on
9 June 29, 2022. Plaintiffs went to extraordinary lengths, and incurred substantial costs, serving
10 Bragg with process in this action, as described in the declaration that Plaintiffs submitted in support
11 of their request for entry of default.
12 4. On August 22, 2022, Plaintiffs filed their First Amended Complaint (“FAC”) in
13 this action. On September 21, 2022, the parties stipulated to move Bragg’s and SVRV’s deadline
14 to respond to the FAC to October 21, 2022.
15 5. On October 21, 2022, instead of answering the FAC, Bragg filed for bankruptcy in
16 the bankruptcy court for the Eastern District of California, No. 22-22700, staying these
17 proceedings.
18 6. Bragg and SVRV were first served with discovery in this action on May 27, 2022.
19 True and correct copies of Plaintiffs’ initial discovery requests to Bragg and SVRV are attached
20 as Exhibit A. Although Bragg’s and SVRV’s objections and responses were due within thirty (30)
21 days, Bragg did not provide them for ninety-four (94) days, on August 29, 2022—after Plaintiffs
22 had begun to pursue a motion to compel and for sanctions. Bragg’s and SVRV’s responses were
23 also highly deficient. True and correct copies of Bragg’s and SVRV’s responses are attached as
24 Exhibit B. Bragg and SVRV also failed to fulfill their document production obligations in response
25 to these requests, producing zero text messages, a woefully incomplete set of emails many of which
26 were missing attachments, and a woefully incomplete set of other records. Plaintiffs discovered
27 (a) from third parties, and (b) Google Drive links that Bragg and SVRV inadvertently made public,
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DECLARATION OF COLLIN VIERRA IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT
1 hundreds of responsive documents in Bragg’s and SVRV’s possession, custody, and control that
2 they withheld from Plaintiffs. Plaintiffs had to download these Google Drive documents
3 themselves, and then at their expense, process, Bates-stamp, and produce them to the other parties
4 in this action, even though Bragg and SVRV were the creators, editors, and/or hosts of these
5 documents. Plaintiffs were also forced to propound numerous third-party subpoenas to obtain
6 responsive documents that Bragg and SVRV should have produced, including on Bank of America
7 (who produced SVRV’s and its affiliates’ bank records), First Republic Bank (who produced the
8 Moore Road LLCs’ bank records), Genesis Capital, LLC (who produced lending documents for
9 the Moore Road LLCs), Colleen Marchbank (who produced hundreds of text messages with Bragg
10 about the sale of the Moore Road properties), Rich Bragg (who produced documents relating to
11 Bragg’s misappropriation of corporate funds to make payments on his multi-million dollar
12 personal loan from his brother), and more. Plaintiffs also served a third-party subpoena on Lukas
13 Leuthold, who confirmed that numerous responsive documents were located in his old SVRV
14 Google account, but which he could no longer access, and which Bragg refused to access himself
15 or help Mr. Leuthold access. Following Plaintiffs’ settlement with Bragg’s co-director of SVRV
16 in November 2022, Plaintiffs obtained thousands more responsive documents evidencing Bragg’s
17 and SVRV’s misconduct that Bragg and SVRV have withheld. Bragg and SVRV are still
18 withholding myriad responsive documents from Plaintiffs that only they can provide.
19 7. Plaintiffs served Bragg and SVRV with additional discovery in the succeeding
20 months. Bragg’s and SVRV’s responses continue to be woefully deficient. Throughout this time,
21 Bragg’s and SVRV’s counsel also refused to participate in a reasonable meet and confer process.
22 On September 27, 2022, Plaintiffs had an informal discovery conference before Commissioner
23 Michael Mau as a prerequisite to bringing a motion to compel and for sanctions against Bragg and
24 SVRV. The Commissioner continued the informal discovery conference to October 27, 2022, but
25 before it could proceed, Bragg filed for bankruptcy, staying the state-court proceedings. This stay
26 of proceedings prevented Plaintiffs from amending their complaint as planned, which significantly
27 impaired their ability to pursue their claims against the remaining Defendants in this action as well
28 as against Bragg and SVRV.
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DECLARATION OF COLLIN VIERRA IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT
1 8. A true and correct copy of Bragg’s and SVRV’s responses to Plaintiffs’ second set
2 of requests for admission is attached as Exhibit C. A true and correct copy of Bragg’s and SVRV’s
3 responses to Plaintiffs’ third set of requests for admission is attached as Exhibit D. A true and
4 correct copy of Bragg’s and SVRV’s responses to Plaintiffs’ second set of special interrogatories
5 is attached as Exhibit Z.
6 9. A true and correct copy of a “631 Beach Sale SVRV Disbursement Schedule”
7 produced by Kludt is attached as Exhibit E.
8 10. The Paramont Defendants did not retain attachments to their emails; therefore,
9 although they produced several thousand documents in this action, in many cases, the complete
10 records (i.e., the emails and attachments) between Bragg and SVRV on the one hand, and the
11 Paramont Defendants on the other, are exclusively in Bragg’s and SVRV’s possession, custody,
12 or control.
13 11. A true and correct copy of an email produced by Kludt in which Bragg requests the
14 transfer of $19,500 from the Moore Road Project to Kludt’s holding company, ANA Holding LLC,
15 on April 2, 2020 is attached as Exhibit F.
16 12. A true and correct copy of an amendment to the Unapproved Operating Agreements
17 signed by Bragg, produced by the Paramont Defendants, is attached as Exhibit G.
18 13. True and correct copies of the Seller’s Final Settlement Statements for the Moore
19 Road properties showing that Bragg received a total of $75,000 in commissions ($41,250 from
20 385 Moore Road and $33,750 from 387 Moore Road), produced by the Paramont Defendants, are
21 attached as Exhibit H.
22 14. True and correct copies of the Paramont Defendants’ amended responses to
23 Plaintiffs’ first set of special interrogatories, and responses to Plaintiffs’ second set of special
24 interrogatories, are attached as Exhibit I.
25 15. True and correct excerpts from records produced by Bank of America showing
26 $12,000 being transferred monthly by Bragg from SVRV’s and SVREV’s accounts for rent at
27 Bragg’s personal addresses are attached as Exhibit J. Bragg admitted in discovery that 2 Heather
28 Lane, Atherton, CA was his home address. See Ex. B (Response to FRog 2.5).
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DECLARATION OF COLLIN VIERRA IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT
1 16. True and correct excerpts from records produced by Bank of America showing
2 $1,173.45 monthly Mercedes-Benz lease payments, in addition to what appear to be numerous
3 other personal payments, from SVREV’s account are attached as Exhibit K.
4 17. A true and correct copy of the first page of Bragg’s Credit Karma report from
5 November 18, 2016, in which 102 Fair Oaks Lane, Atherton, CA is listed as one of his addresses,
6 obtained from Kludt, is attached as Exhibit L.
7 18. A true and correct copy of a ledger, with each Excel sheet converted into PDF,
8 obtained from Bragg’s brother, Rich Bragg, showing total payments of approximately $1.8 million
9 from SVRV and SVREV to Rich Bragg on Rich Bragg’s personal loan to Bragg is attached as
10 Exhibit M.
11 19. True and correct copies of Bragg’s loan agreements with his brother, obtained from
12 his brother, are attached as Exhibit N.
13 20. A true and correct copy of an email from Bragg’s employee/contractor, Lukas
14 Leuthold, indicating that one of the SVRV phone lines belongs to Bragg’s daughter, Mattie
15 (misspelled as “Maddy”), obtained from Kludt, is attached as Exhibit O.
16 21. True and correct excerpts from a list of SVRV credit card transactions obtained
17 from Kludt showing $2,800 monthly payments for a Surfair membership in 2017 are attached as
18 Exhibit P. Additional payments to Surfair are shown in the additional records produced by Bank
19 of America.
20 22. A true and correct copy of an email thread from SVRV’s Surfair Google Group, of
21 which Bragg’s brother (Rich Bragg), sister-in-law (Kristen Bragg), and other non-SVRV
22 employees (e.g., Buff Giurlani) are members, in which they discuss travel plans, obtained from
23 Kludt, is attached as Exhibit Q.
24 23. A true and correct copy of Bragg’s personal financial statement for SDC Capital
25 obtained from Kludt showing the Mercedes and Cadillac as personal assets is attached as Exhibit
26 R.
27 24. A true and correct copy of a $400,000 “renovation budget” for Bragg’s 102 Fair
28 Oaks address obtained from Kludt is attached as Exhibit S.
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DECLARATION OF COLLIN VIERRA IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT
1 25. A true and correct copy of an email obtained from Kludt noting that Julie Meynet
2 “was/is” the owner of “3269 Mountain Ridge,” which “Dave . . . remodeled . . . in preparation for
3 sale,” and for which “Dave and his brother her [sic] original mortgage,” is attached as Exhibit T.
4 26. A true and correct copy of an email obtained from Kludt identifying 102 Fair Oaks
5 Lane, Atherton, CA and 3269 Mountain Ridge Road, Solvang, CA as SVRV remodel and sell
6 projects is attached as Exhibit U.
7 27. A true and correct copy of the first page of Bragg’s 2016 K–1 for SVRV, listing his
8 address as 102 Fair Oaks Lane, Atherton, CA, obtained from Kludt is attached as Exhibit V.
9 28. A true and correct copy of certain personal rent payments made by Bragg from
10 SVRV’s accounts created by Bragg’s employee/contractor, Lukas Leuthold, obtained from Kludt,
11 is attached as Exhibit W.
12 29. True and correct excerpts of certain 2019 personal transactions made for Bragg’s
13 benefit from SVRV’s accounts classified by Dave’s employees/contractors as part of “Dave
14 Brag[g] Pot of Gold,” obtained from Kludt, are attached as Exhibit X.
15 30. True and correct excerpts from a copy of SVRV’s general ledger obtained from
16 Kludt showing $1,500 monthly payments to Autovino for “addl cost for boat, Cadillac and moto
17 storage” are attached as Exhibit EE.
18 31. A true and correct copy of a text message conversation obtained from Kludt,
19 between him and Bragg, is attached as Exhibit Y.
20 32. Plaintiffs in this action, as well as those in the related case (John Ho and Jacky
21 Huang) initiated an Adversary Proceeding against Bragg on December 22, 2022 in connection with
22 his bankruptcy petition.
23 33. On December 29, 2022, Plaintiffs served their adversary proceeding complaint by
24 first class mail on Bragg at his home address, 7230 Fuller Drive, Granite Bay, CA 95746; and on
25 Bragg’s then-bankruptcy counsel, Leo Spanos of Jen|Lee|Law, at his business address, 111
26 Deerwood Road, Suite 200, San Ramon, CA 94583. On January 3, 2023, Bragg’s counsel in this
27 action emailed me and described Plaintiffs’ adversary proceeding complaint as a “nuisance,”
28 implying he had also received and reviewed the adversary proceeding complaint.
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DECLARATION OF COLLIN VIERRA IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT
1 34. Bragg has defaulted on claims against him and otherwise failed to appear before
2 California courts on multiple previous occasions. Several examples of such instances obtained
3 from California state courts’ online records are attached as Exhibits AA, BB, and CC.
4 35. In the 341 creditors’ meeting in connection with Bragg’s bankruptcy on November
5 14, 2022, Bragg said Plaintiffs’ claims appear to be “frivolous.” He also confirmed he purchased
6 two jet skis and a trailer, both completely on credit, in June 2022, even though he was already
7 contemplating bankruptcy. He also confirmed he owns numerous assets not disclosed in his
8 bankruptcy petition.
9 36. In the 341 creditors’ meeting on December 5, 2022 in connection with Bragg’s
10 bankruptcy, it was revealed that Bragg sought to exclude multiple vehicles, such as cars and dirt
11 bikes, from his bankruptcy estate on the ground that they belong to his son (at applicable times, a
12 minor), even though Bragg’s name is on the title documents and he purchased them and/or makes
13 the monthly lease and insurance payments on them.
14 37. Bragg refused to engage in a proper Discovery Conference pursuant to the
15 bankruptcy court’s December 22, 2022 order in the adversary proceeding.
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I declare under penalty of perjury, under the laws of the State of California, that the
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foregoing is true and correct to the best of my knowledge.
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Dated: March 21, 2023 By: ______________________
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Collin J. Vierra
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DECLARATION OF COLLIN VIERRA IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT
Preview
1 Collin J. Vierra (State Bar No. 322720) EIMER STAHL LLP 2 99 S. Almaden Blvd., Ste. 600 San Jose, CA 95113-1605 3/21/2023 3 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 Robert Arntsen; Mary Lee; Arntsen Family Case No. 22-CIV-01148 10 Partnership, LP; and Brian Christopher Dunn 11 Custodianship; Dept. 21 12 Plaintiffs, Hon. Robert D. Foiles v. 13 14 David M. Bragg; Silicon Valley Real Ventures DECLARATION OF COLLIN VIERRA LLC; SVRV 385 Moore, LLC; SVRV 387 IN SUPPORT OF MOTION FOR 15 Moore, LLC; Gregory J. Davis; Kevin Wolfe; DEFAULT JUDGMENT Jason Justesen; Paramont Woodside, LLC; 16 and Paramont Capital, LLC; 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28 1 DECLARATION OF COLLIN VIERRA IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT 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 Declaration. I am Plaintiffs’ counsel in this litigation and the related bankruptcy litigation. 4 2. Plaintiffs Robert Arntsen, Mary Lee, the Arntsen Family Partnership, LP, and the 5 Brian Christopher Dunn Custodianship initiated this fraud action against David Bragg (“Bragg”) 6 and, inter alia, his alter-ego company Silicon Valley Real Ventures, LLC (“SVRV”) on March 15, 7 2022. 8 3. This Court entered Bragg’s and SVRV’s default on Plaintiffs’ initial Complaint on 9 June 29, 2022. Plaintiffs went to extraordinary lengths, and incurred substantial costs, serving 10 Bragg with process in this action, as described in the declaration that Plaintiffs submitted in support 11 of their request for entry of default. 12 4. On August 22, 2022, Plaintiffs filed their First Amended Complaint (“FAC”) in 13 this action. On September 21, 2022, the parties stipulated to move Bragg’s and SVRV’s deadline 14 to respond to the FAC to October 21, 2022. 15 5. On October 21, 2022, instead of answering the FAC, Bragg filed for bankruptcy in 16 the bankruptcy court for the Eastern District of California, No. 22-22700, staying these 17 proceedings. 18 6. Bragg and SVRV were first served with discovery in this action on May 27, 2022. 19 True and correct copies of Plaintiffs’ initial discovery requests to Bragg and SVRV are attached 20 as Exhibit A. Although Bragg’s and SVRV’s objections and responses were due within thirty (30) 21 days, Bragg did not provide them for ninety-four (94) days, on August 29, 2022—after Plaintiffs 22 had begun to pursue a motion to compel and for sanctions. Bragg’s and SVRV’s responses were 23 also highly deficient. True and correct copies of Bragg’s and SVRV’s responses are attached as 24 Exhibit B. Bragg and SVRV also failed to fulfill their document production obligations in response 25 to these requests, producing zero text messages, a woefully incomplete set of emails many of which 26 were missing attachments, and a woefully incomplete set of other records. Plaintiffs discovered 27 (a) from third parties, and (b) Google Drive links that Bragg and SVRV inadvertently made public, 28 2 DECLARATION OF COLLIN VIERRA IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT 1 hundreds of responsive documents in Bragg’s and SVRV’s possession, custody, and control that 2 they withheld from Plaintiffs. Plaintiffs had to download these Google Drive documents 3 themselves, and then at their expense, process, Bates-stamp, and produce them to the other parties 4 in this action, even though Bragg and SVRV were the creators, editors, and/or hosts of these 5 documents. Plaintiffs were also forced to propound numerous third-party subpoenas to obtain 6 responsive documents that Bragg and SVRV should have produced, including on Bank of America 7 (who produced SVRV’s and its affiliates’ bank records), First Republic Bank (who produced the 8 Moore Road LLCs’ bank records), Genesis Capital, LLC (who produced lending documents for 9 the Moore Road LLCs), Colleen Marchbank (who produced hundreds of text messages with Bragg 10 about the sale of the Moore Road properties), Rich Bragg (who produced documents relating to 11 Bragg’s misappropriation of corporate funds to make payments on his multi-million dollar 12 personal loan from his brother), and more. Plaintiffs also served a third-party subpoena on Lukas 13 Leuthold, who confirmed that numerous responsive documents were located in his old SVRV 14 Google account, but which he could no longer access, and which Bragg refused to access himself 15 or help Mr. Leuthold access. Following Plaintiffs’ settlement with Bragg’s co-director of SVRV 16 in November 2022, Plaintiffs obtained thousands more responsive documents evidencing Bragg’s 17 and SVRV’s misconduct that Bragg and SVRV have withheld. Bragg and SVRV are still 18 withholding myriad responsive documents from Plaintiffs that only they can provide. 19 7. Plaintiffs served Bragg and SVRV with additional discovery in the succeeding 20 months. Bragg’s and SVRV’s responses continue to be woefully deficient. Throughout this time, 21 Bragg’s and SVRV’s counsel also refused to participate in a reasonable meet and confer process. 22 On September 27, 2022, Plaintiffs had an informal discovery conference before Commissioner 23 Michael Mau as a prerequisite to bringing a motion to compel and for sanctions against Bragg and 24 SVRV. The Commissioner continued the informal discovery conference to October 27, 2022, but 25 before it could proceed, Bragg filed for bankruptcy, staying the state-court proceedings. This stay 26 of proceedings prevented Plaintiffs from amending their complaint as planned, which significantly 27 impaired their ability to pursue their claims against the remaining Defendants in this action as well 28 as against Bragg and SVRV. 3 DECLARATION OF COLLIN VIERRA IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT 1 8. A true and correct copy of Bragg’s and SVRV’s responses to Plaintiffs’ second set 2 of requests for admission is attached as Exhibit C. A true and correct copy of Bragg’s and SVRV’s 3 responses to Plaintiffs’ third set of requests for admission is attached as Exhibit D. A true and 4 correct copy of Bragg’s and SVRV’s responses to Plaintiffs’ second set of special interrogatories 5 is attached as Exhibit Z. 6 9. A true and correct copy of a “631 Beach Sale SVRV Disbursement Schedule” 7 produced by Kludt is attached as Exhibit E. 8 10. The Paramont Defendants did not retain attachments to their emails; therefore, 9 although they produced several thousand documents in this action, in many cases, the complete 10 records (i.e., the emails and attachments) between Bragg and SVRV on the one hand, and the 11 Paramont Defendants on the other, are exclusively in Bragg’s and SVRV’s possession, custody, 12 or control. 13 11. A true and correct copy of an email produced by Kludt in which Bragg requests the 14 transfer of $19,500 from the Moore Road Project to Kludt’s holding company, ANA Holding LLC, 15 on April 2, 2020 is attached as Exhibit F. 16 12. A true and correct copy of an amendment to the Unapproved Operating Agreements 17 signed by Bragg, produced by the Paramont Defendants, is attached as Exhibit G. 18 13. True and correct copies of the Seller’s Final Settlement Statements for the Moore 19 Road properties showing that Bragg received a total of $75,000 in commissions ($41,250 from 20 385 Moore Road and $33,750 from 387 Moore Road), produced by the Paramont Defendants, are 21 attached as Exhibit H. 22 14. True and correct copies of the Paramont Defendants’ amended responses to 23 Plaintiffs’ first set of special interrogatories, and responses to Plaintiffs’ second set of special 24 interrogatories, are attached as Exhibit I. 25 15. True and correct excerpts from records produced by Bank of America showing 26 $12,000 being transferred monthly by Bragg from SVRV’s and SVREV’s accounts for rent at 27 Bragg’s personal addresses are attached as Exhibit J. Bragg admitted in discovery that 2 Heather 28 Lane, Atherton, CA was his home address. See Ex. B (Response to FRog 2.5). 4 DECLARATION OF COLLIN VIERRA IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT 1 16. True and correct excerpts from records produced by Bank of America showing 2 $1,173.45 monthly Mercedes-Benz lease payments, in addition to what appear to be numerous 3 other personal payments, from SVREV’s account are attached as Exhibit K. 4 17. A true and correct copy of the first page of Bragg’s Credit Karma report from 5 November 18, 2016, in which 102 Fair Oaks Lane, Atherton, CA is listed as one of his addresses, 6 obtained from Kludt, is attached as Exhibit L. 7 18. A true and correct copy of a ledger, with each Excel sheet converted into PDF, 8 obtained from Bragg’s brother, Rich Bragg, showing total payments of approximately $1.8 million 9 from SVRV and SVREV to Rich Bragg on Rich Bragg’s personal loan to Bragg is attached as 10 Exhibit M. 11 19. True and correct copies of Bragg’s loan agreements with his brother, obtained from 12 his brother, are attached as Exhibit N. 13 20. A true and correct copy of an email from Bragg’s employee/contractor, Lukas 14 Leuthold, indicating that one of the SVRV phone lines belongs to Bragg’s daughter, Mattie 15 (misspelled as “Maddy”), obtained from Kludt, is attached as Exhibit O. 16 21. True and correct excerpts from a list of SVRV credit card transactions obtained 17 from Kludt showing $2,800 monthly payments for a Surfair membership in 2017 are attached as 18 Exhibit P. Additional payments to Surfair are shown in the additional records produced by Bank 19 of America. 20 22. A true and correct copy of an email thread from SVRV’s Surfair Google Group, of 21 which Bragg’s brother (Rich Bragg), sister-in-law (Kristen Bragg), and other non-SVRV 22 employees (e.g., Buff Giurlani) are members, in which they discuss travel plans, obtained from 23 Kludt, is attached as Exhibit Q. 24 23. A true and correct copy of Bragg’s personal financial statement for SDC Capital 25 obtained from Kludt showing the Mercedes and Cadillac as personal assets is attached as Exhibit 26 R. 27 24. A true and correct copy of a $400,000 “renovation budget” for Bragg’s 102 Fair 28 Oaks address obtained from Kludt is attached as Exhibit S. 5 DECLARATION OF COLLIN VIERRA IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT 1 25. A true and correct copy of an email obtained from Kludt noting that Julie Meynet 2 “was/is” the owner of “3269 Mountain Ridge,” which “Dave . . . remodeled . . . in preparation for 3 sale,” and for which “Dave and his brother her [sic] original mortgage,” is attached as Exhibit T. 4 26. A true and correct copy of an email obtained from Kludt identifying 102 Fair Oaks 5 Lane, Atherton, CA and 3269 Mountain Ridge Road, Solvang, CA as SVRV remodel and sell 6 projects is attached as Exhibit U. 7 27. A true and correct copy of the first page of Bragg’s 2016 K–1 for SVRV, listing his 8 address as 102 Fair Oaks Lane, Atherton, CA, obtained from Kludt is attached as Exhibit V. 9 28. A true and correct copy of certain personal rent payments made by Bragg from 10 SVRV’s accounts created by Bragg’s employee/contractor, Lukas Leuthold, obtained from Kludt, 11 is attached as Exhibit W. 12 29. True and correct excerpts of certain 2019 personal transactions made for Bragg’s 13 benefit from SVRV’s accounts classified by Dave’s employees/contractors as part of “Dave 14 Brag[g] Pot of Gold,” obtained from Kludt, are attached as Exhibit X. 15 30. True and correct excerpts from a copy of SVRV’s general ledger obtained from 16 Kludt showing $1,500 monthly payments to Autovino for “addl cost for boat, Cadillac and moto 17 storage” are attached as Exhibit EE. 18 31. A true and correct copy of a text message conversation obtained from Kludt, 19 between him and Bragg, is attached as Exhibit Y. 20 32. Plaintiffs in this action, as well as those in the related case (John Ho and Jacky 21 Huang) initiated an Adversary Proceeding against Bragg on December 22, 2022 in connection with 22 his bankruptcy petition. 23 33. On December 29, 2022, Plaintiffs served their adversary proceeding complaint by 24 first class mail on Bragg at his home address, 7230 Fuller Drive, Granite Bay, CA 95746; and on 25 Bragg’s then-bankruptcy counsel, Leo Spanos of Jen|Lee|Law, at his business address, 111 26 Deerwood Road, Suite 200, San Ramon, CA 94583. On January 3, 2023, Bragg’s counsel in this 27 action emailed me and described Plaintiffs’ adversary proceeding complaint as a “nuisance,” 28 implying he had also received and reviewed the adversary proceeding complaint. 6 DECLARATION OF COLLIN VIERRA IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT 1 34. Bragg has defaulted on claims against him and otherwise failed to appear before 2 California courts on multiple previous occasions. Several examples of such instances obtained 3 from California state courts’ online records are attached as Exhibits AA, BB, and CC. 4 35. In the 341 creditors’ meeting in connection with Bragg’s bankruptcy on November 5 14, 2022, Bragg said Plaintiffs’ claims appear to be “frivolous.” He also confirmed he purchased 6 two jet skis and a trailer, both completely on credit, in June 2022, even though he was already 7 contemplating bankruptcy. He also confirmed he owns numerous assets not disclosed in his 8 bankruptcy petition. 9 36. In the 341 creditors’ meeting on December 5, 2022 in connection with Bragg’s 10 bankruptcy, it was revealed that Bragg sought to exclude multiple vehicles, such as cars and dirt 11 bikes, from his bankruptcy estate on the ground that they belong to his son (at applicable times, a 12 minor), even though Bragg’s name is on the title documents and he purchased them and/or makes 13 the monthly lease and insurance payments on them. 14 37. Bragg refused to engage in a proper Discovery Conference pursuant to the 15 bankruptcy court’s December 22, 2022 order in the adversary proceeding. 16 17 18 I declare under penalty of perjury, under the laws of the State of California, that the 19 foregoing is true and correct to the best of my knowledge. 20 21 22 Dated: March 21, 2023 By: ______________________ 23 Collin J. Vierra 24 25 26 27 28 7 DECLARATION OF COLLIN VIERRA IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT