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
 3   Telephone: (408) 889-1668
 4   Email: cvierra@eimerstahl.com

 5   Attorney for Plaintiffs

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 7                     SUPERIOR COURT OF THE STATE OF CALIFORNIA
                                      COUNTY OF SAN MATEO
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      Robert Arntsen; Mary Lee; Arntsen Family      Case No. 22-CIV-01148
10    Partnership, LP; Brian Christopher Dunn       Consolidated with Case No. 23-CIV-01099
      Custodianship, John Ho, and Quanyu Huang;
11                                                  Date: March 11, 2024
12                   Plaintiffs,                    Time: 2:00 p.m.
      v.                                            Dept. 24
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      David M. Bragg; Silicon Valley Real Ventures Date Action Filed: March 15, 2022
14    LLC; SVRV 385 Moore, LLC; SVRV 387
      Moore, LLC; Gregory J. Davis; Kevin Wolfe; Hon. Jeffrey Finigan
15    Jason Justesen; Paramont Woodside, LLC;
16    Paramont Capital, LLC; Monks Family Trust;
      TEH Capital LLC; Caproc III, LLC; WZ          PLAINTIFFS’ WITNESS LIST
17    Partners, LLC; McClan Trust; Wild Rose
      Irrevocable Trust; Black Horse Holdings,
18    LLC; Phil Stoker; Diane Stoker; Scott O’Neil;
      Dale Huish; and DOES 1–20,
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20                   Defendants.

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                                       PLAINTIFFS’ WITNESS LIST
 1          Plaintiffs Robert Arntsen, Mary Lee, Arntsen Family Partnership, LP, Brian Christopher

 2   Dunn Custodianship, John Ho, and Quanyu Huang (collectively, “Plaintiffs”) anticipate calling

 3   the following witnesses at the time of the trial of the above-captioned matter, not including

 4   impeachment witnesses:

 5      1. David M. Bragg
 6             a. Length of expected testimony: 4 hours.
 7             b. Summary of expected testimony: Plaintiffs will examine Bragg regarding his
                  management of SVRV and the Moore Road LLCs; Plaintiffs’ contributions to and
 8                membership in the Moore Road LLCs; the incorporation of the Moore Road LLCs
                  and their governance by the Effective Operating Agreements; Bragg’s
 9                communications with the Paramont Defendants regarding Plaintiffs’ membership
                  in the Moore Road LLCs; Bragg’s assent to the Unapproved Operating Agreements
10                and amendments thereto, and communications with the Paramont Defendants
                  thereabout; the Paramont Defendants’ management and takeover of the Moore
11                Road LLCs; the distribution of proceeds from the Moore Road LLCs; the use(s) of
                  Plaintiffs’ funds; any misappropriations by Bragg of funds from SVRV and the
12                Moore Road LLCs; factors relevant to Plaintiffs’ request for punitive damages;
                  Bragg’s spoliation of evidence relating to this action; Bragg’s misappropriation of
13                funds from SVRV and the Moore road LLCs; and Bragg’s improper disposal and
                  transfer of assets after declaring bankruptcy and while this action was pending.
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        2. Gregory J. Davis
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               a. Length of expected testimony: 3 hours.
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               b. Summary of expected testimony: Plaintiffs will examine Davis regarding his
17                management of the Paramont entities and the Moore Road LLCs; Plaintiffs’
                  contributions to and membership in the Moore Road LLCs; the Paramont
18                Defendants’ communications with Bragg and SVRV regarding Plaintiffs’
                  membership in the Moore Road LLCs; the Paramont Defendants’ drafting of the
19                Unapproved Operating Agreements and amendments thereto, and communications
                  with the Paramont Defendants thereabout; the Paramont Defendants’ management
20                and takeover of the Moore Road LLCs; the distribution of proceeds from the Moore
                  Road LLCs; the use(s) of Plaintiffs’ funds; factors relevant to Plaintiffs’ request for
21                punitive damages; the Paramont Defendants’ failure to preserve attachments sent
                  by Bragg and SVRV regarding the Moore Road Project; and impeachment
22                testimony.
23      3. Robert Arntsen
24             a. Length of expected testimony: 0.5 hours.
25             b. Summary of expected testimony: Plaintiffs will examine Bob regarding his
                  contribution to SVRV; his contributions to and membership in the Moore Road
26                LLCs; his communications with Bragg and SVRV regarding the Effective
                  Operating Agreements and the Moore Road Project; and his damages.
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                                        PLAINTIFFS’ WITNESS LIST
 1   4. Mary Lee

 2         a. Length of expected testimony: 0.5 hours.
 3         b. Summary of expected testimony: Plaintiffs will examine Mary regarding her
              contributions to and membership in the Moore Road LLCs; and her damages.
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     5. John Ho
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           a. Length of expected testimony: 1 hour.
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           b. Summary of expected testimony: Plaintiffs will examine John regarding his
 7            contributions to and membership in the Moore Road LLCs; his communications
              with Bragg and SVRV regarding the Effective Operating Agreements and the
 8            Moore Road Project; and his damages.
 9   6. Quanyu (“Jacky”) Huang
10         a. Length of expected testimony: 1 hour.
11         b. Summary of expected testimony: Plaintiffs will examine Jacky regarding his
              contributions to and membership in the Moore Road LLCs; his communications
12            with Bragg and SVRV regarding Jacky’s “preferred investor” agreement and the
              Moore Road Project; and his damages.
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     7. Martha Dunn as custodian of the Christopher Dunn Custodianship and manager of the
14      Arntsen Family Partnership, LP
15         a. Length of expected testimony: 2 hours.
16         b. Summary of expected testimony: Plaintiffs will examine Martha regarding the
              Partnership’s and Custodianship’s contributions to and membership in the Moore
17            Road LLCs; their communications with Bragg and SVRV regarding the Effective
              Operating Agreements and the Moore Road Project; the Partnership’s and
18            Custodianship’s refusal to ratify the Unapproved Operating Agreements; and their
              damages.
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     8. Rich Bragg
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           a. Length of expected testimony: 1 hour.
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           b. Summary of expected testimony: Plaintiffs will examine Rich Bragg regarding his
22            funding of SVRV; his receipt of and/or entitlement to funds from SVRV and the
              Moore Road LLCs; and his contracts with SVRV and the Moore Road LLCs,
23            including Braggs’ representations to him regarding SVRV’s ownership interest in
              the Moore Road LLCs.
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     9. Maximos Bragg
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           a. Length of expected testimony: 0.5 hours.
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           b. Summary of expected testimony: Plaintiffs will examine Maximos Bragg regarding
27            Bragg’s transfer of assets to him after declaring bankruptcy and while this action
              was pending; and evidence regarding Bragg’s expenditures of funds and use of
28            assets after declaring bankruptcy and while this action was pending.
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                                  PLAINTIFFS’ WITNESS LIST
 1       10. Mattie Bragg

 2               a. Length of expected testimony: 0.5 hours.
 3               b. Summary of expected testimony: Plaintiffs will examine Mattie Bragg regarding
                    Bragg’s expenditures of funds and use of assets after declaring bankruptcy and
 4                  while this action was pending.
 5       11. John Geyer
 6               a. Length of expected testimony: 0.5 hours.
 7               b. Summary of expected testimony: Plaintiffs will examine John Geyer regarding
                    Bragg’s and SVRV’s management of the Moore Road Project; and Bragg’s and
 8                  SVRV’s correspondence with John Geyer regarding the governing documents for
                    the Moore Road LLCs and Bragg’s representations about the Arntsen Plaintiffs’
 9                  investments therein.
10       12. Paramont Woodside Investors (Eric Scheuermann on behalf of Black Horse Holdings,
             LLC; David Smith on behalf of Caproc III, LLC; Jon Monks on behalf of Monks Family
11           Trust; Scott O’Neil; Phil Stoker; Diane Stoker; Dale Huish; Ben LeSueur on behalf of TEH
             Capital, LLC; Chris Zaharis on behalf of McClan Trust, Wild Rose Irrevocable Trust, and
12           WZ Partners, LLC)
13               a. Length of expected testimony: 0.25 hours each.
14               b. Summary of expected testimony: Plaintiffs will examine each of the Paramont
                    Woodside Investors regarding the amount of funds they received from the Moore
15                  Road Project. However, if the Paramont Woodside Investors will stipulate to these
                    amounts Plaintiffs can excuse them from appearing at trial.
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17            Plaintiffs reserve the right to introduce competent admissible testimony of unavailable

18   witnesses in lieu of live testimony, and to call any person as witness called or identified by any

19   other party to this action.

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21   Dated:     2/20/2024                                By: ______________________
22                                                             Collin J. Vierra
23                                                             Attorney for Plaintiffs
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                                        PLAINTIFFS’ WITNESS LIST