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Appellant objects to the entire GoWireless Inc.

and Kevin
Elder Brief inasmuch as they ask this Court to determine issues
not properly addressed to this Court.

The lower Court abused its discretion by rendering such an
opinion after finding that Appellant lacked standing inasmuch as
a [l]ack of standing divests the court of subject matter
jurisdiction. Steel Co. v. Citizens for a Better Envt, 523
U.S. 83, @89 (1998)

Defendants, GoWireless Inc and Kevin Elder, purport that
there is nothing criminal about falsely inducing investors into
a real estate project with the intent to divert the invested
funds into a privately held communication corporation. Indeed
they [Elder and his counsel] claim that the Subornation
Agreement [created by the very law firm
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representing Elder
herein] gave fair warning that loans totaling $32,600,000.00
were to be utilized to invest in the expansion of GoWireless
Inc. because they creatively included a clause stating a
portion of which may be expended for other purposes other than
land improvement. Raoul cannot now plead fraud premised upon
concealment of these facts. [Elder Brief, page 56, 1] First
and foremost, Defendants [including counsels firm]admit they
concealed the fact they intended to divert the investment funds.
Second and of paramount importance, is that such a claim is
unconscionable. In construction there always are costs that do
not improve the land. Costs of setting up an office on site,
chain link fence around the entire project, insurances, repairs
for heavy equipment, etc, etc. It is outrageous that a licensed
attorney would purport that a vague and undefined term inserted
into the Subornation Agreement would indemnify the embezzlement
of the loans for the entire project [NOT A PORTION] that were
laundered into the expansion of a privately held communications
corporation, GoWireless, Inc.. The intent to commit fraud is
obvious considering the fact that the Defendants took

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Counsels firm for GoWireless Inc and Kevin Elder prepared all documents for the execution of the Pimlico Ranch
LLC Ponzi scheme. Which begs the question of their complicity.
$32,600,000.00 from investors and banks and never even applied
for a building permit.
Counsel contends that it was not the Clymer loan that was
embezzled and laundered into GoWireless Inc, albeit, it was the
Alliance loan and therefore Appellant has no standing to contest
the criminal activity. However, as the record before this Court
clearly states it was the Clymer loan that was embezzled and
laundered into the GoWireless Inc; as well as the Alliance loan.
Appellant presented uncontroverted documentary proof in the form
the Pimlico Ranch LLC Construction Loan that the pay-off for the
purchase price of the Pimlico Ranch LLC project was included in
the construction loan and thereby proving it was not the Clymer
Loan wire transferred into Elders personal checking account
many months prior to the Alliance Construction Loan that
purchased Pimilico Ranch LLC Project. Appellant is complaining
that Elder utilized the original $3.5 million AND the
Construction loan to expand GoWireless Inc. Appellant contends
that he has a real interest in the Construction Loan inasmuch as
he had to take second position on title to obtain the
construction loan and his entire investment was predicated on
the Construction Loan.
Counsel endorses Elders use of the Pimlico Ranch LLC, as
the sole shareholder [as sworn to in an affidavit Appellant
requested judicial notice of; court ignored the request
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] to
procure investment funds and divert them into GoWireless Inc.,
and then claim insolvency to the investors.


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Opposition to Motion to Dismiss [Original Complaint], PAGE 3,
2, LN 8, 9 Request for Judicial Notice of State Court Document,
Request for Judicial Notice of an exhibit lodged in Riverside
County Superior Court, case no. TEC 10007857 & TEC 10007784. In
support of a request for a restraining order Kevin Elder
submitted a sworn Declaration which states I am the sole
shareholder of a company called Pimlico Ranch LLC.
(Pimlico)[Objection to GoWireless Inc. MTD , Exhibit 1, page 1,
Declaration of Kevin Elder, 3 ]


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On December 19, 2012, Appellant and his Brother met with the
Murrieta City Planner, Cynthia S. Kinser inquiring into to the
status of license/permit renewal. Mrs. Kinser stated that
Pimlico Ranch LLC never applied for building permits and just
recently moved to revert the property from 26 lots back to one
lot. [Memorandum of Points and Authority in Support of Motion to
Alter the Judgment, filed February 14, 2013, page 3, 1]
$32,600,000.00 in verifiable loans made to Pimlico Ranch LLC and
a building permit was never issued.
In Last week of August, 2013, counsel for Alliance Bank
informed Appellant that Elder defaulted on his loan to Alliance
in the amount of $1,050,000.00 [approximate amount of interest
paid to Clymer].
On Monday September 9, 2013, Appellant and Clymer went to
the Murrieta City Planners Office and found out that Elder has
filed an application to revert the Pimlico Ranch LLC plot map
from 26 subdivisions back into one lot.

Appellant is no stranger to the court system. Indeed he has
suffered at the hands of Prosecutors tampering with witnesses,
and destroying subpeonas for witnesses, and jury tampering. Of
course we all know this does not happen in the United States. It

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Opposition to Motion to Dismiss [Original Complaint], PAGE 3,
2, LN 8, 9 Request for Judicial Notice of State Court Document,
Request for Judicial Notice of an exhibit lodged in Riverside
County Superior Court, case no. TEC 10007857 & TEC 10007784. In
support of a request for a restraining order Kevin Elder
submitted a sworn Declaration which contains the threats and
harassment. A true and correct copy has been attached hereto
as exhibit 1. Lower court never addressed this RJN. On I am
the sole shareholder of a company called Pimlico Ranch LLC
(Pimlico).[Objection to GoWireless Inc. MTD , Exhibit 1, page
1, Declaration of Kevin Elder, 3 ]

is for this reason Appellant asserted his right as a family
member to initiate investigation and litigation. Clymer is an
honest businessman that completely trusted Michael Murray,
Appellants Son-in-law [erstwhile] with the investment into
Pimlico Ranch LLC. Upon investigation Appellant revealed that
Michael Murray was paid $89,000.00 by Kevin Elder for his co-
operation in the deceit of Clymer.