Attorney (Kirk & Toberty).
Legal cover
Supports the claim that any TopDevz counsel authority had to trace to valid manager authority, not merely to Davis acting as a member or judgment creditor.
The agreement defines Majority of Members, says the business is managed by the Manager, and limits member-manager removal to a vote of all other members.TopDevz Operating Agreement Consolidated Appendix Vol. 6, Ex. 79, Bates 2337, 2342, 2354-2356 Open record
Supports the claim that TopDevz's claim against Davis was removed through a disputed TopDevz appearance rather than through Rajaee-authorized company counsel.
The dismissal is styled as TopDevz's dismissal of its eighth cause of action against Tyler Davis.TopDevz amended arbitration demand and Kirk notice of dismissal Consolidated Appendix Vol. 6, Ex. 84, Bates 2401-2403, 2427-2428 Open record
Supports the claim that the same disputed TopDevz authority was used in the confirmation proceeding.
The filing lists Kirk as attorney for TopDevz and joins Davis and TopDevz in confirmation papers.Kirk notice of appearance and joint confirmation filings Consolidated Appendix Vol. 6, Ex. 85, Bates 2429-2433 Open record
Supports the claim that later TopDevz appearances depended on the premise that an arbitration order made Davis manager.
Davis declared, 'After Order No. 4 was issued... I became the managing member of TopDevz.'Davis declarations and winding-up statement Consolidated Appendix Vol. 6, Ex. 87, Bates 2497-2500 Open record
Supports the claim that Carpenter treated TopDevz representation as authorized through Davis's asserted manager status.
Carpenter asserted Davis had authority to hire counsel including Carpenter, Scalia, or Kirk for TopDevz.Carpenter declaration re motion to disqualify Consolidated Appendix Vol. 10, Ex. 98, Bates 4041-4044 Open record
Supports the notice claim: Kirk had direct written objection before continuing as TopDevz counsel.
The email says Kirk and his firm were 'not authorized to represent TopDevz, LLC.'Apr. 16, 2023 email to Douglas Kirk Consolidated Appendix Vol. 10, Ex. 102, Bates 4169-4170 Open record
Gives readers the compact roadmap of the fraud-in-procurement theory: 2021 knowledge, no-vote authority, unauthorized TopDevz appearance, Davis declarations, and ROA 121.
The motion frames the issue as fraud in procurement of the judgment, not simple disagreement with the result.Rajaee motion to vacate judgment San Diego Superior Court Case No. 37-2022-00026691, ROA 182, pp. 16-19 Open record
Supports the factual dispute over authority by pairing Rajaee's sworn no-authorization statement with the Secretary of State page listing Rajaee for TopDevz.
Rajaee declared he never authorized Davis, Kirk, or Hays to represent TopDevz.Rajaee declaration ISO motion to vacate San Diego Superior Court Case No. 37-2022-00026691, ROA 183, pp. 1-5, 123 Open record
Davis arbitration testimony (Day 2)
Final Award (95.308%)