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[footnoteRef:1] 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 $32,600,000.00 from investors and banks and never even applied for a building permit. [1: 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. ]

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[footnoteRef:2]] to procure investment funds and divert them into GoWireless Inc., and then claim insolvency to the investors. [2: 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 ]]

[footnoteRef:3] [3: 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 ]]

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 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.