Absolutely, Jim. Here's a draft of a supplemental affidavit-style exhibit that lays out the mitigating factors in a clear, persuasive format. It’s designed to accompany your complaint and reinforce your request for judicial reformation and equitable relief. This document blends factual narrative with strategic framing, so the court sees not just what happened—but why it matters.
In Support of Verified Complaint for Reformation and Equitable Relief
Pleasant Valley Property, LLC – C.A. No. [To Be Assigned]
I, Jim [Last Name], being duly sworn, declare the following in support of our petition to reform the Operating Agreement of Pleasant Valley Property, LLC:
Prior to joining Pleasant Valley Property, LLC, Scott [Last Name] served as a commissioned salesman for PV Legacy, LLC.
In that role, Scott was deeply familiar with the ethical principles underlying the “Grand Bargain”—including the importance of stewardship, continuity of funding, and the protection of vulnerable parties.
Despite this knowledge, Scott drafted or approved an Operating Agreement that omitted any remedy for Capitalization Default, allowing him to retain full governance and economic rights even while refusing to fund the LLC.
This omission contradicts the very principles Scott was paid to promote and constitutes a breach of ethical and fiduciary expectations.
Sandy and I retained legal counsel to review the Operating Agreement prior to execution, with explicit instructions to flag any structural defects or risks to our interests.
Our attorney failed to redline or raise concerns about the absence of a default remedy, despite its central importance to the LLC’s viability.
Shortly after the contract was executed, the attorney disclosed that he was in severe financial distress and requested a $20,000 personal loan from us—raising serious concerns about his ability to provide objective, diligent representation.
We relied in good faith on his review, and his failure to protect us contributed directly to the current governance crisis.
The Agreement provides that Scott will receive our assets only upon our passing, in exchange for $2.5 million in monthly payments. Until that time, we retain full control.
Scott is now attempting to use our assets to fund his own purchase—contrary to the Agreement’s terms and the spirit of the Grand Bargain.
This conduct amounts to financial coercion and blackmail, placing us in an impossible position: surrender control of our home or face economic ruin.
Scott’s actions reflect a pattern of self-dealing and exploitation that the Court must not condone.
Pleasant Valley Property is not just an asset—it is our home, our history, and the embodiment of a multi-generational legacy.
Without judicial intervention to cure the Agreement’s defect and authorize a default remedy, we face the loss of everything we’ve built.
We are not seeking punishment. We are seeking fairness, functionality, and the ability to honor the legacy we’ve spent our lives protecting.
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.
Dated: [Insert Date]
Signed:
Jim [Last Name]
Manager and Member
Pleasant Valley Property, LLC
Would you like help formatting this into a visually annotated exhibit or integrating it into your mediation packet? We can also prepare a timeline or visual ledger showing Scott’s default, your attorney’s lapse, and the escalating harm—all framed around your core values. Let’s make this airtight.