Conflict of Interest
Bryan Eastin falsely states there is no Conflict of Interest in representing the Johanson’s in this frivolous litigation.
This statement is false for the following reasons:
A.R.S. § 29-3401 (A),(B),(C)(1)&(3)
• (A) At the time of formation, a limited liability company must have at least one member. If a company is to have only one member on formation, the person becomes a member by agreeing to be a member and by being identified as the member in the articles of organization.
• (B) If a limited liability company is to have more than one member on formation, those persons become members as agreed by the persons before the formation of the company.
• (C) After formation of a limited liability company, a person becomes a member by any of the following:
(1) As provided in the operating agreement.
(3) By agreeing to become a member, with the affirmative vote or consent of all the members.
Bryan Eastin’s signature states Nick Casavellis Agent capacity for Garpdon LLC & the Johanson Family Trust (the manager of Garpdon LLC).
The Johansons and the Casavellis witnessed Bryan Eastin authoring this document on the indicated date, again proof of Conflict of Interest.
See (“Platt & Westby Engagement Letter”).
An Operating Agreement Authorizing Nick Casavelli as a Member /Managing Agent for Garpdon LLC and the Johanson Family Trust, signed by Gary T. Johanson & Donna J. Johanson as Trustees of the Johanson Family Trust, See (“Appointment”).
Bryan Eastin is in violation of A.R.S. §12-2234, by admittingly using information obtained from Nick Casavelli, in Nick Casavelli's status as "managing agent" for Garpdon LLC, in a litigation filed after Nick Casavelli retained Bryan Eastin, See A.R.S. § 12-2234 (A)(B)(1)(2).
See Rule 42. Arizona Rules of Professional Conduct ER l.7(a), ER 1.9, ER 1.l0 (a), Bryan Eastin is pursuing these claims when there is a clear Conflict of Interest and should have been dismissed 7+ years ago.
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