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28
HINSHAW & CULBERTSON Lt?
380 South Grand Ave., Suite 3600
Los Angeles, CA 90071-3402
213-680-2800,
16CV300096
Santa Clara — Civil
Electronically Filed
JUSTIN PENN (SBN CA 302350) by Superior Court of CA,
jpenn@hinshawlaw.com Cc f Santa Cl °
SHALINI BHASKER (SBN CA 326729) euntyof. Santa \Clara,
sbhasker@hinshawlaw.com on 4/20/2022 1:57 PM
HINSHAW & CULBERTSON LLP Reviewed By: R. Walker
350 South Grand Ave., Suite 3600 Case #16CV300096
Los Angeles, CA 90071-3402 Envelope: 8796920
Telephone: 213-680-2800
Facsimile: 213-614-7399
Attorneys for Plaintiff and Cross-Defendant
Velocity Investments, LLC and Cross-Defendant Velocity
Portfolio Group, Inc.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
VELOCITY INVESTMENTS, LLC, Case No.: 16CV300096
Plaintiff,
DECLARATION OF MATTHEW
vs. DIPOALO IN SUPPORT OF
OPPOSITION TO MOTION TO
MARIA CANUL, CONDUCT DISCOVERY
Defendant.
MARIA ANTONIA CANUL, Hearing Date: May 11, 2022
Hearing Time: 1:30 p.m.
Cross-Complainant, Hearing Dept.: 3
vs.
VELOCITY INVESTMENTS, LLC, a New
Jersey limited liability company; VELOCITY
PORTFOLIO GROUP, INC., a Delaware
corporation; and ROES 2 through 10, inclusive,
Cross-Defendants.
1
DECLARATION OF MATTHEW DIPOALO IN SUPPORT OF OPPOSITION TO MOTION TO CONDUCT DISCOVERY
1045141\310553473.v1
Document Ref: MHUN9-YW26X-BHZCH-KMITB Page 1 of 428
HINSHAW & CULBERTSON Le
380 South Grand Ave., Suite 3600
Los Angeles, CA 90071-3402
213-680-2800,
DECLARATION OF MATTHEW DIPOALO
I, Matthew DiPoalo, declare as follows:
1. Tam employed by Plaintiff and Cross-Defendant VELOCITY INVESTMENTS,
LLC and am the Director of Outsourcing, a position I have held for 3 years. The facts set forth
herein are true and correct based on my personal review of the documents related to litigation
involving counsel for Defendant and Cross-Complainant MARIA ANTONIA CANUL (“Canul”)
and Ms. Canul’s account, as well as my personal knowledge of Velocity Investments, LLC’s
relationship with its parent company Velocity Portfolio Group, Inc. If called upon as a witness, I
could and would competently testify as to the matters in this declaration.
2. Ihave been personally involved in the review and production of documents and
information in similar litigation involving both Velocity Investments, LLC and Velocity Portfolio
Group, Inc. As the Director of Outsourcing for Velocity Investments, LLC, I have the personal
knowledge and authority to make this declaration concerning the existence and production of
documents related to the relationship between Velocity Investments, LLC and its parent
corporation, Velocity Portfolio Group, Inc.
3. As part of the litigation in these matters, the parties have entered into various
protective orders. I understand there is a protective order in this case. Further, Velocity
Investments, LLC agreed to a protective order in Pajarit v. Velocity Investments, case no. 17-
CIV-03046, which was signed by the Court on May 9, 2018.
4. In Pajarit v. Velocity Investments, LLC, case no.
17-CIV-03046, in which Fred Schwinn and his office was counsel of record, Velocity
Investments, LLC has produced documents related to the financials and operations of it
and its parent corporation Velocity Portfolio Group, Inc., as well as documents concerning its
relationship with Velocity Portfolio Group, Inc.
5. The productions that have been made and which are in the possession of counsel
of record for Canul in this action include detailed financial accounting documents, auditor
reports, statements, policies, procedures, insurance information, and corporate structure
2
DECLARATION OF MATTHEW DIPOALO IN SUPPORT OF OPPOSITION TO MOTION TO CONDUCT DISCOVERY
1045141\310553473.v1
Document Ref: MHUN9-YW26X-BHZCH-KMITB Page 2 of 4—
oO WON DH FP WN
28
HINSHAW & CULBERTSON Le
380 South Grand Ave., Suite 3600
‘Los Angeles, CA 90071-3402
213-680-2800
documents. On information and belief, many documents concerning the corporate forms of
Velocity Portfolio Group, Inc. are also available through public disclosures. Moreover, on
information and belief, the documents already produced to counsel of record are duplicative of
the documents that would be produced in response to the much of the discovery Canul contends
she needs to oppose the VelocityPortfolio Group, Inc.’s Special Motion to Strike.
6. Because of the past productions, Mr. Schwinn and his office have known of the
existence of Velocity Portfolio Group, Inc., as the parent company of Velocity Investments, LLC
since at least May of 2018. Moreover, Mr. Schwinn and his office have been in the possession of
detailed corporate information, which includes important details concerning both entities
corporatestructure, finances, and operation. On October 15, 2019, Mr. Schwinn’s office filed a
joint supplemental brief in the Pajarit case describing Velocity Investments, LLC as a subsidiary
of Velocity Portfolio Group, Inc., confirming that Mr. Schwinn and his office know of Velocity
Portfolio Group, Inc.
7. Inthis action, Velocity Portfolio Group, Inc. is not the owner of the account and
had no involvement in the activities at issue in the Cross-Complaint. Velocity Portfolio Group,
Inc. did not file the collection complaints against Canul or any prospective class member, and it
is not the entity that files collection complaints as part of its business. Velocity Portfolio Group,
Inc. is not Velocity Investments, LLC. Velocity Portfolio Group, Inc. is the parent corporation of
Velocity Investment, LLC, and the two entities have at all relevant times maintained corporate
formalities and separateness. Each of their respective corporate forms, and the relationship of
their corporate forms to one another, was not created, established, carried out, or maintained with
deceptive or fraudulent intent or to commit a fraud or misconduct. Velocity Portfolio Group, Inc.
maintains separate accounting and operational functions from Velocity Investment, LLC,
including financial or banking accounts, and neither entity fails to maintain corporate records.
3
DECLARATION OF MATTHEW DIPOALO IN SUPPORT OF OPPOSITION TO MOTION TO CONDUCT DISCOVERY
1045141\310553473.v1
Document Ref: MHUN9-YW26X-BHZCH-KMITB Page 3 of 4CoO MON DH FP WN
i
=
28
HINSHAW & CULBERTSON Le
380 South Grand Ave., Suite 3600
‘Los Angeles, CA 90071-3402
213-680-2800
Further, Velocity Investments, LLC has a different business and functions, such that Velocity
Investments, LLC is not a mere shell of Velocity Portfolio Group, Inc.
Executed this 19 _day of April 2022, at Wall, New Jersey.
4
either DP rable
Matthew DiPoalo
DECLARATION OF MATTHEW DIPOALO IN SUPPORT OF OPPOSITION TO MOTION TO CONDUCT DISCOVERY
Document Ref: MHUN9-YW26X-BHZCH-KMITB
1045141\310553473.v1
Page 4 of 4Signature Certificate
Reference number: MHUN9-YW26X-BHZCH-KMITB
Signer Timestamp Signature
Matthew DiPoalo
Email: mdipoalo@velocityrecoveries.com
Wlitlleu. Diprale,
IP address: 100.1.210.21
Location: Middletown, United States
‘Shared via link
Sent: 19 Apr 2022 21:32:28 UTC
Signed: 19 Apr 2022 21:32:28 UTC
Document completed by all parties:on
19 Apr 2022 21:32:28 UTC
Page 1 of 1
Signed with PandaDoc
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28 HINSHAW & CULBERTSON Lt? 380 South Grand Ave., Suite 3600 Los Angeles, CA 90071-3402 213-680-2800, 16CV300096 Santa Clara — Civil Electronically Filed JUSTIN PENN (SBN CA 302350) by Superior Court of CA, jpenn@hinshawlaw.com Cc f Santa Cl ° SHALINI BHASKER (SBN CA 326729) euntyof. Santa \Clara, sbhasker@hinshawlaw.com on 4/20/2022 1:57 PM HINSHAW & CULBERTSON LLP Reviewed By: R. Walker 350 South Grand Ave., Suite 3600 Case #16CV300096 Los Angeles, CA 90071-3402 Envelope: 8796920 Telephone: 213-680-2800 Facsimile: 213-614-7399 Attorneys for Plaintiff and Cross-Defendant Velocity Investments, LLC and Cross-Defendant Velocity Portfolio Group, Inc. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA VELOCITY INVESTMENTS, LLC, Case No.: 16CV300096 Plaintiff, DECLARATION OF MATTHEW vs. DIPOALO IN SUPPORT OF OPPOSITION TO MOTION TO MARIA CANUL, CONDUCT DISCOVERY Defendant. MARIA ANTONIA CANUL, Hearing Date: May 11, 2022 Hearing Time: 1:30 p.m. Cross-Complainant, Hearing Dept.: 3 vs. VELOCITY INVESTMENTS, LLC, a New Jersey limited liability company; VELOCITY PORTFOLIO GROUP, INC., a Delaware corporation; and ROES 2 through 10, inclusive, Cross-Defendants. 1 DECLARATION OF MATTHEW DIPOALO IN SUPPORT OF OPPOSITION TO MOTION TO CONDUCT DISCOVERY 1045141\310553473.v1 Document Ref: MHUN9-YW26X-BHZCH-KMITB Page 1 of 428 HINSHAW & CULBERTSON Le 380 South Grand Ave., Suite 3600 Los Angeles, CA 90071-3402 213-680-2800, DECLARATION OF MATTHEW DIPOALO I, Matthew DiPoalo, declare as follows: 1. Tam employed by Plaintiff and Cross-Defendant VELOCITY INVESTMENTS, LLC and am the Director of Outsourcing, a position I have held for 3 years. The facts set forth herein are true and correct based on my personal review of the documents related to litigation involving counsel for Defendant and Cross-Complainant MARIA ANTONIA CANUL (“Canul”) and Ms. Canul’s account, as well as my personal knowledge of Velocity Investments, LLC’s relationship with its parent company Velocity Portfolio Group, Inc. If called upon as a witness, I could and would competently testify as to the matters in this declaration. 2. Ihave been personally involved in the review and production of documents and information in similar litigation involving both Velocity Investments, LLC and Velocity Portfolio Group, Inc. As the Director of Outsourcing for Velocity Investments, LLC, I have the personal knowledge and authority to make this declaration concerning the existence and production of documents related to the relationship between Velocity Investments, LLC and its parent corporation, Velocity Portfolio Group, Inc. 3. As part of the litigation in these matters, the parties have entered into various protective orders. I understand there is a protective order in this case. Further, Velocity Investments, LLC agreed to a protective order in Pajarit v. Velocity Investments, case no. 17- CIV-03046, which was signed by the Court on May 9, 2018. 4. In Pajarit v. Velocity Investments, LLC, case no. 17-CIV-03046, in which Fred Schwinn and his office was counsel of record, Velocity Investments, LLC has produced documents related to the financials and operations of it and its parent corporation Velocity Portfolio Group, Inc., as well as documents concerning its relationship with Velocity Portfolio Group, Inc. 5. The productions that have been made and which are in the possession of counsel of record for Canul in this action include detailed financial accounting documents, auditor reports, statements, policies, procedures, insurance information, and corporate structure 2 DECLARATION OF MATTHEW DIPOALO IN SUPPORT OF OPPOSITION TO MOTION TO CONDUCT DISCOVERY 1045141\310553473.v1 Document Ref: MHUN9-YW26X-BHZCH-KMITB Page 2 of 4— oO WON DH FP WN 28 HINSHAW & CULBERTSON Le 380 South Grand Ave., Suite 3600 ‘Los Angeles, CA 90071-3402 213-680-2800 documents. On information and belief, many documents concerning the corporate forms of Velocity Portfolio Group, Inc. are also available through public disclosures. Moreover, on information and belief, the documents already produced to counsel of record are duplicative of the documents that would be produced in response to the much of the discovery Canul contends she needs to oppose the VelocityPortfolio Group, Inc.’s Special Motion to Strike. 6. Because of the past productions, Mr. Schwinn and his office have known of the existence of Velocity Portfolio Group, Inc., as the parent company of Velocity Investments, LLC since at least May of 2018. Moreover, Mr. Schwinn and his office have been in the possession of detailed corporate information, which includes important details concerning both entities corporatestructure, finances, and operation. On October 15, 2019, Mr. Schwinn’s office filed a joint supplemental brief in the Pajarit case describing Velocity Investments, LLC as a subsidiary of Velocity Portfolio Group, Inc., confirming that Mr. Schwinn and his office know of Velocity Portfolio Group, Inc. 7. Inthis action, Velocity Portfolio Group, Inc. is not the owner of the account and had no involvement in the activities at issue in the Cross-Complaint. Velocity Portfolio Group, Inc. did not file the collection complaints against Canul or any prospective class member, and it is not the entity that files collection complaints as part of its business. Velocity Portfolio Group, Inc. is not Velocity Investments, LLC. Velocity Portfolio Group, Inc. is the parent corporation of Velocity Investment, LLC, and the two entities have at all relevant times maintained corporate formalities and separateness. Each of their respective corporate forms, and the relationship of their corporate forms to one another, was not created, established, carried out, or maintained with deceptive or fraudulent intent or to commit a fraud or misconduct. Velocity Portfolio Group, Inc. maintains separate accounting and operational functions from Velocity Investment, LLC, including financial or banking accounts, and neither entity fails to maintain corporate records. 3 DECLARATION OF MATTHEW DIPOALO IN SUPPORT OF OPPOSITION TO MOTION TO CONDUCT DISCOVERY 1045141\310553473.v1 Document Ref: MHUN9-YW26X-BHZCH-KMITB Page 3 of 4CoO MON DH FP WN i = 28 HINSHAW & CULBERTSON Le 380 South Grand Ave., Suite 3600 ‘Los Angeles, CA 90071-3402 213-680-2800 Further, Velocity Investments, LLC has a different business and functions, such that Velocity Investments, LLC is not a mere shell of Velocity Portfolio Group, Inc. Executed this 19 _day of April 2022, at Wall, New Jersey. 4 either DP rable Matthew DiPoalo DECLARATION OF MATTHEW DIPOALO IN SUPPORT OF OPPOSITION TO MOTION TO CONDUCT DISCOVERY Document Ref: MHUN9-YW26X-BHZCH-KMITB 1045141\310553473.v1 Page 4 of 4Signature Certificate Reference number: MHUN9-YW26X-BHZCH-KMITB Signer Timestamp Signature Matthew DiPoalo Email: mdipoalo@velocityrecoveries.com Wlitlleu. Diprale, IP address: 100.1.210.21 Location: Middletown, United States ‘Shared via link Sent: 19 Apr 2022 21:32:28 UTC Signed: 19 Apr 2022 21:32:28 UTC Document completed by all parties:on 19 Apr 2022 21:32:28 UTC Page 1 of 1 Signed with PandaDoc PandaDoc is a document workflow and certified eSignature solution trusted by 30,000+ companies worldwide.