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WEBB LEGAL GROUP
treet, Suite 1200
s CA 94104
277-7200
155 Montgomer:
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WILLIAM T. WEBB #193832
JENNIFER D. SU #291603
155 Montgomery Street, Suite 1200
San Francisco, CA 94104
(415) 277-7200
(415) 277-7210 (fax)
Attorneys for BILLFLOAT, INC.,
RYAN GILBERT AND SEAN O’MALLEY
ELECTRONICALLY
FILED
Superior Court of Caltfornta,
County of San Francisco
09/28/2016
Clerk of the Court
BY:MADONNA CARANTO
Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA.
IN AND FOR THE COUNTY OF SAN FRANCISCO
(Unlimited Jurisdiction)
GOLDEN PACIFIC BANK,N.A.,
Plaintiff,
v.
BILLFLOAT, INC., RYAN GILBERT, SEAN
O'MALLEY, DOES 1-50,
Defendants.
BILLFLOAT, INC.
Cross-Complainant,
v.
GOLDEN PACIFIC BANK, N.A., and ROES
1-50,
Cross-Defendants.
} Case No.: CGC-16-549804
} DISCOVERY
)
) SUPPLEMENTAL DECLARATION OF
} JENNIFER D. SU IN SUPPORT OF
) DEFENDANT AND CROSS-
) COMPLAINANT BILLFLOAT, INC.’S
3 MOTION TO COMPEL FURTHER
RESPONSES TO FORM
INTERROGATORIES, SET ONE,
SPECIAL INTERROGATORIES, SET
ONE, AND DEMANDS FOR
INSPECTION, SET ONE, TO GOLDEN
PACIFIC BANK, N.A.
Time: 9:00 a.m.
)
)
)
)
)
)
)
)
} Date: October 5, 2016
)
; Dept: 302
)
)
)
)
)
)
SUPPLEMENTAL DECLARATION OF JENNIFER D. SU IN SUPPORT OF DEFENDANT AND CROSS-COMPLAINANT
BILLFLOAT, INC.'S MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES,
SET ONE, SPECIAL
INTERROGATORIES, SET ONE, AND DEMANDS FOR INSPECTION, SET ONE, TO GOLDEN PACIFIC BANK, N.A.WEBB LEGAL GROUP
mery Street, Suite 1200
a
&
=
I, JENNIFER D. SU, declare:
L. Iam an attorney at law duly licensed to practice in all the courts of the State of
California. Tam one of the attorneys for Defendant and Cross-Complainant BillFloat, Inc.
(“BillFloat”) and Defendants Ryan Gilbert, and Sean O’Malley. The statements in this
Declaration are made on the basis of my own personal knowledge, and I could, and would,
competently testify thereto if called upon to do so.
2. Our office has received 21,555 pages of documents produced by Golden Pacific
Bank, N.A. (“GPB”) in connection with the above captioned matter. The last date that we
received any documents from GPB was on June 29, 2016.
3. As of today, BillFloat has produced 75.444 pages of de-duplicated documents.
4. I reviewed the documents GPB produced and compared them to the inspection
demands propounded by BillFloat. My analysis demonstrates that GPB has not complied with its
discovery obligations in several critical respects.
3. To the best of my knowledge, GPB has definitely not produced any documents
responsive to the following inspection demands: 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 30, 39, 40,
43, 44, 50, 51, 52, 53, 87, 89, 91, 93, 95, 102, 103, 109, 110, 111, 112, and 113.
6. In addition, I was unable to locate any documents responsive to the following
inspection demands: 7, 8, 10, 31, 32, 33, 34, 38. 45, 47, 49, 62, 104, 105, and 106. If documents
were produced, I was unable to readily locate them.
7. GPB has produced some documents in response to the following requests but has
produced less than 25 internal e-mails: 1, 2, 3, 4, 5, 12, 14, 26, 27, 28, 29, 55, 56, 59, 63, 64, 65,
66, 67, 68, 69, 70, 71, 76, 80, 82, 83, 84, 92, and 99.
8. With respect to inspection demands numbers 41 and 42, GPB only produced some
documents regarding underwriting standards, but GPB continues to withhold all other documents,
including internal correspondence.
9. With respect to inspection demand number 56, GPB only produced drafts of
license agreements, but GPB continues to withhold all other documents, including internal
correspondence. If other documents were produced, I was unable to readily locate them.
10. In addition, I reviewed BillFloat’s meet and confer letter and the supplemental
responses provided by GPB. I prepared a spreadsheet identifying each request that was contained
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SUPPLEMENTAL DECLARATION OF JENNIFER D. SU IN SUPPORT OF DEFENDANT AND CROSS-COMPLAINANT
BILLFLOAT, INC.'S MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE, SPECIAL
INTERROGATORIES, SET ONE, AND DEMANDS FOR INSPECTION, SET ONE, TO GOLDEN PACIFIC BANK, N.A.WEBB LEGAL GROUP
Suite 1200
San Francisco, CA 94104
155 Montgomery Street,
(415) 277-7200
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in the meet and confer letter and listed which responses were supplemented and further, subject to
this motion to compel. A true and correct copy of this spreadsheet is attached hereto as Exhibit
A.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that if called as a witness, I could competently testify to the
same.
Executed this on Wednesday, September 28, 2016, at San Francisco, California.
4
JENNIFER
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SUPPLEMENTAL DECLARATION OF JENNIFER D. SU IN SUPPORT OF DEFENDANT AND CROSS-COMPLAINANT
BILLFLOAT, INC.'S MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE, SPECIAL
INTERROGATORIES, SET ONE, AND DEMANDS FOR INSPECTION, SET ONE, TO GOLDEN PACIFIC BANK, N.A.EXHIBIT ANumber | Supplemented? | MTC?
Inspection Demands
Y
Y
Y
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Y
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Y
Y
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Y
Y
GPB says it has found responsive
documents but will only provide them
after BillFloat agrees to limit scope of
request
1of4Number
Supplemented?
MTC?
Notes
4s
~<
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$1
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~<|<|~<|<|<|«<|<|<]<
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~<
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GPB says it has found responsive
documents but will only provide them
after BillFloat agrees to limit scope of
request
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GPB says it has found responsive
documents but will only provide them
after BillFloat agrees to limit scope of
request
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GPB says it has found responsive
documents but will only provide them
after BillFloat agrees to limit scope of
request
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2 0f 4Number | Supplemented? | MTC? Notes
89 Y Y _|GPB says it has found responsive
documents but will only provide them
after BillFloat agrees to limit scope of
request
91 Y Y |GPB says it has found responsive
documents but will only provide them
after BillFloat agrees to limit scope of
request
92 Y
93 Y Y _|GPB says it has found responsive
documents but will only provide them
after BillFloat agrees to limit scope of
request
95 Y Y _|GPB says it has found responsive
documents but will only provide them
after BillFloat agrees to limit scope of
request
99 Y
101 Y
102 Y
103 Y
104 Y Y {Said will produce all documents that
"consitute," but none other; it does
not appear that documents have
been produced
105 Y Y {Said will produce all documents that
consitute the notice of default; but
none other
106 Y Y {Said will produce all documents that
consitute or refer; it does not appear
that documents have been produced
109 Y
110 Y
111 Y
112 Y
113 Y
Form interrogatories
3.1 Y
3.7 Y
8.8 Y Y
3 0f 4Number | Supplemented? | MTC?
9.1 Y Y
9.2 Y Y
12.2 Y Y
12.6 Y
Requests for Admission
11 Y
Special Interrogatories
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WEBB LEGAL GROUP treet, Suite 1200 s CA 94104 277-7200 155 Montgomer: 10 11 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 WILLIAM T. WEBB #193832 JENNIFER D. SU #291603 155 Montgomery Street, Suite 1200 San Francisco, CA 94104 (415) 277-7200 (415) 277-7210 (fax) Attorneys for BILLFLOAT, INC., RYAN GILBERT AND SEAN O’MALLEY ELECTRONICALLY FILED Superior Court of Caltfornta, County of San Francisco 09/28/2016 Clerk of the Court BY:MADONNA CARANTO Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA. IN AND FOR THE COUNTY OF SAN FRANCISCO (Unlimited Jurisdiction) GOLDEN PACIFIC BANK,N.A., Plaintiff, v. BILLFLOAT, INC., RYAN GILBERT, SEAN O'MALLEY, DOES 1-50, Defendants. BILLFLOAT, INC. Cross-Complainant, v. GOLDEN PACIFIC BANK, N.A., and ROES 1-50, Cross-Defendants. } Case No.: CGC-16-549804 } DISCOVERY ) ) SUPPLEMENTAL DECLARATION OF } JENNIFER D. SU IN SUPPORT OF ) DEFENDANT AND CROSS- ) COMPLAINANT BILLFLOAT, INC.’S 3 MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE, SPECIAL INTERROGATORIES, SET ONE, AND DEMANDS FOR INSPECTION, SET ONE, TO GOLDEN PACIFIC BANK, N.A. Time: 9:00 a.m. ) ) ) ) ) ) ) ) } Date: October 5, 2016 ) ; Dept: 302 ) ) ) ) ) ) SUPPLEMENTAL DECLARATION OF JENNIFER D. SU IN SUPPORT OF DEFENDANT AND CROSS-COMPLAINANT BILLFLOAT, INC.'S MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE, SPECIAL INTERROGATORIES, SET ONE, AND DEMANDS FOR INSPECTION, SET ONE, TO GOLDEN PACIFIC BANK, N.A.WEBB LEGAL GROUP mery Street, Suite 1200 a & = I, JENNIFER D. SU, declare: L. Iam an attorney at law duly licensed to practice in all the courts of the State of California. Tam one of the attorneys for Defendant and Cross-Complainant BillFloat, Inc. (“BillFloat”) and Defendants Ryan Gilbert, and Sean O’Malley. The statements in this Declaration are made on the basis of my own personal knowledge, and I could, and would, competently testify thereto if called upon to do so. 2. Our office has received 21,555 pages of documents produced by Golden Pacific Bank, N.A. (“GPB”) in connection with the above captioned matter. The last date that we received any documents from GPB was on June 29, 2016. 3. As of today, BillFloat has produced 75.444 pages of de-duplicated documents. 4. I reviewed the documents GPB produced and compared them to the inspection demands propounded by BillFloat. My analysis demonstrates that GPB has not complied with its discovery obligations in several critical respects. 3. To the best of my knowledge, GPB has definitely not produced any documents responsive to the following inspection demands: 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 30, 39, 40, 43, 44, 50, 51, 52, 53, 87, 89, 91, 93, 95, 102, 103, 109, 110, 111, 112, and 113. 6. In addition, I was unable to locate any documents responsive to the following inspection demands: 7, 8, 10, 31, 32, 33, 34, 38. 45, 47, 49, 62, 104, 105, and 106. If documents were produced, I was unable to readily locate them. 7. GPB has produced some documents in response to the following requests but has produced less than 25 internal e-mails: 1, 2, 3, 4, 5, 12, 14, 26, 27, 28, 29, 55, 56, 59, 63, 64, 65, 66, 67, 68, 69, 70, 71, 76, 80, 82, 83, 84, 92, and 99. 8. With respect to inspection demands numbers 41 and 42, GPB only produced some documents regarding underwriting standards, but GPB continues to withhold all other documents, including internal correspondence. 9. With respect to inspection demand number 56, GPB only produced drafts of license agreements, but GPB continues to withhold all other documents, including internal correspondence. If other documents were produced, I was unable to readily locate them. 10. In addition, I reviewed BillFloat’s meet and confer letter and the supplemental responses provided by GPB. I prepared a spreadsheet identifying each request that was contained 1 SUPPLEMENTAL DECLARATION OF JENNIFER D. SU IN SUPPORT OF DEFENDANT AND CROSS-COMPLAINANT BILLFLOAT, INC.'S MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE, SPECIAL INTERROGATORIES, SET ONE, AND DEMANDS FOR INSPECTION, SET ONE, TO GOLDEN PACIFIC BANK, N.A.WEBB LEGAL GROUP Suite 1200 San Francisco, CA 94104 155 Montgomery Street, (415) 277-7200 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 in the meet and confer letter and listed which responses were supplemented and further, subject to this motion to compel. A true and correct copy of this spreadsheet is attached hereto as Exhibit A. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that if called as a witness, I could competently testify to the same. Executed this on Wednesday, September 28, 2016, at San Francisco, California. 4 JENNIFER 2 SUPPLEMENTAL DECLARATION OF JENNIFER D. SU IN SUPPORT OF DEFENDANT AND CROSS-COMPLAINANT BILLFLOAT, INC.'S MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE, SPECIAL INTERROGATORIES, SET ONE, AND DEMANDS FOR INSPECTION, SET ONE, TO GOLDEN PACIFIC BANK, N.A.EXHIBIT ANumber | Supplemented? | MTC? Inspection Demands Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y GPB says it has found responsive documents but will only provide them after BillFloat agrees to limit scope of request 1of4Number Supplemented? MTC? Notes 4s ~< 47 49 50 $1 52 53 55 56 59 ~<|<|~<|<|<|«<|<|<]< 60 62 63 64 65 66 67 68 69 70 71 ~<|<|<|<|<«|<«<|«|<|<|< 74 76 ~< 80 < 82 GPB says it has found responsive documents but will only provide them after BillFloat agrees to limit scope of request 83 84 GPB says it has found responsive documents but will only provide them after BillFloat agrees to limit scope of request 87 GPB says it has found responsive documents but will only provide them after BillFloat agrees to limit scope of request 88 2 0f 4Number | Supplemented? | MTC? Notes 89 Y Y _|GPB says it has found responsive documents but will only provide them after BillFloat agrees to limit scope of request 91 Y Y |GPB says it has found responsive documents but will only provide them after BillFloat agrees to limit scope of request 92 Y 93 Y Y _|GPB says it has found responsive documents but will only provide them after BillFloat agrees to limit scope of request 95 Y Y _|GPB says it has found responsive documents but will only provide them after BillFloat agrees to limit scope of request 99 Y 101 Y 102 Y 103 Y 104 Y Y {Said will produce all documents that "consitute," but none other; it does not appear that documents have been produced 105 Y Y {Said will produce all documents that consitute the notice of default; but none other 106 Y Y {Said will produce all documents that consitute or refer; it does not appear that documents have been produced 109 Y 110 Y 111 Y 112 Y 113 Y Form interrogatories 3.1 Y 3.7 Y 8.8 Y Y 3 0f 4Number | Supplemented? | MTC? 9.1 Y Y 9.2 Y Y 12.2 Y Y 12.6 Y Requests for Admission 11 Y Special Interrogatories 14 15 16 17 23 27 31 35 39 43 50 54 60 68 72 77 Y Y Y Y Y Y Y Y Y Y Y Y Y Y 4o0f4