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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 FILED ~
(415) 277-7200 Superior Court of California,
(415) 277-7210 (fax) ‘County of San Francisco
Attorneys for BILLFLOAT, INC., 09/09/2016
RYAN GILBERT AND SEAN O’MALLEY Clerk of the Court
BY:VANESSA WU
Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA.
IN AND FOR THE COUNTY OF SAN FRANCISCO
(Unlimited Jurisdiction)
GOLDEN PACIFIC BANK,N.A., } Case No.: CGC-16-549804
Plaintiff, } DISCOVERY
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v. ) DECLARATION OF JENNIFER D. SU IN
} SUPPORT OF DEFENDANT AND
BILLFLOAT, INC., RYAN GILBERT, SEAN ) CROSS-COMPLAINANT BILLFLOAT,
O'MALLEY, DOES 1-50, 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.
Defendants.
BILLFLOAT, INC.
Cross-Complainant,
Date: October 5, 2016
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v. ) Time: 9:00 a.m.
) Dept: 302
GOLDEN PACIFIC BANK, N.A., and ROES ;
1-50, )
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Cross-Defendants.
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.S
3) 277-7200
& &
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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.
3. Since receiving GPB’s production, I have completed a preliminary review of the
documents. Although I have not done an in depth analysis of each an every document,.
4. GPB’s production consists largely of duplicative documents and include
documents that were either sent by or received from BillFloat employees — i.e. BillFloat already
had the documents when it propounded the discovery.
>! Most notably missing from GPB’s production are internal correspondence and
correspondence with third party regulatory agencies including but not limited to the United States
Treasury Department’s Office of the Comptroller of the Currency and the SBA. During my
initial review, I found one e-mail involving an SBA District Director in which BillFloat was
copied. With respect to internal correspondence, | have found approximately twenty-five internal
e-mails — the bulk of which were “forwards” by one employee to others within GPB of e-mails
the employee had received from someone at BillFloat, usually with little or no commentary.
Attorney’s Fees Incurred in Opposing this Motion
6. My hourly rate is $250 per hour. This rate is customary in the San Francisco Bay
Area and is actually quite competitive locally in light of her background and experience.
7. In connection with this motion to compel, I have expended 46.8 hours in
conducting the meet and confer correspondence, reviewing the motion and preparing this
opposition. Accordingly, I have incurred $11,700.00 in connection with this motion.
Additionally, I estimate that I will spend approximately 4 hours reading the opposition and
drafting the reply. As a result, I will incur an additional $1,00.00 in connection with this motion
to quash. Given these circumstances, the amount sought is commensurate with the
circumstances.
8. These charges are reasonable and necessary for the success of the claims asserted
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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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by BillFloat.
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 Friday, September 09, 2016, at San Francisco, California.
1)
JENNIFER D4
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.
Preview
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 FILED ~ (415) 277-7200 Superior Court of California, (415) 277-7210 (fax) ‘County of San Francisco Attorneys for BILLFLOAT, INC., 09/09/2016 RYAN GILBERT AND SEAN O’MALLEY Clerk of the Court BY:VANESSA WU Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA. IN AND FOR THE COUNTY OF SAN FRANCISCO (Unlimited Jurisdiction) GOLDEN PACIFIC BANK,N.A., } Case No.: CGC-16-549804 Plaintiff, } DISCOVERY ) v. ) DECLARATION OF JENNIFER D. SU IN } SUPPORT OF DEFENDANT AND BILLFLOAT, INC., RYAN GILBERT, SEAN ) CROSS-COMPLAINANT BILLFLOAT, O'MALLEY, DOES 1-50, 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. Defendants. BILLFLOAT, INC. Cross-Complainant, Date: October 5, 2016 ) ) ) ) ) ) ) ) ) v. ) Time: 9:00 a.m. ) Dept: 302 GOLDEN PACIFIC BANK, N.A., and ROES ; 1-50, ) ) ) ) ) ) Cross-Defendants. 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.S 3) 277-7200 & & = 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. 3. Since receiving GPB’s production, I have completed a preliminary review of the documents. Although I have not done an in depth analysis of each an every document,. 4. GPB’s production consists largely of duplicative documents and include documents that were either sent by or received from BillFloat employees — i.e. BillFloat already had the documents when it propounded the discovery. >! Most notably missing from GPB’s production are internal correspondence and correspondence with third party regulatory agencies including but not limited to the United States Treasury Department’s Office of the Comptroller of the Currency and the SBA. During my initial review, I found one e-mail involving an SBA District Director in which BillFloat was copied. With respect to internal correspondence, | have found approximately twenty-five internal e-mails — the bulk of which were “forwards” by one employee to others within GPB of e-mails the employee had received from someone at BillFloat, usually with little or no commentary. Attorney’s Fees Incurred in Opposing this Motion 6. My hourly rate is $250 per hour. This rate is customary in the San Francisco Bay Area and is actually quite competitive locally in light of her background and experience. 7. In connection with this motion to compel, I have expended 46.8 hours in conducting the meet and confer correspondence, reviewing the motion and preparing this opposition. Accordingly, I have incurred $11,700.00 in connection with this motion. Additionally, I estimate that I will spend approximately 4 hours reading the opposition and drafting the reply. As a result, I will incur an additional $1,00.00 in connection with this motion to quash. Given these circumstances, the amount sought is commensurate with the circumstances. 8. These charges are reasonable and necessary for the success of the claims asserted 1 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 by BillFloat. 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 Friday, September 09, 2016, at San Francisco, California. 1) JENNIFER D4 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.