Motion-Secondary: GOLDEN PACIFIC BANK, N.A. VS. BILLFLOAT, INC. ET AL

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                                WEBB LEGAL GROUP
(415) 277-7200

155 Montgomery Street, Suite 1200
San Francisco, CA 94104

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WILLIAM T. WEBB #193832

JENNIFER D. YU #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

Superfor Court of Caltfornia,
County of San Francisco

04/29/2016

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
GOLDEN PACIFIC BANK, N.A.,
Plaintiff,
Vv.

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.

 

Jurisdiction)

} Case No.: CGC-16-549804

} DECLARATION OF ANUJ PUSHKANA
) IN SUPPORT OF OPPOSITION TO
MOTION TO CHANGE VENUE

Date: May 11,2016
Time: 9:30 a.m.
Dept: 302

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DECLARATION OF ANUJ PUSHKANA IN SUPPORT OF OPPOSITION MOTION TO CHANGE VENUE,y Street, Suite 1200
277-7200

sco, CA 94104

   

WEBB LEGAL GROUP

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I, ANUJ PUSHKANA, declare:

1. ‘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.

De From January 7, 2013 to September 28, 2015, I was employed by BillFloat, Inc.
(“Better Finance” or the “Company”). My title was Systems Administrator. I am no longer
employed by Better Finance in any capacity.

3. As Systems Administrator, I managed and maintained hosting services for the
company’s online lending marketplace and supporting software. I understand that this
information is relevant to this lawsuit because both Better Finance and Golden Pacific Bank have
claims relating to Better Finance’s hosting services.

4. To my knowledge, Sean Kelly and Doug Reed also have personal knowledge of
the facts identified in Paragraph 3.

5. I have not been deposed regarding the facts of this case. If I were called to testify
at either a deposition or at trial in Sacramento County, it would significantly inconvenience me
because of the time and expense I would incur in traveling to and from Sacramento County.

6. I currently reside in San Francisco, California and work full time in San Francisco,
California. Sacramento County is approximately 90 miles from my home and 87 miles from my
work place. As such, traveling would require a minimum of 2.5 hours of travel time one-way, or
5 hours round trip. Additionally, if called to testify in the morning, I would need to find lodging
locally for the night before. This would require additional time and expense. Moreover,
spending prolonged periods such as these away from my home would be inconvenient because I
work fuil time for a different company, and would be required to take time off, affecting
productivity of my team and business overall. By contrast, if I am called as a witness and asked
to testify in San Francisco County, my commute would only be approximately 0.5 hours one-way,
or | hour round trip. As such, it would be far more convenient for me to testify in San Francisco
County. The additional travel time required of me in order to testify in Sacramento County would
cause a significant burden because it would require me to leave work for an additional 6-8 hours
when J am unable to take the time off.

1 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.

1

DECLARATION OF ANUJ PUSHKANA IN SUPPORT OF OPPOSITION TO MOTION TO CHANGE VENUE1 Executed this on April 27, 2016, at San Francisco, California.

  

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DECLARATION OF ANUJ PUSHKANA IN SUPPORT OF OPPOSITION TO MOTION TO CHANGE VENUE,