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

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                                WEBB LEGAL GROUP

 

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

Superior Court of Caltfornia,
County of San Francisco

04/28/2016
Clerk of the Court
BY-MAURA RAMIREZ
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.

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Case No.: CGC-16-549804

DECLARATION OF ROBIN

O’CONNELL 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 ROBIN O'CONNELL IN SUPPORT OF OPPOSITION MOTION TO CHANGE VENUEo
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1, ROBIN O'CONNELL, declare:

L. 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. From June |, 2010 to December 31, 2013, I was employed by BillFloat, Inc.
(“Better Finance” or the “Company”). My title was Vice President, Business Development. | am
no longer employed by Better Finance in any capacity.

3. As Vice President, Business Development, I was responsible for Better Finance’s
initial business development efforts, including those involving the Company’s systems and
products at the start of the relationship with Golden Pacific Bank. I understand that this.
information is relevant to this lawsuit because both Better Finance and Golden Pacific Bank have
claims relating the Better Finance’s systems and products, and the terms under which the parties
entered into contracts involving Better Finance's systems and products.

4. To my knowledge, [ am the only person with personal knowledge of the facts
identified in Paragraph 3.

5. Thave 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 Rafael, California and work full time in San Francisco,
California. Sacramento County is approximately 85 miles from my home and 90 miles from my
work place. As such, traveling would require a minimum of 2 hours of travel time one-way, or 4
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
we have three young children and my wife works so we share childcare responsibilities, By
contrast, if | am called as a witness and asked to testify in San Francisco County, my commute
would only be negligible since I work in San Francisco. 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 4 hours when I am unable to take the time off.

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,

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DECLARATION OF ROBIN O'CONNELL IN SUPPORT OF OPPOSITION 10 MOTION TO CHANGE VENT TeWEBB LEGAL GROUP

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DECLARATION OF ROBIN O'CONNELL IN SUPPORT OF OPPOSITION TO MOTION TO CHANGE VENUE