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

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                                reel, Suite 1200

 

WEBB LEGAL GROUP

  

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WILLIAM T. WEBB #193832
JENNIFER D. YU #291603
155 Montgomery Street, Suite 1200

San Francisco, CA 94104 ELECTRONICALLY
(415) 277-7200 FILED
(415) 277-7210 (fax) Superior Court of Catfornt,
Attorneys for BILLFLOAT, INC., 04/28/2016
RYAN GILBERT AND SEAN O’MALLEY 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., } Case No.: CGC-16-549804
Plaintiff, ; DECLARATION OF MARK GOINES IN
) SUPPORT OF OPPOSITION TO
v. ; MOTION TO CHANGE VENUE
BILLFLOAT, INC., RYAN GILBERT, SEAN } Date: May 11,2016
O’MALLEY, DOES 1-50, ) Time: 9:30 a.m.
; Dept: 302
Defendants. J
)
)
}
BILLFLOAT, INC. 2
Cross-Complainant, ;
)
vy. 2
)
GOLDEN PACIFIC BANK, N.A., and ROES }
1-50, )
)
Cross-Defendants.
)

 

 

 

DECLARATION OF MARK GOINES IN SUPPORT OF OPPOSITION MOTION TO CHANGE VENUE(415) 277-7200

WEBB LEGAL GROUP

155 Montgomery Street, Suite 1200
San Francisco, CA 94104

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I, MARK GOINES, 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.

2. Tam an investor in BillFloat, Inc. (“Better Finance”) and remain a member of its
Board of Directors, which I joined on July of 2010.

3. As an investor and member of the Better Finance Board of Directors, I have
provided oversight of Better Finance’s initial investment, business relationship and subsequent
dispute with Golden Pacific Bank, I understand that this information is relevant to this lawsuit
because Golden Pacific Bank and Better Finance: (i) have differing interpretations of the meaning

of various contracts the parties entered into and (ii) are alleging breaches of such contracts.

4. To my knowledge, I am the only person with personal knowledge of the facts
identified in Paragraph 3.
5. Ihave 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 Los Altos, California and work full time in Redwood City,
California. Sacramento County is approximately 125 miles from my home and 115 miles from
my work place. As such, traveling would require a minimum of 2 % 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
have a daughter who needs to be driven to school, an obligation I undertake each week. By
contrast, if 1 am called as a witness and asked to testify in San Francisco County, my commute
would only be approximately 45 minutes one-way, or 90 minutes 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 3 1/2 hours when I am unable to take the time
off.

I declare under penaity 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 MARK GOINES IN SUPPORT OF OPPOSITION TO MOTION TO CHANGE VENUE.WEBB LEGAL GROUP
155 Montgomery Street, Suite 1200

San Francisco, CA 94104
(415) 277-7200

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Executed this on April 19,2016, at Redwood City, California.

(ARK GOIN

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DECLARATION OF MARK GOINES IN SUPPORT OF OPPOSITION TO MOTION TO CIIANGE VENUE