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WEBB LEGAL GROUP
155 Montgomery Street, Suite 1200
San Francisco, CA 94104
(415) 277-7200
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 California,
County of San Francisco
03/22/2016
Clerk of the Court
BY:ROMY RISK
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
; DECLARATION OF JENNIFER D. YU IN
) SUPPORT OF EX PARTE APPLICATION
) FOR AN ORDER SHORTENING TIME
} TO HAVE HEARD PLAINTIFF’S
) MOTION TO QUASH PMQ DEPOSITION
) NOTICES; AND FOR PROTECTIVE
ORDER
Date: March 23, 2016
Time: 11:00 a.m.
Dept: 302
DECLARATION OF JENNIFER D. YU IN SUPPORT OF EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO
HAVE HEARD PLAINTIFF'S MOTION TO QUASH PMQ DEPOSITION NOTICES; AND FOR PROTECTIVE ORDERWEBB LEGAL GROUP
195 Montgomery Str
(415) 277-7200
San Francisco,
I, JENNIFER D. YU, declare:
1. Iam an attorney at law duly licensed to practice in all the courts of the State of
California. I am the attorney for Defendant and Cross-Complainant BillFloat, Inc. (“Better
Finance”) 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. On March 7, 2016, I sent an e-mail to Christopher Onstott (“Mr. Onstott”), counsel
for Golden Pacific Bank, N.A., stating in part, “Attached please find our first set of deposition
notices in this matter. Obviously, we selected the dates without consulting your calendar. If these
dates are not convenient, and you need to request a reasonable continuance of the dates of the
depositions to accommodate calendars, please propose dates, and once we have agreed upon new
dates certain, we will be happy to issue amended notices to agreed-upon dates.” In addition, I
enclosed six person most qualified deposition notices. A true and correct copy of my March 7,
2016 e-mail is attached hereto as Exhibit A.
3. On March 10, 2016, [ had a brief conversation with Mr. Onstott on the telephone.
Mr. Onstott called in hope of speaking with William Webb to discuss the person most qualified
notices. I informed Mr. Onstott that Mr. Webb was traveling that day, but I would pass along a
message. Mr. Onstott stated that he would also be sending Mr. Webb a follow up e-mail.
4, On March 15, 2016, Mr. Onstott called my office again looking for Mr. Webb who
was still traveling. Mr. Onstott requested that Mr. Webb send a written response by that night or
the following morning at the latest.
5. On March 16, 016 at 9:59 a.m.,I sent an e-mail to Mr. Onstott enclosing a copy of
correspondence on behalf of William Webb. A true and correct coy of my March 16, 2016 e-mail
is attached hereto as Exhibit B.
6. On March 21, 2016, at approximately 9:22 a.m., I sent a letter via e-mail to Mr.
Onstott, notifying him of Better Finance’s Ex Parte Application for an Order Shortening Time to
Have Heard Plaintiff’s Motion to Quash PMQ Deposition Notices; and for Protective Order to be
heard on March 22, 2016 at 11:00 a.m. in Department 302 of this Court. A true and correct copy
my e-mail and letter is attached hereto as Exhibits C and D.
7. Later that morning, Errol Dauis telephoned me to request that the ex parte
appearance be postponed until Wednesday, March 22, 2016 because Mr. Onstott is currently out
of town. I sent an e-mail confirmation and also a subsequent e-mail whereby I notified counsel
1
DECLARATION OF JENNIFER D. YU IN SUPPORT OF EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO
HAVE HEARD PLAINTIFF'S MOTION TO QUASH PMQ DEPOSITION NOTICES; AND FOR PROTECTIVE ORDERWEBB LEGAL GROUP
155 Montgomery Street, Suite 1200
San Francisco, CA 94104
277-7200
that the relief sought by Better Finance is to have Plaintiffs Motion to Quash PMQ Deposition
Notices and for Protective Order on Friday, March 25, 2016. A true and correct copy of the two
e-mails is attached hereto as Exhibit E.
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 Tuesday, March 22, 2016, at San Francisco, California.
JENNIFER fy. YU
2
DECLARATION OF JENNIFER D. YU IN SUPPORT OF EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO
HAVE HEARD PLAINTIFF'S MOTION TO QUASH PMQ DEPOSITION NOTICES; AND FOR PROTECTIVE ORDEREXHIBIT A: Jennifer Yu jyu@v
: GPB v. BillFloat, et al.
>: March 7, 2016 at 3:45 PM
: Robert Lockwood RLockwo
Bao Xiong b
Ce: William Webb wwebi@
gaigroup
com, Bruce A. Scheidt b:
Peter Isola Pisola@hinshaw
Cc
is Onstott
‘oup.com
hris
Dear Mr. Onstott:
Attached please find our first set of deposition notices in this matter. Obviously, we selected the dates without consulting your calendar. If
these dates are not convenient, and you need to request a reasonable continuance of the dates of the depositions to accommodate calendars,
please propose dates, and once we have agreed upon new dates certain, we will be happy to issue amended notices to agreed-upon dates.
Thank you!
Best regards,
Jennifer
PMQ Notice 1 (Key
Agreement...mmary).pdf
Proof of Service
PMQ. pdf
PMQ Notice 2 (License
Agreement).paf
PMQ Notice 3 (Joint
Marketing A. ..ement).pdf
PMQ Notice 4 (Amended
Joint Marke...ement) pdt
Wess LEGAL GROUP
Jennifer Yu
155 Montgomery Street, Suite 1200
San Francisco, CA 94104
(415) 277-7200
(415) 277-7210 (fax)
InAMahblacaleraiin nomJy vente
www.webble:
Please consider the environment before printing this e-mail.
NOTICE: This e-mail and any attachments to it may be privileged, confidential or contain trade secret information. If
this e-mail was sent to you in error, please notify me immediately by either reply e-mail or by phone at 415-277-7200,
and please do not use, disseminate, retain, print or copy the e-mail or its attachment. You will be reimbursed for any
reasonable expenses associated with destroying this e-mail and its attachments.
IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that
any tax advice contained in this communication (including any attachments) was not intended or written to be used,
and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or
applicable state or local tax law provisions, or (ii) promoting, marketing or recommending to another party any matters.
addressed herein.EXHIBIT BFrom: Jennifer Yu jyu@webblegalgroup.com &
Bruce A. Scheidt
William Webb ww
RLockwood@
m, Bao Xiong bx
p.com, Peter Isola
@kmtg.com, Chris Onstott constott@kmig.com
hawlaw Robert Lockwood
webb
awlaw.com
Dear Mr. Onstott,
On behalf of Mr. Webb, please see the attached correspondence of today's date.
Best regards,
Jennifer
2016.03.16 Ltr to
OPC. pat
Wees LEGAL GROUP
Jennifer Yu
155 Montgomery Street, Suite 1200
San Francisco, CA 94104
(415) 277-7200
(415) 277-7210 (fax)
jyu@webblegalgroup.com
webblegaigro
Please consider the environment before printing this e-mail.
NOTICE: This e-mail and any attachments to it may be privileged, confidential or contain trade secret information. If
this e-mail was sent to you in error, please notify me immediately by either reply e-mail or by phone at 415-277-7200,
and please do not use, disseminate, retain, print or copy the e-mail or its attachment. You will be reimbursed for any
reasonable expenses associated with destroying this e-mail and its attachments.
IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that
any tax advice contained in this communication (including any attachments) was not intended or written to be used,
and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, orEXHIBIT CJennifer Yu G March 21, 2016 9:22 AM
To: "Bruce A. Scheidt" , Bao Xiong , Chris Onstott
Ce: William Webb , Peter Isola , Robert Lockwood
GPB v. BillFloat, Inc., et al.
2 Attachments, 102 KB
Dear Mr. Onstott:
Please see the attached correspondence of today's date.
Best regards,
Jennifer
155 Montgomery Street, Suite 1200,
San Francisco, CA 94104
(418) 277-7200
(418) 277-7210 (lax)
‘www. webblegalgroup.com
Wess Lease Canur
March 21, 2016
Christopher Onstott, Esq
Kronick Moskovitz Tiedemann & Girard
400 Capitol Mall, 27" Floor
Sacramento, CA 95814
Via E-Mail (constott@kmtg.com)
Inte: Golden Pacific Bank, N.A. v. BillFloat, Inc. et al.; BillFloat, Inc. v.
Varela, etal.
Dear Mr. Onstott:
Please take notice that BillFloat, Ine. in the above captioned matter intends to appear ex
parte to apply for an order shortening time to have heard Plaintiff's Motion to Quash
PMQ Notices and for Protective Order in Department 302 of the San Francisco Superior
Court located at 400 McAllister Street, San Francisco, California 94104 on Tuesday,
March 22, 2016 at 11:00 a.m, The Application papers are to follow later this afternoon.
Very truly yours,
ec: fan Gilbert
Sean O’Malley
Robert V. Hale, Esq.
Neil Peretz, Esq.
Peter Isola, Esq.Wees LEGAL GROUP
Jennifer Yu
155 Montgomery Street, Suite 1200
San Francisco, CA 94104
(415) 277-7200
(41) 277-7210 (fax)
Please consider the environment before printing this e-mail.
NOTICE: This e-mail and any attachments to it may be privileged, confidential or contain trade secret information. If this e-mail was sent to
you in error, please notify me immediately by either reply e-mail or by phone at 415-277-7200, and please do not use, disseminate, retain,
print or copy the e-mail or its attachment. You will be reimbursed for any reasonable expenses associated with destroying this e-mail and its
attachments.
IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice
contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i)
avoiding tax-related penalties under the Internal Revenue Code, or applicable state or local tax law provisions, or (ii) promoting, marketing or
recommending to another party any matters addressed herein.EXHIBIT D155 Montgomery Street, Suite 1200
\ l San Francisco, CA 94104
(415) 277-7200
Wene Lecat Grour (415) 277-7210 (fax)
www.webblegalgroup.com
March 21, 2016
Christopher Onstott, Esq.
Kronick Moskovitz Tiedemann & Girard
400 Capitol Mall, 27" Floor
Sacramento, CA 95814
Via E-Mail (constott@kmtg.com)
Inre: Golden Pacific Bank, N.A. v. BillFloat, Inc. et al.; BillFloat, Inc. v.
Varela, et al.
Dear Mr. Onstott:
Please take notice that BillFloat, Inc. in the above captioned matter intends to appear ex
parte to apply for an order shortening time to have heard Plaintiff's Motion to Quash
PMQ Notices and for Protective Order in Department 302 of the San Francisco Superior
Court located at 400 McAllister Street, San Francisco, California 94104 on Tuesday,
March 22, 2016 at 11:00 a.m. The Application papers are to follow later this afternoon.
Very truly yours,
Sean O’Malley
Robert V. Hale, Esq.
Neil Peretz, Esq.
Peter Isola, Esq.EXHIBIT EJennifer Yu Y March 21
To: "Bruce A. Scheidt" , Bao Xiong , Chris Onstott , "Errol C.
Dauis"
Co: William Webb , Peter Isola , Robert Lockwood
Re: GPB v. BillFloat, Inc., et al.
2016 10:30 AM
1 Attachment, 12 KB
Additionally, as mentioned in my telephone conversation with Mr. Darius, we intend to provide the ex parte papers prior to the hearing, no later
than Tuesday afternoon, However, so that there is no surprise, the relief that we our seeking is to have Plaintiff's motion heard on Friday,
March 25.
Wess LEGAL GROUP
Jennifer Yu
155 Montgomery Street, Suite 1200
San Francisco, CA 94104
(415) 277-7200
(418) 277-7210 (fax)
Please consider the environment before printing this e-mail.
NOTICE: This e-mail and any attachments to it may be privileged, confidential or contain trade secret information. If this e-mail was sent to
you in error, please notify me immediately by either reply e-mail or by phone at 415-277-7200, and please do not use, disseminate, retain,
print or copy the e-mail or its attachment. You will be reimbursed for any reasonable expenses associated with destroying this e-mail and its
attachments.
IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice
contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i)
avoiding tax-related penalties under the Internal Revenue Code, or applicable state or local tax law provisions, or (ii) promoting, marketing or
recommending to another party any matters addressed herein.
On Mar 21, 2016, at 10:27 AM, Jennifer Yu wrote:
Dear Counsel.
This e-mail shall confirm my telephone conversation with Mr. Dauis. It is our understanding that Mr, Onstott is currently out of town and
unavailable to appear at the ex parte hearing tomorrow morning as previously noticed. As such, the parties agree to have the ex parte
application for an order shortening time to have heard plaintiff's motion to quash PMQ notices and for protective order heard on Wednesday,
March 23 at 11:00 a.m. in Department 302 of the San Francisco Superior Court located at 400 McAlister Street, San Francisco, California
94102. If any of the aforementioned is incorrect, please notify us immediately
Best regards,
Jennifer
Jennifer Yu155 Montgomery Street, Suite 1200
San Francisco, CA 94104
(415) 277-7200
(415) 277-7210 (fax)
jywu@
www. webbl
Please consider the environment before printing this e-mail
NOTICE: This e-mail and any attachments to it may be privileged, confidential or contain trade secret information. If this e-mail was sent to
you in error, please notify me immediately by either reply e-mail or by phone at 415-277-7200, and please do not use, disseminate, retain,
print or copy the e-mail or its attachment. You will be reimbursed for any reasonable expenses associated with destroying this e-mail and its
attachments.
IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice
contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of
(i) avoiding tax-related penalties under the Internal Revenue Code, or applicable state or local tax law provisions, or (ii) promoting,
marketing or recommending to another party any matters addressed herein.
On Mar 21, 2016, at 9:22 AM, Jennifer Yu wrote:
Dear Mr. Onstott
Please see the attached correspondence of today's date.
Best regards,
Jennifer
<2016.03.21 Ltr to Onstott.pdf>
screen Shot 2013-04-06 at 9.22.25 AM.png>
Jennifer Yu
155 Montgomery Street, Suite 1200
San Francisco, CA 94104
(415) 277-7200
(415) 277-7210 (fax)
Please consider the environment before printing this e-mail
NOTICE: This e-mail and any attachments to it may be privileged, confidential or contain trade secret information. If this e-mail was sent to
you in error, please notify me immediately by either reply e-mail or by phone at 415-277-7200, and please do not use, disseminate, retain,
print or copy the e-mail or its attachment. You will be reimbursed for any reasonable expenses associated with destroying this e-mail and
its attachments.
IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice
contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose
of (i) avoiding tax-related penalties under the Internal Revenue Code, or applicable state or local tax law provisions, or (ii) promoting,
marketing or recommending to another party any matters addressed herein
Preview
WEBB LEGAL GROUP 155 Montgomery Street, Suite 1200 San Francisco, CA 94104 (415) 277-7200 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 California, County of San Francisco 03/22/2016 Clerk of the Court BY:ROMY RISK 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 ; DECLARATION OF JENNIFER D. YU IN ) SUPPORT OF EX PARTE APPLICATION ) FOR AN ORDER SHORTENING TIME } TO HAVE HEARD PLAINTIFF’S ) MOTION TO QUASH PMQ DEPOSITION ) NOTICES; AND FOR PROTECTIVE ORDER Date: March 23, 2016 Time: 11:00 a.m. Dept: 302 DECLARATION OF JENNIFER D. YU IN SUPPORT OF EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO HAVE HEARD PLAINTIFF'S MOTION TO QUASH PMQ DEPOSITION NOTICES; AND FOR PROTECTIVE ORDERWEBB LEGAL GROUP 195 Montgomery Str (415) 277-7200 San Francisco, I, JENNIFER D. YU, declare: 1. Iam an attorney at law duly licensed to practice in all the courts of the State of California. I am the attorney for Defendant and Cross-Complainant BillFloat, Inc. (“Better Finance”) 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. On March 7, 2016, I sent an e-mail to Christopher Onstott (“Mr. Onstott”), counsel for Golden Pacific Bank, N.A., stating in part, “Attached please find our first set of deposition notices in this matter. Obviously, we selected the dates without consulting your calendar. If these dates are not convenient, and you need to request a reasonable continuance of the dates of the depositions to accommodate calendars, please propose dates, and once we have agreed upon new dates certain, we will be happy to issue amended notices to agreed-upon dates.” In addition, I enclosed six person most qualified deposition notices. A true and correct copy of my March 7, 2016 e-mail is attached hereto as Exhibit A. 3. On March 10, 2016, [ had a brief conversation with Mr. Onstott on the telephone. Mr. Onstott called in hope of speaking with William Webb to discuss the person most qualified notices. I informed Mr. Onstott that Mr. Webb was traveling that day, but I would pass along a message. Mr. Onstott stated that he would also be sending Mr. Webb a follow up e-mail. 4, On March 15, 2016, Mr. Onstott called my office again looking for Mr. Webb who was still traveling. Mr. Onstott requested that Mr. Webb send a written response by that night or the following morning at the latest. 5. On March 16, 016 at 9:59 a.m.,I sent an e-mail to Mr. Onstott enclosing a copy of correspondence on behalf of William Webb. A true and correct coy of my March 16, 2016 e-mail is attached hereto as Exhibit B. 6. On March 21, 2016, at approximately 9:22 a.m., I sent a letter via e-mail to Mr. Onstott, notifying him of Better Finance’s Ex Parte Application for an Order Shortening Time to Have Heard Plaintiff’s Motion to Quash PMQ Deposition Notices; and for Protective Order to be heard on March 22, 2016 at 11:00 a.m. in Department 302 of this Court. A true and correct copy my e-mail and letter is attached hereto as Exhibits C and D. 7. Later that morning, Errol Dauis telephoned me to request that the ex parte appearance be postponed until Wednesday, March 22, 2016 because Mr. Onstott is currently out of town. I sent an e-mail confirmation and also a subsequent e-mail whereby I notified counsel 1 DECLARATION OF JENNIFER D. YU IN SUPPORT OF EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO HAVE HEARD PLAINTIFF'S MOTION TO QUASH PMQ DEPOSITION NOTICES; AND FOR PROTECTIVE ORDERWEBB LEGAL GROUP 155 Montgomery Street, Suite 1200 San Francisco, CA 94104 277-7200 that the relief sought by Better Finance is to have Plaintiffs Motion to Quash PMQ Deposition Notices and for Protective Order on Friday, March 25, 2016. A true and correct copy of the two e-mails is attached hereto as Exhibit E. 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 Tuesday, March 22, 2016, at San Francisco, California. JENNIFER fy. YU 2 DECLARATION OF JENNIFER D. YU IN SUPPORT OF EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO HAVE HEARD PLAINTIFF'S MOTION TO QUASH PMQ DEPOSITION NOTICES; AND FOR PROTECTIVE ORDEREXHIBIT A: Jennifer Yu jyu@v : GPB v. BillFloat, et al. >: March 7, 2016 at 3:45 PM : Robert Lockwood RLockwo Bao Xiong b Ce: William Webb wwebi@ gaigroup com, Bruce A. Scheidt b: Peter Isola Pisola@hinshaw Cc is Onstott ‘oup.com hris Dear Mr. Onstott: Attached please find our first set of deposition notices in this matter. Obviously, we selected the dates without consulting your calendar. If these dates are not convenient, and you need to request a reasonable continuance of the dates of the depositions to accommodate calendars, please propose dates, and once we have agreed upon new dates certain, we will be happy to issue amended notices to agreed-upon dates. Thank you! Best regards, Jennifer PMQ Notice 1 (Key Agreement...mmary).pdf Proof of Service PMQ. pdf PMQ Notice 2 (License Agreement).paf PMQ Notice 3 (Joint Marketing A. ..ement).pdf PMQ Notice 4 (Amended Joint Marke...ement) pdt Wess LEGAL GROUP Jennifer Yu 155 Montgomery Street, Suite 1200 San Francisco, CA 94104 (415) 277-7200 (415) 277-7210 (fax) InAMahblacaleraiin nomJy vente www.webble: Please consider the environment before printing this e-mail. NOTICE: This e-mail and any attachments to it may be privileged, confidential or contain trade secret information. If this e-mail was sent to you in error, please notify me immediately by either reply e-mail or by phone at 415-277-7200, and please do not use, disseminate, retain, print or copy the e-mail or its attachment. You will be reimbursed for any reasonable expenses associated with destroying this e-mail and its attachments. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or applicable state or local tax law provisions, or (ii) promoting, marketing or recommending to another party any matters. addressed herein.EXHIBIT BFrom: Jennifer Yu jyu@webblegalgroup.com & Bruce A. Scheidt William Webb ww RLockwood@ m, Bao Xiong bx p.com, Peter Isola @kmtg.com, Chris Onstott constott@kmig.com hawlaw Robert Lockwood webb awlaw.com Dear Mr. Onstott, On behalf of Mr. Webb, please see the attached correspondence of today's date. Best regards, Jennifer 2016.03.16 Ltr to OPC. pat Wees LEGAL GROUP Jennifer Yu 155 Montgomery Street, Suite 1200 San Francisco, CA 94104 (415) 277-7200 (415) 277-7210 (fax) jyu@webblegalgroup.com webblegaigro Please consider the environment before printing this e-mail. NOTICE: This e-mail and any attachments to it may be privileged, confidential or contain trade secret information. If this e-mail was sent to you in error, please notify me immediately by either reply e-mail or by phone at 415-277-7200, and please do not use, disseminate, retain, print or copy the e-mail or its attachment. You will be reimbursed for any reasonable expenses associated with destroying this e-mail and its attachments. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, orEXHIBIT CJennifer Yu G March 21, 2016 9:22 AM To: "Bruce A. Scheidt" , Bao Xiong , Chris Onstott Ce: William Webb , Peter Isola , Robert Lockwood GPB v. BillFloat, Inc., et al. 2 Attachments, 102 KB Dear Mr. Onstott: Please see the attached correspondence of today's date. Best regards, Jennifer 155 Montgomery Street, Suite 1200, San Francisco, CA 94104 (418) 277-7200 (418) 277-7210 (lax) ‘www. webblegalgroup.com Wess Lease Canur March 21, 2016 Christopher Onstott, Esq Kronick Moskovitz Tiedemann & Girard 400 Capitol Mall, 27" Floor Sacramento, CA 95814 Via E-Mail (constott@kmtg.com) Inte: Golden Pacific Bank, N.A. v. BillFloat, Inc. et al.; BillFloat, Inc. v. Varela, etal. Dear Mr. Onstott: Please take notice that BillFloat, Ine. in the above captioned matter intends to appear ex parte to apply for an order shortening time to have heard Plaintiff's Motion to Quash PMQ Notices and for Protective Order in Department 302 of the San Francisco Superior Court located at 400 McAllister Street, San Francisco, California 94104 on Tuesday, March 22, 2016 at 11:00 a.m, The Application papers are to follow later this afternoon. Very truly yours, ec: fan Gilbert Sean O’Malley Robert V. Hale, Esq. Neil Peretz, Esq. Peter Isola, Esq.Wees LEGAL GROUP Jennifer Yu 155 Montgomery Street, Suite 1200 San Francisco, CA 94104 (415) 277-7200 (41) 277-7210 (fax) Please consider the environment before printing this e-mail. NOTICE: This e-mail and any attachments to it may be privileged, confidential or contain trade secret information. If this e-mail was sent to you in error, please notify me immediately by either reply e-mail or by phone at 415-277-7200, and please do not use, disseminate, retain, print or copy the e-mail or its attachment. You will be reimbursed for any reasonable expenses associated with destroying this e-mail and its attachments. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or applicable state or local tax law provisions, or (ii) promoting, marketing or recommending to another party any matters addressed herein.EXHIBIT D155 Montgomery Street, Suite 1200 \ l San Francisco, CA 94104 (415) 277-7200 Wene Lecat Grour (415) 277-7210 (fax) www.webblegalgroup.com March 21, 2016 Christopher Onstott, Esq. Kronick Moskovitz Tiedemann & Girard 400 Capitol Mall, 27" Floor Sacramento, CA 95814 Via E-Mail (constott@kmtg.com) Inre: Golden Pacific Bank, N.A. v. BillFloat, Inc. et al.; BillFloat, Inc. v. Varela, et al. Dear Mr. Onstott: Please take notice that BillFloat, Inc. in the above captioned matter intends to appear ex parte to apply for an order shortening time to have heard Plaintiff's Motion to Quash PMQ Notices and for Protective Order in Department 302 of the San Francisco Superior Court located at 400 McAllister Street, San Francisco, California 94104 on Tuesday, March 22, 2016 at 11:00 a.m. The Application papers are to follow later this afternoon. Very truly yours, Sean O’Malley Robert V. Hale, Esq. Neil Peretz, Esq. Peter Isola, Esq.EXHIBIT EJennifer Yu Y March 21 To: "Bruce A. Scheidt" , Bao Xiong , Chris Onstott , "Errol C. Dauis" Co: William Webb , Peter Isola , Robert Lockwood Re: GPB v. BillFloat, Inc., et al. 2016 10:30 AM 1 Attachment, 12 KB Additionally, as mentioned in my telephone conversation with Mr. Darius, we intend to provide the ex parte papers prior to the hearing, no later than Tuesday afternoon, However, so that there is no surprise, the relief that we our seeking is to have Plaintiff's motion heard on Friday, March 25. Wess LEGAL GROUP Jennifer Yu 155 Montgomery Street, Suite 1200 San Francisco, CA 94104 (415) 277-7200 (418) 277-7210 (fax) Please consider the environment before printing this e-mail. NOTICE: This e-mail and any attachments to it may be privileged, confidential or contain trade secret information. If this e-mail was sent to you in error, please notify me immediately by either reply e-mail or by phone at 415-277-7200, and please do not use, disseminate, retain, print or copy the e-mail or its attachment. You will be reimbursed for any reasonable expenses associated with destroying this e-mail and its attachments. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or applicable state or local tax law provisions, or (ii) promoting, marketing or recommending to another party any matters addressed herein. On Mar 21, 2016, at 10:27 AM, Jennifer Yu wrote: Dear Counsel. This e-mail shall confirm my telephone conversation with Mr. Dauis. It is our understanding that Mr, Onstott is currently out of town and unavailable to appear at the ex parte hearing tomorrow morning as previously noticed. As such, the parties agree to have the ex parte application for an order shortening time to have heard plaintiff's motion to quash PMQ notices and for protective order heard on Wednesday, March 23 at 11:00 a.m. in Department 302 of the San Francisco Superior Court located at 400 McAlister Street, San Francisco, California 94102. If any of the aforementioned is incorrect, please notify us immediately Best regards, Jennifer Jennifer Yu155 Montgomery Street, Suite 1200 San Francisco, CA 94104 (415) 277-7200 (415) 277-7210 (fax) jywu@ www. webbl Please consider the environment before printing this e-mail NOTICE: This e-mail and any attachments to it may be privileged, confidential or contain trade secret information. If this e-mail was sent to you in error, please notify me immediately by either reply e-mail or by phone at 415-277-7200, and please do not use, disseminate, retain, print or copy the e-mail or its attachment. You will be reimbursed for any reasonable expenses associated with destroying this e-mail and its attachments. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or applicable state or local tax law provisions, or (ii) promoting, marketing or recommending to another party any matters addressed herein. On Mar 21, 2016, at 9:22 AM, Jennifer Yu wrote: Dear Mr. Onstott Please see the attached correspondence of today's date. Best regards, Jennifer <2016.03.21 Ltr to Onstott.pdf> screen Shot 2013-04-06 at 9.22.25 AM.png> Jennifer Yu 155 Montgomery Street, Suite 1200 San Francisco, CA 94104 (415) 277-7200 (415) 277-7210 (fax) Please consider the environment before printing this e-mail NOTICE: This e-mail and any attachments to it may be privileged, confidential or contain trade secret information. If this e-mail was sent to you in error, please notify me immediately by either reply e-mail or by phone at 415-277-7200, and please do not use, disseminate, retain, print or copy the e-mail or its attachment. You will be reimbursed for any reasonable expenses associated with destroying this e-mail and its attachments. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or applicable state or local tax law provisions, or (ii) promoting, marketing or recommending to another party any matters addressed herein