Court filing
Declaration Michael R. Farrell — Elizabeth M. Byrnes, Inc. v. Fountainhead Commercial Capital, LLC (Dkt. 23-2, C.D. Cal.)
One of 8 filings in Byrnes v. Fountainhead.
No. 2:20-cv-04149-DDP-RAO · Doc. 23-2 · Docket on CourtListener
Full text
Case 2:20-cv-04149-DDP-RAO Document 23-2 Filed 08/14/20 Page 1 of 11 Page ID #:163
1 ANTHONY J. OLIVA (BAR NO. 123971)
MICHAEL R. FARRELL (BAR NO. 173831)
2 STACEY A. VILLAGOMEZ (BAR NO. 317081)
ALLEN MATKINS LECK GAMBLE
3 MALLORY & NATSIS LLP
865 South Figueroa Street, Suite 2800
4 Los Angeles, California 90017-2543
Phone: (213) 622-5555
5 Fax: (213) 620-8816
E-Mail: toliva@allenmatkins.com
6 mfarrell@allenmatkins.com
svillagomez@allenmatkins.com
7
DANIEL T. STABILE
8 SHUTTS & BOWEN LLP
200 South Biscayne Boulevard, Suite 4100
9 Miami, Florida 33131
Phone: (305) 415-9063
10 Fax: (305) 347-7714
E-mail: DStabile@shutts.com
11 Appearing Pro Hac Vice
12 Attorneys for Defendants
FOUNTAINHEAD SBF LLC and
13 FOUNTAINHEAD COMMERCIAL
CAPITAL, LLC
14
15 UNITED STATES DISTRICT COURT
16 CENTRAL DISTRICT OF CALIFORNIA
17
18 ELIZABETH M. BYRNES, INC., a Case No. 2:20-cv-04149-DDP (RAOx)
corporation, on behalf of itself and all
19 other similarly situated, DECLARATION OF MICHAEL R.
FARRELL IN SUPPORT OF
20 Plaintiff, DEFENDANTS FOUNTAINHEAD
SBF LLC'S AND FOUNTAINHEAD
21 vs. COMMERCIAL CAPITAL, LLC'S
NOTICE OF MOTION AND
22 FOUNTAINHEAD COMMERCIAL MOTION TO DISMISS FIRST
CAPITAL, LLC; and DOES 1 through AMENDED CLASS ACTION
23 10, inclusive, COMPLAINT
24 Defendant. [Notice of Motion and Motion;
Memorandum of Points and Authorities;
25 and [Proposed] Order filed concurrently
herewith]
26
Date: September 14, 2020
27 Time: 10:00 a.m.
Hon. Dean D. Pregerson
28 Ctrm: 9C
LAW OFFICES
Allen Matkins Leck Gamble
Mallory & Natsis LLP -1-
1217000.01/LA DECLARATION OF MICHAEL R. FARRELL
Case 2:20-cv-04149-DDP-RAO Document 23-2 Filed 08/14/20 Page 2 of 11 Page ID #:164
1 DECLARATION OF MICHAEL R. FARRELL
2 I, Michael R. Farrell, declare:
3 1. I am an attorney at the law firm of Allen Matkins Leck Gamble
4 Mallory & Natsis LLP, counsel of record for Defendants Fountainhead SBF LLC
5 and Fountainhead Commercial Capital, LLC ("Defendants").
6 2. This Declaration is made in support of Defendants' Motion to Dismiss
7 First Amended Class Action Complaint ("Motion"). Certain communications were
8 excerpted by Plaintiff in the Complaint and full copies of such communications are
9 hereby provided to the Court for its consideration. See, e.g., Marder v. Lopez, 450
10 F.3d 445, 448 (9th Cir. 2006); Coto Settlement v. Eisenberg, 593 F.3d 1031, 1038
11 (9th Cir. 2010).
12 3. A true and correct copy of Defendants' confirmation email to Plaintiff
13 Elizabeth M. Byrnes, Inc. ("Plaintiff") dated March 28, 2020, excerpted in
14 paragraph 16 of the Complaint, is attached hereto as Exhibit 1.
15 4. A true and correct copy of Defendants' email to Plaintiff dated March
16 29, 2020, excerpted in paragraph 16 of the Complaint, is attached hereto as
17 Exhibit 2.
18 5. A true and correct copy of Defendants' email to Plaintiff dated April
19 13, 2020, excerpted in paragraph 18 of the Complaint, is attached hereto as
20 Exhibit 3.
21 I declare under penalty of perjury under the laws of the State of California
22 that the foregoing is true and correct.
23 Executed this 14th day of August, 2020, at Los Angeles, California.
24
25 Michael R. Farrell
26 Michael R. Farrell
27
28
LAW OFFICES
Allen Matkins Leck Gamble
Mallory & Natsis LLP -2-
1217000.01/LA DECLARATION OF MICHAEL R. FARRELL
Case 2:20-cv-04149-DDP-RAO Document 23-2 Filed 08/14/20 Page 3 of 11 Page ID #:165
EXHIBIT 1
Case 2:20-cv-04149-DDP-RAO Document 23-2 Filed 08/14/20 Page 4 of 11 Page ID #:166
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Help is on the way <<First
Name>>!
We've received your loan request and you are in queue. You'll
receive another email shortly with next steps.
Copyright © 2020 Fountainhead, All rights reserved.
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You can update your preferences or unsubscribe from this list.
EXHIBIT 1
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EXHIBIT 2
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EXHIBIT 3
Case 2:20-cv-04149-DDP-RAO Document 23-2 Filed 08/14/20 Page 9 of 11 Page ID #:171
Since SBA’s PPP loans were launched just six business days ago, the lending
community has received a demand surge that is unlike anything we have ever
seen. Like many, we have been somewhat overwhelmed, yet honored by your
requests. While we have been at the leading-edge regarding educating others
about this program, we continue to be concerned about receiving proper, final
guidelines to both close and disburse these loans. The Wall Street Journal noted
over the weekend that many loans have been “reserved” and approved with loan
numbers, but very few have actually closed and been funded.
We ask for your patience with us (and all members of the lending community) as
we process your requests as quickly and responsibly as we can. Should you feel
the need to remove yourself from our loan queue and join another lender’s list,
kindly let us know by emailing us at fountainheadcares@fountainheadcc.com, so
we may continue to prioritize our list. Although we certainly don’t want to do this in
such a time of need, we may eventually be forced to pause our acceptance of new
submissions. Stay tuned for that determination and other developments in the days
ahead.
For more up to date information on the Paycheck Protection Program,
please visit: https://www.fountainheadcc.com/ppp/ Help is coming soon…
Stay safe and healthy,
EXHIBIT 3
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Case 2:20-cv-04149-DDP-RAO Document 23-2 Filed 08/14/20 Page 10 of 11 Page ID
#:172
Chris Hurn,
Founder/Chief Executive Officer,
Fountainhead
800-770-1504
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Fountainhead
3216 W Lake Mary Blvd
Lake Mary, FL 32746-3491
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EXHIBIT 3
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#:173
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EXHIBIT 3
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