COLLIN J. COX (admitted pro hac vice)
`
`ccox@yettercoleman.com
`JAMES E. ZUCKER (admitted pro hac vice)
`jzucker@yettercoleman.com
`GRANT B. MARTINEZ (admitted pro hac vice)
`gmartinez@yettercoleman.com
`YETTER COLEMAN LLP
`811 Main Street, Suite 4100
`Houston, Texas 77002
`(713) 632-8000
`
`ARNOLD & PORTER KAYE SCHOLER LLP
`
`AMY L. BOMSE (No. 218669)
`amy.bomse@apks.com
`Three Embarcadero Center, 10th Floor
`San Francisco, CA 9411 1—4024
`Telephone:
`415.471.3100
`Facsimile:
`415.471.3400
`
`Attorneys for Plaintiff
`
`ELECTRON 'CALLY
`F I L E D
`Superior Court of Gaff-fornfa,
`com“? “56'” ”mm”
`09 I 28/ 2018
`BY:VANESSA wu
`Clerk of the Court
`[.‘Jepvutyglr Clerk
`
`SUPERIOR COURT OF THE STATE OF CALIFORNIA
`
`IN AND FOR THE COUNTY OF SAN FRANCISCO
`
`RevPAR Collective, Inc. d/b/a/ Stash Hotel
`Rewards,
`
`Plaintiff,
`
`vs.
`
`Synchrony Financial and
`Synchrony Bank,
`
`Defendants.
`
`Case No:
`
`CGC-18-566487
`
`DECLARATION OF GRANT MARTINEZ IN
`
`SUPPORT OF STASH’S UNOPPOSED
`MOTION FOR LEAVE TO FILE SECOND
`AMENDED COMPLAINT
`
`Date:
`Time:
`Dept:
`Judge:
`
`Case Filed: May 10, 2018
`Trial Date: None Set
`
`
`DECLARATION OF GRANT MARTINEZ IN SUPPORT OF STASH’S UNOPPOSED MOTION FOR LEAVE TO
`FILE SECOND AMENDED COMPLAINT
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`DECLARATION OF GRANT MARTINEZ
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`1, Grant Martinez, declare:
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`1.
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`I am an active member in good standing of the State Bar of Texas and am admitted
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`pro hac vice in the above-captioned matter.
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`I am an associate in the law firm of Yetter Coleman
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`LLP and counsel of record for Plaintiff RevPAR Collective, Inc. d/b/a/ Stash Hotel Rewards
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`(“Stash”).
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`I make this declaration based upon personal knowledge or, where stated, information and
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`belief, as to the facts herein. If called as a witness, I could and would competently testify thereto.
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`2.
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`The proposed amended complaint addresses certain purported legal deficiencies in
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`the prior pleading that can be cured through amendment. Specifically, the proposed amendment
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`clarifies and amplifies allegations about the various forms of damages suffered by Plaintiff,
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`including Plaintiff’s out-of-pocket losses, in response to Defendants’ arguments that Plaintiff had
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`not sufficiently pleaded out-of-pocket losses. The proposed amendment clarifies and amplifies
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`allegations about misrepresentations made by Defendants in response to an argument by Defendants
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`that such misrepresentations are non-actionable statements of opinion. Finally, the amended
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`complaint sets forth a separate cause of action for promissory fraud. This claim arises out of the
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`same underlying events alleged in the original complaint and the allegations in the first amended
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`complaint.
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`3.
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`These amendments are made in response to Defendants’ General Demurrer filed on
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`September 11, 2018. Prior to that time, Stash’s counsel was unaware of the potential need for
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`clarification and amplification of the allegations in the first amended complaint. Stash’s counsel
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`believed that many of the issues raised in Defendants’ General Demurrer to the original complaint
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`had been resolved through the filing of the first amended complaint.
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`4.
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`The proposed amendment is necessary and proper to allow Plaintiff to recover all
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`damages it suffered from defendants’ wrongful acts related to the subject matter of this action in a
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`single lawsuit.
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`5.
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`The case management conference is two months away, now set for November 28,
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`2018. No trial date has been set in this action and no discovery deadlines have been set. Plaintiff
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`DECLARATION OF GRANT MARTINEZ IN SUPPORT OF STASH’S UNOPPOSED MOTION FOR LEAVE TO
`FILE SECOND AMENDED COMPLAINT
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`anticipates that any additional discovery generated by the amendments will be minimal and will not
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`result in any delay.
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`6.
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`On September 26, 2018, I provided Defendants’ counsel with a copy of the proposed
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`amended complaint. On September 28, Defendants’ counsel stated that they do not oppose the
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`motion for leave to file the second amended complaint.
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`I declare under penalty of perjury under the laws of the State Of California that the foregoing
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`is true and correct.
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`Executed this 28th day of September, 2018, in Houston, Texas‘
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`Karate ~—
`
`lfat/ant B Martinez
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`DECLARA'I‘ION OF GRANT MARTINEZ IN SUPPORT OF srAiirs UNOPPOSED MOTION FOR LEAVE TO
`FILE SECOND AMENDED COMPLAINT
`
`