DeclarationCal. Super. - 6th Dist.February 11, 2021California GCA LAW PARTNERS LLP Mountain View, JAMES L. JACOBS (SBN 158277) KATHRYN C. CURRY (SBN 157099) GCA LAW PARTNERS LLP 2570 W. E1 Camino Real, Suite 400 Mountain View, CA 94040 Telephone: (650) 428-3900 Facsimile: (650) 428-3901 Email: jjacobs@gca1aw.com kcurry@gca1aw.com Attorneys for Respondent MICHAEL HAN Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/29/2021 4:52 PM Reviewed By: K. Nguyen Case #21 CH009861 Envelope: 6132679 SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA UNLIMITED JURISDICTION BRIAN CUONG TRAN, Petitioner, V. MICHAEL QUOC HAN, Respondent. CASE NO. 21CH009861 DECLARATION OF MICHAEL HAN IN RESPONSE TO BRIAN TRAN’S APPLICATION FOR CIVIL RESTRAINING ORDERS Date: April 6, 2021 Time: 9:00 a.m. Dept: 4 DECLARATION 0F MICHAEL HAN IN RESPONSE T0 BRIAN TRAN’S TRO - CASE NO. 2 1 CH009861 California GCA LAW PARTNERS LLP Mountain View, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, Michael Han, declare as follows: 1. I have personal knowledge of the facts contained in this declaration and if sworn as a witness I could competently testify thereto. 2. I am married and have two children. Ilive 0n Pasilla Court in Morgan Hill, California. 3. Ihave over 20 years of experience developing software applications, including architecting and commercializing Blockchain solutions. I have had the role 0f Chief Technology Officer (CTO), senior 0r lead engineer on multiple projects, including first-generation enterprise applications and platform development. 4. In addition t0 being an active dad, I have three full time jobs. 5. During the day, I work at a full-time job in San Jose as a Senior Technologist. In the evenings and nights, Iwork at a startup I co-founded. I also run a soccer club for boys in San Jose. 6. I know the Petitioner, Brian Tran, who was a childhood friend. 7. In October 2016, I co-founded a company with Mr. Tran called Splend. Iwas the CTO for Splend and was responsible for the design, architecture, and development of a blockchain, fintech, and cryptocurrency platform. 8. Mr. Tran and I brought in a management team to run Splend, including CEO Rick Bleszynski. As CEO, Mr. Bleszynski was responsible for raising capital for Splend. In 2019, Mr. Bleszynski was trying t0 raise capital for another round 0f financing for Splend, but investors were demanding that the equity shares of the company be restructured, Which would result in a decrease in Mr. Tran’s ownership percentage 0f Splend. Because Mr. Tran would not agree t0 the redistribution, the management team and investors left, leaving Splend without a management team and unable to obtain funding. 9. Near the end 0f 2019, Mr. Bleszynski approached me and asked if I wanted to create another start-up with him. I agreed. 10. In early December 2019, I met with Brian Tran and told him I was leaving -1- DECLARATION 0F MICHAEL HAN IN RESPONSE T0 BRIAN TRAN’S TRO - CASE NO. 2 1 CHOO9861 GCA LAW PARTNERS LLP Mountaln Vlew Ca11f0rn1a 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Splend. Mr. Tran reacted in a threatening manner telling me, “Think this through thoroughly before you d0 this.” I did not understand his hostility because the Company was essentially dead. 11. Mr. Bleszynski and I formed Zocial. I am the co-founder and CTO. Mr. Tran has no part 0f Zocial. 12. Ever since I left Splend, Mr. Tran has been harassing me. 13. In January 2020, Mr. Tran went t0 my sons’ middle and elementary schools trying to get them kicked out because we live out of district. Mr. Tran went so far as to have my sons actually pulled out of their classes to be questioned by the school’s administrators in his presence. The school finally made Mr. Tran leave. 14. On January 25, 2018, I established the Splend bank account at Bank of America. Mr. Tran and I were the authorized signatories on the account. 15. In January 2020, I called Brian Tran and told him he needed t0 remove me from all of the Splend paperwork - the bank and corporate accounts. Mr. Tran refused to take the requested action, so I sent a formal notice of my resignation from Splend. 16. On February 18, 2020, I went t0 Bank of America and asked t0 be removed as a signatory/authorized user of the Splend bank account at Bank 0f America. Iwas told by bank personnel that I could not simply remove myself from the account. I was told, I could close the account, but only if the account had a zero balance. The bank account had a balance 0f $584.54. I obtained a cashier’s check for $584.54 and sent it to Mr. Tran’s home. I then closed the account. 17. On 0r about March 2, 2020, after receiving the cashier’s check, Mr. Tran contacted a friend at Bank 0fAmerica and falsely claimed that the account had been accidentally closed and reopened the account I had just closed, which continued to keep me 0n as a signatory Without my authorization 0r approval. Mr. Tran then put the $584.54 back into the account. 18. Having been frustrated by Mr. Tran, I tried again to close the account 0n April 8, 2020. This time, Iwithdrew the $584.54, because I had to deposit it _ 2 _ DECLARATION 0F MICHAEL HAN IN RESPONSE T0 BRIAN TRAN’S TRO - CASE NO. 2 1 CHOO9861 GCA LAW PARTNERS LLP Mountaln Vlew Ca11f0rn1a 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 somewhere, and deposited it into my personal account, so that the Splend account could finally be closed. The account was then closed again. 19. T0 further harass me, Mr. Tran filed a police report and contacted the bank falsely claiming that I had stolen the money. In response t0 Mr. Tran’s false claims, on April 8, 2020, the bank removed the $584.54 from my personal account. I sent a letter to Bank ofAmerica stating they were not authorized to open any Splend account that had me listed as a signatory 0r account holder. After an internal investigation, Bank of America found n0 wrongdoing by me, and in May 2020 Bank ofAmerica credited my personal bank account for the $584,54 it had removed. 20. I explained what happened t0 the police and I have been told that the case has been closed. A true and correct copy 0f an email exchange with the detective in charge of the case is attached hereto as Exhibit A. 21. On April 30, 2020, Brian Tran’s home in Evergreen was allegedly broken into. Mr. Tran falsely told the police that he suspected that I was the person who had broken into his home. I did not. Iwas home all day on April 30, 2020 and was working to fix a server during the time the alleged burglary occurred. The police have never told me I was an actual suspect for the burglary and although I gave the police a statement over the phone, I have had no further contact with the police and no charges have ever been filed against me. 22. Brian Tran is a friend of Vannechay Phommachack. They met at one 0fmy social get togethers. 23. I have not had any communications 0r initiated any contact with Mr. Tran since December 2019, when I told him I was leaving Splend. 24. On November 21, 2020, Iwas served with papers stating that my neighbor (a former friend of mine and a current, close friend of Brian Tran), Vanechay Phommachack had obtained (0n an ex parte basis without notice t0 me) a temporary restraining order against me and that a hearing had been scheduled. In her papers, Ms. Phommachack accused me of stalking her 0n October 15, 2020. The “stalking” was based _ 3 _ DECLARATION 0F MICHAEL HAN IN RESPONSE T0 BRIAN TRAN’S TRO - CASE NO. 2 1 CHOO9861 GCA LAW PARTNERS LLP Mountaln Vlew Ca11f0rn1a 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 solely on the fact that I had been behind her in a car for about a mile on a main route from our house after we had both left our street around the same time. I had n0 idea, Ms. Phommachack was several cars in front ofme 0n the road. Ms. Phommachack also falsely claimed that I was a suspect in the same bank theft and burglary involving Mr. Tran. Mr. Tran filed a declaration in support of Ms. Phommachack’s TRO. 25. The week before Ms. Phommachack filed her application for TRO, I noticed that Brian Tran’s car was parked in her driveway for several days and was there for several hours each day. 26. Iwas shocked by Ms. Phommachack’s application for a TRO. I am mellow, low-key, and non-confrontational person. I am working all the time t0 support my family. Ihave never stalked, harassed, 0r threatened anyone, let alone, Ms. Phommachack or her friends. I had not spoken 0r interacted with Ms. Phommachack at all since April 8, 2020. 27. After the initial hearing was continued, I attended the hearing on January 11, 2021, with my counsel, Ms. Curry, and brought my Witnesses. After our case was called, Ms. Phommachack dismissed her case. 28. Mr. Tran then filed this application for a TRO without providing me with advance notice. Mr. Tran has engaged the same counsel that Ms. Phommachack had engaged. Since the TRO was issued, Mr. Tran has driven by my house on numerous occasions, making threatening gestures t0 me, and parking at Ms. Phommachack’s house, which is only two doors from my house. Executed this 29th day of March, 2021, in Morgan Hill, California. I declare under penalty 0f perjury 0f the laws 0f the State 0f California that the foregoing is true 17W 7W, Michael Ha‘fi’ and correct. -4- DECLARATION 0F MICHAEL HAN IN RESPONSE T0 BRIAN TRAN’S TRO - CASE NO. 2 1 CHOO9861 EXHIBIT A 11/24/2020 Gmail - ATT: Michael Han - Splend M Gmail Mike Han ATT: Michael Han - Splend Sean Farrell Tue, Nov 24, 2020 at 9:34 AM To: Mike Mike, Yes | pulled the case again this morning and as far as | can see it was rejected by the DA back in July. You can call over to the District Attorneys Office to double check, by giving them your name and case number, but that’s what | show. Have a good day. Sean Farrell School Resource Officer/ Special Enforcement Team Detective Engage With Us! City of Morgan Hill Morgan Hill Police Department 16200 Vineyard Boulevard Morgan Hill, CA 95037 P: 669-253-4989 Sean.Farrell@morganhill.ca.gov morganhill.ca.gov | Facebook | Twitter Sign up for Police Department community announcements and email updates From: Mike Sent: Tuesday, November 24, 2020 9:20 AM To: Sean Farrell Subject: Re: A'l'l': Michael Han - Splend Hello Officer Sean Farrell, | was able to obtain the police report #20-00-1332 from records this morning and thank you for your help. However, | wanted to recap our phone conversation yesterday at 3:45pm 11/23/2020 that case#20-00-1332 has been closed and the District Attorney has rejected the case. https://mai| .google.comlmaillu/2?ik=235c664BCa&view=pt&search=al|&permmsgid=msg-f%3A1 6842639 1 9774888821 &dsqt= 1 &simpl=msg-f%3A1 684 . .. 1/2 11/24/2020 Gmail - ATT: Michael Han - Splend Thanks, Mike Han On Thu, Jun 4, 2020 at 1:44 PM Mike wrote: To Officer Sean, Attached is the letter and paper trail trying to closed the Bank of America account to removed my name from the account. Please let me know if you have any questions or concerns. Thank you, Michael Han 408-807-2809 WARNING: This message is from an external user. Confidential information such as social security numbers, credit card numbers, bank routing numbers, gift card numbers, wire transfer information and other personally identifiable information should not be transmitted to this user. For question, please contact the Morgan Hill IT Department by opening a new helpdesk request online or call 408-909-0055. https://mail.googIe.com/maiIlu/2?ik=235066480a&view=pt&search=a||&permmsgid=msg-f%3A1 684263919774888821 &dsqt=1&simpl=msg-f%3A1 684 . .. 2/2