AFFIDAVIT OF JOHN DORMAN IN SUPPORT OF MOTTON TO DISMISS FOR LACK OF PERSONAL JURISDICTION I, JOHN DORMAN, state: 1. The following facts are true of my own personal knowledge. If called upon to do so, I could and would competently testify as to the truth of these facts. I am a defendant in this action. I am currently employed as the Chairman and Chief Executive Officer for defendant Digital Insight Corporation ("DI"). My office is located in Calabasas, California. 2. I am not and have never been a resident of Texas. I am a resident of the State of California. 3. I am not and have never been employed in Texas. For the last several years, I have worked in California. I have never maintained an office, mailing address, or telephone number in Texas. 4. I have never owned any assets in Texas. 5. I have never paid any income or property taxes in Texas. 6. I have never maintained a bank account in Texas. 7. I have never owned, leased, rented, or controlled any real or personal property located in Texas. 8. I have never voted in a Texas election. 9. I have had very limited contacts with Texas. During the past five, I have visited the State of Texas three or four times. All of those visits were business trips which lasted no more than a few nights each. One of those visits, on March 18, 2001, was for the purpose of participating in a mediation with FundsXpress regarding this lawsuit. 10. In or about May of this year, from my office in Calabasas, California, I spoke with a reporter for the C.U. Times. I was interviewed about this lawsuit, and the allegations made by plaintiff. I did not solicit his telephone call, I was not involved in writing or editing an article including my responses to those questions. I merely answered his questions to the best of my ability at that time. During the call, I spoke on behalf of DI, not on my own behalf. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on July 29, 2002, at Calabasas, California.. John Dorman