Application Ex Parte Fee Applies

Cal. Super. - 6th Dist.March 24, 2021

CoaLENTz PATCH DUFFY & BASS LLP ONE MONTGOMERY STREET. SULTE 3000, SAN FRANCISCO. CALIFORNIA 94IO4-5500 FAX 4|5.989,I663 4|5.39|.4BOO - 10 ll 12 13 14 15 16 l7 18 19 20 21 22 23 24 26 27 28 SCOTT C. HALL (State Bar N0. 232492) SKYE LANGS (State Bar No. 287908) EMLYN MANDEL (State Bar No. 3 1 0403) COBLENTZ PATCH DUFFY & BASS LLP One Montgomery Street, Suite 3000 San Francisco, California 941 04-5500 Telephone: 415.391.4800 Facsimile: 415.989.1663 Email: ef-sch@cpdb.c0m {-h' ef-sdl@cpdb.com F; ef-enp@cpdb.com I Attorh 'ys for Plaintiffs ANNEI‘TING, JACK TING, and NICOLE TING-YAP LE?e MAY z 0 2021 >< s Cl of the Com 4 upanor $CA :ly aiflnnla Ciam Ll- BY DEPUTY >- m SUPERIOR COURT OF THE STATE 0F CALIFORNIA COUNTY OF SANTA CLARA ANNE TING, an individual; JACK TING, an individual; and NICOLE TTNG-YAP, an individual, Plaintiffs, .V. PANIDA CHINSUPAKUL, an individual; and DOES 1 through 10, Defendant. H/ ///‘S lb Case N0. 21CV381 1 10 PLAINTIFFS’ EX PARTE NOTICE AND APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHY PRELIMINARY INJUNCTION SHOULD NOT ISSUE [Filed concm'remly wilh (1) Memorandum 0f Points am! Aurhorin'es Supporting Ex Parte Appiicalion‘fbr TRO and Preliminm'y lry'zmciion; (2) Proposed Order; and (3) Simporn'ng Declaraiions ofAnne Ting, Jack Ting. Nicole Tfng-Yap, Julian Ting, Wong Siew lng. cmd Skye Lungs] Dale: May 2], 2021 Time: 8:15 a.m. Dept; 2. 7. l9, 0r 20 Judge: TBA Trial Lpalc: None SCI ] CaseNo.2|CV381l|0 PLAINTIFFS’ EX PARTE. NOTICE AND APPLICATION FOR TRO AND PRELIMINARY INJUNCTION COBLENTZ PATCH DUFFY & BASS LLP ONE Mo~TGOMERY STREET. SUITE 3000. SAN FRANCISCO. CALIFORNIA 94IO4-SSOO FAX 4|S.989.|663 4l5.39|V4BOO 10 11 12 13 14 16 17 18 19 20 21 22 23 24 26 27 28 TO ALL PARTIES AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE that on Friday, May 21, 2021 at 8:15 a.m., or as soon thereafter as counsel may be heard, in Department 2, 7, 19, or 20, ohhe Superior Court of‘Califomia, County of Santa Clara, located at 191 North First Street, San Jose, Califomia 951 13, Plaintiffs Anne Ting, Jack Ting, and Nicole Ting-Yap (“Plaintiffs”) will and hereby do move this Court fffgr a temporpry restraining order and an order Lo show cause why a preliminaly injunction Lléould not iésue. Notice OfIhis Application and the ex pane hearing was provided to Defendant inl conformity with the California Rules of Court, Rules 3.1200 through 3.1207. (Declaration 0f Skye Langs, fl 7). Plaintiffs bring this motion pursuant to California Code OfCivil Procedure section 526, which entitles them to a temporal‘y restraining order and preliminary injunctive reliefupon a showing that they are likely to prevail 0n the merits ol‘lheir claims, and that they will be irreparably harmed if an injunction does not issue 0n their behalf. Plaintiffs have not made any previous applications for similar relief. Defendant has intruded on Plaintiffs’ privacy. and wrongfully obtained, without their consent, their private personal, financial, business, tax, and trade secret information. Due t0 the sensitive and confidential nature OfIhe information Defendant now has in her possession, and the risk offurther harm caused by Defendant’s continued use, possession, and dissemination 0ft11is information, Plaintiffs will be irreparably banned iflheir private information is not returned and/or destroyed. Plaintiffs are likely t0 succeed 0n the merits 0ftheir claim for (1) conversion; (2) intrusion on their privacy (under common law and the California constitution); (3) civil violations ofthe Comprehensive Computer Data Access and Fraud Act (CDAFA); and (4) misapprOpriation 0ftrade secrets. As a result. a temporal}! restraining order and preliminaly injunction should issue in their favor. Plaintiffs’, by way oi‘this application. seek lhc following reTief: 1. An order enjoining Defendant fronffising. viewing, copying. photographing, disseminating, accessing: or otherwise using. in any nmnncr, any of Plaintil'fs’ private information fwhich she obtain'ed l‘rom Julian Ting’s server, MacBook Pro, iPad. 0r iPhone; 1| ' ' 2 CaseNo.2lCV38]110 PLAINTIFFS’ EX PARTE NOTICE AND APPLICATION FOR TRO AND PRELIMINARY INJUNCTION COBLENTZ PATCH DUFFY a BASS LLP ONE MONTGOMERY STREET. SUITE 3000. SAN FRANCISCO. CALIFORNIA 94IO4-SSOO FAX 4|5.989.|663 4|5.39 | ,4800 10 11 12 13 14 16 17 18 19 20 21 22 23 '24 '26 27 *i' 28 2. An order enjoining Defendant from remotely or physically accessing Julian Ting’s server or any electronic device containing Plaintiffs" private information; 3. An order instructing Defendant Io return and/or destroy Within five (5) business days all paper and electronic copies 0f Plaintiffs” information which she obtained from Julian Ting’s server, MacBook Pro, iPad, 01' iPhone, and ail derivative information deriVed from it, that is in the possession, custody, 0r control ofDefendant and any agents acting on her behalf, includilng all copies stored 0n removable media and external drives, as well as the original image files of all photographs Defendant took of Plaintiffs’ information; 4. An order instructing Defendant L0 certify under oath that she has returned and/or destroyed any and all electronic copies Ofthe information she obtained from Julian Ting’s server, MacBook Pro, iPad, 0r iPhone, and which are in the possession, custody, or control 0f Defendant and any agents acting 0n her behalf; 5. ' An order granting Plaintiffs and/or their agents rights 0f physical access to the server containing their personal infomlation, so that Plaintiffs may investigate damage t0 the . servar; confirm what information has been accessed, altered, and deleted; and remove 01‘ otherwise secure their personal information from the server; and [hat the server thereafter be placed in possession Ofa neutral third party pending resolution ofany and all disputes regarding the proper ownership and possession 0f the server. This application is based upon this Notice and Application, the accompanying Memorandum of Points and Authorities, the Declarations 0f Anne Ting, Jack Ting, Nicole Ting-Yap, Julian Ting, Wong Siew Ing, and Skye Langs, and the exhibits appended thereto, all pleadings and other papers filed in this action, and such other and further evidence as may be presented prior t0, and at, [he hearing 0n this Motion DATED: May 19, 2021 COBLENTZ PATCH DUFFY & BASS LLP 13);; RM a_xj)Mg\ SKY Atlom 01 Plaintlifs ANNE TING, JACK TING, and NICOLE TING-YAP 18786.00] 4822-6672-40662 3 CaseNo.2|CV3311|0 PLAINTIFFS’ EX PARTE NOTICE AND APPLICATION FOR TRO AND PRELIMINARY INJUNCTION