Complaint Unlimited Fee Applies

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

COBLENTZ PATCH DUFFY & BASS LLP ONE MONTGOMERY STREET, SUITE 3000, SAN FRANCISCO, CALIFORNIA 94lO4-5SOO FAX 4|5.989.|663 4|5.39|.4800 - \OWQQUIhMNH NNNNNNNNNHHHHHHHHHH WQQUIhMNHGQWQQUIhMNHG E-FILED 3/24/2021 2:08 PM k fC rt SCOTT C.HALL(State BarNo.232492) C'er 0 0U SKYE LANGS (State Bar No. 287908) SUPer'Or court 0f CA’ EMLYN MANDEL (State Bar No. 3 10403) Gounty 0f santa C'ara COBLENTZ PATCH DUFFY & BASS LLP 21 CV381 1 10 One Montgomery Street, Suite 3000 Reviewed By: V. Taylor San Francisco, California 94104-5500 Telephone: 415.391.4800 Facsimile: 4 1 5.989. 1 663 Email: ef-sch@cpdb.com ef-sdl@cpdb.com ef-erm@cpdb.com Attorneys for Plaintiffs ANNE TING, JACK TING, and NICOLE TING-YAP SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA ANNE TING, an individual; JACK TING, Case N0_ 21 CV381 1 10 an individual; and NICOLE TING-YAP, an individual, . . COMPLAINT FOR DAMAGES AND Plamtlffs, INJUNCTIVE RELIEF V. PANIDA CHINSUPAKUL, an individual; and DOES 1 through 10, Defendant. Trial Date: None Set Plaintiffs ANNE TING, JACK TING, and NICOLE TING-YAP (collectively “Plaintiffs”) hereby complain and allege against defendant PANIDA CHINSUPAKUL (“Defendant”) and DOES 1 through 10 as follows: INTRODUCTION 1. Plaintiffs bring this action t0 remedy the unlawful theft, use, and disclosure 0f their private financial, business, and personal information, without their knowledge 0r consent. 2. Beginning 0n 0r about October 3 1, 2019, and continuing through t0 mid-October, 2020, Defendant Panida Chinsupakul unlawfully accessed her then-husband Julian Ting’s server 1 Case No. COMPLAINT COBLENTZ PATCH DUFFY & BASS LLP ONE MONTGOMERY STREET, SUITE 3000, SAN FRANCISCO, CALIFORNIA 94lO4-5SOO FAX 4|5.989.|663 4|5.39|.48OO \OWQQUIhMNH NNNNNNNNNHHHHHHHHHH WQQUIhMNHGQWQQUIhMNHG and personal electronic devices by using passwords and access codes she obtained by spying 0n him without his knowledge 0r consent, and keys she stole from him. With these improperly obtained passwords, access codes, and keys, she Viewed, photographed, imaged, and copied the information contained 0n Julian Ting’s devices without the knowledge 0r consent 0f Julian Ting 0r the owners 0f the data. In doing so, Defendant unlawfully obtained, used, and disclosed - and upon information and belief, further intends t0 use and disclose - confidential and sensitive personal, financial, tax, and business information belonging t0 Plaintiffs, that had been entrusted t0 Julian Ting’s care for safekeeping, including in connection with consulting work he performed for Plaintiffs. THE PARTIES 3. PlaintiffAnne Ting is an individual residing in Sydney, Australia. 4. Plaintiff Jack Ting is an individual residing in Sydney, Australia. 5. Plaintiff Nicole Ting-Yap is an individual residing in Kuala Lumpur, Malaysia. 6. Defendant Panida Chinsupakul was at all times relevant t0 the actions alleged in this Complaint an individual residing in Mountain View, California, 0r Los Altos, California, both located in Santa Clara County. 7. Defendants DOES 1 through 10 are persons 0r entities whose true names and capacities are presently unknown t0 Plaintiffs and who therefore are sued by such fictitious names. Plaintiffs are informed and believe and thereon allege that each 0f the fictitiously named Defendants perpetrated some 0r all 0f the wrongful acts alleged herein, is responsible in some manner for the matters alleged herein, and is jointly and severally liable to Plaintiffs. Plaintiffs will seek leave 0f court t0 amend this complaint t0 state the true names and capacities 0f such fictitiously named Defendants when ascertained. JURISDICTION AND VENUE 8. This Court is the appropriate venue for this action under Code 0f Civil Procedure section 395 because the unlawful conduct giving rise t0 Defendant’s liabilities, as alleged herein, was carried out and had effects in Santa Clara County, and because Defendant resides in Santa Clara County. 2 Case No. COMPLAINT COBLENTZ PATCH DUFFY & BASS LLP ONE MONTGOMERY STREET, SUITE 3000, SAN FRANCISCO, CALIFORNIA 94lO4-5SOO FAX 4|5.989.|663 4|5.39|.48OO \OWQQUIhMNH NNNNNNNNNHHHHHHHHHH WQQUIhMNHGQWQQUIhMNHG 9. Jurisdiction over all 0f Plaintiffs’ causes 0f action asserted in this Complaint is proper pursuant t0 California Constitution, Article VI, Section 10 and Code 0f Civil Procedure section 410.10 because the acts and omissions alleged herein were committed in the State 0f California, because this is a civil action wherein the matter in controversy, exclusive 0f interest, exceeds $25,000, and because the causes 0f action alleged herein are not given by statute t0 other trial courts. GENERAL ALLEGATIONS 10. Beginning 0n 0r about October 3 1, 2019, and continuing until 0n 0r about October 16, 2020, Defendant Panida Chinsupakul unlawfully accessed her then-husband Julian Ting’s 12.88 terabyte server, MacBook Pro, iPad, and iPhone, and photographed, imaged, and/or copied the information 0n these devices without the knowledge, consent, 0r permission 0f Julian Ting, or the owners 0f the data contained 0n these devices. 11. Since July 0f 2020, Julian Ting’s server has been located in the garage 0f the Los Altos home he shared, at the time, with Defendant. It was protected by a locked data cage, t0 which only Julian Ting had a key. Defendant obtained the key t0 the data cage without permission 0r consent, and used that key 0r its copy t0 unlock the data cage and access the server. On 0r about October 14, 2020, while Julian Ting was out 0f the country, Defendant shut down the server for approximately 46 hours. Plaintiffs are informed and believe, and 0n that basis allege, that during that time, Defendant had the server removed from the home, and its entire contents copied 0r imaged, again without the permission 0r consent 0f Julian Ting, 0r the owners 0f the data contained 0n the server. Since the server was restarted 0n 0r about October 16, 2020, some 0f the files it contains can n0 longer be accessed 0r downloaded, and appear t0 have been altered, damaged, 0r deleted as a result 0f Defendant’s illegal conduct. 12. Defendant gained access t0 Julian Ting’s MacBook Pro, iPad, and iPhone without his permission 0r consent. At all times relevant t0 this complaint, these devices were all password protected, with passwords known only t0 Julian Ting, and not voluntarily shared with any other individual, including Defendant. Plaintiffs are informed and believe, and 0n that basis allege, that Defendant obtained the passwords t0 these devices by surreptitiously spying 0n Julian Ting t0 3 Case No. COMPLAINT COBLENTZ PATCH DUFFY & BASS LLP ONE MONTGOMERY STREET, SUITE 3000, SAN FRANCISCO, CALIFORNIA 94lO4-5SOO FAX 4|5.989.|663 4|5.39|.48OO \OWQQUIhMNH NNNNNNNNNHHHHHHHHHH WQQUIhMNHGQWQQUIhMNHG discover the keystrokes and codes he used t0 10g in. On 0r about March, April, and July 2020, Defendant illegally gained access t0 Julian Ting’s iPhone, iPad, and MacBook Pro, and Viewed and photographed the content 0f these devices, without Julian Ting’s knowledge 0r consent, and without the knowledge 0r consent 0f the owners 0f the data. 13. At the time 0f the illegal access, Julian Ting’s MacBook Pro, iPad, and iPhone contained confidential and sensitive personal, financial, tax, and business information belonging to Plaintiffs, and entrusted t0 Julian Ting’s care for safekeeping, and/or in connection with consulting work Julian Ting performed for Plaintiffs. 14. Plaintiffs first became aware that some 0f the information in Julian Ting’s possession may have been compromised 0n 0r about December 3, 2020, when Julian Ting informed Plaintiffs that the server had been shut down for an approximately 46-hour period without his consent. However, at that time, Plaintiffs had n0 evidence that their private information had in fact been compromised. On 0r about February 16, 2021, however, Julian Ting informed Plaintiffs that Defendant had provided him with copies 0f some 0f the documents, information, photographs, and screenshots that he believed she had illegally obtained. Additionally, 0n 0r about March 8, 2021, Julian Ting informed Plaintiffs that Defendant was asking questions about companies, real property, and assets for which he had n0 ownership interest in whatsoever, but rather were owned and/or managed by Plaintiff Nicole Ting-Yap, her husband, and/or her in-laws. Defendant would have had n0 knowledge 0f these companies, real property, and assets unless she had illegally Viewed 0r accessed the private information contained 0n Julian Ting’s MacBook Pro, iPad, and iPhone, without his permission. The Server 15. Julian Ting’s server contains 12.88 terabytes 0f information 0n 13 separate partitions. Each user accesses the server with a unique username and password. Permission t0 access a particular partition is granted t0 each user by the administrator 0f the server, Julian Ting. Julian Ting is the only administrator 0f the server, and he has not given any other person, including Defendant, the administrator password t0 the server. Julian Ting provided Plaintiff Nicole Ting-Yap with secure space 0n the server, accessible with her unique username and 4 Case No. COMPLAINT COBLENTZ PATCH DUFFY & BASS LLP ONE MONTGOMERY STREET, SUITE 3000, SAN FRANCISCO, CALIFORNIA 94lO4-5SOO FAX 4|5.989.|663 4|5.39|.48OO \OWQQUIhMNH NNNNNNNNNHHHHHHHHHH WQQUIhMNHGQWQQUIhMNHG password. Additionally, at all times relevant t0 the complaint, the server contained information about Plaintiffs’ confidential affairs which was provided t0 Julian Ting in connection with the consulting services he provided t0 Plaintiffs. 16. Plaintiff Nicole Ting-Yap had, at all times relevant t0 this complaint, a partition 0n the server which she used t0 store back-up copies 0f her personal, financial, business, and tax information for safekeeping. The private personal information Nicole Ting-Yap stored 0n the server includes Videos 0f private counseling sessions involving her, her children, and her husband; passport information; identity information for her children; attorney-client privileged information relating to pending litigation in Malaysia; and information concerning current and former household employees. 17. Plaintiff Nicole Ting-Yap also used the server t0 store confidential business records for fifteen different entities for which she is 0r was the custodian 0f records, including financial records, privileged communications regarding commercial transactions, trade secrets and competitively sensitive business information, as well as information concerning real property she owned, including financing and rental records. 18. Plaintiff Nicole Ting-Yap was and is the owner and/or licensee 0f trade secret information stored 0n Julian Ting’s server. This trade secret information includes information about product designs, marketing plans, business strategies, future commercial transactions, pricing information, and profit margins for some 0r all 0f the fifteen different entities for Which she is 0r was the custodian 0f records. This information is not generally known t0 the public or business competitors, and reasonable efforts have been taken t0 maintain the secrecy 0f this information, including by storing the information in a secure manner, limiting its disclosure t0 a small number 0f employees, instructing employees t0 keep the information private, and/or requiring non-disclosure agreements prior t0 sharing the information outside 0f the organization. This information has independent economic value, which, if publicly disclosed, would allow business competitors t0 copy product concepts, and otherwise compromise the ability 0f the affected entities t0 compete in the marketplace. /// 5 Case No. COMPLAINT COBLENTZ PATCH DUFFY & BASS LLP ONE MONTGOMERY STREET, SUITE 3000, SAN FRANCISCO, CALIFORNIA 94lO4-5SOO FAX 4|5.989.|663 4|5.39|.48OO \OWQQUIhMNH NNNNNNNNNHHHHHHHHHH WQQUIhMNHGQWQQUIhMNHG 19. Plaintiff Nicole Ting-Yap placed her data 0n Julian Ting’s server for safekeeping, but at all times, she had an immediate right t0 possess it. At all times relevant t0 this complaint, the partition where her information is stored was password protected, and the passwords were known t0 only three users with authority t0 access the data - Nicole Ting-Yap, Nicole Ting-Yap’s assistant, and Julian Ting. Plaintiff Nicole Ting-Yap had a reasonable expectation that the data she stored 0n the server would remain private, and that Defendant would not be able t0 access, View, obtain, 0r use the information without Nicole Ting-Yap’s knowledge and consent, because the information 0n her partition was password protected, and because the server was physically located behind lock-and-key in Julian Ting’s home, and only he had physical access t0 it. 20. In addition t0 information stored 0n partition belonging t0 Nicole Ting-Yap, other partitions 0f the server contained Plaintiffs’ sensitive and confidential personal, financial, business, and tax information. This information was provided t0 Julian Ting in connection with consulting work he performed for Plaintiffs, and Plaintiffs had, at all times, an immediate right t0 possess it. The information was provided t0 Julian Ting based 0n the understanding that Julian Ting would maintain its confidentiality. It was protected by passwords known only t0 the three users with authority t0 access the data - Nicole Ting-Yap, her assistant, and Julian Ting. The passwords were not shared with Defendant, and Plaintiffs had a reasonable expectation that n0 other individuals, including Defendant, would be able t0 access, View, obtain, 0r use their private information. The MacBook Pro 21. Defendant used passwords she surreptitiously obtained without consent t0 gain illegal access t0 Julian Ting’s MacBook Pro. She browsed through files and documents, and took pictures 0f the laptop’s screen t0 make and preserve copies 0f the information she was accessing without permission, and without the knowledge, 0f Julian Ting 0r Plaintiffs. Plaintiffs discovered this wrongful conduct 0n 0r about February 16, 2021, after Defendant provided copies t0 Julian Ting of the photographs she had taken. 22. While browsing through Julian Ting’s laptop, Defendant took pictures 0f file directories for the server, showing the location 0f files and documents belonging t0 Plaintiffs. 6 Case No. COMPLAINT COBLENTZ PATCH DUFFY & BASS LLP ONE MONTGOMERY STREET, SUITE 3000, SAN FRANCISCO, CALIFORNIA 94lO4-5SOO FAX 4|5.989.|663 4|5.39|.48OO \OWQQUIhMNH NNNNNNNNNHHHHHHHHHH WQQUIhMNHGQWQQUIhMNHG Plaintiffs are informed and believe, and 0n this basis allege, that these photographs were used by Defendant t0 determine what information was contained 0n the server, t0 decide which portions 0f the server t0 image, and t0 understand and organize the information she illegally obtained from the server. Additionally, the directories themselves are private, because they reveal details about Plaintiffs’ confidential information that they would not otherwise publicly disclose, such as the names 0f accounts they hold and business they have an interest in. 23. Defendant also took pictures 0f the following private and confidential information: a. check deposit receipts, tax vouchers, corporate governance documents, and account information for JCT Holdings, an entity wholly owned by Setima Sdn. Bhd. (“Setima”). Setima is, in turn, an entity owned by Nicole Ting-Yap and others, excluding Julian Ting. Nicole Ting-Yap and Julian Ting are each Directors for JCT Holdings and Setima, and Nicole Ting-Yap is also the custodian 0f record for both 0f these entities; b. bank statements and account information for Chelsea Capital Limited, an entity belonging t0 Nicole Ting-Yap, and for which she is a Director and the custodian 0f records; c. Title documents for property in London owned by an entity belonging t0 Nicole Ting-Yap, and for which she is a Director and the custodian 0f records. 24. The information described in the above paragraph belonged t0 Plaintiff Nicole Ting-Yap, and she had an immediate right t0 possess it. She entrusted this information t0 Julian Ting for his safekeeping, and in connection with consulting work he did 0n her behalf, and she trusted and believed that he would keep it private. She did not anticipate that Defendant, 0r anyone, would be able t0 View, copy, photograph, use, 0r otherwise gain access t0 this private business, financial, and tax information without her consent. The iPad 25. On 0r about March 8, 10, 16, and 17, 2020; April 15, 2020; and July 22, 2020, Defendant used passwords she surreptitiously obtained without consent t0 gain illegal access t0 Julian Ting’s iPad. Once Defendant had illegal access, she took pictures 0f the iPad’s screen t0 make and preserve copies 0f the information she was accessing without permission, and without the knowledge, of Julian Ting 0r Plaintiffs. Plaintiffs discovered this wrongful conduct 0n 0r 7 Case No. COMPLAINT COBLENTZ PATCH DUFFY & BASS LLP ONE MONTGOMERY STREET, SUITE 3000, SAN FRANCISCO, CALIFORNIA 94lO4-5SOO FAX 4|5.989.|663 4|5.39|.48OO \OWQQUIhMNH NNNNNNNNNHHHHHHHHHH WQQUIhMNHGQWQQUIhMNHG about February 16, 2021, after Defendant provided copies t0 Julian Ting 0f the photographs she had taken. 26. Defendant took pictures 0f the following private and confidential information: a. Emails between Nicole Ting-Yap, her assistant, and Julian Ting, inquiring about information 0n Julian Ting’s server concerning real property owned by Nicole Ting-Yap; b. Emails between Nicole Ting-Yap, her assistant, and Julian Ting, concerning several entities for which JCT Holdings is a shareholder, and for which Julian Ting has n0 ownership interest. JCT Holdings is wholly owned by Setima, an entity owned by Nicole Ting-Yap and others, excluding Julian Ting. Nicole Ting-Yap and Julian Ting are each Directors for JCT Holdings and Setima, and Nicole Ting-Yap is also the custodian 0f record for both 0f these entities. c. An email from Plaintiff Jack Ting’s accountant regarding tax and retirement planning, and concerning accounts and business entities belonging t0 Jack Ting, which Jack Ting forwarded t0 Julian Ting t0 seek his advice 0n the proposed transactions. 27. The information described in the above paragraph belonged t0 Plaintiffs Nicole Ting-Yap and Jack Ting, and they had an immediate right t0 possess it. It was in Julian Ting’s possession in connection with consulting work he did 0n Plaintiffs’ behalf, and they trusted and believed that he would keep it private. Plaintiffs did not anticipate that Defendant would be able t0 View, copy, photograph, use, 0r otherwise gain access t0 this private business, financial, and tax information without their consent. 28. Defendant also took picture 0f attorney-client privileged information contained on Julian Ting’s iPad. This information belonged to PlaintiffAnne Ting and concerned a matter before the Australian Tax Office (ATO). Anne Ting designated Julian Ting as her agent in connection with the matter and authorized her attorneys t0 communicate with him t0 facilitate the provision 0f legal advice. The documents Defendant photographed included spreadsheets 0f information related t0 the dispute, which Julian Ting helped Anne Ting gather and organize. Additionally, Defendant photographed Julian Ting’s notes regarding communications with PlaintiffAnne Ting’s attorney regarding the dispute. This privileged and confidential information 8 Case No. COMPLAINT COBLENTZ PATCH DUFFY & BASS LLP ONE MONTGOMERY STREET, SUITE 3000, SAN FRANCISCO, CALIFORNIA 94lO4-5SOO FAX 4|5.989.|663 4|5.39|.48OO \OWQQUIhMNH NNNNNNNNNHHHHHHHHHH WQQUIhMNHGQWQQUIhMNHG belonged t0 Anne Ting, and she had the immediate right t0 possess it. It was in the possession 0f Julian Ting as her agent. PlaintiffAnne Ting trusted that Julian Ting would keep this information private, and did not anticipate that Defendant 0r any other individual would be able t0 View, copy, photograph, use, 0r otherwise gain access t0 this privileged and confidential financial and tax information without her consent. The iPhone 29. Sometime prior t0 October 0f 2020, Defendant used passwords she surreptitiously obtained without consent t0 gain illegal access t0 Julian Ting’s iPhone, and t0 take pictures 0f encrypted text messages 0n the iPhone’s screen, in order t0 make and preserve copies 0f the information she was accessing without permission, and without the knowledge, 0f Julian Ting or Plaintiffs. Plaintiffs discovered this wrongful conduct 0n 0r about February 16, 2021, after Defendant provided copies t0 Julian Ting 0f the photographs she had taken. 30. Defendant took pictures 0f the following private and confidential information text messages: a. Text messages addressed t0 Nicole Ting-Yap concerning an entity for which JCT Holdings is a shareholder, and for which Julian Ting has n0 ownership interest. JCT Holdings is wholly owned by Setima, an entity owned by Nicole Ting-Yap and others, excluding Julian Ting. Nicole Ting-Yap and Julian Ting are each Directors for JCT Holdings and Setima, and Nicole Ting-Yap is also the custodian 0f record for both 0f these entities; b. Text messages concerning rental payments 0n real property owned by Setima, an entity owned by Nicole Ting-Yap and others, excluding Julian Ting. Nicole Ting-Yap and Julian Ting are each Directors for Setima, and Nicole Ting-Yap is also the custodian 0f record for this entity. 3 1. The information described in the above paragraph belonged t0 Plaintiff Nicole Ting-Yap, and she had an immediate right t0 possess it. She entrusted this information t0 Julian in connection with consulting work he did 0n her behalf, and she trusted and believed that he would keep it private. She did not anticipate that Defendant, 0r any other individual, would be /// 9 Case No. COMPLAINT COBLENTZ PATCH DUFFY & BASS LLP ONE MONTGOMERY STREET, SUITE 3000, SAN FRANCISCO, CALIFORNIA 94lO4-5SOO FAX 4|5.989.|663 4|5.39|.48OO \OWQQUIhMNH NNNNNNNNNHHHHHHHHHH WQQUIhMNHGQWQQUIhMNHG able t0 View, copy, photograph, use, 0r otherwise gain access t0 this private business, financial, and tax information without her consent. Defendant’s Subterfuge, And Her Improper Use Of The Illegally Acquired Information. 32. Defendant’s conduct - hacking into her then-husband’s server and personal electronic devices, spying 0n him t0 obtain his passwords without his knowledge and consent, breaking into the locked cage where the server was stored, and, upon information and belief, having the server removed from the premises and imaged while he was out 0f the country - demonstrate Defendant knew her conduct was illegal and wrongful, and that it was undertaken without the knowledge, permission, 0r consent 0f Julian Ting 0r Plaintiffs. Defendant’s conduct demonstrates a clear intent t0 intrude upon Plaintiffs’ privacy, and t0 obtain private and confidential information about Plaintiffs’ personal life, finances, and businesses without their knowledge and consent. 33. Plaintiffs reasonably believed their information was safe in the home 0f Julian Ting, and never suspected that Defendant would spy 0n her then-husband, access information 0n his locked and password-protected devices without his permission 0r knowledge, and use this improper access t0 copy private personal, financial, tax, and business information belonging to him and Plaintiffs. Defendant’s conduct is in clear Violation 0f widely held social norms regarding informational privacy, and the privacy 0f data stored 0n personal electronic devices. 34. Plaintiffs are informed and believe, and 0n that basis allege, that Defendant has shared the information she illegally obtained information with third parties in order to harm Plaintiffs’ business interests; t0 embarrass, harass, and annoy Plaintiffs; and t0 extort 0r otherwise obtain a financial advantage from Plaintiffs, and that she will continue to exploit Plaintiffs’ information t0 her advantage until she is forced t0 stop. Plaintiffs further believe, and 0n that basis allege, that Defendant also seeks t0 frame, extort, harm, punish, 0r Vilify Julian Ting because 0f the end 0f their marriage, and that she intends t0 use Plaintiffs’ private financial information to gain an advantage in the pending divorce proceedings. / / / / / / 10 Case No. COMPLAINT COBLENTZ PATCH DUFFY & BASS LLP ONE MONTGOMERY STREET, SUITE 3000, SAN FRANCISCO, CALIFORNIA 94lO4-5SOO FAX 4|5.989.|663 4|5.39|.48OO \OWQQUIhMNH NNNNNNNNNHHHHHHHHHH WQQUIhMNHGQWQQUIhMNHG Plaintiffs Demanded That Defendant Return And/Or Destrov Their Confidential Information, And Cease And Desist From Further Use Or Dissemination Of The Same. 35. On 0r about March 18, 2021, after attempting t0 ascertain the scope 0f Defendant’s unlawful actions, Plaintiffs demanded that Defendant, her agents, and others acting 0n her behalf, cease and desist from any further unauthorized acquisition, disclosure, use, communication, 0r dissemination, in any manner, of the information and documents obtained illegally and without the consent of Julian Ting or Plaintiffs. Plaintiffs further demanded that Defendant immediately destroy 0r return all misappropriated information in her possession, 0r in the possession 0f her agents 0r others acting 0n her behalf. 36. Plaintiffs requested that Defendant certify her compliance with these demands 0n 0r before Monday, March 22, 2021. She did not d0 so. In fact, as 0f the filing 0f this complaint, Defendant has not respond at all t0 Plaintiffs’ demand. 37. Plaintiffs have n0 other means, aside from this lawsuit, available t0 them t0 protect their interests and ensure the privacy and confidentiality 0f their information, and they will suffer further damage and irreparable harm unless Defendant’s conduct is immediately enj oined, and Defendant is required t0 return and/or destroy all 0f Plaintiffs’ records and other misappropriated property. Plaintiffs Are Harmed BV Defendant’s Ongoing Wrongful Conduct. 38. Defendant’s Violation 0f Plaintiffs’ privacy rights constitutes harm, which entitles Plaintiffs t0 recover for all damages caused by the invasion, even without a showing 0f specific loss. Plaintiffs have, however, been damaged, and have and will incur losses as a result 0f Defendant’s improper access t0, and use 0f, their private personal, financial, and business information, including as a result 0f competitive harm resulting from the misappropriation 0f trade secrets. 39. Additionally, Plaintiffs have suffered severe emotional distress, including embarrassment, anxiety, worry, nervousness, anger, shock, and humiliation, as a result 0f the illegal intrusion into their privacy, and their fear that Defendant will disclose their private personal and financial information, and cause irreparable harm t0 their business interest. Since 1 1 Case No. COMPLAINT COBLENTZ PATCH DUFFY & BASS LLP ONE MONTGOMERY STREET, SUITE 3000, SAN FRANCISCO, CALIFORNIA 94lO4-5SOO FAX 4|5.989.|663 4|5.39|.48OO \OWQQUIhMNH NNNNNNNNNHHHHHHHHHH WQQUIhMNHGQWQQUIhMNHG learning 0f the breach 0f their privacy and theft of their personal information, Plaintiffs have experienced insomnia, headaches, nausea, upset stomach, appetite changes, crying, depression, anxiety, and racing hearts. Plaintiff Nicole Ting-Yap, in particular, has suffered severe emotional distress due t0 the theft 0f her personal information and the Videos 0f the counseling sessions involving her family. Nicole Ting-Yap feels constantly unsafe and fearful, and has been prescribed anti-anxiety medications and anti-depressants t0 help manage her distress. FIRST CAUSE OF ACTION (Conversion - By All Plaintiffs Against Defendant) 40. Plaintiffs reallege and incorporate by reference each and every prior allegation 0f this Complaint as though fully set forth herein. 41. At all relevant times, Plaintiffs have been and are the owners, with the right t0 immediate possession, 0f information and documents accessed and copied from Julian Ting’s server, MacBook Pro, iPad, and iPhone. 42. Defendant knowingly, intentionally, and improperly obtained keys, passwords, and access codes, all 0f which were maintained in a secure manner and not voluntarily provided t0 her, in order t0 gain unauthorized access, dominion, and control over confidential information and documents 0n the server, MacBook Pro, iPad, and iPhone, without the knowledge 0r consent 0f Julian Ting 0r Plaintiffs. 43. Defendant has exercised wrongful dominion over Plaintiffs’ documents and information, including by retaining, copying, distributing, 0r otherwise using and disclosing Plaintiffs’ confidential information t0 third parties, also without Plaintiffs’ consent. 44. After discovering the misappropriations and conversions herein alleged, Plaintiffs made demand for the immediate return and/or destruction 0f its property. Defendant has failed t0 respond to 0r comply with Plaintiffs’ demand that all their property be returned and/or destroyed. Defendant’s continued wrongful refusal t0 return and/or destroy all 0f the property t0 Plaintiffs continues t0 interfere with Plaintiffs ‘right t0 exclusive enjoyment 0f its property, t0 their damage. 45. As a proximate result 0f Defendant’s conversion, Plaintiffs have been damaged in an amount t0 be determined at trial. 12 Case No. COMPLAINT COBLENTZ PATCH DUFFY & BASS LLP ONE MONTGOMERY STREET, SUITE 3000, SAN FRANCISCO, CALIFORNIA 94lO4-5SOO FAX 4|5.989.|663 4|5.39|.48OO \OWQQUIhMNH NNNNNNNNNHHHHHHHHHH WQQUIhMNHGQWQQUIhMNHG 46. Between the time 0f Defendant’s conversion 0f the above-described property and the filing of this complaint, Plaintiffs have expended time and money in pursuing the converted property, t0 Plaintiffs’ further damage in an amount t0 be determined at trial. 47. N0 adequate remedy at law exists for the injuries Plaintiffs have suffered, continue t0 suffer, and will suffer as a result 0f Defendant’s acts 0f conversion, and Plaintiffs will suffer further damage and irreparable harm unless Defendant’s conduct is enjoined, and Defendant is required t0 return and/or destroy all 0f Plaintiffs’ records and other misappropriated property, t0 return 0r destroy any records 0r information derived from the converted information and property, and Defendant is prevented from having any further physical access t0 the server. 48. Defendant’s acts 0f conversion were willful, knowing, wanton, malicious and oppressive, justifying an award 0f punitive damages. SECOND CAUSE OF ACTION (Common Law Tort Of Intrusion Into Private Affairs - By All Plaintiffs Against Defendant) 49. Plaintiffs reallege and incorporate by reference each and every prior allegation 0f this Complaint as though fully set forth herein. 50. At all relevant times, Plaintiffs had a reasonable expectation that their personal and confidential documents and information 0n Julian Ting’s server, MacBook Pro, iPad, and iPhone would remain private. These devices were stored under lock-and-key, and/or password protected, and Plaintiffs reasonably expected that this information would not be Viewed, obtained, accessed by, 0r shared with Defendant. Moreover, the information and documents stored 0n these devices concern subj ect matters which were confidential, and which Plaintiffs had a reasonable expectation would remain private. 5 1. Defendant intentionally, and without permission 0r consent, stole 0r surreptitiously obtained the keys, passwords, and passcodes necessary t0 access the private information and documents, and used these improperly obtained keys and access codes t0 gain unwanted access t0 the data 0n these devices by electronic 0r other covert means. Defendant then copied, 0r photographed, the material 0n these devices, and even engaged a third party vendor t0 transport, disassemble, and image in entire 12.88 terabyte server - a process that took approximately 46 13 Case No. COMPLAINT COBLENTZ PATCH DUFFY & BASS LLP ONE MONTGOMERY STREET, SUITE 3000, SAN FRANCISCO, CALIFORNIA 94lO4-5SOO FAX 4|5.989.|663 4|5.39|.48OO \OWQQUIhMNH NNNNNNNNNHHHHHHHHHH WQQUIhMNHGQWQQUIhMNHG hours. Defendant has since disseminated this information t0 third parties, without Plaintiffs’ knowledge 0r consent, and has refused t0 destroy, return, 0r stop the further use and dissemination of this information. 52. Plaintiffs are informed and believe, and therefore allege, that Defendant stole their confidential information in order t0 frame, extort, harm, punish, 0r Vilify Julian Ting because 0f the end 0f their marriage, and that she intends t0 use Plaintiffs’ private financial information to obtain a larger settlement in the pending divorce proceedings. This serious and unwarranted conduct is highly offensive t0 a reasonable person, and an egregious breach 0f social norms. 53. As a proximate result 0f this conduct, Plaintiffs’ privacy rights were invaded, by intrusion into private matters, and the public disclosure 0f private facts, causing mental suffering and anguish, and damages in an amount t0 be determined at trial. 54. Between the time 0f Defendant’s intrusion 0n Plaintiffs’ privacy described above and the filing of this complaint, Plaintiffs have expended time and money in pursuing the converted property, t0 Plaintiffs’ further damage in an amount t0 be determined at trial. 55. N0 adequate remedy at law exists for the injuries Plaintiffs have suffered, continue t0 suffer, and will suffer as a result 0f Defendant’s invasion of their privacy, and Plaintiffs will suffer further damage and irreparable harm unless Defendant’s conduct is enj oined, and Defendant is required t0 return and/or destroy all 0f Plaintiffs’ documents and other confidential information, and t0 return 0r destroy any records 0r information derived from the confidential information, and Defendant is prevented from having any further physical access t0 the server. 56. Defendant’s acts 0f intrusion into Plaintiffs’ private affairs were willful, knowing, wanton, malicious and oppressive, justifying an award 0f punitive damages. THIRD CAUSE OF ACTION Wiolation 0f California Constitutional Right T0 Privacy - By All Plaintiffs Against Defendant) 57. Plaintiffs reallege and incorporate by reference each and every prior allegation 0f this Complaint as though fully set forth herein. 58. At all relevant times, Plaintiffs had a legally protectable informational privacy interest that precludes the dissemination 0r misuse 0f their sensitive and confidential information, 14 Case No. COMPLAINT COBLENTZ PATCH DUFFY & BASS LLP ONE MONTGOMERY STREET, SUITE 3000, SAN FRANCISCO, CALIFORNIA 94lO4-5SOO FAX 4|5.989.|663 4|5.39|.48OO \OWQQUIhMNH NNNNNNNNNHHHHHHHHHH WQQUIhMNHGQWQQUIhMNHG including information concerning their private personal matters, financial affairs, business information, and tax information. Confidential personal and financial information, in whatever form it takes, is entitled t0 protection, and well-established social norms recognize the need t0 maximize individual control over the dissemination and use 0f information 0f this nature, in order t0 protect against embarrassment, indignity, or financial harm. 59. Plaintiffs had a reasonable expectation that their private and confidential documents and information 0n the server, MacBook Pro, iPad, and iPhone would remain private. These devices were stored under lock-and-key, and/or password protected, and Plaintiffs reasonably expected that this information would not be Viewed, obtained, accessed by, 0r shared with Defendant. 60. The information and documents stored 0n these devices concern subjects which are confidential and private under broadly-based and widely accepted community norms. Moreover, it is a serious and egregious breach 0f these same social norms t0 access documents and information stored 0n password protected devices, such as servers, laptops, and personal electronic devices, without the permission 0f the owner 0f the device 0r the owner 0f the information, and t0 surreptitiously discover and use another person’s passwords t0 gain this access without the device owner’s knowledge 0r consent. 61. Defendant has since disseminated this information t0 third parties, without Plaintiffs’ knowledge 0r consent, and has refused t0 destroy, return, 0r stop the further use and dissemination 0f this information. 62. As a proximate result 0f this conduct, Plaintiffs’ informational privacy rights were violated, causing mental suffering and anguish, and general and special damages in an amount t0 be determined at trial. 63. Since the discovery 0f Defendant’s intrusion 0n Plaintiffs’ privacy described above, Plaintiffs have expended time and money protecting their privacy, t0 Plaintiffs’ further damage in an amount t0 be determined at trial. 64. N0 adequate remedy at law exists for the injuries Plaintiffs have suffered, continue t0 suffer, and will suffer as a result 0f Defendant’s invasion of their privacy, and Plaintiffs will 15 Case No. COMPLAINT COBLENTZ PATCH DUFFY & BASS LLP ONE MONTGOMERY STREET, SUITE 3000, SAN FRANCISCO, CALIFORNIA 94lO4-5SOO FAX 4|5.989.|663 4|5.39|.48OO \OWQQUIhMNH NNNNNNNNNHHHHHHHHHH WQQUIhMNHGQWQQUIhMNHG suffer further damage and irreparable harm unless Defendant’s conduct is enj oined, and Defendant is required t0 return and/or destroy all 0f Plaintiffs’ documents and other confidential information, and t0 return 0r destroy any records 0r information derived from the confidential information, and Defendant is prevented from having any further physical access t0 the server. 65. Defendant’s acts 0f intrusion into Plaintiffs’ private affairs were willful, knowing, wanton, malicious and oppressive, justifying an award 0f punitive damages. FOURTH CAUSE OF ACTION Wiolation 0f the Comprehensive Computer Data and Access Fraud Act, Penal Code § 502 - By All Plaintiffs Against Defendant) 66. Plaintiffs reallege and incorporate by reference each and every prior allegation 0f this Complaint as though fully set forth herein. 67. At all relevant times, Plaintiffs were the owners 0f data and information stored 0n Julian Ting’s server, MacBook Pro, iPad, and iPhone. 68. Defendant knowingly, and without permission, accessed Plaintiffs’ data 0n Julian Ting’s server, MacBook Pro, iPad, and iPhone, and took copies and made use 0f the data from the computer systems, including supporting documentation about file structures 0n the server, also Without Plaintiffs’ permission. 69. Defendant knowingly, and without permission, accessed Plaintiffs’ data 0n Julian Ting’s server, and in the process altered, damaged, 0r deleted some 0f the files stored 0n the server. 70. As a proximate result 0f Defendant’s conduct, Plaintiffs have been damaged in an amount t0 be determined at trial, including as a result 0f mental suffering and anguish, harm to reputation and standing in the community, and harm t0 their businesses and financial interests. 71. Since the discovery 0f Defendant’s improper access, Plaintiffs have expended time and money in pursuing the return 0f their information, and t0 investigate the unauthorized computer access and resulting alteration, damage, 0r deletion 0f the improperly accessed files, to Plaintiffs’ further damage in an amount t0 be determined at trial. 72. N0 adequate remedy at law exists for the injuries Plaintiffs have suffered, continue t0 suffer, and will suffer as a result 0f Defendant’s Violation 0f the law, and Plaintiffs will suffer 16 Case No. COMPLAINT COBLENTZ PATCH DUFFY & BASS LLP ONE MONTGOMERY STREET, SUITE 3000, SAN FRANCISCO, CALIFORNIA 94lO4-5SOO FAX 4|5.989.|663 4|5.39|.48OO \OWQQUIhMNH NNNNNNNNNHHHHHHHHHH WQQUIhMNHGQWQQUIhMNHG further damage and irreparable harm unless Defendant’s conduct is enjoined, and Defendant is required t0 return and/or destroy all 0f Plaintiffs’ documents and other confidential information, and t0 return 0r destroy any records 0r information derived from the confidential information, and Defendant is prevented from having any further physical access t0 the server. 73. Defendant’s acts 0f intrusion into Plaintiffs’ private affairs were willful, knowing, wanton, malicious and oppressive, justifying an award 0f punitive damages. FIFTH CAUSE OF ACTION (Misappropriation 0f Trade Secrets - By Plaintiff Nicole Ting-Yap Against Defendant) 74. Plaintiffs reallege and incorporate by reference each and every prior allegation 0f this Complaint as though fully set forth herein. 75. At all relevant times, Plaintiff Nicole Ting-Yap was the owner and/or licensee, and had the immediate right t0 possess, trade secret information concerning fifteen different entities for which she was the custodian 0f records. 76. The trade secrets relate t0 product designs, marketing plans, business strategies, future commercial transactions, pricing information, and profit margins, and were trade secrets at the time that Defendant misappropriated them. The information was not a matter 0f public knowledge, 0r 0f general knowledge in the trade 0r business. Plaintiff Nicole Ting-Yap, and the entities whose trade secrets she held, have taken reasonable efforts t0 keep this information secret, and the trade secrets derived actual 0r potential independent economic value because they were secret. 77. Defendant misappropriated PlaintiffNicole Ting-Yap’s trade secrets by illegally obtaining, using, and disclosing the confidential and proprietary business information. 78. As a direct and proximate cause 0f Defendants’ wrongful conduct, Nicole Ting- Yap has suffered and will continue t0 suffer incalculable financial losses, imminent and permanent irreparable harm, loss 0f the confidentiality 0f her trade secrets, loss 0f goodwill, loss 0f business opportunities, and other continuing harm, in an amount t0 be proven at trial. / / / / / / 17 Case No. COMPLAINT COBLENTZ PATCH DUFFY & BASS LLP ONE MONTGOMERY STREET, SUITE 3000, SAN FRANCISCO, CALIFORNIA 94lO4-5SOO FAX 4|5.989.|663 4|5.39|.48OO \OWQQUIhMNH NNNNNNNNNHHHHHHHHHH WQQUIhMNHGQWQQUIhMNHG 79. Defendant acquired Plaintiff Nicole Ting-Yap’s trade secrets and proprietary information by improper means, and knew 0r should have known that this information was acquired by improper means. 80. Defendant improperly used 0r disclosed Plaintiff Nicole Ting-Yap’s information when she knew 0r should have known that that information was t0 be kept confidential and was not t0 be used 0r disclosed t0 third parties. 81. N0 adequate remedy at law exists for the injuries Nicole Ting-Yap has suffered, continue t0 suffer, and will suffer as a result 0f Defendant’s misappropriation 0f her trade secrets and Plaintiff Nicole Ting-Yap will suffer further damage and irreparable harm unless Defendant’s conduct is enjoined, and Defendant is required t0 return and/or destroy all 0f Plaintiff Nicole Ting-Yap’s documents and other trade secret information, and t0 return 0r destroy any records 0r information derived from the trade secret, and Defendant is prevented from having any further physical access t0 the server. 82. Defendant’s misappropriate 0f Plaintiff Nicole Ting-Yap’s trade secrets were willful, knowing, wanton, malicious and oppressive, justifying an award 0f punitive damages. SIXTH CAUSE OF ACTION (Intentional Infliction 0f Emotional Distress - By All Plaintiffs Against Defendant) 83. Plaintiffs reallege and incorporate by reference each and every prior allegation 0f this Complaint as though fully set forth herein. 84. Defendant’s conduct was extreme and outrageous, exceeded the bounds 0f decency, and is the type 0f conduct that is not usually considered tolerable in a civilized community. 85 . Defendant’s conduct was undertaken with the intent t0 cause Plaintiffs harm, or with reckless disregard 0f the probability that Plaintiffs would suffer emotional distress as a result 0f Defendant’s theft and improper use 0f their private information. 86. As a direct and proximate result 0f Defendant’s conduct, Plaintiffs have suffered, and will continue t0 suffer, severe and enduring emotional distress, including embarrassment, anxiety, fear, worry, nervousness, anger, shock, and humiliation, which n0 reasonable person in civilized society should be expected t0 endure, in an amount t0 be determined at trial. 18 Case No. COMPLAINT COBLENTZ PATCH DUFFY & BASS LLP ONE MONTGOMERY STREET, SUITE 3000, SAN FRANCISCO, CALIFORNIA 94lO4-5SOO FAX 4|5.989.|663 4|5.39|.48OO \OWQQUIhMNH NNNNNNNNNHHHHHHHHHH WQQUIhMNHGQWQQUIhMNHG 87. Defendant’s acts were willful, knowing, wanton, malicious and oppressive, justifying an award 0f punitive damages. DEMAND FOR JURY 88. Plaintiffs hereby demand a trial by jury 0n all issues so triable. PRAYER WHEREFORE, Plaintiffs pray for judgment follows: 1. For the return and/or destruction 0f the information converted and misappropriated by Defendant, that is in Defendant’s possession 0r in the possession 0f her agents; 2. For preliminary and permanent injunctive relief enjoining Defendant from Viewing, copying, photographing, disseminating, accessing, or otherwise using, in any manner, Plaintiffs’ information; 3. For preliminary and permanent injunctive relief enjoining Defendant from remotely 0r physically accessing the server 0r any devices containing Plaintiffs’ information; 4. For an order granting Plaintiffs and/or their agents rights 0f physical access t0 the server containing their personal information, so that Plaintiffs may investigate damage t0 the server; confirm what information has been accessed, altered and deleted; and remove their personal information from the server; 5. For general and special compensatory damages; 6. For exemplary and punitive damages; 7. For pre-judgment and post-judgment interest t0 the maximum extent and at the maximum rates allowed by law; 8. For attorney’s fees pursuant t0 California Penal Code section 502 and Civil Code section 3426.4; 9. For Plaintiffs’ costs 0f suit; / / / / / / / / / / / / 19 Case No. COMPLAINT COBLENTZ PATCH DUFFY & BASS LLP ONE MONTGOMERY STREET, SUITE 3000, SAN FRANCISCO, CALIFORNIA 94lO4-5500 FAX 4|5.989.|663 4|5.39|.4800 - ©W\IO\UI&UJN# NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t WQGNUIhMNHGQWQO‘NUIhMNHC 10. For such other and further relief as the Court deems just and proper. DATED: March 24, 2021 1062 1 .002 4833-02 10-608 1 .3 COBLENTZ PATCH DUFFY & BASS LLP By: SHVfiagM s SKY N Attorn s 0r Plaintl fs ANNE TING, JACK TING, and NICOLE TING-YAP 20 Case No. COMPLAINT