DeclarationCal. Super. - 6th Dist.March 24, 2021COBLENTZ PATCH DUFFY & BASS LLP ONE MONTGOMERY STREET, SUITE BOOO. SAN FRANCISCO. CALIFORNIA 94IO4-SSOO FAX 4!5.989.I663 4|5.39I.4800 - LR UI 10 11 12 13 14 15 16 17 13 19 20 21 22 23 24 26 27 28 SCOTT C. HALL (State BarNo. 232492) E L ESKYE LANGS (State Bar N0. 287908) V EMLYN MANDEL (State Bar No. 310403) _".§._ COBLENTZ PATCH DUFFY & BASS LLP MAY z 0 2021 One Montgomew Street, Suite 3000 BY FAX San Francisco, California 94104-5500 C'erk of the rt Telephone: 415.391.4800 SunaflorCoun A00 ryotSamaCIara Facsimile: 415.989.16633 ‘ BY DEPUTY Email: ef-sch@cpdb.com {VERA ef-sdl@cpdb.c0m «j ef-erm@cpdb.com e: Attorneys for Plaintiffs L i; ANNE TING, JACK TING, r and NICOLE TING-YAP SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA ANNE TING, an individual; JACK TING, Case N0. 21CV381 1 10 an individual; and NICOLE TING-YAP, an individual, DECLARATION OF ANNE TING IN Plaintiffs, " SUPPORT 0F TEMPORARY RESTRAINING ORDER APPLICATION V. PANIDA CHINSUPAKUL, an indiVidua]; Trial Date: None Set and DOES 1 through 10, Defendant. DECLARATION OF ANNE TING I, ANNE TING: declare as follows: l. I am a party in the above-entitled action. I have personal knowledge 01‘th facts set forth herein, except as t0 those stated 0n information and belief and, as t0 those. I am informed and believe them to be true. Ifcalled as a witness, I could and would competently testify l0 [he . nu; matters slated herein. 2. I reside in Sydney, Australia. Julian Ting is my son, Plaintiff‘Jack Ting is my H . ' husband, and PlaimiffNicole TingiiYap is my daughter. 10621.002 4343477638253 .1? ' "1 Case NoA 2 I CV3 8| I IO DECLARATION OF ANNE TING IN SUPPORT OF TEMPORARY RESTRAINING ORDER APPLICATION COBLENTZ PATCH DUFFY & BASS LLP ON: MONTGOMERY STREET. SUITE 3000. SAN FRANCISCO, CALIFORNIA 94lO4-SSOO F'Ax 4|5.989.I663 4|5.39|.4800 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 3. On 0r about Febmary 16, 202], Julian informed me that Defendant Panida Chinsupakul had provided him with copies of some ofdocuments, information, photographs, and screenshots that he believed she had illegally obtained. These documents included personal, financial, business, and tax information that belonged t0 me, my husband, and my daughter. 4. Some ofthe photographs Defendant took, Which she Iater gave Julian copies 0f. wexe pictmes ofmy private ilirformation Attached as Exhibit A ls one oflhese documents. The original photograph shows all qfiy pelsonal information, which I have ledacted 1n Olden t0 plotect my privacy. 5. The information in Exhibit A belongs t0 me and concerns a matter I had before the Australian Tax Office (ATO). It includes attorney-client privileged and work product infonnation, as well as detailed information about loans, real estate transactions, and my finances. Julian had [his information 0n his iPad because I designated Julian as my agent in connection with the matter and authorized my attorneys tovcommunicate with him t0 facilitate the provision oflegal advice. He was helping me gather and organize information related t0 the dispute. 6. Defendant also took pictures 0f another document containing my private, attorney- client privileged information, which had Julian’s notes regarding communications with my attorney regarding the dispute. As with Exhibit A, Julian had this infonnation because he was acting as my agent, and was authorized t0 communicate with my lawyers, in regards 10 [he ATO diSpule. 7. The information described in paragraphs 4, 5, and 6 belonged 10 me, and I had an immediate right t0 possess it. At my request, Julian would have immediately returned this information 10 me, 0r he would have permanently deleted it. Julian did not have my consent 10 share [his information without my permission. 8. I trusted and believed that Julian would keep my confidential financial information privale. I never expected that Defendant would be able t0 view, copy. 0r photograph lhe < information I provided [0 Julian, 01‘ that-she would be able t0 gain access 10 my fvml'fivalc financial and tax information, 01‘ my attorney-client privileged information. without my knowledge 0r i; consent. I did 1101 give Defbfidant permission-t‘o see my private information- and she did so 106211102 4843477638263 Ji‘ _j " 2 Case No, 2 I CV38| l 10 DECLARATION OF ANNE TING IN SUPPORT OF TEMPORARY RESTRAINING ORDER APPLICATION COBLENTZ PATCH DUFFY & BASS LLP ONE MONTGOMERY STREET. Sun: 3000. SAN FRANCISCO. CALIFORMA 94IO4-SSOO FAX 4l5‘989_l663 4!S‘39|.4BOO 10 11 12 13 14 15 16 17 18 l9 20 2] 22 23 24 26 27 28 without my knowledge. I believe that Defendant gained access Io my information by spying 0n Julian 10 discover his passwords, and then using them to access my private information without his 0r my knowledge. 9. Sometime around December 3, 2020, Julian informed me that the server in his home had been compromised. He later informed me that it had been shut down for an approximately 46-hour $¢riod withogt his consent, while he in AUStralia. At the time, I had no I 3 . further information abofit hwhy the selrver was shut dOWn, 0r what might have happened during that time. l 10. Since seeing the pictures Defendant took ofJulian’s iPad, I have come t0 believe that Defendant most likely caused the server to be shut down, and that she probably had the contents 0fthe sewer COpied while it was shut down. I 1. This worries me, because Julian maintains a lot 0f my private and confidential information 0n his server, which I gave to him in connection with the help he provides me 0n my lax matters, real estate transactions, and stock market investments. The information ofmine that is on his server belongs to me, and I have an immediate right t0 possess i1. AI my request, Julian would have immediately retumed this information t0 me, 0r he would have permanently deleted it. Julian did not have fily consent t0 share this information without my permission. I trusted Julian with this information because I knew the server was kept in a secure location, and that my information was protected by passwords known only t0 Julian. I never expected that Defendant would be able t0 View, copy, 0r access any ofmy private information 0n the server. I did n01 give Defendant permission t0 view 01‘ access any ofmy private information 0n the server. 12. I believe that Defendant took my personal information because she wants t0 use it against Julian in their divorce proceeding, and to frame, extort, harm, punish. or vilify Julian because of‘tlle end oflheir marriage; t0 embarrass, harass, and annoy me; and l0 extort 01‘ otherwise obtain a financial advantage from me. I am afraid that ifshe is not st0pped. she \‘i’ilI publicly disclose all my private information. m. 13. Defendant's actions have harmed me by invading my privacy. In addition. I have i; ‘ and will incur losses asgh result ofDet‘endant’s impmper access lo, and use 01'. my private Ioozlvnoz 43434776-98263 bl ‘ " 3 Case No. 2 I CV381 1 i0 DECLARATION OF ANNE TING IN SUPPORT OF TEMPORARY RESTRAINING ORDER APPLICATION COBLENTZ PATCH DUFFY & BASS LLP SUITE SOOO. SAN FRANCISCO. CALIFORNIA 94I04-SSOO ONE MONTGOMERY STREET. FAX 4IS,989V1663 4|5‘39|,4BOO OWOOQ 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 personal, financial, tax, and business information. I have expended time and money trying to get Defendant to return 0r destroy my private information, 10 secure the privacy ofmy information, and to ensure that the disclosure of the information does not harm me in any future tax dispute before the ATO. I also expect t0 spend money investigating the damage she may have caused t0 the server. k 14. Thiéiintrusion in‘to my privacy has caused me emotional distress, such as embarrassment, atéxifiety, worry? nervousness, anger, shock, and humiliation. 1 am very afraid that Defendant will discliose my private personal and financial information, and cause irreparable harm t0 me by causing the ATO to re-Open my tax dispute, which is not active at the moment. Since learning 0fthe breach ofmy privacy and theft 0f my personal information, I have experienced insomnia, headaches, nausea, upset stomach, appetite changes, crying, depression, anxiety, and heart palpitations. I declare under penalty ofperjury under the laws 0f the State of California that the foregoing is true and congct. Executed on this 291h day OfMarch, 2021, at Sydney, Australia. DocuSigned by: Rm Tim WfizfiqééG i; ’L I062L0024s43-477e-932Ja'i3 ‘ " 4 Case No. 2|CV381 I IO DECLARATION 0F ANNE TING 1N SUPPORT OF TEMPORARY RESTRAINING ORDER APPLICATION Exhibit A 52w AM s_un-M-arts' E" ?ifii 7 :77 '1.“ 7 7 i L ML- }? 'g __J§_ Z ( {3‘32” 7 r .) f ‘ gm“ I ‘; ‘- l g 93:15 I {Ed L 1/ LC ELEV ’ 1" :3 l l" . ' |!-:--‘ --:- ‘--- -‘--‘: :{‘:-' - - i‘mm 7r -7 w“ :- Y Ifleiwerabie No. Scheduie A (1) Schedule A (2) (é) Schedule A(Z) (b) schedule m3) '80hédule B1 U Schedule Bifla) :Qphmaum Rom! Workmg Papers fol? Answers tQ _' _ Property Details f0r Refinancmg Loan for Workmg Papers for E _ Rank .Qfgfmmmrfie en annnrfinn $54“; -_~.._.. ;::-':.-.:::'..j“=5i--'.=:'-.: - 1:5 'r
