DeclarationCal. Super. - 6th Dist.March 24, 2021COBLENTZ PATCH DUFFY & BASS LLP ONE MONTGOMERY STREET. SUIT: BOOO. SAN FRANCIsco‘ CALIFORNIA 94IO4-SSOO FAX 4|5.959.l663 415.391.4800 10 ll SCOTT C. HALL (State Bar N0. 232492) SKYE LANGS (State BarNo. 287908) - m E gm EEMLYN MANDEL (State Bar N0. 3 1 0403) COBLENTZ PATCH DUFFY & BASS LLP One Montgomely Street, Suite 3000 MAY '4 0 2021 San Francisco, California 94104-5500 Telephone: 415.391 .4800 Clerk 0 k CO rt Facsimile: 415.939.1663 SWWCWMCA W mom Email: ef-sch@cpdb.com BY ef-sdl@cpdb.c0m ef-erm@cpdb.c0m BY FAX Attorneys for Plaintiffs i; - ANNE TING, JACK TING, .- ‘ and NICOLE TING-YAP SUPERIOR COURT OF THE STATE 0F CALIFORNIA COUNTY OF SANTA CLARA ANNE TING, an individual; JACK TING, Case No. 21 CV381 1 10 an individual; and NICOLE TING-YAP, an individual, _ . DECLARATION 0F JULIAN TING IN Plamtlffs, SUPPORT 0F TEMPORARY RESTRAINING ORDER APPLICATION v. PANIDA CHINSUPAKUL, an IndIVlduaI; Trial Dale: None Set and DOES 1 through 10, Defendant. DECLARATION OF JULIAN TING I, JULIAN TING, declare as follows: 1. I am the son ofPlaintiffs Anne Ting and Jack Ting, and the brother ofPlaintiff Nicole Ting-Yap. I am also the soon-to-be ex-husband ofDefendam Panida Chinsupakul, and ‘ shared a home with her during the occurrence ofmany ol‘the events relevant l0 [his dispute. I have personal knowledge of‘Ihe facts set forth herein, except as lo those stated 0n info'l'mation and belief and, as to those, I am informed and believe them l0 be true. If‘called as a witness, I could ‘H and would competently testify 10 the matters stated herein mmom 4844626302023 1 Case NB! 2 I CV38 I_I I0" DECLARATION OF JULIAN TING IN SUPPORT OF TEMPORARY RESTRAINING ORDER APPLICATION COBLENTZ PATCH DUFFY & BASS LLP ONE MONTGOMERV STREET. SUITE 3000, SAN FRAN_CI5CO. CALIFORNM 94lO4-5500 FAX 4l5.989‘|663 4|5.39|.4BOO 10 11 12 13 14 15 16 l7 18 19 20 21 22 23 24 26 27 28 2. Between approximately October 3 1, 201 9, and continuing until 0n 0r about .October 16, 2020, Defendant accessed my server, MacBook Pro, iPad, and iPhone without my permission, and photographed, imaged, and/or copied private and confidential information on these devices without my knowledge, consent, 01' permission, and without the permission 0f the owners OfIhe data contained 0n these devices, which includes my mother, Anne Ting, my father, Jack Ting, and my sister, Nicole Ting-Yap, the plaintiffs in this case. Defendanéh‘as shared this information with third parties, including her agents and individuals acting on her]; Uighalfin connection with our marital dissolution proceedings. She has also used some of thils infonnation in filings in 0111' marital dissolution proceedings. For example, she has filed shareholder and company infonnation belonging to my sister in an attempt t0 show I own assets that I d0 not, in fact, own, but that my sister docs. 3. Since July of2020, my server has been located in the garage ofthe Los Altos home I shared, at the time, with Defendant. It was protected by a locked data cage. I was the only person with a key 10 the data cage. I did not allow any individual, including Defendant, to physically access the sewer without my knowledge 0r permission. 4. The server, which is a physical device resembling a black cube and weighing slightly over nine pounds, is a sophisticated and complex system. In addition t0 five 4-terabyte hard drives, it has hardware features, including its oxvn independent Intel Microprocessor. It does not rely 0n a host computer t0 operate. It has 4 gigabytes ofRAM. It mns on its own operating system, called Synology Disk Station Manager, which allows for management 0f digital assets across devices, and includes, among other features, file sharing, file syncing, and data backup. Configuration 0fthe operating system and applications can only be accessed through its web interface, which is driven by a web server. Data can only be loaded on the device via its network connection, which is 4 gigabit ethernet ports. 5. The sewer communicates with. and is connected 10: other devices, including laptops and mobile devices. One way it does this is through a feature called “Cloud Station,” which is a file sharing service that allows users [0 synchronize files between the server and i; ' multiple other devices, computers, and mobiles. In order t0 d0 this, the server lécated in [he data 18786.00] 4844-3263-92023 7 gase No. 2 [CV38] I 10 DECLARATION OF JULIAN TING IN SUPPORT 0F TEMPORARY RESTRAINING ORDER APPLICATION COBLENTZ PATCH DUFFY & BASS LLP ONE MONTGOMERY STREET, SUITE 3000. SAN FRANCISCO. CALIFORNIA 94I04-5500 FAX 4|5‘939.1663 415.39|.4BOO UI m'xl 10 11 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 cage in my garage was set as the host server: and I then paired other devices to the server. I paired my MacBook Pro laptop, which travels with me wherever] go, and Nicole’s computer located in Malaysia. By pairing thesé devices to the sewer, it allows the files from the server t0 synchronize with the paired devices and updates our digital filing cabinets 0n our paired devices in real time, allowing me to access and monitor the digital filing cabinets. The server’sspftware accomplishes the synchronization by creating a sccure encrypted link between our pairedEFrélomputers apd the I s v server. The server also continuously backs up all 0fthe family’s Apple Maic‘jfzomputersiover the local area network in the house applying the back-up frequency rules of Applle’s Time Machine protocol. 6. In addition to data storage, the server runs a multitude ofapplications independent 0f any other computer. These applications, which are cunently installed and running 0n the server, include a video station, photo station, and iTunes station. These applications enable the server to transmit movies, music, and photographs to the Apple TV device attached t0 the local area network in the house, as Well as any paired Cénlputer, iPad, or iPhone on the same local network. In addition, the server is capable of numerous other applications, including e-mail hosting and setting up a VPN environment. It essentially Operates as a private cloud computing device. 7. The sewer contains 12.88 terabytes, divided into l3 different partitions. Each user with access t0 the server has a unique username and password, which gives them the ability to access only specified partitions with the administrator's permission. I am the administrator 0fthe sewer, and the only person with the ability to issue new usernames 0r passwords, 0r to grant a user access t0 particulér partitions. I used a password 10 log in as the administrator ofthe server, and never shared this administrator password with anyone, including Defendant. 8. I provided my sister, Nicole Ting-Yap with her own partition 0n the server. Nicole could access her partition with her unique username and password. Ifany other person wanted to access [he information on Nicole’s partition, I woutld need t0 give them a Lisername and password, and permissions that would allow them 10 access [he partition. Nicole’s partition is only accessible by Lhrea people - Nicole Ting-Yap, Nicole Ting-Yap’s assistant: and me. 1873mm 4344-3263-02038 3 [-i' Case No. 210/381 1 IO DECLARATION OF JULIAN TING 1N SUPPORT OF TEMPORARY RESTRAINING ORDER APPLICATION CoaLENTz PATCH DUFFY & BASS LLP ONE MONTGOMERY STREET. SUITE 3000. SAN FRANCISCO, CALIFORNIA 94IO4-5500 FAX 4|5.959.l663 415.39 | .4800 10 11 12 I3 14 15 I6 17 18 l9 20 21 22 23 24 26 27 28 9. I also stored private infomlation belonging t0 Plaintiffs on other partitions ofthe server. This information was provided 10 me in connection with the consulting and advising services I provided to Plaintiffs. For example, I am a Director for two entities (JCT Holdings Sdn. Bhd. and Setima Sdn. Bhd.) that belong to Nicole Ting-Yap and others, excluding myself. I have held no interest in either 0fthose entities since 1999 or 2000. Defendant and I were married in March 2001. I have also served as my mother’s agent in legal diSput}; and provigle my father with business and financial advice. This information was stored 0n azrqsas 0f the selrver that were password protected, and accessible to only me. I did not share the passlword with Defendant, and I did not give Defendant the permissions she needed t0 access the information. 10. I also received, viewed, and stored Plaintiffs private information 0n my MacBook Pro, iPad, and iPhone, as well as my iCloud Account, in connection with the consulting and advising work I did for my family, as described above. A11 ofthese devices and my iCloud Account were password protected. I did not share the passwords with anyone, including Defendant, nor did I allow other people t0 use these devices without my knowledge or consent, including Defendant. I was also careful t0 keep the devices locked when I was not using them. 11. For approximately 46-hours, starting on October 14, 2020 and continuing through October 16, 2020, while I was in Australia, the server was shut down for approximately 46 hours. The server runs continuously and it is unusual for the log t0 show such a long period between shutdown and restart, unless WE were moving house. Attached as Exhibit I is the server log showing this event. I informed my family about this shutdown shortly after December 3, 2020. 12. I did not authorize the shutdOWn 0f the sewer, and it was done without my knowledge or permission. The only way the server could be shut down is ifsomeone broke into the data cage. I believe that Defendant 01' her agents unlawfully accessed and copied the server. I believe this because, given the amount 0f data 0n [he server, it is plausible to me that it would have taken approximately 46 hours [0 copy its contents. Additionally, the shutdown occurred while I was in hotel quarantine in Sydney, Australia, after Defendant had filed for divorce but before she served me with divorce papers Since that time, she has served discovery requests H ‘ asking about entities and real property belonging l0 PlaintiffNicole Ting-Yap, her husband, and Ismo‘om 4844626332028 4 lb jCa'ée No. 2] CV38! l 10 DECLARATION OF JULIAN TING IN SUPPORT OF TEMPORARY RESTRAINING ORDER APPLICATION COBLENTZ PATCH DUFFY & BASS LLP ONE MONTGOMERV STREET. SUITE 3000. SAN FRANCISCO. CALIFORNIA 94IO4-5500 FAX 4| 5.989Al663 4l5‘39l,4BOO 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 her in-laws, as well as entities and real property belonging t0 my father and mother in Australia, that she would not know about unless she had seen some ofPIaintiffs’ private information 0n the sewer. Her attorneys have also recently admitted that they have copies of all the information that was stored 0n the selver. Her divorce attorney has also said that he has evidence that I have undisclosed foreign assets and income, which is false, but I belie'ye he came t0 this incorrect conclusion based on information found in I116 sewer. I also kn v that Defendant has engaged forensic accountants and cybersecurity experts, and I believe thgdtighey are relyiewing the documents that Defendant obtained from the server. Defendant’s] attorney has admitted t0 making a “forensic copy” of the server, which they used t0 restore, replicate, and access the data. And finally, as described further below, Defendant has provided me with copies ofmy family’s private information, which she has obtained from other sources and by viewing the contents 0f the server via my personal MacBook Pro without my permission, which leads me to believe that the shutdown of the server was part 0f a coordinated effort to take information in the hopes that she could use it against me in the divorce proceedings. I3. Since the server was restarted 0n 01' about October 16, 2020, some ofthe files it contains can no longer be accessed or downloaded, and appear to have been altered, damaged, 0r deleted as a result 0f it being shut down. 14. On or about Februaly 16, 2021, in response t0 discovery requests I served in the divorce proceedings, Defendant provided me with some photographs that I had never seen before. These photographs were pictures ofthe screen ofmy MacBook Pro, iPad, and iPhone, which were taken between October of2019 and July of 2020, and were taken without my knowledge or consent. I did not give Defendant permission to my MacBook Pro, iPad, and iPhone, 01‘ take pictures 0ftheir contents. I believe that Defendant only could have learned my passwords by observing me, and seeing the keyslrokes and codes I used to log in, without my knowledge. 15. The photographs ofmy MacBook Pro: iPad, and iPhone screens show private and confidential information belonging to Plaintiffs. Some of‘Ihe pictures from my MacBook screen Show file directories 0n the server, which I believe Defendant used to decide which portions Ofthe 5; ,_ 13730.00I4844520332013 5 11‘ f '4 CaseNo.2iCV38HlO DECLARATION 0F JULIAN TING IN SUPPORT OF TEMPORARY RESTRAINING ORDER APPLICATION COBLENTZ PATCH DUFFY 5. BASS LLP ONE MONTGOMERY STREET. SUITE 3000. SAN FRANCISCO. CALIFORNIA 94IO4-5500 FAX 4l5‘989,|663 4|5.39l‘4800 4300 Ul 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 server to access, and to understand and organize the information she i1legally obtained from the server. 16. Plaintiffs’ private information, which I had on my sewer, MacBook Pro, iPad, and iPhone, belonged t0 them, and they had an immediate right t0 possess it at all times. At their request, I would have retumed or permanently deleted the information immediately. I declare under penalty ofperjury under the laws githe State ofCalifomia that the foregoing is true and correct. l’ i; I Executed 0n this 13th day ofMay, 2021, at Sydney,lAustralia. Documgnea by: Mm TM 808627ADSB1341C... JULIAN TING i: lmaom 4344-3203-9202.8 6 [1‘ ‘ " Case No. 2 I CV381 I IO DECLARATION OF JULIAN TING IN SUPPORT OF TEMPORARY RESTRAINING ORDER APPLICATION Exhibit I 3f26/2021 Exh.fl - Julian sysrog_2020-1 2-a-o_22_37.h2ml System Level H Log II Time H User H Event Information System 2020/11/14 21:40:11 SYSTEM System successfully checked consistency of Storage Pool [1]. Information System 2020/10/16 21:48:10 SYSTEM System successfully checked consistency of Storage Pool [1]- Information System 2020/1 0/16 17:10:08 SYSTEM [Cloud Station] service was started. Information System 2020/10/16 17:10:00 SYSTEM [Cloud Syncflservice waslstarted. I i y Warning System 2020/10/16 17:09:53 SYSTEM Space of[Volu}fhe 1] was feaching the limit. Information System 2020/1 0/14 18:49:52 SYSTEM [Cloud Sync] service was stopped. Infomlation System 2020/1 0/1 4 18:49:52 SYSTEM [Cloud'StaIion] service was stopped. Information System 2020/1 0/1 4 18:49:40 SYSTEM Server started counting down to shutdown. Information System 2020/09/26 18: 1 7:03 SYSTEM [LAN 4 (slave)] link up. Information System 2020/09/26 18: l 7:03 SYSTEM [LAN 3 (slave)] link up. Information System 2020/09/26 18: 1 7:03 SYSTEM [LAN 2 (slave)] link up. Information System 2020/09/26 18: 1 7:01 SYSTEM [LAN 1 (slave)] link up. Information System 2020/09/26 18: 1 7:00 SYSTEM [LAN 4 (slave)] link down. Information System 2020/09/26 18: 1 7:00 SYSTEM [LAN 3 (slave)] link down. 7 Information System 2020/09/26 18: 1 7:00 SYSTEM [LAN 2 (slave)] link down. Information System 2020/09/26 18: 1 6:59 SYSTEM [LAN l (slave)] link down. Information System 2020/09/26 18: 1 3:53 SYSTEM [LAN 4 (slave)] link up. lnfommalion System 2020/09/26 18: l 3:53 SYSTEM [LAN 3 (slave)] link up. Infommlion System 2020/09/26 18: 1 3:53 SYSTEM [LAN 2 (slave)] link up. Information System 2020/09/26 18: 1 3:52 SYSTEM [LAN 1 (slave)] link up. Information System 2020/09/26 18: l 3:46 SYSTEM [LAN 4 (51615)] link dQWQ. ' l ll flle:/liL:/LITACT|VE/TEMP_Ting/exhibits/Exh. _ - Julian syslog_2020-1 2-8-0_22_37‘hlm| 11447
