Notice Entry of Order

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

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\UIADJNH NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t WQGNUIhMNHG©WQONUIRMNHO 21 CV381 1 1 0 Santa Clara - Civil A. Flores 3 Electronically Filed by Superior Court of CA, County of Santa Clara, SCOTT C. HALL (State Bar N0. 232492) SKYE LANGS (State Bar N0. 287908) EMLYN MANDEL (State Bar N0. 3 10403) COBLENTZ PATCH DUFFY & BASS LLP 0n 9/1 5/2021 4:33 PM One Montgomery Street, Suite 3000 ReVIewed By: A. Floresca San Francisco, California 94 104-5500 Case #21 CV381 1 1 0 Telaphone: 415.391 .4800 Envelope: 72741 18 Facsimile: 4 1 5.989. 1 663 Email: ef-sch@cpdb.com ef-sdl@cpdb.com ef-erm@coblentzlaw.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. 21CV381 1 10 an individual; and NICOLE TING-YAP, an individual, NOTICE OF ENTRY OF ORDER FOR PRELIMINARY INJUNCTION Plaintiffs, V. PANIDA CHINSUPAKUL, an individual; and DOES 1 through 10, Action Filed: March 24, 2021 Defendants. Trial Date: None Set TO THE PARTIES HEREIN AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on September 14, 2021, the Court entered an Order for Preliminary Injunction. A true and correct copy 0f the Order is attached hereto as Exhibit A. DATED: September 15, 2021 COBLENTZ PATCH DUFFY & BASS LLP Attorneys for Plaintiffs ANNE TING, JACK TING, and NICOLE TING-YAP Case No. 21CV381110 NOTICE OF ENTRY OF ORDER FOR PRELIMINARY INJUNCTION Exhibit A COBLENTZ PATCH DUFFY & BASS LLP ONE MONTGOMERY STREET, SUITE 3000, SAN FRANCISCO, CALIFORNIA 94I04-5500 FAx 4|5.989.l663 4|5.39|.4800 - CWQQUIAMND-k NNNNNNNNNHHr-It-Ir-tr-tn-tr-Ar-AH mqamhMNHceooxlcNUI-thr-tc FILED SEP ' 4 2021 Sylvia Roman Courtroom Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA ANNE TING, an individual; JACK TING, an individual; and NICOLE TING-YAP, an individual, Plaintiffs, v. PANIDA CHINSUPAKUL, an individual; and DOES 1 through 10, Defendant. 1 Case No. 21CV381110 pp ORDER FOR PRELIMINARY INJUNCTION Trial Date: None Set Case No. 21CV381110 [PROPOSED] ORDER FOR PRELIMINARY INJUNCTION COBLENTZ PATCH DUFFY & BASS LLP ONE MONTGOMERY STREET, SUITE 3000, SAN FRANCISCO, CALIFORNIA 94IO4-5500 FAX 4l5.989.|663 4|5.39|.4800 - WWQQUI-RMNH NNNNNNNNNv-tt-IHHHHHr-AHH OoqcxmhuNchooanI-thr-tc On May 20, 2021, Plaintiffs Anne Ting, Jack Ting, and Nicole Ting-Yap (collectively, “P1aintiffs”) made an Ex Parte Application For Temporary Restraining Order And Order To Show Cause Why Preliminary Injunction Should Not Issue (“Application”). On June 3, 2021, the Court granted the Temporary Restraining Order in part and ordered Defendant Panida Chinsupakul (“Defendant”) to show cause Why a preliminary injunction should not issue. On July 15, 2021, in Depanment 12 of this Court, the Honorable Cynthilla C. Lie presiding, the Court extended the Temporary Restraining Order, and set a further hearing for August 26, 2021, which was then continued to September 9, 2021. On September 9, 2021, the matter came before Department 12 of this Court, the Honorable Nahal Iravani-Sani presiding. After full consideration of the Complaint, the Application and all briefing and evidence filed in support thereof, all papers and evidence submitted in opposition by Defendant, all pleading, papers, and files in the matter, as well as the oral arguments presented by the parties, this Court finds pursuant t0 California Code of Civil Procedure section 526 that Plaintiffs are likely to succeed on the merits of their claims, and that the balance of equities weigh in their favor, and therefore GRANTS the requested Preliminary Injunction. IT IS HEREBY ORDERED THAT pending a final resolution of the above-captioned matter, the Court hereby: 1. Enjoins Defendant from using, viewing, copying, photographing, disseminating, accessing, 0r otherwise using, in any manner, any of Plaintiffs’ private information which she obtained from Julian Ting’s server, MacBook Pro, iPad, or iPhone; 2. Enj oins Defendant from remotely or physically accessing Julian Ting’s server or any electronic device containing Plaintiffs’ private information; 3. Instructs Defendant to return and/or destroy, Within five (5) business days from the Court's signature on this Order, all paper and electronic copies of Plaintiffs’ information which she obtained from Julian Ting’s server, MacBook Pro, iPad, or iPhone, and all derivative information derived from it, that is in the possession, custody, or control of Defendant and/or any agents acting /// 2 Case No.21CV381110 [PROPOSED] ORDER FOR PRELIMINARY INJUNCTION COBLENTZ PATCH DUFFY & BASS LLP ONE MONTGOMERY STREET, SUITE 3000, SAN FRANCISCO, CALIFORNIA 94lo4-5500 FAX 4|5.989.|663 4l5.39|.4800 - \OMQQUI&DJNH NNNNNNNNNHHHHHHHHHb-A ooqaxmthHcoooqaxm-RWNHG on her behalf, including all copies stored on removable media and external drives, as well as the original image files of all photographs Defendant took of Plaintiffs’ information; 4. Instructs Defendant to certify under oath that she has returned and/or destroyed any and all electronic and paper copies of the information she obtained from Julian Ting’s server, MacBook Pro, iPad, or iPhone, and which are in the possession, custody, or control of Defendant and/or any agents acting on her behalf; 5. Grants Plaintiffs and/or their agents rights of physical access to the server containing their personal information, so that Plaintiffs may investigate damage to the server; confirm what information has been accessed, altered, and deleted; and remove or otherwise secure their personal information from the server; and that the server thereafter be placed in possession of a neutral third party pending resolution of any and all disputes regarding the proper ownership and possession of the server. (see below XFOS FURTHERmmWMWXXXWKXRMWW WWXQGXXWXXMWWW IT IS SO ORDERED. *** Dated; September 13, 2021 Mazda ; Jud e.n£.the..S. erior Court I-Fon. Nahal Iyafiani-Sani m The clerk is directed to issue the preliminary injuction upon the Plaintiff's filing of a written undertaking, as required by Code of Civil Procedure section 529, in the amount of $1 0,000. 18786.001 4848-5916-0570.2 3 I Case No. 21CV381110W ORDER FOR PRELIMINARY INJUNCTION SUPERIOR COURT OF CALIFORNIA COUNTY 0F SANTA CLARA DOWNTOWN COURTHOUSE 191 NORTH FIRST STREET SANJosE, CALIFORNIA 95113 CIVIL DIVISION Skye D. Langs One Montgomery St. SEP 1‘ 5 2021 | Suite 3000 Clerk of the Court n Fr n i A 41 4 Super! rcoun County olSanta GlamSa a csco, C 9 0 . 1,: g'gfltwmv Michael G. Ackerman Law Offices of Michael G. Ackerman 2391 The Alameda, Ste. 100 Santa Clara, CA 95050 RE: Anne Ting et al vs Panida Chinsupakul Case Number: 21 CV381 1 1 0 PROOF OF SERVICE ORDER FOR PRELIMINARY INJUNCTION was delivered to the parties listed below the above entitled case as set forth in the sworn declaration below. If you, a party represented by you, or a witness to be called on behalf of that party need an accommodation under the American with Disabilities Act, please contact the Court Administrator’s office at (408) 882-2700, or use the Court's TDD line (408) 882-2690 or the Voice/TDD California Relay Service (800) 735-2922. DECLARATION 0F SERVICE BY MAIL: | declare that l served this notice by enclosing a true copy in a sealed envelope, addressed to each person whose name is shown below, and by depositing the envelope with postage fully prepaid, in the United States Mail at San Jose, CA on September 15, 2021. CLERK OF THE COURT. by Sylvia Roman, Deputy. cc: Michael G Ackerman Law Offices of Michael G Ackerman 2391 The Alameda Ste 100 Santa Clara CA 95050 cw-9027 REV 12/08/16 PROOF OF SERVICE 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\IONUI&UJN# NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t WQGNUIhMNHG©WQONUIBMNHG PROOF OF SERVICE Anne Ting, Jack Ting, and Nicole Ting-Yap vs. Panida Chinsupakul Santa Clara County Superior Court Case No. 21CV381 1 10 STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO At the time 0f service, I was over eighteen years 0f age and not a party t0 this action. I am employed in the County 0f San Francisco, State 0f California. My business address is One Montgomery Street, Suite 3000, San Francisco, California 94104-5500. On September 15, 2021, I served true copies 0f the foregoing document described as NOTICE OF ENTRY OF ORDER FOR PRELIMINARY INJUNCTION 0n the interested parties in this action as follows: Attorneys for Defendant Panida Chinsupakul: Michael G. Ackerman, Esq. James J. Hoover, Esq. The Law Offices 0f Michael G. Ackerman Karlina Parades, Esq. 2391 The Alameda, Suite 100 Jaymi L. Salisbury, Esq. Santa Clara, California 95050 HOOVER KREPELKA, LLP Telephone: 408.261 .5800 1520 The Alameda, Suite 200 Facsimile: 408.261.5900 San Jose, California 95126 E-Mail: mga@mgackermanlaw.com Telephone: 408.947.7600 sls@mgackermanlaw.com Facsimile: 408.947.7603 E-Mail: james@h00verkrepelka.com karlina@hooverkrepelka.com jaymi@h00verkrepelka.com BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy 0f the document t0 be sent from e-mail address rbrown@coblentzlaw.com t0 the persons at the e-mail addresses listed above. I did not receive, within a reasonable time after the transmission, any electronic message 0r other indication that the transmission was unsuccessful. I declare under penalty 0f perjury under the laws 0f the State 0f California that the foregoing is true and correct. Executed on September 15, 2021, at San Francisco, California. @Wfi/MWV Robert Brown 18786.001 4843-3694-873 1 .1 Case No. 21CV381 1 10 NOTICE OF ENTRY OF ORDER FOR PRELIMINARY INJUNCTION