OrderCal. Super. - 6th Dist.March 24, 2021COBLENTZ PATCH DUFFY a BASS LLP ONE MONTGOMERY STREET, SUITE 3000. SAN FRANCISCO. CALIFORNIA 94lO4-SSOO - FAX 4|5.989.l663 4I5.39I.4BOO 10 11 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SCOTT C. HALL (State Bar No. 232492) SKYE LANGS (State Bar No. 287908) EMLYN MANDEL (State Bar N0; 3 1 0403) COBLENTZ PATCH DUFFY & BASS LLP One Montgomely Street, Suite 3000 San Francisco, California 94104-5500 Telephone: 415.391.4300 Facsimile: 415.989.1663 Email: ef-sch@cpdb.com '. ef-sdl@cpdb.c0m I‘ u' ef-erm@cpdb.com fig Attorneys for Plaintiffs i; I.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 No. 21 CV38] 1 1 0 an individual; and NICOLE TING-YAP, an individual, _ _ {ROPGSEB} ORDER GRANTING Plamnffs, PLAINTIFF? EX PARTE APPLICATION FOR TEMPORARY RESTRAINING V- ORDER AND ORDER TO SHOW CAUSE WHY PRELIMINARY INJUNCTION PANIDA CHINSUPAKUL, an individual; SHOULD NOT ISSUE and DOES 1 through 10, Dafendam- Trial Date: None Set This matter came before this Court on the EX Parte Application 0f Plaintiffs Anne Ting, Jack Ting, and Nicole Ting-Yap (collectively, “Plaintiffs”), seeking a temporally restraining order and order to show cause why a preliminary injunction should not be issued (the “Application”). Having considered Plaintiffs’ Application, supporting memorandum 0f points and authorities: supporting declarations and exhibits, Complaint, and other papers submitted therewith, as well as the arguments submitted by Defendant, ifany, this Court GRANTS the Application as follows: f I f l- Ir I-,H I . 113‘ ' " CaseNo.2IC\/3smoWORDER GRANTING TEMPORARY RESTRAINING ORDER AND ORDER T0 SHOW CAUSE Filed June 3, 2021 County of Santa Clara Superior Court of CA Clerk of the Court 21CV381110 By: lzenzen COBLENTZ PATCH DUFFY 5. BAss LLP ONE MONTGOMERY STREET. SUITE .3000, SAN FRANCISCO. CALIFORNIA 94104-5500 FAX 4IS.989.I663 4|5.39I.4800 WMHGNU‘IJRUJNH NNNNNNNNh-LHHHHI-sh-na-nl-LH ummnwwb-tcwwqmmhmmr-tc Nm IT IS HEREBY ORDERED THAT DEFENDANT PANIDA CHINSUPAKUL appear before this Court on July 15 _. 202], at _1:3_0_ 9.111., or as soon thereafter as the matter may be heard, in Department 2, 0f the Superior Court of California, County of Santa Clalia, located at 191 North First Street, San Jose, California 951 13, then and there t0 show cause, ifany there be, why an order should not be made and entered,“ pursuant t0 California Code of Civil Procedure section 526: Era i i 1. Enjoining Defendant from usi'ng, viewing,.copying, photographing, disseminating, I l. accessing, or otherwise using, in any manner, any of Plaintiffs’ private information which she obtained from Julian Ting’s server, MacBook Pro, iPad, or iPhone; 2. ’ Enjoining Defendant from remotely or physically accessing Julian Ting’s server 0r any electronic device containing Plaintiffs’ private information; 3. Granting Plaintiffs and/or their agents rights ofphysical 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 ordering 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 0f the server. IT IS FURTHER ORDERED that pending the hearing 0f July 15, 2021, and ruling on Plaintiffs” request for a preliminaly injunction, the Court hereby: 1. Enjoins Defendant from using, viewing, copying, photographing, disseminating, accessing, or otherwise using, in any manner, any 0f Plaintiffs“ private information which she obtained from Julian Ting’s server, MacBook Pro, iPad, or iPhone; 2. Enjoins Defendant from remotely 01' physically accessing Julian Ting’s server 0r any electronic device containing Plaintiffs’ private information; Orders Defendant t0 return and/or destroy within five (5) business I = t * paper and electronic copies ot ‘ ' ' ’ infOrmation in , . a' g any and all forensic c0pies andm replicated and restored copie , ~ ' she obtained from u ' ‘ 'n ’s server, MacBook Pro. iPad, 1E ' 01' " a > _. and all derivative information delgived from it, that-is in the possession, cus a ud , o ' I7? 2 ' " Case No. 2 I cvssl 1 10 WRGPGSEBi-ORDER GRANTING TEMPORARY RESTRAINING ORDER. AND ORDER TO SHOW CAUSE COBLENTZ PATCH DUFFY 5: BASS LLP ONE MONTGOMERY STREET. SUITE 3000. SAN FRANCISCO. CALIFORNIA 94104-5500 FAX 4|5.989.|663 4I5.39|.4BOO \DOOMIQ 10 11 12 l3 14 15 16 17 18 19 20 21 22 23 24 26 27 28 control 0f De en . : - e . n aents acting on her behalf, including all co.“ . a '- a 0n removable media and external drives, as well as the u " -; 'mage 1 e o : e - n ovurahs Defendant took of Plaint‘ ’ ' u manon; Orders Defendant to certify under oath within five (5) business days th. - - ’ as destroyed any and all electronic or p u _ . - uies ofthe inforu ‘ ' s e obtained from Julian Tingrs server, MacBook Pro, iPad, or iP - - 31'"; which a1;e in the posse ' -, stody, or control 0f Defend . - . n any agents acting 0n he; éehalf; Grants Plaintiffs and/or thieir agents rights ofphysical access t0 the serve' containing their person; '- ormation, so that Plaintiffs may investiga k = age to the server; confirm what information has been access a , . tered : ' u a eleted; and remove or otherwise secure their personal information from th - 9 er; and ORDERS t a ~ ' erver thereafter be placed in the possession of - ’ ‘ tral third party pending resolution of any diSputes regar' a e proper a ‘- ership and possession of the server.. IT IS FURTHER ORDERED that the Temporary Restraining Order provisions set forth herein shall expire at nggpm. on July 15 , 2021, unless before then Defendant consents, or the Court, for good cause, orders an extension. IT IS FURTHER ORDERED that this Temporary Restraining Order, Order to Show Cause, and all papers Plaintiffs have submitted in support 0f its Application for the same, shall be . June 8, 2021 _ _ _ personally served 0n Defendant Chlnsupakul no later thanMay2_6-, 2021. Plamtlffs shall tile proofs 0f service with the Court noylater thanmum electronic sewice in conformity with the local rules 0f [his Court. Plaintiffs may file and serve any reply papers prior l0 the Show Cause hearing n0 later than JUIy 12 , 2021 , via persona] service or via electronic service in conformity with the local rules 0f this Court. / f / / f I / / / ‘ _ I ""‘" / f / / / l '31 3 " CaseNo.2ICV33IHO -|-PR9P9§EB+ORDER GRANTING TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE COBLENTZ PATCH DUFFY & BASS LLP ONE MONTGOMERY STREET. SUITE 3000‘ SAN FRANCISCO. CALIFORNIA 94IO4-SSOO FAX 4l5.989.l663 4|S.39I.4EOO - ll 12 l3 14 15 16 17 18 l9 20 21 22 23 24 26 27 28 IT IS FURTHER ORDERED that n0 bond need be posted by Plaintiffs in connection with this Temporary Restraining Order because the Court finds that there is n0 risk ofmonelaly loss t0 the Defendant as a result 0f the issuance 0fthis Order. IT IS SO ORDERED. Dated: Pf Judge 0fthe Superior Court 18786.00] 4836-3070-5l22J Kw; i: Pt. ha - " 4 CaseNo. 2|CV38| I Io [PROPOSED] ORDER GRANTING TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE June 3, 2021 Cynthia C. Lie
