Response Reply

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 - \OWQONUIhMNH NNNNNNNNNHHHHHHHHHH WQONUIRMNchwQQUlhb-DNHG 21CV381 1 1O Santa Clara - Civil SCOTT C. HALL (State Bar No. 232492) SKYE LANGS (State Bar N0. 287908) EMLYN MANDEL (State Bar N0. 3 10403) COBLENTZ PATCH DUFFY & BASS LLP One Montgomery Street, Suite 3000 San Francisco, California 94104-5500 Telephone: 415.391.4800 Facsimile: 415.989.1663 Email: ef-sch@cpdb.com ef-sdl@cpdb.com ef-erm@coblentzlaw.com Attorneys for Plaintiffs ANNE TING, JACK TING, and NICOLE TING-YAP Electronically Filed by Superior Court of CA, County of Santa Clara, on 12/29/2021 9:33 AM Reviewed By: L. Nguyen Case #21 CV381 1 1 0 Envelope: 7948596 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, Defendants. 1 Case No. 21CV381 1 10 REPLY IN SUPPORT OF PLAINTIFFS’ MOTION FOR PROTECTIVE ORDER REGARDING THE DEPOSITION OF NICOLE TING-YAP Date: January 6, 2021 Time: 9:00 am. Dept: 7 Judge: Hon. Christopher G. Rudy Action Filed: March 24, 2021 Trial Date: None Set Case N0. 21CV381 1 10 REPLY IN SUPPORT OF PLAINTIFFS’ MOTION FOR PROTECTIVE ORDER REGARDING THE DEPOSITION OF NICOLE TING-YAP COBLENTZ PATCH DUFFY & BASS LLP ONE MONTGOMERY STREET, SUITE 3000, SAN FRANCISCO, CALIFORNIA 94lO4-5500 FAX 4|5.989.|663 4|5.39|.4800 ~ NOWQONUIhMNH NNNNNNNNNHHHHflHHflHH WQQUIkMNHG©WQQUIhMNHG ARGUMENT Plaintiffs’ motion for a protective order seeks the Court’s protection from Defendant’s improper discovery into topics and issues that this Court has already decided are not relevant to the dispute between the parties. On December 16, 2021, the Court denied Defendant’s Motion to Compel seeking documents related t0 PlaintiffNicole Ting-Yap’s transfer of shares in two private, closely held companies, Setima Sdn Bhd (“Setima”) and JCT Holdings Sdn Bhd (“JCT Holdings”), as well as financial statements, financial reports, tax returns, board minutes, and board resolutions related to these two entities, and any documents showing loans, payments, or cash transfers made by these entities to Julian Ting. The current motion for a protective order concerns the same issues, and should be granted for the same reasons Defendant’s Motion to Compel was denied. Specifically, Plaintiffs seek t0 limit the scope 0f permissible deposition topics to those related t0 the claims in this case, which concern the theft and misuse of their personal, private, and confidential documents and data. They should not be required t0 answer irrelevant questions about the substance of the information that was stolen from them, including questions about Setima, JCT Holdings, or other companies they hold an ownership interest in; gifts, loans, 0r other payments made to Julian Ting; their personal assets, investments, net worth, or financial affairs; or the private or confidential information of third parties. Not only has the Court already addressed these issues in its prior order, but Defendant has filed no opposition t0 Plaintiffs’ current motion-presumably because of the Court’s prior ruling in Plaintiffs’ favor on these same topics. Accordingly, Plaintiffs respectfully request that the Court grant their Motion for a Protective Order without additional argument or a hearing. DATED: December 29, 2021 COBLENTZ PATCH DUFFY & BASS LLP By= Mjms SKYEGAIjbs Q Attorneys for Plaintiffs ANNE TING, JACK TING, and NICOLE TING-YAP 2 Case N0. 21CV381110 REPLY IN SUPPORT OF PLAINTIFFS’ MOTION FOR PROTECTIVE ORDER REGARDING THE DEPOSITION OF NICOLE TING-YAP COBLENTZ PATCH DUFFY & BASS LLP ONE MONTGOMERY STREET, SUITE 3000, SAN FRANCISCO, CALIFORNIA 94lO4-5500 FAX 4|5.989.|663 4|5.39|.4800 ~ NOWQGNUIhMNH NNNNNNNNNHHHHflHHflHH WQQUIAMNHG©WQONUI£MNHG PROOF OF SERVICE Anne Ting, Jack Ting, and Nicole Ting-Yap vs. Panida Chinsupakul Santa Clara County Superior Court Case N0. 21CV381 1 10 STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO At the time of service, Iwas over eighteen years of age and not a party to this action. I am employed in the County of San Francisco, State of California. My business address is One Montgomery Street, Suite 3000, San Francisco, California 94104-5500. On December 29, 2021, I served true copies of the foregoing document described as REPLY IN SUPPORT OF PLAINTIFFS’ MOTION FOR PROTECTIVE ORDER REGARDING THE DEPOSITION OF NICOLE TING-YAP 0n the interested parties in this action as follows: Attorney for Defendant Panida Chinsupakul: Michael G. Ackerman, Esq. The Law Offices of Michael G. Ackerman 2391 The Alameda, Suite 100 Santa Clara, California 95050 Telephone: 408.261.5800 Facsimile: 408.261.5900 E-Mail: mga@mgackermanlaw.com sls@mgackermanlaw.com BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of 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 or other indication that the transmission was unsuccessful. I declare under penalty 0f perjury under the laws of the State 0f California that the foregoing is true and correct. Executed 0n December 29, 2021, at San Francisco, California. @Wfi/Ldmu Robert Brown 18786.001 4883-7768-5512.2 3 Case N0. 21CV381110 REPLY IN SUPPORT OF PLAINTIFFS’ MOTION FOR PROTECTIVE ORDER REGARDING THE DEPOSITION OF NICOLE TING-YAP