Statement Case Management ConferenceCal. Super. - 6th Dist.March 24, 202121CV381 1 1O Santa Clara - Civil QMmstem ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Scott C. Hall [SB #232492]; Skye Langs [SB #287908]; Emlyn Mandel [SB #31 0403] F°R °°URT ”SE °”” COBLENTZ PATCH DUFFY & BAss LLP Electronically Filed One Montgomery Street, Suite 3000 ri r f A San Francisco, California 94104-5500 by supe o court o C ’ County of Santa Clara, TELEPHONE No.2 415.391.4800 FAX No.(0ptional): 415.989.1663 0n 7/1 9/2021 3:10 PM E-MAILADDRESS(Optional): ef-sch@cpdb.com; ef-sdl@cpdb.com; ef-erm@cob|entzlaw.com Reviewed By; System System ATTORNEY FOR (Name): Plaintiffs Anne Ting, Jack Ting, and Nicole Ting-Yap Case #21 CV381 1 1 o SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA Envelope. 6876976 STREETADDRESS: 191 North First Street MAILING ADDRESS: 191 North First Street CITY AND ZIP CODE: Santa Clara, California 95113 BRANCH NAME: Downtown Superior Court PLAINTIFF/PETITIONER: Anne Ting, Jack Ting, and Nicole Ting-Yap DEFENDANT/RESPONDENT: Panida Chinsupakul CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE E LIMITED CASE 21CV381110 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: August 3, 2021 Time: 2:15 p.m. Dept: 7 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Skye Langs INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. This statement is submitted by party (name): Plaintiffs Anne Ting, Jack Ting, and Nicole Ting-Yap b. E This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): March 24, 2021 b. E The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. A|| parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. E The following parties named in the complaint or cross-complaint (1) E have not been served (specify names and explain why not): (2) E have been served but have not appeared and have not been dismissed (specify names): (3) E have had a default entered against them (specify names): c. E The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a. Type of case in E complaint E cross-complaint (Describe, including causes of action): Civil tort claims for (1) Conversion, (2) Common Law Tort of Intrusion Into Private Affairs, (3) Violation of California Constitutional Right to Privacy, (4) Civil violation of the Comprehensive Computer Data and Access Fraud Act, California Penal Code Section 502, (5) Misappropriation of Trade Secrets, and (6) Intentional Infliction of Emotional Distress. Page 1 of5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEM ENT ClejieFiuslégzfigc-gusrg Judicial Council of California CM-110 [Rev. July 1, 2011] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: Anne Ting, Jack Ting, and Nicole Ting-Yap CASE NUMBER: DEFENDANT/RESPONDENT: Panida Chinsupakul 21CV381 1 1 0 4. b. Provide a brief statement of the case, including any damages. (prersonal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Defendant took and used, without permission, personal and private information belonging to Plaintiffs from password-protected computers and computer systems. Plaintiffs seek injunctive relief, monetary damages in an amount to be determined at trial, and attorney fees. E (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial a. The party or parties request a jury trial E a nonjury trial. (If more than one party, provide the name of each pan‘y requesting a jury trial): Plaintiffs Anne Ting, Jack Ting, and Nicole Ting-Yap. 6. Trial date a. E The trial has been setfor (date): b. No trial date has been set. This case will be ready for trial within 12 months of the date of the filing ofthe complaint (if not, explain): The case is in its early stages and will not be ready for trial before the fall of 2022. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 5 b- E hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial by the attorney or party listed in the caption E by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mailaddress: g. Partyrepresented:E Additional representation is described in Attachment 8. 9. PreferenceE This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel has E has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party E has E has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1)E This matter is subject to mandatoryjudicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2)E Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3)E This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CW”[mm 1’ 201” CASE MANAGEMENT STATEMENT ”9”“ CM-110 PLAINTIFF/PETITIONER: Anne Ting, Jack Ting, and Nicole Ting-Yap CASE NUMBER: DEFENDANT/RESPONDENT: Panida Chinsupakul 21CV381 1 1 0 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check all that apply and provide the specified information): The party or parties completing If the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parties'ADR processes (check all that apply): stipulation): E Mediation session not yet scheduledE Mediation session scheduled for (date):E Agreed to complete mediation by (date):E Mediation completed on (date): (1) Mediation E E Settlement conference not yet scheduled (2) Settlement E E Settlement conference scheduled for(date):conference E Agreed to complete settlement conference by(date):E Settlement conference completed on(date): E Neutral evaluation not yet scheduledE Neutral evaluation scheduled for (date): 3 N t | | t' I I( ) eu ra eva ua Ion E Agreed to complete neutral evaluation by (date):E Neutral evaluation completed on (date): E Judicial arbitration not yet scheduled (4) Nonbindingjudicial E E Judicial arbitration scheduled for (date): arbitration E Agreed to completejudicial arbitration by (date):E Judicial arbitration completed on (date): E Private arbitration not yet scheduled (5) Binding private E E Private arbitration scheduled for (date): arbitration E Agreed to complete private arbitration by (date):E Private arbitration completed on (date): E ADR session not yet scheduledE ADR session scheduled for (date):E Agreed to complete ADR session by (date):E ADR completed on (date): (6) Other (specify): E CM-110 [Rev. July 1, 2011] Page 3 of5CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Anne Ting, Jack Ting, and Nicole Ting-Yap CASE NUMBER: DEFENDANT/RESPONDENT: Panida Chinsupakul 21CV381 1 1 0 11. Insurance a. E Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: E Yes E No c. E Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.E Bankruptcy E Other (specify): Status: 13. Related cases, consolidation, and coordination a. E There are companion, underlying, or related cases. (1) Name of case: Anne Ting, Jack Ting, and Nicole Ting-Yap v. Panida Chinsupakul (2) Name of court: Santa Clara Superior Court (3) Case number: 21CV381 117 (4) Status: This case is a duplicate of the above-captioned action. No action has occurred in this case.E Additional cases are described in Attachment 13a. b. E A motion to E consolidate E coordinate will be filed by (name pariy): We believe that the duplicate case (No. 21-CV-381 117) is a processing error. Plaintiffs request that it be dismissed. 14. BifurcationE The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Defendant's Motion to Strike - pending; Defendant's Demurrer - pending; Pending and anticipated motions and cross-motions for a protective order regarding the deposition of Plaintiff Nicole Ting-Yap; Anticipated discovery motions; Possible Plaintiffs' Motion for Summary Judgment. 16. Discovery a. E The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiffs Written discovery Per Code Plaintiffs Depositions Per Code Plaintiffs Expert Discovery Per Code c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Plaintiffs anticipate a dispute regarding the permissible scope of discovery and the ability of Defendant to use discovery obtained in this case in her marital dissolution proceedings, to which Plaintiffs are not a party. CW”WW 1’ 20“] CASE MANAGEMENT STATEMENT P39°4°f5 CM-110 PLAINTIFF/PETITIONER: Anne Ting, Jack Ting, and Nicole Ting-Yap CASE NUMBER: DEFENDANT/RESPONDENT: Panida Chinsupakul 21CV381 110 17. Economic litigation a. E This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 wi|| apply to this case. b. E This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issuesE The party or parties request that the following additional matters be considered or determined at the case management conference (specify): Defendant is a party to a divorce proceeding in which she has used or attempted to use some of the stolen information at issue in this case. Although this case involves different parties, different claims, and different underlying events, the timing and scheduling of events in one action may be affected by the other. For example, Plaintiffs are aware that certain discovery, including scheduled depositions, have been postponed in the divorce proceeding based on pending motions in this action. 19. Meet and confer a. The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (ifnot, explain): b. E After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): The parties agreed to meet and confer further following the Court's resolution of Plaintiffs‘ pending Application for a Preliminary Injunction, and Defendant‘s pending Demurrer and Motion to Strike. 20. Total number of pages attached (if any): | am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and wi|| possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: July 19, 2021 Skye Langs } SL‘kf/XmSU ”W(TYPE OR PRINT NAME) (SIGNATGE F P RTY OR RNEY) > (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) E Additional signatures are attached. Page 5 of 5CM'“°[ReV'J”'Y1' 2“” CASE MANAGEMENT STATEMENT 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©WQONUIhMNHC 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 July 19, 2021, I served true copies 0f the foregoing document described as PLAINTIFFS' CASE MANAGEMENT STATEMENT 0n the interested parties in this action as follows: Attorney for Defendant Panida Chinsupakul: Michael G. Ackerman, Esq. The Law Offices 0f 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 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 0n July 19, 2021, at San Francisco, California. QOWW Robert Brown Case No. 21CV381110 PLAINTIFFS’ CASE MANAGEMENT STATEMENT
