Complaint Unlimited Fee AppliesCal. Super. - 6th Dist.March 29, 202110 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E-FILED 3/29/2021 12:00 AM Anthony D. Giles (State Bar N0. 178876) Clerk 9f court anthony@anthonygiles.com SUPerlor COUI't 0f CA, Law Office of Anthony Giles County Of Santa Clara One Sansome Street, Ste 3500 21 CV38141 7 San Francisco, CA 94104 Reviewed By: M Vu Tel: (415) 939-2099 Fax: (415) 901-0464 Attorneys for Plaintiff Michael Miskovsky IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA 21 CV381 41 7 Michael Miskovsky, Case No. Plaintiff, COMPLAINT V. John Doe and Does 2 through 10 Defendants. I. Parties 1. Plaintiff Michael Miskovsky is an adult individual resident in California. 2. Defendant John Doe is a person whose identity is unknown to Plaintiff. Plaintiff will amend the Complaint to substitute the true name of John Doe when he learns it. 3. Does 2 through 10 0r other persons Whose identity is unknown to Plaintiff, and who acted in some manner with John Doe in furtherance 0f the acts herein alleged. Plaintiff will amend to supply the true names of the other Doe defendants When he learns them. II. Venue 4. Venue is appropriate in this County under Penal Code section 502G) and published procedures for subpoenas established by Google. III. Facts 5. Plaintiff has a Google account with the e-mail address miskovsky@gmail.com. Case No. 1 COMPLAINT FOR VIOLATION OF PENAL CODE SECTION 502(6) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. Plaintiff is aware from evidence of printouts and other circumstantial evidence that John Doe and perhaps other Doe defendants have accessed his Gmail account Without permission in Violation of California Penal code sections 502(c)(2), (4), (6) and (7) and perhaps other provisions. 7. Plaintiff has suffered monetary and other damage from the unlawful access of valuable and confidential information in his e-mail account. Cause of Action- Civil Action for Violation of Penal Code Section 502(c) 8. Plaintiff realleges as if set forth in full the allegations in paragraphs 1 through 7 above. 9. California Penal Code section 502(c) provides for a private civil right of action for any person damaged by a Violation 0f Penal Code Section 502(c), and allows a plaintiff an action for compensatory damages, injunctive relief and other equitable relief. IV. Prayer Wherefore Plaintiff prays for the following relief: a. Compensatory damage subj ect to proof b. For an order that the Defendant(s) disclose all uses he/she/they have made 0f materials illegally accessed from Plaintiff s Gmail account c. For an order that Defendants delete all information illegally accessed from Plaintiff’s account d. For such other relief as the Court deems appropriate in the circumstances e. For attorneys fees (Penal Code Section 502(c)(2). Dated: March 26, 2021. Law Office of Anthony Giles /s/ Anthony D. Giles Anthony D. Giles Attorneys for Plaintiff Michael Miskovsky Case No. 2 COMPLAINT FOR VIOLATION OF PENAL CODE SECTION 502(6)
