Fill and Sign the David Aviel V Minh Ly Superior Court of California Form

11.01[1][c] Application For Expedited Discovery SUPERIOR COURT OF CALIFORNIA COUNTY OF _____________ ABC, INC., a ___________ corporation, )Plaintiff, ) ) v. ) ) XYZ, INC., a ______________ ) corporation, and JOHN DOE,) ) Defendants.) ) Case No. EX PARTE APPLICATION FOR EXPEDITED DISCOVERY Plaintiff ABC, Inc. ("ABC") hereby applies to the Court for an order expediting discovery pursuant to Cal. Civ. Proc. Code ¤¤ 2031.020(c) and 2025.210(b). Specifically, ABC requests that the Court shorten the time for defendants' production of documents, and order that (1) production take place on ____________________; (2) order that defendant John Doe's deposition take place on _________________; and (3) order that defendant XYZ's deposition take place on ______________________. ABC bases this Application upon the Memorandum and declarations in support of this Application, the Verified Complaint in this action, ABC's Ex Parte Application for Temporary Restraining Order and Order to Show Cause, and any argument by counsel. Dated: _____________________ By: _____________________ Attorneys for Plaintiff ABC, INC. SUPERIOR COURT OF CALIFORNIA COUNTY OF _____________ ABC, INC., a ______________ ) corporation, ) ) Plaintiff, ) ) v. )) XYZ, INC., a ______________ ) corporation, and JOHN DOE, ) ) Defendants. ) ) Case No. MEMORANDUM IN SUPPORT OF EX PARTE APPLICATION FOR EXPEDITED DISCOVERYPlaintiff ABC, Inc. ("ABC") hereby applies to the Court for an order expediting discovery. Pursuant to Cal. Civ. Proc. Code ¤ 2031.020(c), ABC requests that the Court shorten the time for defendants' production of documents and order that production take place on _________________. Pursuant to Cal. Civ. Proc. Code ¤ 2025.210(b), ABC requests that the Court order that the deposition of defendant John Doe ("Doe") take place on ____________________, and the deposition of XYZ take place on __________________. The Verified Complaint in this action alleges, inter alia, that defendant Doe has breached his contractual and common law obligations to ABC through his employment with XYZ, which competes directly with ABC, threatening the imminent disclosure of ABC's trade secrets. ABC seeks injunctive relief in a separate application filed today. If the Court grants the separate application for a Temporary Restraining Order (TRO) and Order to Show Cause, ABC will require expedited discovery to obtain information essential to making its showing at the preliminary injunction hearing before expiration of the TRO. Specifically, ABC needs to take the deposition of defendant Doe and needs the defendants to produce documents regarding the contacts between XYZ and Doe and any work performed by (or expected to be performed by) Doe for XYZ, in addition to defendants' contacts with ABC customers, and the development by XYZ of its competing widget. Copies of ABC's document request and deposition notice are attached to this Memorandum as Exhibits A and B respectively. ABC has limited the documents requested and the deposition to those necessary to prosecute the pending application for injunctive relief. ABC therefore requests that the Court order the discovery as requested. Dated: ______________________ By: ______________________ Attorneys for Plaintiff ABC, INC. SUPERIOR COURT OF CALIFORNIA COUNTY OF _____________ ABC, INC., a ______________ ) corporation, ) ) Plaintiff, ) ) v. ) ) XYZ, INC., a _________________) corporation, and JOHN DOE, ) ) Defendants. ) _____________________________ ) Case No. DECLARATION OF COUNSEL IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION FOR EXPEDITED DISCOVERY I, ____________________, declare:1. I am an attorney for plaintiff ABC, Inc. ("ABC") in this action. 2. ABC needs certain discovery to prosecute its Application for a Preliminary Injunction. Specifically, ABC needs (i) to take the depositions of defendant John Doe ("Doe") and a representative of XYZ most familiar with the circumstances surrounding Doe' employment with XYZ and its development of a competitive widget; and (ii) for defendants to produce documents regarding the contacts between them, their contacts with ABC's customers, and the development of the XYZ widget. 3. This discovery needs to take place at the times requested by ABC to assist ABC in making its showing at the hearing on the injunction. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on ___________________, in ____________________, _______________. ________________________ SUPERIOR COURT OF CALIFORNIA COUNTY OF _____________ ABC, INC., a ______________ ) corporation, ) ) Plaintiff, )) v. )) XYZ, INC., a ________________ ) corporation, and JOHN DOE, ) ) Defendants. )) Case No. [PROPOSED] ORDER GRANTING PLAINTIFF'S EX PARTE APPLICATION FOR EXPEDITED DISCOVERY This matter came on for hearing before this Court pursuant to plaintiff ABC's Ex Parte Application for Expedited Discovery. The Court has considered the Application, the Memorandum and declarations in support, ABC's Verified Complaint, ABC's Ex Parte Application for Temporary Restraining Order and Order to Show Cause, and arguments by counsel. IT IS HEREBY ORDERED that ABC is entitled to expedited discovery according to the following schedule: 1. Defendant XYZ, Inc. shall answer ABC's First Demand for Inspection and produce documents in response to that Demand on or before ___________________; 2. Defendant John Doe's deposition shall take place as provided in ABC's notice of deposition, on _______________; and 3. Defendant XYZ, Inc.'s deposition shall take place as provided in ABC's notice of deposition, on _________________. Dated:_______________ ___________________________ Judge of the Superior Court