Order: CENVEO WORLDWIDE LIMITED, A DELAWARE CORPORATION VS ROBERT SUMMERS

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                                FILED
                                                                                        Superior Court of California
                                       Superior Court of California                        County of Los Angeles

                                         County of Los Angeles                                JAN 3.1 2020

                                             Department51
                                                                               Sherri   or         cutive Officer/Clerk of Court
                                                                               By.                      ===;          Deputy
                                                                                           Jessica Ciavero


CENVEO WORLDWIDELIMITED,                                 Case No.:   19STCV22712
                  Plaintiff,
                                                         Hearing Date: 01/17/20
       Vv

ROBERT SUMMERS, et al.,                                  Trial Date: Not Set
                  Defendants.                            RULING RE:
                                                         Demurrer


Background

Plaintiff Cenveo Worldwide Limited (“Plaintiff” or “Cenveo”) brings this action against its
former employee Robert Summers (“Summers”) alleging that he engaged in wrongful acts
involving the company’s confidential trade secrets during and after his employment.

On June 27, 2019, Plaintiff filed a Complaint, and on October 11, 2019, the operative First
Amended Complaint (“FAC”) against Defendants Robert Summers, et al. (“Defendants”) for the
following causes of action:

        (1) Breach of Fiduciary Duty;
        (2)   Intentional Interference with Contractual Relationships;
        (3)   Intentional Interference with Prospective Economic Advantage;
        (4)   Conversion;
        (5)   Breach of Contract;
        (6) Misappropriation of Trade Secrets (Violation of Federal Defense of Trade Secrets
        Act);
        (7) Unfair Competition; and
        (8) Injunctive Relief.

On December 16, 2019, Defendants filed the instant Demurrer to the FAC.

The Court considered the moving, opposition and reply papers, and rules as follows:

Demurrer Standard

A demurrer may be sustained where the complaint fails to state facts sufficient to constitute a
cause of action. Code Civ. Proc., § 430.10(e). Thus, concerning the legal sufficiency of a
pleading, the sole issue on demurrer is whether the facts pleaded, if true, state a valid cause of
action, i.e., if the complaint pleads facts that would entitle the plaintiffto relief. Garcettiv.
Superior Court (1996) 49 Cal.App.4th 1533, 1547; Limandri v. Judkins (1997) 52 Cal.App.4th
326, 339.     The question of plaintiff's ability to prove the allegations of the complaint or the

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