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LEIDER + AYALA-BASS LLP p tor Court ef Californi
Philip A. Leider, Bar No. 229751 - County of Placer as
Joren S. Ayala-Bass, Bar No. 208143
MAR 12 2018
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One Market Plaza, Spear Tower, 36th Floor
San Francisco, CA 94105 .
ishieJaske Chatte
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Telephone: 415-239-8245 Officer
510-350-9115 | & Clerk
Facsimile: Luca tuorto,
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Deputy
joren@leiderlegal.com
. philip@leiderlegal.com
Attorneys for Defendant
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SUNWORKS, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF PLACER
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JURISDICTION
10 UNLIMITED
1 DOUGLAS STIEGMANN, an individual, Case No. SCV0040667
12 -” Plaintiff, NOTICE OF DEMURRER AND
DEMURRER TO COMPL AINT
13 VS.
Date: April 24, 2018
14 SUNWORKS, INC., a Delaware corporation; Time: 8:30 a.m.
and Does 1-10, inclusive,
18 Department:
Commissioner
40
Todd Irby
.Defendants.
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SIGNATURES BY FACSIMILE
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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT
Case No. SCV0040667-.-.
NOTICE OF DEMURRER AND DEMURRER
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that at 8:30 a.m, on April 24, 2018, in Department 40 of the
Court of the State of California, County of Placer, located at 10820 Justice Center Drive,
Superior
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Roseville, CA 95678, Defendant Sunworks, Inc. (“Sunworks”) will, and hereby does, demur to the
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the Complaint of Plaintiff Douglas Stiegmann.
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firstand second causes of action of
This Demurrer.is wade on the following grounds:
1. Plaintiff? sFirst Cause of Action is ambiguous and unintelligible and therefore
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subject to a special demurrer for uncertainty. (Civ. Proc. Code. § 430.10(f)); and
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10 2. Plaintiff's Second Cause ofAction fails to state facts sufficient to constitute a cause
1 of action. (Civ. Proc. Code. §430.10(e)).
Demurrer is
12 As explained in the concurrently filed Declaration of Joren S. Ayala-Bass, this
13 made following a conference of counsel pursuant to section 430.41 (a)(2) of the California Civil
14 Procedure Code and Rule 20.2.1 ofthis Court’s Civil Local Rules. The conference of counsel
15 took place on March 7, 2018. See Ayala-Bass Decl. |2 & Exh. A.
16 This Demurrer is based on thisNotice of Demurrer and Demurrer, the attached
17 Memorandum of Points and Authorities, the Declaration of Joren S. Ayala-Bass, all pleadings and
in
18 papers filed in this action, and such additional papers and arguments as may be presented
19 connection with the hearing.
20 Pursuant to Local Rule 20.2.3, the court will issue a tentative ruling for this matter on the
21 court day before the hearing, The tentative ruling will be available after 12:00 noon as an audio
22 recording accessible at (916) 408-6480; the tentative ruling will also be available atthe court’s
ruling on the
23 website, www.placer.courts.ca.gov. The tentative ruling shall become the final
the tentative ruling
24 matter and no hearing will be held unless oral argument is timely requested or
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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT
Case No. SCV0040667 :
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oral argument must be made by calling (916) 408-648! no later
indicates otherwise. Requests for
than 4:00 p.m. on the court day prior to the hearing.
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12,2018 ~ LEIDER + AYALA-BASS LLP
Dated: March
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Joren S. Ayala-Bass
Attorneys for. Defendant
SUNWOKS, INC. -
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_ NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT
Case No. SCV004 0667 © 8
TABLE OF CONTENTS
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INTRODUCTION .i.csscssesscccesssecssesssseesssenssenessecssssnenessesanenssnsenssaceusensonenannacnaceasaasesses
ALLEGATIONS 2
.....:.-ccscsscsssessessssssessssssenneenenasancententensntncs
Il. THE COMPLAINT AND ITS
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ill. LEGAL STANDARD cccecesesesupesussnanacanscsvsvencassesesensaehscceseersssessssececesensneecssucesanenansanansanens
CONTRACT CLAIM IS UNCERTAIN.....:cssssecssesssstsrsses 4
IV. PLAINTIFF’S BREACH OF
FAILS AS A MATTER OF LAW 6
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PLAINTIFF'S CUTSA CLAIM
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Because He Assigned itto
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A. Plaintiff Did Not Own the Alleged Trade Secret
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SUTWOLKS ...ccccccesccesess
Not Identify a Protected Trade 6
Secret........seesscseessseeseseenees
B. The Complaint Does
Did Not Take Reasonable Steps to Maintain the seerecy of His
Plaintiff 8
cnaseess enzeneese
“10 Alleged Trade Sec ret ... nueenucce
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Any Improper Means
1 D. The Complaint Does Not Allege That Sunworks Used
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to Acquire the Alleged Trade Secret .........sssssscsssecssssss
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VI. CONCLUSION cosccssssssssssecssseecessnncescnnesesssnennnnnnengssennn
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AND DEMURRER TO COMPLAINT :
NOTICE OF DEMURRER
Case No. SCV0040667
OF POINTS AND AUTHORITIES IN SUPPORT OF DEMURRER
MEMORANDUM
to sections 430.10(e) and 430.10(£) of the California Civil Procedure Code,
Pursuant
Inc. («Sunworks”) will and hereby does demur to the First and Second
Defendant Sunworks,
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Action inthe Complaint for Damages (“Complaint”) filed by Douglas Stiegmann
Causes of
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as set forth more fully below and in the concurrently filed Declaration of Joren S.
(“Plaintiff”)
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Ayala-Bass in Support of Demurrer (“Ayala-Bass Declaration”).
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! I. INTRODUCTION
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Plaintiff's Complaint appears to seek to convert an independent contractor agreement,
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terminable‘by either party and was terminated by Sunworks, into a winning lottery
which was
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to Plaintiff in perpetuity. The basis for Plaintiff's claims is unclear. At issue in
10 ticket, payable
are s
Plaintiff?’ First Cause of Action for breach of contract and his Second Cause of
al this demurrer
Act, Cal. Civ. Code § 3426
12 Action for alleged owed to him and
secret. The Contract is clear that both Plaintiff
21 aileocd misconduct related to the claimed trade
Contract. Jd.Exh. 1 9. Therefore, Sunworks’ alleged
22 and Sunworks could erp the
and failure to pay any commissions owed to Mr. Stiegmann is
oF decision to terminate the Contract
contract claim and provides | nosupport for an alleged misuse of any
24. relevant only to his breach of
includes no allegation that Sunworks employed improper means of
25 trade secrets. The Complaint
26 using orr acquiring any alleged trade secrets:
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DEMURRER AND DEMURRER TO COMPLAINT |.
NOTICE OF
Case No. SCV0040667
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VI. CONCLUSION
For the foregoing reasons, Plaintiff should be ordered to amend his First Cause of Action
-to‘allege with more specific ity his claim for breach of contract, including — the Centadt
‘confers upon him a-perpetual right to commissions for projects in which he was not involved, and
to identify those proj jectsfor which he contends he is: entitledto commissions. Plaintiff's Second
‘Cause of Action shoul i be dismissed with prejudice because Plaintiff has failed to state a valid
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claim under CUTSA. |
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Dated: March 12, 2018 LEIDER + AYALA-BASS LLP
- 10 wale Aho
11 'Joren S. ayaa Bass
Attorneys for Defendant
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SUNWORKS, INC.
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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT
Case No. SCV0040667 ibs