This is an action primarily alleging misappropriation of trade secrets brought by an employer, Plaintiff D Software, Inc. dba Zephyr (“Plaintiff”), against a former employee, Defendant Francis Adanza (“Defendant”) who left Plaintiff to work for non-party Testim, an alleged direct competitor of Plaintiff. The operative First Amended Complaint (“FAC”) states 10 causes of action: 1) Breach of Contract (three alleged written contracts); 2) Misappropriation of Trade Secrets; 3) Intentional Interference with Economic Advantage; 4) Conversion; 5) Breach of Fiduciary Duty; 6) Constructive Fraud; 7) Unfair Competition; 8) Constructive Trust; 9) Possession of Personal Property and; 10) Injunctive Relief.

The heart of the FAC is the allegations at 19 that “[d]uring June and July 2017, in the days leading up to the announcement of his resignation on July 1, 2017, and in the days following that announcement but prior to his last day of employment on July 14, 2017, [Defendant] sent 68 emails with a