Before the Court is the demurrer by defendant Martin DeBono (“DeBono”) to the third and fifth causes of action of the FAC.

Factual and Procedural Background

This action arises out of DeBono’s alleged misappropriation of SunPower’s proprietary information and trade secrets. According to the allegations of the operative first amended complaint (“FAC”), DeBono was SunPower’s Executive Vice President of Global Channels and responsible for SunPower’s rooftop solar business. (FAC, ¶ 1.) When he started at SunPower, DeBono signed a non-disclosure agreement whereby he agreed to safeguard SunPower’s confidential information and work exclusively for SunPower during his employment. (Id. at ¶ 93.) DeBono later signed an employment agreement, in which he agreed not to actively engage in any other employment without his supervisor’s prior approval. (Id. at ¶ 94.)

While he was still employed with SunPower, DeBono began covertly working for Standard. (FAC, ¶ 3.) Specifically, DeBono drafted materia