1) The demurrer by defendants Raytheon Company and TRS LLC US to plaintiff Nagui Mankaruse’s second amended complaint is overruled in part, sustained in part and moot in part.
OVERRULED as to plaintiff Nagui Mankaruse’s first cause of action for misappropriation of trade secrets, second cause of action for breach of oral contract, third cause of action for breach of implied contract and fifth cause of action for breach of the covenant of good faith and fair dealing. As to all of these causes of action, defendants Raytheon Company, et al. failed to meet their burden of demonstrating that they are necessarily time-barred rather than that they may be time- barred. See, Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal.App.4th 1397, 1403. Also, with allegations of continuing obligations to pay royalties due, California law permits a plaintiff in the contract context to seek to enforce the agreement, despite a breach or breaches of the agreement, until the contracting party elects no longer
Hearing Date
November 09, 2017
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1) The demurrer by defendants Raytheon Company and TRS LLC US to plaintiff Nagui Mankaruse’s second amended complaint is overruled in part, sustained in part and moot in part.
OVERRULED as to plaintiff Nagui Mankaruse’s first cause of action for misappropriation of trade secrets, second cause of action for breach of oral contract, third cause of action for breach of implied contract and fifth cause of action for breach of the covenant of good faith and fair dealing. As to all of these causes of action, defendants Raytheon Company, et al. failed to meet their burden of demonstrating that they are necessarily time-barred rather than that they may be time- barred. See, Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal.App.4th 1397, 1403. Also, with allegations of continuing obligations to pay royalties due, California law permits a plaintiff in the contract context to seek to enforce the agreement, despite a breach or breaches of the agreement, until the contracting party elects no longer