TENTATIVE RULING:
Defendant Moxy Solutions LLC demurs to all 5 causes of action in the First Amended Complaint filed on 11/21/17 by Plaintiff Chukran Management Group LLC dba American Protection Corp.
The FAC alleges 5 causes of action:
1. Misappropriation of Trade Secrets 2. Negligent Hiring and Supervision 3. Negligent Interference with Prospective Economic Advantage 4. Intentional Interference with Prospective Economic Relations 5. Negligence
The demurrer is MOOT as to the 4th cause of action and OVERRULED as to the 1st - 3rd and 5th causes of action, for the reasons set forth below and in Plaintiff’s Opposition. Defendant Moxy shall file its answer or responsive pleading within 15 calendar days after service of notice of this ruling.
A. CUTSA Pre-Emption 1ST COA: Misappropriation of Trade Secrets
OVERRULED on this ground.
Defendant Moxy argues that the first cause of action states a common law claim for misappropriation of trade secrets, and that it is therefore pre-empted by CUTSA