(1) Demurrer to Second Amended Complaint (SAC) (2) CMC
Tentative Ruling: Defendants’ demurrer to the SAC’s 3rd, 4th, and 7th COAs is OVERRULED. Facts pled in the 66th and 73rd paragraphs of the SAC establish that these causes of action are separate and distinct from misappropriation of trade secret claims. (Angelica Textile Services, Inc. v. Park (2013) 220 Cal.App.4th 495, 506.) Defendants to file an Answer within 20 days.
Plaintiff to give notice.
Defendant’s sole argument for demurrer to the 3rd, 4th, and 7th COAs is that is that they are superseded by the CUTSA.
However,
UTSA does not displace noncontract claims that, although related to a trade secret misappropriation, are independent and based on facts distinct from the facts that support the misappropriation claim (Angelica Textile Services, Inc. v. Park (2013) 220 Cal.App.4th 495, 506, as modified (Oct. 29, 2013), as modified on denial of reh'g (Nov. 7, 2013).)
Here, in relation to the 3rd COA (Breach of Fiduciary Duty), Plaint
Hearing Date
March 10, 2020
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(1) Demurrer to Second Amended Complaint (SAC) (2) CMC
Tentative Ruling: Defendants’ demurrer to the SAC’s 3rd, 4th, and 7th COAs is OVERRULED. Facts pled in the 66th and 73rd paragraphs of the SAC establish that these causes of action are separate and distinct from misappropriation of trade secret claims. (Angelica Textile Services, Inc. v. Park (2013) 220 Cal.App.4th 495, 506.) Defendants to file an Answer within 20 days.
Plaintiff to give notice.
Defendant’s sole argument for demurrer to the 3rd, 4th, and 7th COAs is that is that they are superseded by the CUTSA.
However,
UTSA does not displace noncontract claims that, although related to a trade secret misappropriation, are independent and based on facts distinct from the facts that support the misappropriation claim (Angelica Textile Services, Inc. v. Park (2013) 220 Cal.App.4th 495, 506, as modified (Oct. 29, 2013), as modified on denial of reh'g (Nov. 7, 2013).)
Here, in relation to the 3rd COA (Breach of Fiduciary Duty), Plaint