Cross-Defendants Harman International Industries Incorporated and Harman Professional, Inc.'s Demurrer to Second Amended Cross-Complaint is overruled.
Harman is demurring on the grounds that the intentional interference with contract, interference with prospective economic relations, unfair business practices, implied indemnity, injunctive relief and declaratory relief are preempted by the California Uniform Trade Secrets Act ("CUTSA"). CUTSA is the exclusive remedy for conduct falling within its purview and supersedes other civil remedies based upon misappropriation of trade secret. (Cal. Civil § 3426.7(a), (b).) The statute preempts common law claims based upon the same nucleus of facts as the misappropriation of trade secrets claim. (K.C. Multimedia, Inc. v. Bank of America Technology & Operations, Inc. (2009) 171 Cal.App.4th 939, 958 [citation omitted].) The determination about whether a civil claim is preempted is a factual issue. (Id.) Based upon the allegations in the complaint
Hearing Date
April 06, 2017
Category
Civil - Unlimited
Type
Breach of Contract/Warranty
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Cross-Defendants Harman International Industries Incorporated and Harman Professional, Inc.'s Demurrer to Second Amended Cross-Complaint is overruled.
Harman is demurring on the grounds that the intentional interference with contract, interference with prospective economic relations, unfair business practices, implied indemnity, injunctive relief and declaratory relief are preempted by the California Uniform Trade Secrets Act ("CUTSA"). CUTSA is the exclusive remedy for conduct falling within its purview and supersedes other civil remedies based upon misappropriation of trade secret. (Cal. Civil § 3426.7(a), (b).) The statute preempts common law claims based upon the same nucleus of facts as the misappropriation of trade secrets claim. (K.C. Multimedia, Inc. v. Bank of America Technology & Operations, Inc. (2009) 171 Cal.App.4th 939, 958 [citation omitted].) The determination about whether a civil claim is preempted is a factual issue. (Id.) Based upon the allegations in the complaint