HEARING ON DEMURRER TO 1st Amended COMPLAINT

FI FILED BY CLIMB REAL ESTATE, INC., et al.

* TENTATIVE RULING: *

Before the Court is a demurrer (the “Demurrer”) filed by defendants Joyce Chiu (“Chiu”) and Climb Real Estate, Inc. (“Climb”) (collectively, “Defendants”). The Demurrer argues that the second and third causes of action included in the first amended complaint (“1AC”) filed by plaintiff The Pinza Group Property Management (“Pinza”) are deficient. Pinza opposes the Demurrer.

The Demurrer makes three arguments. First, it contends that the 1AC does not allege that either Chiu or Climb actually misappropriated a trade secret. Second, it contends that none of Pinza’s alleged damages were caused by any of Chiu or Climb’s alleged conduct. Third, it contends that the third cause of action, under Business and Professions Code § 17200 et seq., is pre-empted. Misappropriation

Chiu

Chiu is alleged to have been provided with Pinza’s confidential customer list by Gottfried, and to have