Motion granted with 30 days leave to amend or Plaintiff may seek to amend pleadings after conducting discovery.
The gravamen of this action is that Defendants, sex-offender therapists who used to work for Plaintiff, set up and operated a competing business while working for Plaintiff using, and now continuing to use, Plaintiff’s trade secrets to operate their business.
Plaintiff seeks to strike the punitive damages prayer on the 3rd cause of action for Breach of the Duty of Loyalty and 5th cause of action for misappropriation of trade secret.
Plaintiff has not alleged specific facts showing malice. Plaintiff may seek punitive damages for “oppression, fraud or malice” by the defendant. (CC § 3294(a).) “Malice” means conduct intended by the defendant to cause injury to the plaintiff or despicable conduct that is carried on by the defendant with a willful and conscious disregard for the rights or safety of others. CC § 3294(c)(1). While the underlying claims may be generally alleged, s
Hearing Date
November 23, 2020
For full print and download access, please subscribe at https://www.trellis.law/.
Motion granted with 30 days leave to amend or Plaintiff may seek to amend pleadings after conducting discovery.
The gravamen of this action is that Defendants, sex-offender therapists who used to work for Plaintiff, set up and operated a competing business while working for Plaintiff using, and now continuing to use, Plaintiff’s trade secrets to operate their business.
Plaintiff seeks to strike the punitive damages prayer on the 3rd cause of action for Breach of the Duty of Loyalty and 5th cause of action for misappropriation of trade secret.
Plaintiff has not alleged specific facts showing malice. Plaintiff may seek punitive damages for “oppression, fraud or malice” by the defendant. (CC § 3294(a).) “Malice” means conduct intended by the defendant to cause injury to the plaintiff or despicable conduct that is carried on by the defendant with a willful and conscious disregard for the rights or safety of others. CC § 3294(c)(1). While the underlying claims may be generally alleged, s