· 3/3/2009
K.C. Multimedia, Inc. v. Bank of America Technology & Operations, Inc.
Citations
- 171 Cal. App. 4th 939
- 90 Cal. Rptr. 3d 247
- 2009 Cal. App. LEXIS 276
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that CUTSA preempts non-contract claims “that are based on the same nucleus of facts as the misappropriation of trade secrets claim for relief”
- holding the facts, not the labels, in a pleading determine whether a plaintiff is entitled to relief
- holding breach of confidence, interference with contract, and CLUC claims were superseded because \the conduct at the heart of\ the common law and CUTSA claim was \the asserted disclosure of trade secrets\
- holding 26 CUTSA “preempts common law claims that are based on the same nucleus of facts as the misappropriation of trade secrets claim for relief” (internal quotation and citation 27 omitted).
- helping and encouraging employee’s trade secret theft “falls within the statutory definition of ‘improper means’ of acquiring a trade secret, which ‘includes ... breach or inducement of a breach of duty to maintain secrecy ...’”
- “The UTSA therefore ‘preempts’ all common law claims that are ‘based on the same nucleus of facts as the misappropriation of trade secrets claim for relief.’ ”
Source: CourtListener parenthetical corpus (CC0).
Judges: McAdams, Mihara, Duffy
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.