1.DEMURRER TO AMENDED COMPLAINT
Defendants’ demurrers to the First Amended Complaint are in part Sustained with 14 days leave to amend, and in part, Overruled, as set forth below.
Demurrer to 1st C/A: Breach of Written Contract
The demurrer to the 1st cause of action is Overruled.
A plaintiff can allege the contract by attaching the contract to its pleading, as is the case here. (See First Amended Complaint (FAC), Ex. A, Non-Disclosure Agreement; see Construction Protective Services, Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4th 189, 199; McKell v. Washington Mutual, Inc. (2006) 142 Cal.App.4th 1457, 1489).
According to the Non-Disclosure Agreement, the Recipient (Mr. Nguyen) agreed not to disclose confidential information of Plaintiff’s without permission. The confidential information is described in the agreement, inter alia, as the Plaintiff’s business records and plans, pricing structure, costs, discounts and other proprietary information. (See FAC, Ex. A, Sections 1.A. and II.A
Hearing Date
August 10, 2018
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1.DEMURRER TO AMENDED COMPLAINT
Defendants’ demurrers to the First Amended Complaint are in part Sustained with 14 days leave to amend, and in part, Overruled, as set forth below.
Demurrer to 1st C/A: Breach of Written Contract
The demurrer to the 1st cause of action is Overruled.
A plaintiff can allege the contract by attaching the contract to its pleading, as is the case here. (See First Amended Complaint (FAC), Ex. A, Non-Disclosure Agreement; see Construction Protective Services, Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4th 189, 199; McKell v. Washington Mutual, Inc. (2006) 142 Cal.App.4th 1457, 1489).
According to the Non-Disclosure Agreement, the Recipient (Mr. Nguyen) agreed not to disclose confidential information of Plaintiff’s without permission. The confidential information is described in the agreement, inter alia, as the Plaintiff’s business records and plans, pricing structure, costs, discounts and other proprietary information. (See FAC, Ex. A, Sections 1.A. and II.A