Samsung Electronics America, Inc. v. --------
Cal.Superior,2006.
Only the Westlaw citation is currently available.

Superior Court, Orange County, California.
SAMSUNG ELECTRONICS AMERICA, INC., a Delaware corporation. Plaintiff,
v.

---- -------- aka --- -------- , an individual; and Konica Minolta Printing Solutions USA, Inc., a New York corporation; and Does 1 to 100, inclusive, Defendants.

No. 06 CC 08239.
Dec. 18, 2006.

Stuart P. Jasper (91378), Jasper & Jasper, P.C., Irvine, California, for Defendant --- '---' -------- .

ORDER SUSTAINING DEMURRERS WITHOUT LEAVE TO AMEND TO SECOND THROUGH SIXTH CAUSES OF ACTION

DIDIER, J.

*1 There came on regularly for hearing the at the above-referenced time and date the demurrers of defendants to the second through sixth causes of action. There were appearances by Stuart Jasper for defendant -------- , Craig Schloss, Esq. for defendant Konica Minolta, and Michelle M. Lavoie, Esq. for plaintiff Samsung. After consideration of the papers and argument of counsel, the court rules as follows.

The first cause of action, which was not demurred to, is for misappropriation of trade secrets. The second cause of action is for unfair competition against all defendants. The third cause of action is for breach of duty of loyalty against only defendant -------- . The fourth cause of action is for unjust enrichment and is against all defendants. The fifth cause of action is for intentional interference with prospective economic advantage against all defendants. The sixth cause of action is for conversion against all defendants.

As the court set forth at length in its order filed October 19, 2006, the allegations of the second through sixth causes of action all arise from the same nucleus of operative facts as the first cause of action for misappropriation of trade secrets and are thus preempted by the Uniform Trade Secrets Act.

After having previously given plaintiff leave to amend, the court finds that the first amended complaint is subject to the same defects as the complaint. Further, plaintiff made no request to serve a second amended complaint.

Therefore, for good cause shown, the demurrers to the second through sixth causes of action are sustained without leave to amend.

Trial in this action is set for July 9, 2007 at 9:00 a.m. in this department for a seven day jury trial.
IT IS SO ORDERED.

Cal.Superior,2006.
Samsung Electronics America, Inc. v. --------
Not Reported in Cal.Rptr.3d, 2006 WL 3733185 (Cal.Superior)

END OF DOCUMENT