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Halogen Response

Halogen Response

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Published by John Zappe

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Published by: John Zappe on Feb 14, 2011
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Case No. :10-CV-05471-SBAHALOGEN SOFTWARE INC.’S NOTICE OFMOTION AND MOTION TO DISMISS
QUINN EMANUEL URQUHART & SULLIVAN, LLPClaude M. Stern (Bar No. 96737)claudestern@quinnemanuel.comEvette Pennypacker (Bar No. 203515)evettepennypacker@quinnemanuel.comThomas R. Watson (Bar No. 227264)tomwatson@quinnemanuel.com555 Twin Dolphin Drive, 5
th
FloorRedwood Shores, California 94065Telephone: (650) 801-5000Facsimile: (650) 801-5100Attorneys for Defendant Halogen Software Inc.UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF CALIFORNIAOAKLAND DIVISIONSUCCESSFACTORS, INC., a DelawareCorporation,Plaintiff,vs.HALOGEN SOFTWARE, INC., a CanadianCorporation, and DOES 1 through 5, inclusive,Defendants.CASE NO. 4:10-CV-05471-SBA
DEFENDANT HALOGEN SOFTWAREINC.’S NOTICE OF MOTION ANDMOTION TO DISMISS
DATE: March 29, 2011TIME: 1:00 p.m.PLACE: Courtroom 1, 4th FloorJUDGE: Hon. Saundra Armstrong
Case4:10-cv-05471-SBA Document27 Filed12/27/10 Page1 of 32
 
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Case No. :10-CV-05471-SBAHALOGEN SOFTWARE INC.’S NOTICE OF MOTION
NOTICE OF MOTION AND MOTION
Please take notice that on March 29, 2011 at 1:00 p.m. in Courtroom 1, Fourth Floor of theUnited States District Court for the Northern District of California, Oakland Division, 1301 ClayStreet, Oakland, CA, the Honorable Sandra B. Armstrong presiding, Defendant Halogen Software,Inc. will, and hereby does, move to dismiss Plaintiff’s Complaint pursuant to Federal Rules of Civil Procedure 12(b)(6), 12(e) and 9(b).The basis for this motion is that (1) Plaintiff’s Complaint, including its claims forintentional interference with prospective economic advantage, conversion, fraud and deceit, andunfair competition, does not state a claim upon which relief can be granted because each aresuperseded by California’s Uniform Trade Secret Act or otherwise fail to state a cognizable causeof action, (2) Plaintiff’s intentional interference claim fails to allege a single relationship for whichPlaintiff expected an economic advantage, (3) Plaintiff’s conversion claim fails because theallegedly misappropriated information is not subject to conversion and Plaintiff maintained copiesof the information, (4) Plaintiff’s fraud and deceit claim is not pled with particularity, and (5)Plaintiff’s unfair competition claim is indefinite, unclear, vague and ambiguous with respect toalleged statements made by Defendant to Plaintiff’s customers and to the public.This motion is based on this Notice of Motion and Motion, the attached Memorandum of Points and Authorities, the pleadings in this action, the accompanying Request for Judicial Notice,and such other matters and argument as the Court may consider at the time of the hearing hereon.
CERTIFICATE OF MEET AND CONFER COMPLIANCE
On a December 20, 21, and 23, 2010, counsel for Halogen and SuccessFactors met andconferred by email and on December 27 telephonically regarding the subject matter of this motionand whether SuccessFactors would agree to file an Amended Complaint. The parties have beenunable to reach resolution or agreement.
STATEMENT OF ISSUES TO BE DECIDED
1. Does Plaintiff’s Complaint fail to state a claim for (i) Intentional Interference withProspective Economic Relations, (ii) Conversion, (iii) Fraud and deceit, and (v) Violations of Cal.Bus. & Prof. Code §§ 17200,
et seq.
(“CUTSA”)?
Case4:10-cv-05471-SBA Document27 Filed12/27/10 Page2 of 32
 
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Case No. :10-CV-05471-SBAHALOGEN SOFTWARE INC.’S NOTICE OF MOTION
2. Does Plaintiff’s claim for Intentional Interference with Prospective Economic Relationsfail to state a cognizable cause of action because Plaintiff fails to allege (i) a relationship withwhich it expected to receive an economic benefit, and (ii) harm.3. Does Plaintiff’s Conversion claim fail to state a cognizable cause of action because (i)Plaintiff’s intangible product and pricing information is not capable of an exclusive right topossession or control, and (ii) Plaintiff has not been deprived of that information resulting in anydamages.4. Does Plaintiff’s Fraud and deceit fail to state a cognizable cause of action becausePlaintiff (i) fails to plead a cognizable injury, and (ii) fails to allege fraud with the specificityrequired by Rule 9(b)?5. Does Plaintiff’s claims for violations of Cal. Bus. & Prof. Code §§ 17200,
et seq.
fail tostate a cognizable cause of action because (i) Plaintiff’s claim is unsupported without anactionable unlawful act, (ii) Plaintiff has not alleged any actions that are likely to deceive thepublic, and (iii) Plaintiff has not alleged any violation of antitrust or quasi-antitrust laws?6. Does Plaintiff need to provide a more definite statement for its unfair competition claimbecause Plaintiff fails to identify the “statements” Halogen allegedly made to SuccessFactors’customers and to the public, and because the unfair competition claim rises and falls withPlaintiff’s ability to state a cognizable cause of action?
Case4:10-cv-05471-SBA Document27 Filed12/27/10 Page3 of 32

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