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,
Case4:10-cv-05471-SBA Document27 Filed12/27/10 Page2 of 32