Cogenra Solar, Inc. et al v. SolarCity Corporation et al

Filing 92

ORDER by Judge Vince Chhabria granting in part and denying in part 66 Motion to Dismiss. Refiled discovery letter due by 5/31/2017. Refiled First Amended Complaint and motion to dismiss briefs due by 6/2/2017. Amended complaint due by 6/8/2017. (vclc2, COURT STAFF) (Filed on 5/25/2017)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

COGENRA SOLAR, INC., et al.,

Case No. 16-cv-05481-VC

Plaintiffs,
ORDER GRANTING IN PART
MOTION TO DISMISS

v.
SOLARCITY CORPORATION, et al.,
Defendants.

The state law tort claims are not preempted by the California Uniform Trade Secrets Act.
See, e.g., Angelica Textile Services, Inc. v. Park, 220 Cal. App. 4th 495, 506 (2013). The federal
trade secret claims are viable to the extent they are based on misappropriations (including
continuing misappropriations) that took place after the enactment of the federal statute.
However, consistent with the discussion at today's hearing:


Khosla Ventures is dismissed as a plaintiff because the First Amended Complaint
does not adequately allege that its injuries are derived from anything other than
the injuries to Cogenra. See, e.g., Rawoof v. Texor Petroleum Co., 521 F.3d 750,
761 (7th Cir. 2008); Shell Petroleum, N.V. v. Graves, 709 F.2d 593, 595 (9th Cir.
1983).



The promissory estoppel claim is dismissed for failure to allege reasonable
reliance.



The intentional interference claim is dismissed because the facts alleged in the
First Amended Complaint would preclude a finding of intent.



The parties must comply with the instructions provided at the hearing regarding

improperly sealed material. See Ctr. for Auto Safety v. Chrysler Grp., LLC, 809
F.3d 1092 (9th Cir. 2016). As discussed, the parties must refile the First
Amended Complaint and briefs on the motion to dismiss either without sealed
content or accompanied by new sealing requests by Friday, June 2, 2017. The
pending discovery letter and accompanying material is struck and must be
refiled, seeking only to seal legitimately sealable material, by Wednesday, May
31, 2017. Abuse of the sealing rules will be sanctioned going forward.
Dismissal is with leave to amend. Any amended complaint must be filed within 14 days
of this ruling.
IT IS SO ORDERED.
Dated: May 25, 2017
______________________________________
VINCE CHHABRIA
United States District Judge

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