Motion: Demurrer to Cross-Complaint. Moving Party Plaintiff/Cross-Defendant Tina Dutta-Ladva. Responding Party Defendant/Cross-Complainant Alliance Healthcare Services.  

Ruling: Plaintiff/Cross-Defendant Tina Dutta-Ladva’s demurrer to cross-complainant is OVERRULED in part and SUSTAINED in part with 15 days leave to amend.

First cause of action for violation of California Penal Code section 502

Defendant/Cross-Complainant Alliance Healthcare Services stated sufficient facts to support a claim that Plaintiff violated Penal Code section 502.  Cross-Complaint, ¶¶ 18-22, 26-32.  Plaintiff’s contention that the damages are speculative, conjectural and remote is not a ground for demurrer set forth in CCP section 430.10.  Alliance alleged sufficient facts to show it was damaged as a result of Plaintiff’s actions.  Cross-Complaint, ¶¶ 21, 32.  Plaintiff’s demurrer to this cause of action is overruled.

Second cause of action for violation of the Stored Communications Act

Alliance alleged sufficient facts to support this cause of action.  Cross-Complaint, ¶¶ 5, 37-38.  Plaintiff did not show that this cause of action was limited to the exclusive jurisdiction of the federal courts.  Plaintiff’s demurrer to this cause of action is overruled.

Third cause of action for trespass

Alliance alleged sufficient facts to support this cause of action.  Thrifty-Tel, Inc. v. Bezenek (1996) 46 Cal.App.4th 1559, 1566; Cross-Complaint, ¶¶ 22, 44-45.  Plaintiff’s demurrer to this cause of action is overruled.

Fourth cause of action for violation of the Computer Fraud and Abuse Act

Alliance did not allege sufficient facts to support this cause of action.  18 U.S.C.A. § 1030.  The demurrer is sustained with 15 days leave to amend.

Plaintiff did not show that this claim is subject to the exclusive jurisdiction of the federal courts.  The demurrer on this ground is overruled.

Plaintiff’s contention that the four causes of action fail to “adequately plead a theory of damages; damages are speculative, conjectural and remote” and that the causes of action are vague and uncertain

Plaintiff has not provided applicable legal authority to support her demurrer on the grounds that the cause of action fails to adequately plead a theory of damages, or that the damages are speculative, conjectural or remote.  Civ. Code, §§ 3300 and 3301; Metropolitan Water District of Southern California v. Campus Crusade For Christ, Inc. (2007) 41 Cal.4th 954, 974.  Plaintiff’s contention that the damages are speculative, conjectural and remote is not a ground for demurrer.  Plaintiff’s demurrer on these grounds to each of the four causes of action are overruled.

Plaintiff’s demurrer on the grounds that the causes of action are vague and uncertain is overruled.  The causes of action are not so unintelligible that Plaintiff cannot understand what is alleged against her.

Plaintiff/Cross-Defendant shall give notice.

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