K.C. Multimedia, Inc. v. Bank of America Technology & Operations, Inc.

Bad Law
171 Cal. App. 4th 939·2009 Cal. App. LEXIS 276·90 Cal. Rptr. 3d 247
Court of Appeal of CaliforniaMarch 3, 2009H030494California7,999 words

Opinion

Opinion

McADAMS, J.

After a lengthy trial on appellant’s civil claims for trade secret theft, the jury found for respondents. Appellant attacks the special verdicts, arguing that the jury erred as a matter of law in interpreting two contracts. Appellant also challenges the pretrial dismissal of three of its causes of action, which the trial court found statutorily preempted.

We shall affirm the judgment for respondents. In the unpublished portion of the opinion, we reject appellant’s attack on the special verdicts, concluding that they are supported by the evidence and by the law. In the published portion of the opinion, we address and reject appellant’s procedural and substantive challenges to the trial court’s pretrial preemption ruling.

BACKGROUND

The parties to this appeal are plaintiff and appellant K.C. Multimedia, Inc. (KCM), and defendants and respondents Bank of America Technology & Operations, Inc. (BATO), Bank of America National Association (BAÑA), and Bank of America Corporation (BA). This litigation arose out of a business relationship in which appellant supplied technology services to respondents or related entities, including BA’s predecessor, Bank of America National…

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