Aagard
Aagard v. Palomar Builders, Inc.
Opinion
Opinion
Damrell, J.
MEMORANDUM AND ORDER
This matter comes before the court on plaintiff and counterclaim defendant Jane E. Aagard’s (“Aagard”) motion to dismiss counterclaims three through seven, brought by defendants and counterclaim-ants Palomar Builders, Inc., Jeffrey D. Allen, Sue Tsai, Palomar Construction Co., and Todd Selk (collectively, “Palomar”), for failure to state a claim upon which relief can be granted.
Aagard asserts that Palomar’s counterclaims fail to state a claim for relief for misappropriation; unlawful business practices, pursuant to Cal. Bus. & Prof.Code §§ 17200 and 17500 et seq.; intentional interference with prospective business advantage; breach of fiduciary duty; and declaratory relief, pursuant to 28 U.S.C. §§ 2201 and 2202. Specifically, Aagard contends that these state law counterclaims are preempted, pursuant to the Supremacy Clause of the United States Constitution, by federal copyright law.
BACKGROUND
Palomar designs and constructs residential homes in and around Redding, California. (Defs.’ Answer and Counterclaim (“Defs.’ Counterclaim”), filed May 26, 2004 at 7.) Early in the company’s development, Palomar created several original House Design Plans (“Plans”),…