AtPac, Inc. v. Aptitude Solutions, Inc.

MEMORANDUM AND ORDER RE: MOTION TO DISMISS

Plaintiff AtPac, Inc. (“AtPac”) filed this action against defendants Aptitude Solutions, Inc. (“Aptitude”), County of Nevada, and Gregory J. Diaz alleging breach of contract, misappropriation of trade secrets, copyright infringement, and violation of the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030 et seq. Defendants move to dismiss plaintiffs fourth cause of action pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted.

I. Factual and Procedural Background

The facts of this case have been thoroughly discussed in the court’s prior order granting defendants’ motion to dismiss (Docket No. 21.) AtPac subsequently amended its Complaint to add additional factual allegations regarding the server on which it alleges its source code was stored and regarding defendants’ deceptive and allegedly illegal actions. This Order details only those facts that are newly alleged.

Specifically, plaintiffs First Amended Complaint (“FAC”) alleges that AtPac was the exclusive system administrator for the ER-Recorder server which was housed with Nevada County. (FAC (Docket No. 22) ¶ 24.)…