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Permanent69

What do I need for a hearing?

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2 minutes ago, doucar said:

May I ask why are you in federal court?  This is a highly technical area of law and you have chosen a highly technical forum to pursue this in without an experienced litigator to guide you and you appear to be unwilling to do even the basic research on your own.  The fact that the court accepted your complaint, merely shows that the format was correct.  it is not the job of the clerk's office to read your complaint and judge its merits before accepting it.

 

Misappropriation of Trade secret is a Federal case 

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14 hours ago, Permanent69 said:

My Misappropriation of Trade Secret means a method, technique. Am I correct?

 

Read these search results.

 

 

14 hours ago, Permanent69 said:

Misappropriation of Trade secret is a Federal case

 

There is a cause of action for misappropriation of trade secrets that arises under federal law, but it is not much different than the cause of action that arises under state law.  Read this.

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6 hours ago, LegalwriterOne said:

The poster indicated in a prior post that he lives outside the US....

The poster is a female also!

Neither of which changes the fact that she is expected by the court to know the law and procedures just like an attorney and to actively participate in the proceedings which will primarily take place in California.

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1 hour ago, Permanent69 said:

 

Can anyone direct me to a link that will show me a sample of an amended complaint?

 

 

You can try google, but an amended complaint is simply a complaint that differs in some way from the original complaint.  You've obviously filed a complaint, so in order to create an amended complaint, all you need do is amend/alter/change the existing complaint.  Beyond that, there's nothing special about an amended complaint.

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The only thing that differs in form for an amended complaint as opposed to the original complaint is the title "Amended Complaint". Otherwise the form or format is the same, you will just have to plead it in a way that addresses the courts concerns with the original complaint, which can be a simple as changing a few words or sentences to as complicated as drafting and entire new complaint.

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22 hours ago, pg1067 said:

 

You can try google, but an amended complaint is simply a complaint that differs in some way from the original complaint.  You've obviously filed a complaint, so in order to create an amended complaint, all you need do is amend/alter/change the existing complaint.  Beyond that, there's nothing special about an amended complaint.

I have the Cause of Action as " MIsappropriation of Trade Secrets" which is correct.

I also had included in the Cause of Action as " Unjust Enrichment" on my complaint.

The Unjust Enrichment also needs to change in my complaint because it is the same as Misappropriation of trade Secrets and needs to be filed under a different term. Does anyone know the "term" used in suing for restitution in my case?

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15 hours ago, Permanent69 said:

The Unjust Enrichment also needs to change in my complaint because it is the same as Misappropriation of trade Secrets and needs to be filed under a different term. Does anyone know the "term" used in suing for restitution in my case?

 

I don't really understand your statement that the UE claim needs to change because it is the same as a misappropriation claim.  It is not the same, although there probably is substantial overlap.  It is extremely common for plaintiffs to include UE claims in addition to misappropriation claims, IP infringement claims, etc.

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On 1/25/2017 at 11:49 PM, doucar said:

Wouldn't your damages in your trade secret cause of action include restitution? BTW, which cause of action did the judge say needed to be amended?

The Judge says that I need to give more detail in my "trade secret". This is one of my road blocks, how much detail of a trade secret do I need to include in my amended complaint. The Judge also says that UE is of the same nucleus. 

 

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Since I do not know the judge and was not present at the hearing, my answer is going to appear somewhat circular. You need to put in enough detail so that the judge knows what the secret is and how the defendant misappropriated it. From what you are saying, the judge felt that both claims were for the same thing.

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I don't need to make big changes to my original complaint. I need to add more detail for the trade secret and also use only one of the two causes of action. Misappropriation of Trade Secrets or Unjust Enrichment. Which I will be using the Misappropriation of Trade Secrets once I give more detail in the trade secret. 

 

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21 hours ago, doucar said:

Since I do not know the judge and was not present at the hearing, my answer is going to appear somewhat circular. You need to put in enough detail so that the judge knows what the secret is and how the defendant misappropriated it. From what you are saying, the judge felt that both claims were for the same thing.

Also the hearing was dismissed since the Judge felt oral argument was not needed. I presume the Judge believes the information contained in the complaint. Is there such thing that a Judge believes my complaint and is giving me an opportunity to at least get to the next step after the motions which is the discoveries. 

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21 hours ago, doucar said:

Since I do not know the judge and was not present at the hearing, my answer is going to appear somewhat circular. You need to put in enough detail so that the judge knows what the secret is and how the defendant misappropriated it. From what you are saying, the judge felt that both claims were for the same thing.

Yes 

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2 hours ago, Permanent69 said:

I presume the Judge believes the information contained in the complaint.

Don't assume or presume.  The judge simply decided that you didn't sufficiently present a valid claim.  He's heard no evidence.  The pleading was insufficient to allow the case to proceed.  Courts usually allow a party to file an amended complaint at least once.

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Agreed. The ruling had nothing to do with the merits of your complaint. Judges are loath to dismiss a complaint for a flaw that may be correctable the first time around. don't expect the same approach if your amended complaint is deemed defective. And as previously noted, federal judges rarely allow oral arguments on motions, so don't read anything into that.

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14 hours ago, Permanent69 said:

I put both Misappropriation of Trade Secrets and Unjust Enrichment on the complaint.

So I need only one or the other?

 

No one here is in a position to answer this question intelligently because we don't know the facts and circumstances of your case.  Moreover, you're asking for legal advice (i.e., you're asking for a conclusion about how to plead your case).  If it's not against the rules of this board to provide legal advice, it should be, and, in any event, it would be very ill-advised for anyone to do it.

 

 

14 hours ago, Permanent69 said:

The Judge says that I need to give more detail in my "trade secret". This is one of my road blocks, how much detail of a trade secret do I need to include in my amended complaint.

 

We have no way of knowing.  What you need to do is research cases in which the courts laid out the requirements for pleading a misappropriation claim.

 

 

13 hours ago, Permanent69 said:

Also the hearing was dismissed since the Judge felt oral argument was not needed. I presume the Judge believes the information contained in the complaint.

 

As I've told you more than once, very few federal judges in California hold hearings on civil motions.  Also, the judge neither believes nor disbelieves what you alleged in your complaint.  It's not his/her job to decide if what you've alleged is truthful.  However, as you should have learned in the process of opposing the motion to dismiss, a court considering a motion to dismiss must assume the truth of all well-pleaded factual allegations in the complaint.

 

 

13 hours ago, Permanent69 said:

Is there such thing that a Judge believes my complaint and is giving me an opportunity to at least get to the next step after the motions which is the discoveries.

 

Huh?

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