Plump Engineering, Inc., Plaintiffv.Westshore Design Engineers, P.C.; Nicolas Nitti; Ryan Eagles; Piotr Sawras a/k/a Peter Sawras; and John Eibert, Defendants
MEMORANDUM-DECISION AND ORDERI. INTRODUCTION Plaintiff Plump Engineering, Inc. (“PEI”) brings this action against Defendants Westshore Design Engineers, P.C. (“WDE”), Nicolas Nitti, Ryan Eagles, Piotr “Peter” Sawras, and John Eibert (the “Individual Defendants”), asserting claims for: breach of contract (Claim One) and breach of duty of loyalty (Claim Three) against the Individual Defendants; breach of contract (Claim Two) against Defendants Sawras and Eibert; interference with prospective advantage and/or contractual interference (Claim Five) against WDE only; and misappropriation of trade secrets and/or intellectual property (Claim Four) and unfair competition (Claim Six) against all Defendants. (Dkt. No. 1, at 8-14). PEI seeks relief in the form of compensatory and punitive damages, an accounting and disgorgement of Defendants’ “ill-gotten gains,” specific performance of the agreements between the parties, and a permanent injunction precluding Defendants “from committing further” or “benefitting in any way from” the causes of action alleged, as well as fees, costs, and disbursements. (Id. at 14-15). Defendants now move to: compel arbitration of Plaintiff’s claims, to the extent they are arbitrable, against the Individual Defendants under section 4 of the Federal Arbitration Act (“FAA”), 9 U.S.C. §§1-16; stay any non-arbitrable claims and all claims against WDE under section 3 of the FAA; and to dismiss Plaintiff’s claims against the Individual Defendants under Federal Rules of Civil Procedure 12(b)(1), (3), and (6). (Dkt. No. 17). Plaintiff opposes the motion. (Dkt. No. 18). For the reasons that follow, Defendants’ motion is granted in part and denied in part.II. BACKGROUND1A. Individual Defendants’ Employment at PEIPEI is a design engineering firm with its primary place of business in Anaheim, California that provides architectural, engineering, and land surveying services. (Dkt. No. 1,
