On a motion under Rules 21.01(1)(b) and 25.11, the defendants sought to strike substantial portions of a statement of claim alleging breach of a non-solicitation covenant, inducement, vicarious liability, and misrepresentation arising from employee departures to a competitor.
The court held the plaintiff had pleaded sufficient material facts on the core liability theories, emphasizing that particulars of alleged private solicitations need not be exhaustive at the pleadings stage where key actors, targets, and timeframe are identified.
The court declined to strike claims for breach, inducement, vicarious liability, misrepresentation, disgorgement-based relief, and punitive damages, including a novel waiver-of-tort theory, as they disclosed triable issues.
However, the court struck deficient damages allegations in specified paragraphs, with leave to amend to plead supporting material facts.
