This section contains the nature of the case and procedural background.

P filed a complaint against D for the breach of her duty of loyalty. P alleges that D owed a duty of loyalty to P as P's office manager and breached that duty by using P's confidential trade secrets to unfairly compete with the P, causing P to suffer damages. D filed an answer and special defenses. D alleges that she owed P no duty of loyalty because 'the duty of loyalty because the contractual obligation between the parties was arrived at based on the P's fraud and false representations to D.' D alleges that P indicated that it 'was running a lawful and ethical business' when 'the plaintiff and particularly its owner Dr. Rosenberg had a regular practice of violating overtime regulations . . . actions [that] were in direct conflict with the representations made to defendant.' P filed a motion to strike.

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