A jury trial is scheduled in December for the lawsuit filed by online real estate networking company ActiveRain Corp. against Realtor.com operator Move Inc. over a failed acquisition.

ActiveRain alleges in its lawsuit, filed in August and amended in November, that Move Inc. breached its contract, violated the California Trade Secrets Act and engaged in fraud and unfair competition in its dealings with the company, among other allegations.

In its response, Move countered that its actions with ActiveRain “were conducted in good faith and without fraud, oppression or malice toward (ActiveRain) or its legal rights.”

While the original complaint had alleged that Move Inc. violated the Washington Unfair Business Practices Act, the amended complaint instead references California code related to unfair competition, as the lawsuit was filed in the U.S. District Court in California. ActiveRain is based in Seattle and Move Inc. is based in Southern California.

Jerry McNaul, a lawyer who represents ActiveRain, said that both parties are engaged in the evidence-gathering phase of the trial and in taking depositions.

“There are no current settlement negotiations going on. Basically, we’re getting the matter ready for trial,” McNaul said today.

The discovery, or evidence-gathering phase of the lawsuit is scheduled to end on Sept. 5, with a final pretrial conference scheduled on Nov. 24 and a 10-day jury trial set for Dec. 2.

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