California Court of Appeal

Except for dismissal of Cartwright Act claim, judgment in favor of defendant is reversed as: 1) noncompetition agreement prohibiting employee from performing services for former clients is invalid under Business and Professions Code section 16000 unless it falls within statutory or "trade secret" exceptions to statute; 2) requiring plaintiff to execute Termination of Non-Compete Agreement as consideration for release from noncompetition agreement was an independently wrongful act; and 3) requiring plaintiff to waive Labor Code section 2802 indemnity rights as a condition of continued employment violated public policy and was also an independently wrongful act.

Appellate Information

• Decided 08/30/2006
• Published 08/30/2006

Judges

• ALDRICH, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Offices of Richard A. Love, Richard A. Love and Beth A. Shenfeld, Los Angeles, for Plaintiff and Appellant.


• For Appellees:
  
• Latham & Watkins LLP, Wayne S. Flick and Yury Kapgan, Los Angeles, for Defendant and Respondent.