California Court of Appeal
Alliance Payment Sys., Inc. v. Walczer, A111425
In action to collect amounts allegedly owed under a settlement agreement that divided a business, order granting new trial for defendants is affirmed where: 1) the settlement provisions are restraints of trade prohibited by Business and Professions Code section 16600; 2) the forfeiture of residuals for five years after dissolution is illegal; but 3) an antisolicitation covenant is enforceable under section 16602 as a restraint imposed in connection with the dissolution of a partnership, or the disassociation of a partner.
Appellate Information
- Decided 06/25/2007
- Published 06/25/2007
Judges
- MARCHIANO, P.J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- Morgan, Franich, Fredkin & Marsh, Mark B. Fredkin, San Jose, Donn Waslif, Attorneys for Appellant/Plaintiff-Alliance Payment Systems, Inc.
- For Appellees:
- Carr, McClellan, Ingersoll, Thompson & Horn, W. George Wailes, Lori A. Lutzker, Burlingame, Attorneys for Appellants/Defendants-Lisbeth Walczer et al.