A former employer brought action against its former project manager and competitor in the commercial construction industry for misappropriation of trade secrets, intentional interference with prospective economic advantage, unfair competition, and interference with contract. The Superior Court, Santa Clara County, No. CV-017128, William J. Elfving , J., granted summary judgment for defendants, and former employer appealed.
Holdings: The Court of Appeal, Elia , J., held that:
(1) genuine issue of material fact as to whether information in documents taken by former project manager derived independent economic value from not being generally known by competitors precluded summary judgment on claim for misappropriation of trade secrets;
(2) genuine issue of material fact as to whether former employer made reasonable efforts to maintain the secrecy of that information precluded summary judgment on misappropriation of trade secrets claim;
(3) genuine issue of material fact as to the existence of an economic relationship between project owners and former employer precluded summary judgment on claim for intentional interference with prospective economic advantage; and
(4) genuine issues of material fact precluded summary judgment on unfair competition claims.
Court of Appeal, Sixth District, California.
SAN JOSE CONSTRUCTION, INC., Plaintiff and Appellant,
v.
S.B.C.C., INC., Defendant and Respondent.
No. H031066.
Oct. 12, 2007.
