Radiant Skincare sought damages for lost profits and unjust enrichment, as well as punitive damages.
In 2002, plaintiff Radiant Skincare Clinic began providing non-surgical aesthetic services.
In 2004, Linda Moore, one of the founding partners, left to start a competing business, Rejuvenate Inc. Radiant Skincare claimed that Moore used its customer list to seek clients for her new business.
Radiant Skincare sued Moore and Rejuvenate for breach of contract and misappropriation of trade secrets. Plaintiff's counsel contended that Moore solicited customers from Radiant Skincare's customer list in violation of a written agreement and the Uniform Trade Secrets Act.
Moore contended that she had a right to contact the customers on the list because she had treated them personally. She also contended that she did not solicit them, but merely told them about her new business.
Superior Court, San Mateo County, California.
Radiant Skincare Clinic v. Linda Moore and Rejuvenate Inc.
No. CIV462205
DATE OF VERDICT/SETTLEMENT: March 27, 2008
Clinic Claimed Former Partner Stole Customers, Trade Secret
SUMMARY:
RESULT: Verdict-Plaintiff
The jury returned a plaintiff verdict, finding that Moore solicited customers in violation of her contract, that she breached her duties of good faith and fair dealing and confidentiality, and that she misappropriated a trade secret.
The jury awarded awarding $250,001.
EXPERT WITNESSES:
Plaintiff: Phil Allman ; Economics; San Francisco, CA
Defendant: Michael Boeril; Business Interruption/Lost Profits (Economics); San Mateo, CA
ATTORNEYS:
Plaintiff: Mark Hooshmand; Law Offices of Mark Hooshmand; San Francisco, CA (Radiant Skincare Clinic)
Defendant: Charles M. Riffle ; Aaron, Riechert, Carpol & Riffle, APC; Redwood City, CA (Linda Moore, Rejuvenate Inc.)
JUDGE: Beth Labson Freeman
RANGE AMOUNT: $200,000-499,999
STATE: California
COUNTY: San Mateo
