Seaquist

ABBA Rubber Co. v. Seaquist

Good Law
1991 Cal. App. LEXIS 1194·235 Cal. App. 3d 1·286 Cal. Rptr. 2d 518·286 Cal. Rptr. 518·91 Daily Journal DAR 12774
Court of Appeal of CaliforniaOctober 16, 1991E008603California6,525 words

Opinion

Opinion

McKINSTER, J.

—In an action concerning the alleged misappropriation of trade secrets, the trial court issued a preliminary injunction, restraining the defendants from soliciting any former customers of the plaintiff. The defendants challenge the plaintiff’s entitlement to injunctive relief, the form and scope of the injunction, and the adequacy of the amount of the undertaking specified by the trial court. Concluding that the injunction is vague and that the amount of the undertaking is insufficient, we reverse the order.

Factual Background

Roy J. Seaquist began manufacturing rubber rollers under the name of ABBA Rubber Company in 1959. He sold the business in 1980. The plaintiff bought the business in 1982.

J.T. “Jose” Uribe began working at ABBA in 1973. He remained there through the various changes of ownership, rising to vice-president and general manager in 1987. His brother, J.A. “Tony” Uribe began working for the company in 1985, and later was promoted to sales manager. In these capacities, both Uribes became very familiar with the identities of ABBA’s customers.

Meanwhile, Mr. Seaquist had started a metal fabrication business known as Seaquist Company (Seaquist). In 1985,…

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