FACTOR HEALTH MANAGEMENT v. Superior Court

Good Law
132 Cal. App. 4th 246·2005 Cal. App. LEXIS 1363·2005 Daily Journal DAR 10613·33 Cal. Rptr. 3d 599·2005 Cal. Daily Op. Serv. 7848
Court of Appeal of CaliforniaJuly 29, 2005B182643California1,577 words

Opinion

Opinion

Spencer, J.

INTRODUCTION

Factor Health Management, Robert Gardner and Donna Ligda, defendants in the action below, petition this court for a writ of mandate directing the trial court to vacate its order denying their motion to quash service of summons for lack of personal jurisdiction. They contend the trial court erred in finding that they made a general appearance in this action, waiving their challenge to jurisdiction.

We issued an order to show cause why a peremptory writ should not issue. Upon consideration of the matter, we disagree with petitioners’ contention and deny the petition.

FACTUAL AND PROCEDURAL BACKGROUND

About January 13, 2005, real parties in interest Apex Therapeutic Care, Inc. (Apex) and eBiocare.com, Inc. (eBiocare) filed this complaint against petitioners Factor Health Management, (Factor), Robert Gardner (Gardner) and Donna Ligda (Ligda) for breach of fiduciary duty, misappropriation of trade secrets, interference with prospective economic advantage, unfair competition, declaratory relief and injunctive relief. Apex and eBiocare alleged generally that Ligda formerly worked for them. During the course of her employment, she learned their trade secrets and…

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