Peckinpaugh

Millennium Corporate Solutions v. Peckinpaugh

Good Law
126 Cal. App. 4th 352·2005 Cal. App. LEXIS 163·2005 Daily Journal DAR 1357·23 Cal. Rptr. 3d 500·23 I.E.R. Cas. (BNA) 311
Court of Appeal of CaliforniaJanuary 7, 2005B171217California3,622 words

Opinion

Opinion

Boland, J.

SUMMARY

In this case, an insurance brokerage firm appeals from the grant of a preliminary injunction in favor of four former employees sued by the firm for unfair business practices and misappropriation of trade secrets. Both sides sought preliminary injunctive relief relating to the possession of confidential client files and information, and both motions were heard on the same date. The firm filed no opposition to the employees’ application. The trial court denied the firm’s application, and granted the employees’ application as unopposed.

The firm appeals from the court’s grant of injunctive relief to the employees, contending it was deprived of its right to a fair hearing on the employees’ preliminary injunction request. The firm claims it filed no opposition in the trial court because the court had denied parts of the employees’ request for a temporary restraining order, including the requested return of client files to the employees, and the firm therefore believed the issue was moot at the time of the hearing on the preliminary injunction. Finding no merit in the firm’s claim, we affirm the trial court’s order.

We further find the appeal was frivolous, and grant…

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