Cotton

ReadyLink Healthcare v. Cotton

Good Law
126 Cal. App. 4th 1006·2005 Cal. App. LEXIS 224·2005 Daily Journal DAR 1797·24 Cal. Rptr. 3d 720·2005 Cal. Daily Op. Serv. 1336
Court of Appeal of CaliforniaFebruary 14, 2005E033651California6,511 words

Opinion

Opinion

Gaut, J.

Defendant Jerome Cotton appeals from the trial court’s order issuing a preliminary injunction in favor of his former employer, plaintiff ReadyLink Healthcare (ReadyLink). The preliminary injunction contains paragraphs “a” and “b.” Paragraph “a” enjoins Cotton from soliciting ReadyLink employees and customers, including ReadyLink’s agents, nurses, remote recruiters, hospitals, and other healthcare facilities and professionals under contract with ReadyLink. Paragraph “b” enjoins Cotton from using or disclosing ReadyLink trade secrets or other confidential information Cotton took or received from ReadyLink. Paragraph “b” lists numerous items as protectable trade secret items.

Cotton contends the trial court abused its discretion in issuing the preliminary injunction because ReadyLink is not likely to prevail on its claims and failed to establish it would suffer irreparable harm in the absence of the injunction. Cotton also claims the injunction should have been denied because it is premised on an unenforceable clause. In addition, Cotton argues many of the enjoined items are not trade secrets and the injunction language is vague and ambiguous.

Since Cotton only appealed…

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