Riley

Dodge, Warren & Peter Insurance Service, Inc. v. Riley

Bad Law
105 Cal. App. 4th 1414·130 Cal. Rptr. 2d 385·2003 Cal. App. LEXIS 171·2003 Daily Journal DAR 1447·19 I.E.R. Cas. (BNA) 1143
Court of Appeal of CaliforniaFebruary 5, 2003E031719California2,447 words

Opinion

Opinion

Ramirez, J.

Defendants James W. Riley (Riley), Sandra L. McGovern (McGovern), Patricia Anaya (Anaya) and Parthena Yorke (Yorke, collectively Defendants) appeal from an order issuing a preliminary injunction against them. The injunction requires the preservation of electronic evidence by prohibiting Defendants from destroying, deleting or secreting from discovery any of their electronic storage media and by requiring them to allow a court-appointed expert to copy all of it, including computer hard drives and discs, to recover lost or deleted files and to perform automated searches of that evidence under guidelines agreed to by the parties or established by the court. Defendants claim that the trial court erred in issuing the injunction because an adequate remedy at law existed and because plaintiff Dodge, Warren & Peters Insurance Services, Inc. (Dodge) provided no evidence in support of its issuance. We affirm.

Facts and Procedural History

Dodge is an insurance brokerage firm that employed Defendants. In December 2001, while still employed at Dodge, Riley and Garrison Gershon (Gershon) began taking steps to leave Dodge to open their own insurance brokerage. Anaya, McGovern and…

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