White

Electro Optical Indus., Inc. v. White

Good Law
76 Cal. App. 4th 653·90 Cal. Rptr. 2d 680
Court of Appeal of CaliforniaApril 12, 2000B133110California2,996 words

Opinion

Opinion

Electro Optical Industries, Inc. (EOI) unsuccessfully appeals from the trial court's order denying its application for a preliminary injunction to prevent the misappropriation of its trade secrets by respondent Stephen White (White), EOI's former sales manager. EOI also prayed for an order precluding White from participating in the sale or development of infrared testing equipment. White is currently employed as sales manager of Santa Barbara Infrared, Inc. (SBIR), a competitor of EOI.

EOI contends the Uniform Trade Secrets Act (Civ.Code, §§ 3426-3426.11 (UTSA),) permits the trial court to enjoin any actual or threatened misappropriation of its trade secrets. [1] (§ 3426.2, subd. (a).) EOI argues the trial court erred in refusing to do so here because the evidence shows that White knows EOI trade secrets and will inevitably use them if permitted to work for SBIR. White contends there is no threat he will misappropriate EOI's trade secrets because he cannot divulge technical information and his nontechnical information is either not confidential or useless to SBIR.

EOI is a supplier of infrared devices including test equipment sold to the military and defense…

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