Wycoff

Introduction

In this case we are called upon to determine if a covenant not to compete between Hill Medical Corporation (Hill Medical) and Dr. Russell R. Wycoff (Dr. Wycoff) is void pursuant to Business and Professions Code section 16600. Hill Medical has sought an injunction to enforce the covenant against Dr. Wycoff, claiming it falls within the narrow exception set forth in Business and Professions Code section 16601.

The trial court denied Hill Medical’s request for an injunction, concluding the covenant not to compete was unenforceable under section 16600 and did not fall within the exception of section 16601. We agree with the trial court. We conclude the noncompetition provision was void under section 16600 and did not comply with the requirements of section 16601. We affirm the judgment in favor of Dr. Wycoff. In light of this conclusion, we need not address other issues raised by the parties.

Factual and Procedural Background

1. Facts.

a. Preliminary facts.

Hill Medical is a professional California corporation of radiologists. It provides services in the field of radiology to hospitals, clinics, medical offices, and other health institutions and facilities.…