Garcia
Merrill Lynch, Pierce, Fenner & Smith Inc. v. Garcia
Opinion
Opinion
Moreno, J.
ORDER GRANTING PLAINTIFF PRELIMINARY INJUNCTION
Presently before the Court is Plaintiffs Motion for a Preliminary Injunction. Having read the supporting papers and having heard oral argument, the Court hereby grants Plaintiffs Motion for a Preliminary Injunction.
I.
Discussion
A. Factual Background
On August 25, 2000, Defendants Sanae Garcia and Brian Garcia resigned from Merrill Lynch and immediately began working at Merrill Lynch’s competitor Sa-lomon Smith Barney, Inc. (“Smith Barney”). Following their departure, Plaintiffs contacted some of their former clients at Merrill Lynch to inform them of their change of employment. See Schweitzer Suppl. Decl. at Ex. A. Also on August 25, a Smith Barney vice president wrote to some of Merrill Lynch’s customers and provided them with documentation to transfer their accounts to Smith Barney. See Schweitzer Suppl. Decl. at Ex. B.
B. Analysis
In the Ninth Circuit, a party may obtain preliminary injunction relief by sastisfying one of two tests. The traditional test requires “1) a strong likelihood of success on the merits, 2) the possibility of irreparable injury to plaintiff if the preliminary relief is not granted, 3) a balance of…