New Castle Beverage v. Spicy Beer Mix CA2/7

Good Law
Court of Appeal of CaliforniaJune 17, 2014B249205California2,953 words

Opinion

Opinion

INTRODUCTION

Plaintiffs New Castle Beverage, Inc. and Ricky Monugian appeal from an order denying their motion for preliminary injunction to enjoin alleged misappropriation of their trade secrets by defendants Spicy Beer Mix, Inc., Gregory Murkijanian, Sr., and Premier Foods, LLC. New Castle and Monugian, however, have not presented arguments supported by citations to evidence in the record that the trial court abused its discretion in finding that they did not meet their burden on three factors required for a preliminary injunction: (1) irreparable injury, (2) balance of the harms, and (3) likelihood of success on the merits. (See Hunt v. Superior Court (1999) 21 Cal.4th 984, 999; Costa Mesa City Employees Assn. v. City of Costa Mesa (2012) 209 Cal.App.4th 298, 305.) Therefore, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Monugian was owner and president of New Castle. In October 2010 Monugian developed a beverage cup product containing a spicy mix around the rim and inside the cup. The product was called “Micheladas Antojitos.” Monugian claims as his trade secrets the development of the formulas for the spice mixtures, the solution that allows the spice mixture to adhere to…

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