Vista International Ins. Brokers v. Bernstein CA2/3

INTRODUCTION

Plaintiff Vista International Insurance Brokers appeals from a partial entry of judgment confirming an arbitration award in favor of its former employee, Defendant Maureen Bernstein, who cross-appeals. We exercise our discretion to construe these appeals as writs of mandate. Vista asserts that the court erred in denying its request for a preliminary injunction, in ordering the parties to arbitrate, and in entering judgment on the arbitration award. In her cross-appeal, Bernstein argues that the court wrongfully excluded Vista’s equitable claim from the judgment entered on the arbitration award. As to Vista’s arguments, we affirm the judgment because the preliminary injunction was not appropriate where it was unlikely Vista would succeed on its trade secret claim, the court avoided inconsistent rulings by compelling Vista and Bernstein to arbitrate their claims while staying other related litigation, and Vista failed to establish a basis for vacating the award. In regard to Bernstein’s cross-appeal, we conclude that the court erred in excluding Vista’s claim for injunction from the judgment it entered in favor of Bernstein on the arbitration award. We thus reverse the…