Twentieth Century Fox Film Corp. v. Netflix CA2/5

I. INTRODUCTION

The trial court granted summary adjudication in favor of Twentieth Century Fox Film Corporation and Fox 21, Inc. (collectively Fox) on their unfair competition claim1 and entered a judgment enjoining Netflix Inc. (Netflix) from soliciting employees under contract with Fox. On appeal, Netflix contends there are triable issues on the UCL claim, two affirmative defenses to that claim, and two cross-claims. Netflix also maintains the injunction is an invalid restraint on employee mobility. We affirm.

II. FACTUAL BACKGROUND2

A. Waltenberg Agreement

Marcos Waltenberg joined Fox in 2003 and on December 9, 2014, he and Fox entered into a fixed-term

Fox brought the claim under the Unfair Competition Law (the UCL), Business and Professions Code section 17200 et seq.

We recite the facts in the light most favorable to the party opposing summary adjudication. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843 (Aguilar).)

2 employment agreement (Waltenberg agreement) pursuant to which Fox agreed to employ him for two years, from January 1, 2015, to December 31, 2016. Waltenberg’s salary during the contract term was below the market 25th…