However HP’s lawsuit may be characterized, the core theme appears to be that Hurd has violated continuing obligations to HP, based upon two fundamentals: (i) the announcement that he has accepted a new position, and (ii) HP’s opinion that he will necessarily disclose and use HP’s trade secrets in that new position.
A recent case by a California Court of Appeal provides a reminder for homeowners and contractors that California’s requirement that “home improvement contracts” must be in writing does not necessarily prevent a contractor from enforcing an oral contract for payment, when fairness and justice so require; and, that a homeowner’s tactics in dealing with a contractor should be considered very carefully.
Until recently, however, no California appellate case had ruled that an employer who chooses to terminate an employee subject to a non-compete “out of respect and understanding with colleagues in the same industry,” may be sued for wrongful termination in violation of public policy. But that’s exactly what happened in Silguero v. Creteguard, Inc., a case decided by the Second Appellate District in Los Angeles on July 30, 2010 (Case No. B215179).
In the final day of the 2010 legislative session, the California Senate voted down a proposed statewide ban on single use plastic bags, known as AB1998. The final vote was 14 senators in favor and 21 opposed to the ban. Governor Schwarzenegger had indicated he would sign the bill into law, if passed. The legislation could be re-introduced next year.