Partner Bill Caldarelli Obtains Summary Adjudication For Client In Breach of Contract Matter

Motion For Summary Adjudication Granted In Its Entirety

Partner Bill Caldarelli successfully obtained summary adjudication invalidating numerous anti-competitive contractual provisions under California Business & Professions Code section 16600.  CHPL represented Salvatore Mendoza in an action brought by Mr. Mendoza’s former employer in which ProTec alleged that Mr. Mendoza was violating certain non-solicitation and non-competition provisions in his employment agreement with his former employer.  Mr. Caldarelli filed a motion challenging the enforceability and validity of the clauses under Business & Professions Code section 16600.  The motion also challenged the enforceability of a No-Hire clause in Mr. Mendoza’s former employer’s customer contracts which purported to prohibit the company’s customers from doing business with its former employees, such as Mr. Mendoza.  The motion was granted in its entirety, with each of the challenged non-competition, non-solicitation, and no-hire provisions found to be in violation of California law and unenforceable.