The UCL Practitioner
Wednesday, March 09, 2005
Recent UCL decision: ReadyLink Healthcare v. Cotton
On February 14, 2005, the Court of Appeal (Fourth Appellate District, Division Two), issued its opinion in ReadyLink Healthcare v. Cotton, ___ Cal.App.4th ___ (Feb. 14, 2005). The opinion affirms the trial court's issuance of a preliminary injunction, holding that plaintiff had established that it was likely to prevail on its UCL claim:
In the instant case, there is ample evidence supporting the trial court's finding that Cotton misappropriated trade secret information and committed acts of unfair competition such that it is reasonably likely ReadyLink will prevail on its misappropriation claims and that denying a preliminary injunction will likely cause irreparable harm to ReadyLink.
(Slip op. at 18; see also id. at 12.) The injunction required the defendant, a former employee who went to work for one of the plaintiff's competitors, to stop using plaintiff's proprietary information in connection with his new job. The plaintiff did not bring the UCL claim on behalf of the general public but only individually. Notably, the Court of Appeal did not treat the UCL claim any differently from the other claims in assessing whether a preliminary injunction was appropriate.
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