Modern Data Products v. Koch
Filed 6/26/06 Modern Data Products v. Koch CA2/3
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION THREE
| MODERN DATA PRODUCTS, INC., Plaintiff and Appellant, v. KEVIN KOCH et al., Defendants and Respondents. | B182675 (Los Angeles County Super. Ct. No. SC065786) |
APPEAL from an order of the Superior Court of Los Angeles County, Lisa Hart Cole, Judge. Affirmed.
Michael A. Gutenplan for Plaintiff and Appellant.
Thomas A. Nitti for Defendants and Respondents Kevin Koch and James Wilbur.
No appearance for Defendant and Respondent James Sisson.
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Modern Data Products, Inc. (MDP) appeals an award of attorney's fees in favor of defendants Kevin Koch, James Wilbur and James Sisson. We affirm the order.
BACKGROUND
Sometime prior to 2001, former employees of MDP started a new business, SA Consulting, that competed directly with MDP. SA Consulting hired several MDP employees, including Koch, Wilbur and Sisson. Apparently expecting litigation by MDP, the employment agreement between Koch, Wilbur and Sisson and SA Consulting provided that SA Consulting would pay Koch, Wilbur and Sisson's attorney's fees if MDP sued them.
As anticipated, MDP sued SA Consulting for business torts and sued Koch, Wilbur and Sisson for breach of their employment/trade secret agreement with MDP. SA Consulting paid the attorneys who defended Koch, Wilbur and Sisson in MDP's lawsuit. After a three week trial, a jury returned a defense verdict. All of the defendants sought attorney's fees. The trial court denied the request submitted by the founders of SA Consulting but awarded Koch, Wilbur and Sisson attorney's fees in the amount of $167,157, based on the contractual provision for attorney's fees contained in their employment/trade secret agreement with MDP. In making this award, the trial court rejected MDP's argument that Koch, Wilbur and Sisson had not â€
