Apex Therpeutic Care v. Factor Health Management

Filed 6/25/07 Apex Therpeutic Care v. Factor Health Management CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

APPEAL from an order of the Superior Court of Los Angeles County, David P. Yaffe, Judge. Dismissed.

Alschuler Grossman Stein & Kahan, Steptoe & Johnson, Mark A. Neubauer, Rebecca Edelson, Meredith M. Moss and Brooke H. Eisenhart for Plaintiffs and Appellants.

Gordon & Rees and H. Scott Sirlin; Paduano & Weintraub and Anthony Paduano for Defendants and Respondents.

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Plaintiffs Apex Therapeutic Care, Inc. (Apex) and eBiocare.com, Inc. (eBiocare) filed this appeal from an order denying their application for a preliminary injunction as to defendants Factor Health Management, LLC (Factor), Robert Gardner (Gardner) and Donna Ligda (Ligda). The action is one for breach of fiduciary duty, misappropriation of trade secrets, interference with prospective economic advantage, unfair competition, declaratory relief and injunctive relief. Apex and eBiocare alleged generally that Ligda formerly worked for them. They alleged that during the course of her employment, she learned their trade secrets and had access to their employees and customers. After her employment with them terminated, Factor hired her. Apex and eBiocare alleged that while employed by Factor, Ligda and Gardner used the information obtained while in Apexs and eBiocares employ to lure Apexs and eBiocares employees and customers to Factor.

Apex and eBiocare also filed an ex parte application for a temporary restraining order and order to show cause for a preliminary injunction. The trial court granted a temporary restraining order against Factor, Gardner and Ligda and set a hearing on the order to show cause. The temporary restraining order prohibited defendants from using any information disclosed to Ligda as a result of her employment by plaintiffs, soliciting any of plaintiffs employees or customers, or permitting Ligda to work for Factor in competition with plaintiffs businesses. Thereafter, however, the trial court denied the application for a preliminary injunction.

During the pendency of this appeal, the parties engaged in settlement negotiations. On May 31, 2007, they filed a stipulation for dismissal of the appeal. Pursuant to this stipulation, the appeal is dismissed. The parties are to bear their own fees and costs. The remittitur is to be issued forthwith.

NOT TO BE PUBLISHED

SPENCER, P. J.

We concur:

VOGEL, J.

MALLANO, J.