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Doc Bailey Construction Equipment v. Brooke

Doc Bailey Construction Equipment v. Brooke
06:14:2006

Doc Bailey Construction Equipment v. Brooke


Filed 5/24/06 Doc Bailey Construction Equipment v. Brooke CA1/4


NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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



FIRST APPELLATE DISTRICT



DIVISION FOUR










DOC BAILEY CONSTRUCTION EQUIPMENT, INC.,


Plaintiff and Respondent,


v.


MICHAEL BROOKE et al.,


Defendants and Appellants.



A111589


(Alameda County Super.


Ct. No. RG03124779)



In this breach of contract action, Michael Brooke and Berens Winch & Hoist of Texas, Inc., appeal from a judgment on a court trial in favor of respondent Doc Bailey Construction Equipment, Inc. (DBCE). Brooke contends that an agreement precluding him from soliciting customers he served while employed at DBCE violates California's noncompete statute, Business and Professions Code section 16600 (section 16600). He also argues that the agreement violates state and federal antitrust laws. We affirm.


I. FACTUAL BACKGROUND


DBCE is in the business of renting and selling cranes, rigging and low block components, and accessories for construction equipment. Don â€





Description A decision regarding an agreement precluding from soliciting customers he served while employed at DBCE violates California's noncompete statute, Business and Professions Code.
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