California Court of Appeal for the Sixth District
58 Ca. Rptr. 3d 527 (2007)
Mui Luu and Cu Tu Nguyen (defendants) sold their Vietnamese calendar business to Huong Que, Inc. and Con Tu (Huong Que) (plaintiffs). Under the sales contract, Luu and Nguyen agreed to continue acting as managing agents for the company for four years. The contract also contained a covenant not to compete barring the defendants from involvement in a competing business “as an owner.” Subsequently, a Huong Que employee discovered an email response to a request by Luu for an address list containing about 90 percent of Huong Que’s customers. The email referenced the creation of a new company called Pro Calendar in which the defendants would be partners. Huong Que sued Luu, Nguyen, Don Phan, Pro Enterprise, LLC, and Pro Calendar (defendants) for breach of contract, breach of implied covenants of good faith and fair dealing, breach of the duty of trust and loyalty, misappropriation of a trade secret, and tortious interference with a business relationship. Huong Que asked for damages and injunctive relief. The trial court determined that Huong Que was likely to succeed on the merits of its case and granted a preliminary injunction against the defendants. Luu and Nguyen appealed to the California Court of Appeals for the Sixth District.
Rule of Law
Holding and Reasoning (Rushing, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 201,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.