Popescu v. Apple Inc.
California Court of Appeal
1 Cal. App. 5th 39 (2016)
- Written by Kelsey Libby, JD
Facts
Dan Popescu (plaintiff) was an aluminum-engineering manager employed at will by Constellium Rolled Products Ravenswood, LLC (Constellium). In March 2011, Popescu was appointed project lead in the development of aluminum-alloy products for use in smartphones manufactured by Apple Inc. (defendant). Apple requested that Constellium sign a development agreement including a provision that Constellium would not supply alloy to any other electronics customers for five years. Popescu refused to sign the agreement on Constellium’s behalf due to what he believed was Apple’s unlawful, anticompetitive agenda. Apple requested that Constellium terminate Popescu’s employment, and ultimately Constellium did so. Popescu alleged that Apple persuaded Constellium to terminate him in order to get the development agreement finalized and perpetrate its anticompetitive scheme. Popescu filed suit against Apple, asserting claims for interference with his employment contract and business interference. Apple filed a demurrer, which the court sustained. Popescu appealed.
Rule of Law
Issue
Holding and Reasoning (Márquez, J.)
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