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WHYTE v. SCHLAGE LOCK CO.

No. G028382.

125 Cal.Rptr.2d 277 (2002)

101 Cal.App.4th 1443

J. Douglas WHYTE et al., Plaintiffs, Cross-defendants and Respondents, v. SCHLAGE LOCK COMPANY, Defendant, Cross-complainant and Appellant; Ingersoll-Rand Company, Defendant and Appellant.

Court of Appeals of California, Fourth District. Division 3.

September 12, 2002.

Attorney(s) appearing for the Case

Fisher & Phillips, John M. Poison, Robert Yonowitz and John E. Lattin IV, Irvine, for Defendant, Cross-complainant and Appellant and Defendant and Appellant.

Sonnenschein Nath & Rosenthal, Martin J. Foley, Michael E. Pappas and Azniv Ksachikyan, Los Angeles, for Plaintiffs, Cross-defendants and Respondents.

OPINION

FYBEL, J.

The doctrine of inevitable disclosure permits a trade secret owner to prevent a former employee from working for a competitor despite the owner's failure to prove the employee has taken or threatens to use trade secrets. Under that doctrine, the employee may be enjoined by demonstrating the employee's new job duties will inevitably cause the employee to rely upon knowledge of the former employer's trade secrets. No published California...

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