Emultech v. Crenshaw
Filed 8/22/06 Emultech v. Crenshaw CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
THIRD APPELLATE DISTRICT
(Shasta)
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| VSS EMULTECH, Plaintiff, Cross-Defendant and Appellant, v. MICHAEL CRENSHAW, Defendant, Cross-Complainant and Respondent. | C049676
(Super. Ct. No. 150955)
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One person's exculpatory evidence of unlawful termination is another's purloined trade secrets. Defendant Michael Crenshaw worked for plaintiff VSS Emultech (VSS), first as a plant assistant and later as a plant superintendent. During his employment, one of his supervisors asked him to handwrite some plant documentation, a request Crenshaw believed tantamount to falsification of records. Crenshaw complied but later resigned from VSS, taking with him copies of the handwritten documentation and other VSS documents.
VSS filed suit against Crenshaw and his attorney, Perry Smith, for damages, alleging conversion and breach of a confidentiality agreement. Crenshaw cross-complained for unlawful discharge, breach of contract, and breach of the covenant of good faith and fair dealing.
Crenshaw later filed a motion to strike VSS's complaint under Code of Civil Procedure section 425.16.[1] The court granted Crenshaw's motion to strike. VSS appeals, arguing the court erred in allowing Crenshaw an extension of time to file his motion to strike; Crenshaw's conduct does not fall within the ambit of section 425.16; VSS made a prima facie showing of facts supporting a judgment in VSS's favor; the court erred in refusing to consider evidence VSS submitted in opposition to the motion to strike, and in refusing to allow documents to be filed under seal; and the court awarded improper attorney fees. We shall affirm the order granting Crenshaw's motion to strike.
FACTUAL AND PROCEDURAL BACKGROUND
VSS hired Crenshaw in 1998 as a plant assistant, promoting him one year later to plant superintendent. VSS produces and markets road oil products.
In 1999 VSS signed a license agreement (agreement) with Western Emulsion, Inc. (Western), granting VSS the license to exclusively produce and sell a patented asphalt emulsion called PASS in Northern California, Western Nevada, and Oregon. The agreement required VSS to maintain the confidentiality of the composition and manufacturing process of PASS. Crenshaw supervised the production of PASS, maintaining documentation consisting of â€
