Washington Legal Roundup – Division I
MP Medical is a California corporation that sells, delivers and repairs medical equipment. They had an employee in the State of Washington, Philip Wegman, that handled their customers in Washington. Things went south and Mr. Wegman left MP Medical’s employ. He started his own business and MP Medical sued him for breach of his nonsolicitation contract and tortious interference with contractual relationship. The contract was governed by California law, which made the nonsolicitation clause unenforceable.
The trial court determined that Mr. Wegman was entitled to over $100,000 in attorney fees and costs. MP Medical appealed. Mr. Wegman then attempted to enforce the judgment through a writ of execution on the appeal. The trial court denied a motion by MP Medical to put aside the allegedly wrongful seizure of its appeal by writ of execution.
The Court of Appeals determined that the trial court should have exercised its inherent authority to prevent one side from gaining control over both sides of the litigation, but otherwise affirmed the judgment that the nonsolicitation clause violated California law.