1) Demurrer to Amended Complaint – SUSTAINED WITH 15 DAYS LEAVE TO AMEND
2) Case Management Conference – continued to May 21, 2018 at 9:00 a.m.
The Demurrer by Defendant CalAmp Corp. to Plaintiff Patrick Smythe’s Second Amended Complaint (“SAC”) is sustained with 15 days leave to amend.
Defendant’s requests for judicial notice are denied as unnecessary for the SAC and minute order as they are part of the court file for this action, and, as to the transcript, on the ground that it is not a proper subject for judicial notice.
California Public Policy
In California, an employee's covenant not to compete with his or her employer is unenforceable. B&P Code § 16600 (“every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void”); Edwards v. Arthur Andersen (2008) 44 Cal.4th 937, 945. “California has a strong interest in protecting its employees from noncompetition agreements under section 16600.” Advanced Bionics Cor