Legal Question in Business Law in California

Settlement agreement

In the Settle agreement it says ''Defendent (myself) shall refrain from solicitation or doing business with the following Hospital ______ entities who are presently clients of plaintiff for a period of two years.'' (from july 2007)

The plaintiff and I both audit hospitals. Our business dealings broke off and he tried to obtain all the clients for himself. He filled a lawsuit againts me for breach of contract trying to say all the clients were his. We went to mediation and made a settlement agreement.

One of the hospitals I agrred to not solicit or do bussiness recently told the plaintiff that they will know longer need is auditing services and will be doing the sales tax audit intermal. They offered him a job with them and he turned them down. They have now offered me the job. Can he come after me?


Asked on 8/27/08, 8:28 pm

1 Answer from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Re: Settlement agreement

This is a non-compete clause. California courts routinely strike such clauses as against public policy, invalid, and unenforceable. Most lawyers with any experience in business litigation / employment law are well aware of it, so I don't think you have anything to worry about.

If you would like to discuss this further, feel free to follow up.

Thanks,

p.s. I am in your area.

http://www.sanfranciscoemploymentlawfirm.com

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Answered on 8/28/08, 1:25 am


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