BLUE MOUNTAIN ENTERPRISES, LLC, Plaintiff and Respondent, v. GREGORY S. OWEN et al., Defendants and Appellants., 74 Cal. App. 5th 537

Summary

HOLDINGS: [1]-Because a claim for breach of a customer nonsolicitation covenant, although pleaded with an employee solicitation claim, involved a different primary right and thus could be fully resolved separately, Code Civ. Proc., § 437c, subd. (f)(1), allowed summary adjudication; [2]-The sale of goodwill exception in Bus. & Prof. Code, § 16601, to the general prohibition against covenants not to compete in Bus. & Prof. Code, § 16600, applied because multiple contracts in one transaction were properly construed together under Civ. Code, § 1642, and disposed of the seller's entire ownership interest; [3]-The seller breached the covenant because a letter to customers was a solicitation, not merely an announcement; [4]-Attorney fees for enforcing the covenant were proper under Civ. Code, § 1717, subd. (b)(1), because prevailing party status did not require success on all claims.