Attorney Fees Awarded After Summary Judgment Filed And A Dismissal Of Trade Secrets Case Is Filed Instead Of Opposition.

Three individuals left plaintiff’s company and joined defendant’s company. Plaintiff brought a trade secret misappropriation claim against defendant. Defendant filed a motion for summary judgment containing evidence the purported trade secret was actually an off-the-shelf computer program. Plaintiff asked for several continuances to conduct discovery, but never opposed the motion and filed a dismissal instead.  The trial court awarded $484,943.46 for attorney fees and costs pursuant to Civil Code §3426.4 after making a finding the plaintiff was in bad faith when it brought the action.  The Court of Appeal affirmed, noting speculation the individuals must have taken trade secrets based on their decision to change employers does not constitute evidence of misappropriation.  Sasco v. Rosendin Electric, Inc. (Cal. App. Fourth Dist. Div. 3; July 11, 2012.) (As Mod. August 7, 2012) 207 Cal.App.4th 837.