Huong Que Inc., Con Tu v. Mui Luu, Cu Tu Nguyen
Published: Oct. 25, 2008 | Result Date: Dec. 21, 2007 | Filing Date: Jan. 1, 1900 |Case number: 1-05-CV-045811 Verdict – $525,347
Court
Santa Clara Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Mark A. Cohen
(technical)
Defendant
Michael E. Solt
(technical)
Facts
Plaintiffs Huong Que Inc. and Con Tu purchased a calendar-publishing business ("company") from defendants Mui Luu and Cu Tu Nguyen in January 2003. Mui Luu and Cu Tu Nguyen accepted Huong Que Inc. and Con Tu's offer to stay on as managing agents for company. Despite their employment by company, Mui Luu and Cu Tu Nguyen worked at a competing calendar company.
Huong Que Inc. and Con Tu filed suit for breach of contract, breach of the covenant of good faith and fair dealing, misappropriation of trade secrets, interference with prospective economic advantage, unfair competition, and unjust enrichment.
Mui Luu and Cu Tu Nguyen cross-complained for defamation and invasion of privacy.
Contentions
PLAINTIFFS' CONTENTIONS:
Huong Que Inc. and Con Tu contended that Mui Luu and Cu Tu Nguyen worked with business associates, including their cousins, to create a competing calendar company while still working for Huong Que Inc. and Con Tu. Further, Mui Luu and Cu Tu Nguyen used the plaintiffs' customer list to solicit clients.
DEFENDANTS' CONTENTIONS:
Mui Luu and Cu Tu Nguyen countered that they were not the owners of the competing company and were not improperly aiding them.
Damages
Huong Que Inc. and Con Tu sought damages in the amount of $171,000 for lost profits, $320,000 in punitive damages, and an unspecified amount for general damages and costs incurred to replace the services of Mui Luu and Cu Tu Nguyen. Mui Luu and Cu Tu Nguyen sought unspecified damages for defamation and invasion of privacy.
Result
The jury found for Huong Que Inc. and Con Tu in the amount of $530,349, representing $193,600 for economic damages; $205,000 for non-economic damages; $56,749 in prejudgment interest; and $75,000 in punitive damages (solely against Mui Luu). Mui Luu and Cu Tu Nguyen received $5,002 in damages for their cross-complaint.
Other Information
Huong Que Inc. and Con Tu intends to seek attorney fees and costs. Mui Luu and Cu Tu Nguyen's motion for a new trial was denied.
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