Opinion
Case No. 2:05-CV-1117 MCE PAN.
October 12, 2005
LAW OFFICES OF WANLAND BERNSTEIN, Donald M. Wanland, Jr. (SB# 122462), Donald O. Spaulding (SB# 128109), James P. Chandler (SB# 215886), Sacramento, California, Attorneys for Plaintiffs.
HOMES LOANS, INC., Linda L. Price, President, for Plaintiffs.
Thomas Anthony Wimberly, Ron Jones, individually and dba Northern California Homes Loans, for Defendants.
STIPULATION AND JUDGMENT FOR PERMANENT INJUNCTION
Plaintiffs Homes Loans, Inc., a California corporation, and Linda Price, an individual (collectively "Plaintiffs"), and Defendants Thomas Anthony Wimberly, an individual, and Ron Jones, individually and dba Northern California Homes and Loans (collectively "Defendants") have entered into a settlement agreement in the above-captioned matter. Pursuant to the terms of said settlement agreement, the parties hereby stipulate and agree that the preliminary injunction issued by this Court on June 28, 2005 will be entered as a judgment and permanent injunction against Defendants.
THE PARTIES HEREBY STIPULATE AND AGREE TO ENTRY OF A JUDGMENT AS FOLLOWS:
A. A permanent injunction is hereby issued. Defendants, their agents, servants, employees and attorneys and all those in active concert or participation with them are hereby restrained and enjoined, directly or indirectly, whether acting alone or in concert with others, as follows:
1. Defendants shall not do business under the fictitious business name of "Homes Loans", "Homes and Loans, Inc.", or "Northern California Homes Loans", or any similar or derivative business name;
2. Defendants shall not represent themselves as being employed by, or otherwise representing, or associated with "Homes Loans," "Homes and Loans, Inc." "Northern California Homes Loans," or any similar or derivative business name to any clients, potential clients or the general public;
3. Defendants shall not post any signs at their place or places of business, or anywhere else, or distribute any advertising materials advertising the fictitious business names "Homes Loans," "Homes and Loans, Inc." "Northern California Homes Loans," or any similar or derivative business name;
4. Defendants shall not use any of Plaintiffs' trade secret information for any reason whatsoever; including but not limited to Plaintiffs (i) website, (ii) customer list, (iii) email account(s);
5. Defendants shall not solicit or contact, directly or indirectly, any of Plaintiffs' employees, clients, potential clients, or customers or referrals identified through use of Plaintiffs' client or customer list;
6. Defendants shall not begin or complete any real estate transactions in which they have previously represented themselves as employees or representatives of "Homes Loans," "Northern California Homes Loans," or any similar business name.
B. Upon entry by the above-captioned Court, this stipulation and judgment shall be the final resolution of this action.
C. Plaintiffs' $5,000.00 temporary restraining order bond will be and hereby is fully exonerated with no liability. Plaintiffs' $500.00 preliminary injunction cash deposit in lieu of bond will be and is fully exonerated and said deposit shall be forthwith returned to Plaintiffs.
IT IS SO ORDERED.