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Everlasting Gifts, Inc. v. Eckhardt, Case No. SCV0041292 (Placer)

by | Mar 14, 2023 | Firm News

Shimoda & Rodriguez Law, PC just tried a case to verdict in front of a jury and won on all counts. The trial team of Brittany Berzin and Renald Konini worked hard for this deserving client and successfully defended her against all claims. Lukas Clary represented the employer at Weintraub Tobin. The trial lasted over one week.

On June 6, 2018, Everlasting Gifts, Inc. (Everlasting), an employer, filed a lawsuit against a former employee for misappropriation of trade secrets, unfair competition, intentional interference with prospective economic relations, breach of fiduciary duty, and injunctive relief. This lawsuit was filed two months after the California Labor Commissioner made a determination that Everlasting unlawfully retaliated against Ms. Eckhardt for exercising her right to use accrued sick leave.

Everlasting alleged that Ms. Eckhardt unlawfully used its vendor and customer information to start a competing business and unlawfully solicited customers. Ms. Eckhardt denied these allegations and asserted Everlasting failed to act fairly or in good faith in the matter, among other affirmative defenses. Throughout the litigation, Everlasting asserted it was entitled to all of Ms. Eckhardt’s business income and its own alleged lost profits, among other items of damages.

Ms. Eckhardt did not have many options as she was attempting to represent herself. Shimoda & Rodriguez Law, PC picked up her representation pro bono and endured multiple trial continuances in a case that lasted almost five years. The firm spent well into the six figures in fees and costs for this righteous cause. Ultimately, the jury found in Ms. Eckhardt’s favor on all claims asserted by Everlasting.