Legal Opinion
Kolani v. Gluska
California Court of Appeal
Decided June 1, 1998No. B112558PublishedCited by 70 opinions
1Opinion of the Court
Opinion
NEAL, J.
Summary
A broad covenant not to compete cannot be saved from illegality by narrowed construction. A federal statute requires that pendent state claims first asserted in a federal suit must be refiled in state court within 30 days after dismissal of the federal suit. A trial court may be required to grant leave to amend when it knows of potentially viable claims at the time it sustains a demurrer, even though plaintiff does not request leave to amend.
Facts and Procedural History
From sometime in 1991 until September 27, 1993, defendant and respondent Amitai Gluska was a…
2Cases cited13 opinions
- Friends of Mammoth v. Board of SupervisorsCalifornia Supreme Court · 1972
- Nestle v. City of Santa MonicaCalifornia Supreme Court · 1972
- Addison v. State of CaliforniaCalifornia Supreme Court · 1978
- Elkins v. DerbyCalifornia Supreme Court · 1974
- Bollinger v. National Fire InsuranceCalifornia Supreme Court · 1944
8 more not listed; retrieve them via the Exa API.
3Cited by70 opinions
- Armendariz v. Found. Health Psychcare Servs., Inc.California Supreme Court · 2000
- Harris v. City of Santa MonicaCalifornia Supreme Court · 2013
- Mills v. Forestex Co.California Court of Appeal · 2003
- Feduniak v. California Coastal CommissionCalifornia Court of Appeal · 2007
- Optos, Inc. v. TOPCON MEDICAL SYSTEMS, INC.District Court, D. Massachusetts · 2011
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