Tomei v. Tomei

On November 30, 1989, the trial court granted a temporary restraining order in favor of Affiliated Insurance Consultants (AIC), enjoining appellant Davide Tomei from soliciting any AIC clients in accordance with a stock purchase agreement, which prohibited the solicitation of AIC clients by Davide Tomei. Pursuant to this agreement, AIC agreed to pay Davide for his stock in AIC on an installment basis. Because Davide allegedly breached the nonsolicitation covenant of the agreement, AIC withheld $10,024 of installment payments as liquidated damages. Both parties motioned for summary judgment…