T.J.T., Inc. v. Mori

J. JONES, Justice.

This is T.J.T., Inc.’s second appeal from a summary judgment in favor of Ulysses Mori, in which the district court found that the non-competition agreement Mori allegedly breached was unenforceable under California law. Because we find that the district court erred in failing to consider whether and to what extent the agreement could be “blue penciled” to make it enforceable, we vacate the summary judgment and award of attorney fees and remand the ease for further proceedings.

I

BACKGROUND

This ease arises from the execution of a non-competition agreement between TJT and Mori…