On Monday, a Los Angeles Superior Court judge indicated he was inclined to grant a Disney subsidiary's demand that Netflix be prevented from recruiting and soliciting executives under contract
A tentative issued in advance of today's hearing for the follow-up round largely doesn't depart from such analysis. Judge Gross continues to find fault in Netflix's claims that the contracts in dispute are disguised non-competes that further violate California's limitation on personal service contracts beyond seven years. Additionally, Gross rejects the notion that these contracts are "unconscionable" in the way they allegedly bully employees to commit to one employer.
"The court finds Fox is entitled to injunctive relief," states the tentative. "There can be no dispute that Netflix will likely interfere with Fox’s valid Fixed-Term Employment Agreements in the future if the misconduct is not enjoined."Although Fox, represented by attorney Daniel Petrocelli, submitted convincing evidence that Netflix induced the contract breaches by Waltenberg and Flynn, the judge wasn't ready to grant summary judgment on those claims.
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