Free Affidavit in Opposition to Motion - District Court of California - California

Case 3:07-cv-02748-MHP

Document 27

Filed 07/06/2007

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CHANDLER, WOODS, HARRINGTON & MAFFLY RICHARD HARRINGTON (Bar #28099) One Maritime Plaza, 4th Floor San Francisco, CA 94111 Telephone: (415) 421-5484 Facsimile: (415) 986-4874 SHARTSIS FRIESE LLP ROBERT CHARLES WARD (Bar #160824) One Maritime Plaza, Eighteenth Floor San Francisco, CA 94111 Telephone: (415) 421-6500 Facsimile: (415) 421-2922 Email: [email protected] Attorneys for Defendants ANDREW VERITY and CHRISTINA CHANG UNITED STATES DISTRICT COURT

S HARTSIS F RIESE LLP ONE MARITIME PLAZA EIGHTEENTH FLOOR SAN FRANCISCO, CA 94111

11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION 13 14 15 16 17 18 19 Defendants. 20 21 22 23 24 25 26 27 28 I, CHRISTINA CHANG, declare as follows: 1. 2. My name is Christina Chang. I was a sales representative for Creative Marketing Concepts ("CMC") until I was v. ANDREW VERITY and CHRISTINA CHANG, Date: Time: Dept: August 27, 2007 2:00 p.m. 15, Hon. Marilyn Hall Patel MARK LILLGE d/b/a CREATIVE MARKETING CONCEPTS, Plaintiff, Case No. C 07-02748 MHP DECLARATION OF CHRISTINA CHANG IN OPPOSITION TO MOTION FOR TEMPORARY RESTRAINING ORDER

fired. I learned much about the promotional products industry and became one of CMC's top sales representatives. My employment was terminated on May 11, 2007 because I refused to sign a non-competition agreement. The original draft of the non-disclosure agreement that CMC presented to me included provisions that would have prevented me from competing with CMC should my employment by CMC terminate.
Case No. C 07-02748

Attached hereto as Exhibit A are the pages

-1DECLARATION OF CHRISTINA CHANG IN OPPOSITION TO MOTION FOR TEMPORARY RESTRAINING ORDER

Case 3:07-cv-02748-MHP

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Filed 07/06/2007

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S HARTSIS F RIESE LLP ONE MARITIME PLAZA EIGHTEENTH FLOOR SAN FRANCISCO, CA 94111

containing the provisions restricting post-employment competition that I refused. I refused to condition my employment with CMC on giving up the right to work in the promotional products industry should I quit or be fired. I was informed by Bruce Molloy that I was fired because I would not sign a non-disclosure agreement. At the time I left CMC, I sent to my customer contracts a neutrally worded email notifying them of my departure and providing new contract information. 3. I took no CMC property with me when I left CMC. I did not take a copy of

CMC's customer list or copies, in either paper or electronic form, of any other information that I understand CMC to be claiming are trade secrets. 4. After being fired, I went to work for my husband's new business, which started in

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business on May 14, 2007. I have learned much about the promotional products industry and my best prospects for earning income are in that industry. 5. I have not used CMC's customer list to solicit business of any customers of CMC

since I was fired by that company. Some of CMC's customers have contacted me. On behalf of our new business, I have not solicited any customer of CMC that did not contact me first. For example, Chevron Federal Credit Union contacted my after I was fired by CMC. In response to that contact, I offered to sell products to Chevron Federal Credit Union. They declined to buy. I declare under penalty of perjury that the statements in the foregoing declaration are true and correct and that I am competent to testify to them. Executed this 27th day of June 2007 at Berkeley, California.

/s/ Christina Chang CHRISTINA CHANG
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-2Case No. C 07-02748 DECLARATION OF CHRISTINA CHANG IN OPPOSITION TO MOTION FOR TEMPORARY RESTRAINING ORDER