Mary Doe Enterprises, Inc. v. Central Valley Professional Exchange, Inc.

HERNDON, J.

Plaintiff appeals from a judgment denying the injunctive relief and the damages sought by its complaint alleging unfair competition. It is singular that appellant’s briefs fail to set forth any specific assignment of error. It is not asserted that any error was committed by the court below in the admission or rejection of evidence, nor is there any claim that the evidence is insufficient to sustain the

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findings of fact. Appellant’s arguments consist entirely of discussions of general rules of law which have been promulgated by our courts in the field of unfair competition. We are therefore impelled to infer that appellant’s unexpressed contention herein is that the trial court erred in concluding that these stated rules were inapplicable in the context of the factual circumstances shown in the instant action.

The essence of the findings of fact (which are unchallenged and which this appellate court would be required to accept in any event, because unquestionably they are supported by substantial evidence) are fairly set forth in the following summary. Respondent Gladys Brinkley was employed from October 7, 1954, to August 1, 1959, as a switchboard operator or chief operator by the Around-The-Clock Telephone Exchange then operated by Mary Doe as sole proprietor. After August 1, 1959, this business was operated by appellant corporation, Mary Doe Enterprises, Inc. Respondent Brinkley remained on as chief operator until November 2, 1959, at which time her employment was “terminated amicably and by mutual agreement by reason of ill health on [her] part. . . .”

During her employment, respondent Brinkley acquired information “consisting in general of the names, addresses and telephone numbers of plaintiff’s customers and information pertaining to the servicing of such customers’ accounts; . . .” Although the trial court found that “a small part of such information was of a confidential character” it is apparent from the record that this information was “confidential” only in the sense that customers of telephone answering services impart personal information to their exchanges which they might not care to place in general circulation, but which is not “confidential” in the sense of being a business secret that would be helpful to a competitor. For example, there were the constantly changing instructions given the exchange regarding the manner in which the customer’s business was being conducted, the different places at which the customer might be found if not in his office, the disposition to be made of anticipated calls from the customer’s clientele, etc.