Bechtold v. Gillespie CA6

Filed 7/30/14 Bechtold v. Gillespie CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

RAYMOND BECHTOLD, H037038 (Santa Clara County Plaintiff, Cross-defendant, and Super. Ct. No. 1-08-CV119735) Respondent,

v.

PAUL D. GILLESPIE,

Defendant, Cross-complainant and Appellant;

VIKING AUTOMATION TOOLS, LLC, Cross-defendant and Respondent

This case involved the business relationships and dealings between plaintiff Raymond Bechtold (Bechtold) and defendants Paul D. Gillespie (Gillespie) and American Tech Manufacturing, Inc. (ATM), Dymatix, Inc. (Dymatix), SESA, Inc.1 (SESA), Fastspares, Inc. (Fastspares) and SESA Group, Inc. (SESA Group). At the time of trial, Gillespie was the sole director and shareholder of ATM, Dymatix, SESA, and SESA Group. The evidence suggested that Gillespie ran all the corporate entities.

1 SESA, Inc. is an acronym for Semiconductor Equipment Sales Associates, Inc. 1

Following a court trial, the trial court entered judgment in favor of plaintiff Bechtold and cross-defendants Bechtold and Viking Automation Tools, LLC (Viking), which the cross-complaint alleged had been established by Bechtold to compete with Dymatix. The judgment provided that cross-complainants Gillespie and Dymatix took nothing by way of their cross-complaint. The judgment entered included a $25,000 award in favor of Bechtold and against all defendants for the Trigon collateral that had not been turned over to Bechtold.2 It awarded $75,759 to Bechtold for ATM's breach of its employment agreement with him. The judgment declared that Bechtold is, and at all times since June 30, 2008 has been, the owner of the Trigon collateral and Bechtold is, and at all times since July 23, 2008 has been, the owner of the Giga-tronics collateral, which the evidence at trial showed had been sold to Bechtold in a private foreclosure sale. The judgment specified the items constituting the Giga-tronics collateral. The judgment declared that defendants had neither "equity in, nor right to possess," any of the Giga-tronics collateral. It ordered all defendants (and "their agents, servants, . . . employees, and all persons acting under, in concert with, or for them") to "forthwith do all things reasonable and necessary to deliver and turn-over to Raymond Bechtold possession of any and all Giga-tronics' collateral . . ." and permanently enjoined them "from possessing, using, or profiting from any of the Giga-tronics' Collateral (unless it is with the written consent of Bechtold or his successors in interest)." The judgment further ordered defendants (and "their agents, servants, . . . employees, and all persons acting under, in concert with, or for them") to "immediately cease publication of any and all advertising . . . regarding . . . any of the Giga-tronics