DisputeSuite.com, LLC, v. Scoreinc.com
Annotate this CasePlaintiff, a provider of credit repair software and services to credit repair organizations (CROs), sued for breach of contract, fraud, misappropriation of trade secrets, and interference with contract. Defendants work directly for CROs handling administrative tasks. Plaintiff provided defendants its confidential list of CROs and other proprietary information, and entered into agreements for defendants to act as a licensed reseller of plaintiff’s software. Those agreements identify Florida as the venue for dispute resolution and provide for awards of costs and fees. The court granted a temporary restraining order barring defendants from transferring any customers referred to them by plaintiff to any entity that did not use plaintiff’s software and barring defendants from making commercial use of plaintiff’s software. Defendants moved to dismiss based on the forum-selection clauses. The trial court stayed the case for 60 days and extended the preliminary injunction so that plaintiff could seek relief in Florida. After plaintiff refiled in Florida, the California trial court dismissed and dissolved the preliminary injunction. Defendants sought attorney fees of $84,640, as the prevailing parties on the motion to dismiss. The trial court denied the motion. The court of appeal agreed, stating that there has been no final resolution of the contract claims.
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