Profit Concepts Mgmt., Inc. v. Griffith, 162 Cal. App. 4th 950 (2008)

Profit Concepts sued Greg Griffith, a former employee, for breach of contract and misappropriation of trade secrets in Orange County Superior Court. Griffith, who was an Oklahoma resident at the time, moved to quash service for lack of personal jurisdiction. (The contract contained a prevailing party attorney’s fees provision.) Profit Concepts filed a notice of non-opposition to Griffith’s motion to quash, and the trial court granted the motion. Griffith then filed a motion to recover his attorney’s fees in the action ($3,400.78) on the ground that he was the prevailing party. The trial court granted Griffith’s motion, and the Court of Appeal affirmed.