SAN JOSE — A solar energy company has filed suit against its competitor and a former employee who went to work for the competitor for alleged breach of contract and unjust enrichment.

SolarCity Corp. filed a complaint Sept. 27 in U.S. District Court for the Northern District of California, San Jose Division, against SunPower Corp. and Anne Shuldes-Torricelli, alleging that they failed to conduct business in good faith and fair dealing.

According to the complaint, the plaintiff alleges that SolarCity Corp., a market leader in providing solar power systems, alleges that a former employee, defendant Torricelli, has stolen its confidential and proprietary customer information and trade secrets leading up to her departure from the plaintiff's company and is currently using them in her role as strategic business development manager for the benefit of defendant SunPower, thereby causing the plaintiff harm and injury to its goodwill and reputation. 

The plaintiff holds SunPower Corp. and Anne Shuldes-Torricelli responsible because the defendants allegedly breached the employment and confidentiality agreement by retaining in her possession confidential information, misappropriated plaintiff trade secrets for its own enrichment and gained profit at the expense of the plaintiff.

The plaintiff requests a trial by jury and seeks judgment against the defendants, permanent injunction, restitution, damages, attorneys’ fees, costs and other relief as the court deems just. It is represented by Adam R. Alper of Kirkland & Ellis LLP in San Francisco, Michael W. De Vries of Kirkland & Ellis LLP in Los Angeles and Lien K. Dang of Kirkland & Ellis LLP in Palo Alto.

U.S. District Court for the Northern District of California Case number 5:16-cv-05509

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