McMillan Electric Company has filed a lawsuit against former employees, accusing them of serious misconduct that could jeopardize the company's future. The complaint was filed by McMillan Electric Company in the Superior Court of California, County of San Francisco, on March 14, 2025, naming Ben Kirby and others as defendants.
The lawsuit alleges that Ben Kirby, along with Ruben Bustoz and Dilan Nguyen, all former employees of McMillan Electric Company, engaged in activities that severely breached their duty to the company. According to the complaint, these individuals misappropriated trade secrets and confidential business information. The allegations include that Kirby had access to sensitive cost estimates and sales strategies during his employment and violated his fiduciary duty by distributing this information outside the company. This unauthorized dissemination allegedly led to significant harm for McMillan Electric, including damaged relationships with key clients and lost business opportunities. The complaint further details how these actions resulted in economic losses for McMillan Electric due to reputational damage within the industry.
McMillan Electric accuses Kirby of not only breaching his duty of loyalty but also engaging in defamation and tortious interference with prospective economic advantage. The complaint highlights instances where Kirby allegedly solicited current employees to obtain confidential records beyond their authorized scope. It claims that this breach led to clients questioning McMillan's integrity and reliability, causing a ripple effect that hindered the company's ability to secure future projects. Additionally, it is alleged that false claims circulated by Bustoz have caused severe reputational harm within the industry.
In response to these allegations, McMillan Electric seeks several forms of relief from the court. They are asking for compensatory damages for the economic losses suffered due to the defendants' actions. Furthermore, they seek punitive damages on grounds that the defendants' conduct was willful and malicious. Injunctive relief is also sought to prevent further use or dissemination of their confidential information. Lastly, they request recovery of costs incurred during litigation as well as attorneys’ fees.
The case is being handled by Christopher Karic from Furukawa Castles LLP on behalf of McMillan Electric Company. The case has been assigned Case ID CGC-25-623304 at the Superior Court of California in San Francisco County.