This is an unfair competition action. This action was commenced on March 16, 1999.
Plaintiffs contend that defendants violated the injunction.
Although the inevitable disclosure doctrine is a factor in determining whether the court will grant a preliminary injunction to an employer against former employees who go to work for a competitor, standing by itself, it does not constitute an independent cause of action. Accordingly, that branch of the motion seeking dismissal of the Fourth Cause of Action is granted and it is dismissed without prejudice. The Twelfth Cause of Action alleges that defendants violated the preliminary injunction and seeks damages caused by such alleged violation. This cause of action also is flawed procedurally. An application to adjudge a party in contempt of court must be commenced by a notice of motion or order to show cause returnable before the court or judge authorized to punish for the offense.