Gordon Termite Control v. Terrones

In Gordon Termite Control v. Terrones (1978) 84 Cal. App. 3d 176, followed this same line of reasoning. The contract in Gordon Termite allowed the defendant to solicit the plaintiff's accounts after the defendant left his employment with plaintiff, so long as the defendant paid $ 50 per account solicited. (Ibid.) Plaintiff characterized the provision "an assignment of accounts at a fixed price" but the court looked beyond the plaintiff's label and found the provision amounted to an unfair restraint on trade because it was written at least implicitly to restrain the defendant from his profession. (Id. at p. 179.)