BG Law Scores Bench Trial Victory in the Orange County Superior Court
The firm is pleased to announce that partners Philip Bonoli, Jason Komorsky, and Theodore Spanos successfully represented Route Four LLC in a high-stakes hydroponics dispute before the Orange County Superior Court. The court issued a ruling on May 9, 2025, siding with Route Four LLC’s use of the terms “retail” and “distribution” in their Asset Purchase Agreement (APA).
As stated in the Orange County Superior Court ruling, “To the extent defense counsel argues that the APA is invalid or unlawful because it restrains Luxx and Athena from selling their products, the Court rejects this argument. The APA does not refrain Luxx or Athena’s ability to do business in California or Washington. Section 9.2 only restricted Burkhart from having an interest in a business that sells, i.e. ‘distributes’ hydroponics products in California and Washington for a period of five years. It is Burkhart’s conduct that the non-compete clause is meant to restrain not the operations of Luxx and Athena. After signing the APA, Burkhart and Rails could have divested their interest in these companies and thereby avoid conduct that could be considered a violation of Section 9.2.”
Congratulations to Philip, Jason, and Theodore on this outstanding result.
The Orange County Superior Court ruling can be read by clicking “Download PDF” below.