Oxy-Health, LLC v. Diane Pechenick et al

Filing 85

ORDER by Judge Ronald S.W. Lew, granting Plaintiff's MOTION for Partial Summary Judgment as to Defendants' Fourth Affirmative Defense for Unclean Hands 45 . The Court finds that Defendants California Realty Partners, Inc. and Diane Pechenick failed to provide evidence to support the affirmative defense of Unclean Hands. (lom)

Oxy-Health, LLC v. Diane Pechenick et al

Doc. 85

1 2 3 4 5 6 7 8 9 10 11 OXY-HEALTH, LLC, a California limited 12 liability company, 13 14 15 16 17 18 19 ) ) ) ) Plaintiff, ) v. ) ) DIANE PECHENICK, an ) individual; CALIFORNIA ) REALTY PARTNERS, INC. d/b/a ) HEALING DIVES, INC., a ) California corporation, ) ) Defendants. ) ) CV 09-3796 RSWL (SHx) ORDER Re: Plaintiff's Motion for Partial Summary Judgment on Defendants' Fourth Affirmative Defense for Unclean Hands [45] UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

On August 3, 2010, Plaintiff's Motion for Partial

20 Summary Judgment on Defendants' Fourth Affirmative 21 Defense for Unclean Hands came on for regular calendar 22 before this Court. Plaintiff, Oxy-Health, LLC, Defendants, California The 23 appeared through its counsel of record, Michael De 24 Vries and Alice Jennifer Barry. 25 Realty Partners, Inc. and Diane Pechenick, appeared 26 through their counsel of record, Russell Petti. 27 Court having reviewed all papers submitted pertaining 28 to this Motion and having considered all arguments
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1 presented to the Court, NOW FINDS AND RULES AS FOLLOWS: 2 The Court hereby GRANTS Plaintiff's Motion for 3 Partial Summary Judgment on Defendants' Fourth 4 Affirmative Defense for Unclean Hands. 5 The Court finds that there is no genuine issue as 6 to any material fact on the issue of Unclean Hands. 7 See Lies v. Farrell Lines, Inc., 641 F.2d 765, 768 (9th 8 Cir. 1981). "Under Rule 56(c) the moving party has the 9 burden of showing that there is no genuine issue as to 10 any material fact and that he is entitled to a partial 11 summary judgment as a matter of law." 12 at 13 768. Defendants have failed to produce any evidence Lies, 641 F.2d

14 supporting the affirmative defense of Unclean Hands. 15 Defendants have failed to establish that Plaintiff 16 acted in a manner intended to deceive consumers or with 17 the requisite bad faith to warrant a finding of Unclean 18 Hands. See Perfumebay.com Inc. v. EBAY, Inc., 506 F.3d 19 1165, 1177 (9th Cir. 2007) (citing Japan Telecom, Inc. 20 v. Japan Telecom America Inc., 287 F.3d 866, 870 (9th 21 Cir. 2002)). 22 The Court finds that Defendants California Realty 23 Partners, Inc. and Diane Pechenick failed to provide 24 evidence to support the affirmative defense of Unclean 25 Hands. 26 /// 27 /// 28 ///
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Therefore, the Court GRANTS Plaintiff's Motion for

2 Partial Summary Judgment on Defendants' Fourth 3 Affirmative Defense for Unclean Hands. 4 5 DATED: August 4, 2010 6 7 IT IS SO ORDERED. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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HONORABLE RONALD S.W. LEW Senior, U.S. District Court Judge