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OXY-Health, LLC v. Pechenick

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


August 4, 2010

OXY-HEALTH, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, PLAINTIFF,
v.
DIANE PECHENICK, AN INDIVIDUAL; CALIFORNIA REALTY PARTNERS, INC. D/B/A HEALING DIVES, INC., A CALIFORNIA CORPORATION, DEFENDANTS.

The opinion of the court was delivered by: Honorable Ronald S.W. Lew Senior, U.S. District Court Judge

ORDER Re: Plaintiff's Motion for Partial Summary Judgment on Defendants' Fourth Affirmative Defense for Unclean Hands [45]

On August 3, 2010, Plaintiff's Motion for Partial Summary Judgment on Defendants' Fourth Affirmative Defense for Unclean Hands came on for regular calendar before this Court. Plaintiff, Oxy-Health, LLC, appeared through its counsel of record, Michael De Vries and Alice Jennifer Barry. Defendants, California Realty Partners, Inc. and Diane Pechenick, appeared through their counsel of record, Russell Petti. The Court having reviewed all papers submitted pertaining to this Motion and having considered all arguments presented to the Court, NOW FINDS AND RULES AS FOLLOWS:

The Court hereby GRANTS Plaintiff's Motion for Partial Summary Judgment on Defendants' Fourth Affirmative Defense for Unclean Hands.

The Court finds that there is no genuine issue as to any material fact on the issue of Unclean Hands. See Lies v. Farrell Lines, Inc., 641 F.2d 765, 768 (9th Cir. 1981). "Under Rule 56(c) the moving party has the burden of showing that there is no genuine issue as to any material fact and that he is entitled to a partial summary judgment as a matter of law." Lies, 641 F.2d at 768.

Defendants have failed to produce any evidence supporting the affirmative defense of Unclean Hands. Defendants have failed to establish that Plaintiff acted in a manner intended to deceive consumers or with the requisite bad faith to warrant a finding of Unclean Hands. See Perfumebay.com Inc. v. EBAY, Inc., 506 F.3d 1165, 1177 (9th Cir. 2007) (citing Japan Telecom, Inc. v. Japan Telecom America Inc., 287 F.3d 866, 870 (9th Cir. 2002)).

The Court finds that Defendants California Realty Partners, Inc. and Diane Pechenick failed to provide evidence to support the affirmative defense of Unclean Hands.

Therefore, the Court GRANTS Plaintiff's Motion for Partial Summary Judgment on Defendants' Fourth Affirmative Defense for Unclean Hands.

IT IS SO ORDERED.

20100804

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