California Court of Appeal

In this action for breach of contract and numerous common count claims, summary judgment in favor of plaintiff is affirmed, where: 1) plaintiff met its initial burden on summary judgment by demonstrating that it was entitled to judgment as a matter of law on its breach of contract claims; 2) as retention of the overpayment did not result in any prejudice to defendants, the unclean hands defense did not apply; 3) even if the trial court erred in granting summary judgment on the common count claims, defendants cannot show prejudice because plaintiff was entitled to judgment as a matter of law on the breach of contract claims and no additional damages were awarded on the common count claims; and 4) defendants failed to demonstrate how a continuance to depose plaintiff's agent could have led to facts essential to its summary judgment opposition.

Appellate Information

• Decided 09/08/2014
• Published 09/08/2014

Judges

• Zelon

Court

• California Court of Appeal

Counsel