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Everything You Need to Know About the Fair Credit Reporting Act (FCRA). If a party feels another party has wronged them, they can choose to use an affirmative defense of unclean hands to prevent the other party from trying to enforce a contract or to claim that a breach of contract has occurred. 1971) Appeal, 276, pp. For example, the plaintiff might bring a breach of contract suit against the defendant. The equitable defense of "unclean hands" is often raised but rarely proven. Rptr. (Civ. (Code Civ. <>stream
"Unclean hands" is a defense used in courts, in which a party claims the other side in not able to obtain relief because he comes to court with unclean hands- he has acted in bad faith or unethically. 870.) Tue Legal Group offers free initial consultations and advice about your possible employment case. Although "unclean hands" is often seen as an affirmative defense, it is not, like most affirmative defenses, something that only the . <>stream
App. Depending on the case at hand, the unclean hands defense can be either an equitable defense or an affirmative defense. Ct. No. What Is Credit Monitoring and Is It Right For You? Submit your case to schedule a free consultation. Unlike most legal doctrines, its aim is not to aid the search for truth, or even promote justice for the. }LOOK{cjR{x^co?]#9ZscB F_ 3 "4^$yb
Im23Pe,.vdY8 /]#+| qEtni'onkSz>__mj^uF5sLTK\|1&N{ >xa)4b:$ Finally, she argues that Robert's motion should have been dismissed due to his failure to submit in a timely manner his points and authorities to the court. Contact the Orange County Business Litigation Attorneys at Brown & Charbonneau, LLP for a consultation of your legal case. (Mendoza v. Ruesga (2008) 169 Cal.App.4th 270.) Engaging in a fraudulent act or lying with regard to the contract itself, 3. Can the "doctrine of unclean hands" be used in family court as a way to render a fraudulent back child support judgment as unenforceable in Arizona? Further, Candie has waived the right to raise this issue [157 Cal. This affirmative defense doctrine is usually applied in family law issues, particularly in issues regarding financial misconduct. Third, she claims that the court was biased against her. endstream ], This site is protected by reCAPTCHA and the Google. CANDIE R., Plaintiff and Appellant, v. ROBERT D., Defendant and Respondent. Its intent is to keep a person from abusing the justice system in order to benefit from a situation they created by acting in bad faith. Simply stated, the plaintiff cannot recover for breach of contract if his own hands are dirty (i.e. 3 0 obj UpCounsel accepts only the top 5 percent of lawyers to its site. Andre then brought this probate action to settle the Flowers estate and quiet title, three years after he started his rampage by recording the mechanics lien. The parties to the transaction with which we are concerned here are Brandie and Robert. http://www.flickr.com/photos/littlejohncollection/4323489252/sizes/m/in/photostream/ The doctrine is often stated as "those seeking equity must do equity" or "equity must come with clean hands". Get the Facts Regarding Automobile Repossession, How to Get a Mortgage if You Have Bad Credit, 5 Ways to Improve Your Credit for Home Buying. Less than a year later, in LaCroix v. Deyo (1981) 108 Misc.2d 382 [437 N.Y.S.2d 517], a different New York family court refused to apply the clean hands doctrine to bar a putative father's cause of action in a case where the mother became pregnant prior to reaching the age of consent. In accordance with the maxim that no one can take advantage of his or her own wrong, those who seek the aid of equity must come into court in good faith. That [ name of plaintiff] is at least equally responsible for the harmful conduct as [ name of defendant]; and 3. She consented only to full custody on her part and visitation on the condition it could be established that Brandie would not be adversely affected by Robert's visits. Rather, it is specific conduct. The doctrine is intended to prevent a party from taking advantage of its wrong. To establish unclean hands in the United States District Court Northern District of California a defendant must demonstrate: (1) inequitable conduct by the plaintiff; (2) that the plaintiff's conduct directly relates to the claim which it has asserted against the defendant; and (3) plaintiff's conduct injured the defendant. Co. (1982) 128 Cal.App.3d 297, 306 ; Fibreboard Paper Products Corp. v. East Bay Union of Machinists (1964) 227 Cal.App.2d 675, 726-727 .) Rptr. In a recent California 3rd District Court of Appeal decision, it was used against a party who was not following the advice of his attorney when he tried to set aside a forged deed. View Vail Laws complete litigation and legal risk management checklist or contact us to discuss your claims in detail. Jimmy contends that the "unclean hands" doctrine prevents a payor from obtaining a modification if he is in arrears, unless a payor proves his inability to pay. [citation needed], The clean hands doctrine is used in U.S. patent law to deny equitable or legal relief to a patentee that has engaged in improper conduct, such as using the patent to extend monopoly power beyond the claims of the patent. It is an affirmative defense that the defendant may claim the plaintiff has unclean hands. The U.S. Supreme Court has also identified habeus corpus as derived from the clean hands doctrine. Clean hands, sometimes called the clean hands doctrine, unclean hands doctrine, or dirty hands doctrine,[1] is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy because the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complaintthat is, with "unclean hands". The doctrine of unclean hands is based on OCGA 23-1-10, which provides that "[h]e who would have equity must do equity and must give effect to all equitable rights of the other party respecting the subject matter of the action." "The unclean-hands maxim which bars a complainant in equity from obtaining relief has reference to an . This field is for validation purposes and should be left unchanged. A finding of unclean hands, the argument goes, requires that the court decline jurisdiction and dismiss the action. See Unilogic, Inc. v . (Pon v. Wittman (1905) 147 Cal. Rptr. 280 [81 P. It was later stipulated that both parties would submit to blood tests to determine if Robert was "medically excluded from the possibility of paternity" of Brandie. No. Should I Hire A Credit Repair Company or Do It Myself? Hank Hardnose sues Grace Goodenough for breach of contract for failure to pay the full amount for construction of an addition to her house. 984].) If a person has committed a wrongful act and seeks to use the court to gain an advantage over the other party, the court may refuse to hear the case. An issue at hand is standing (which is essentially the right to sue). There is a legal doctrine called "unclean hands." "[Un]Clean hands, sometimes called the clean hands doctrine or the dirty hands doctrine, is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy because the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complaintthat is, with . About six months later, allegedly after Candie refused to let Robert continue visits with Brandie, Robert filed a motion for joint custody and reasonable visitation rights. (See, e.g.,San Diego County Dept. Co. (1949) 34 Cal.2d 580, 586. In other words, the doctrine of unclean hands is used to prevent a party from enforcing a contract if the party has committed a wrongful act. The court reasoned that the basis of the suit was the result of the father's wrongdoing because the mother was only 14 or 15 years old when she became pregnant. The unclean hands doctrine typically applies only to equitable claims such as requests for injunctive relief or specific performance, but some jurisdictions permit it as a defense to legal claims as well. or contact us to discuss your claims in detail. Statute of Limitations for violation of a CC&R provision, architectural guideline, or rule is 5 years from the time the board discovers the violation or, through the exercise of reasonable diligence, should have discovered the violation. Again, we find no abuse of discretion on the part of the trial court. Here, neither McIntyre nor Darcy qualified as bona fide purchasers, as that requires payment of consideration, and neither paid a dime. Post not marked as liked. The legal term unclean hands refer to a party's inequitable (unfair) conduct related to the matter in litigation. The Defendant can argue that the Plaintiff has no grounds to obtain relief because he has acted unethically or in bad faith with respect to the subject of the complaint. Planning&ZoningCommis-sion,57Conn.App.797,801,750A.2d507(2000).''When. Accordingly, relief is not denied because the plaintiff may have acted improperly in the past or because such prior misconduct may indirectly affect the problem before the court." The doctrine of unclean hands is available only for claims that involve some sort of equitable form of relief, which is a relief in which the court will require the defendant to perform an action of some kind. AFFIRMATIVE DEFENSES First Affirmative Defense (Unclean Hands) 39. The Defendant has the burden to prove that the Plaintiff is not acting in good faith, or that his hands are unclean. Here, the court found that Andre knew about the problems yet sought to line his own pockets while title remained in question. The unclean hands doctrine applies to cases where the plaintiff has acted unethically in connection to the circumstances that have led to the suit. [1c] The facts do not reveal that Robert has had unclean hands with respect to Brandie. San Mateo: 951 Mariners Island Blvd., Suite 300, San Mateo, CA 94404; Scottsdale: 6730 N. Scottsdale Road, Suite 230, Scottsdale, AZ 85253; Tulsa: 8801 S. Yale Ave., Suite 250, Tulsa, OK 74137 881]. That [ name of plaintiff] and [name of defendant] have substantially equal economic strength; 2. Eighth Affirmative Defense (Waiver) 40. Connect with me on LinkedIn. If the defendant brings the unclean hands defense, then the plaintiff could also be found to have unclean hands even if that conduct isnt identical to the wrongful conduct that the defendant engaged in. The If the defendant can prove that the plaintiff has unclean hands, i.e., acted unethically, then the plaintiff's complaint will be dismissed. Code, 5157.) In their briefs, neither party has cited any case from this state applying the clean hands doctrine to facts analogous to those before us. Overall, equitable terms like good faith and conscience are used to determine if the unclean hands doctrine is available. A Professional Law Corporation | Employment Law Offices Statewide throughout California. Code 3517. Importantly, the affirmative defense of unclean hands applies only to equitable [claims for relief]. Id. What Are Student Loans and How Do I Apply for One? Fighting for Your Rights is What We Do! The unclean hands doctrine, flexible in ap-plication, permits a court to exercise broad discretion to deny relief to a litigant who has acted in an unconscionable way that "has im-mediate and necessary relation to the matter that he seeks in respect of the matter in litiga-tion." When it comes to receiving the highest settlement possible for your case, hire an employment attorney who knows the law & has helped recover millions for wrongfully terminated, sexually harassed, whistleblowers, and more. The misconduct which brings the clean hands doctrine into operation must relate directly to the transaction concerning which the complaint is made, i.e., it must pertain to the very subject matter involved and affect the equitable relations between the litigants. You should consult an attorney for advice regarding your individual situation. Andre, another son and Josephs half brother, then proceeded to seize control of the house, as follows: 1st- he recorded a mechanics lien for $75,000, though he was neither a contractor nor gave notice of the lien, making it defective; An equitable defense that bars relief to a party who has engaged in inequitable behavior (including fraud, deceit, unconscionability or bad faith) related to the subject matter of that party's claim. New September 2003 2d 1155, 1167 (D. Colo. 2006).Importantly, the affirmative defense of unclean hands "applies only to equitable [claims for relief]." You can explore additional available newsletters here. derived from the unclean hands defense). What Does It Mean to Be Party to a Lawsuit. He. This would be the doctrine of unclean hands, arguing that the other parent didn't cooperate in time sharing and that is why child support was withheld. 1 Such a result is in accord with the policy of this state as expressed in our statutory scheme for parental preference in custody cases. However, in this case, the party using the defense must show that the other party's conduct has harmed them and that they have not engaged in any wrongful conduct themselves. D0iUy74}73 MG"Pdn-~BrB(&NM9`yC^OA>W^QOTB+,YKhr=vRnV]X:M Tm-Q+)O2aFNtjL "t[COa+/M!,{mf7METzd[hX8M/7RPZ.nI9 WC29F@*=3~bF[| +
} Fms|85"0(LFd-TK~N]s Call us to maximize your compensation after a car accident. Unclean hand elements that will be taken into consideration in a case include: If the party in question has engaged in any of these, you may be able to use an unclean hands defense. Should you be accused of wrongdoing and feel you have not engaged in any transgression, your attorney can file a motion to dismiss for unclean hands. B. Unclean Hands Next, the plaintiffs assert that this action is properly heard in state court, and not in federal court, because the defendant has unclean hands. This case presents no exception to the general rule that application of the doctrine of unclean hands is a question of fact. 786, 520 P.2d 10]. Every year True Legal Group helps donate a percentage of its income to outreach programs across the community. . bottom of page . Sign up to our monthly newsletter for useful articles, tips, and tricks for boosting your credit score. Mains v. City Title Ins. To prevail, a party must demonstrate that its opponent engaged in inequitable behavior that is related to the subject matter of the litigation. Civ. Post not marked as liked. 984].) It was further ordered that Brandie be issued a new birth certificate changing her last name to Robert's last name and listing Robert as her natural father. "These are some of the dirtiest hands we have seen."California's Second District Court of Appeals wasn't talking about in In re the Marriage of Boswell was not referring to literal dirty hands, but about the family law doctrine of "unclean hands," a principle that in this case cost a divorced spouse more than $92,000 in unpaid child support. (Pon v. Wittman (1905) 147 Cal. The unclean hands defense can be used to protect the rights of businesses, consumers, and the court system's honor and integrity. (1)(e); see also Porter & Walsh, The Evolution of California's Child Custody Laws: A Question of Statutory Interpretation (1975) 7 Sw.U.L.Rev. For more information on the unclean hands doctrine, see, Enter to open, tab to navigate, enter to select, https://content.next.westlaw.com/practical-law/document/Id4cf197ef3ad11e28578f7ccc38dcbee/Unclean-Hands-Doctrine?viewType=FullText&transitionType=Default&contextData=(sc.Default), Practice Note, Patent Litigation: Unenforceability Defenses: Pleading Unclean Hands, Practice Note, Antitrust Affirmative Defenses: Overview: Unclean Hands, Practice Note, Remedies: Front Pay in Employment Discrimination Cases: Unclean Hands. See Munaf v. Geren, 553 U.S. 674, 693 (2008). Does the Twiqbal Standard Apply to Motions to Strike Affirmative Defenses? Boisvert, supra, the rule of "unclean hands" was applied because plaintiff and defendant had deserted their respective spouses, come to California as husband and wife, and plaintiff deeded to defendant the realty subject of the action for the purpose of defrauding his lawful wife. 2d 675, 728-729 [39 Cal. photos: . Heres Why. (Id, at p. App. (Los Angeles County Super. Candie's argument that Robert, the acknowledged natural father of Brandie, is not a "parent" within the meaning of Civil Code sections 4600 and 4601 is wholly without merit. (6 Witkin, Cal. The Defendant can argue that the Plaintiff has no grounds to obtain relief because he has acted unethically or in bad faith with respect to the subject of the complaint. Defendant, Robert D., is the father of Brandie W., a minor. Our employment lawyers are well-known in the practice and we stand up for the rights and interests of employees with cases including: wrongful termination, sexual harassment, discrimination, and more. The doctrine of unclean hands is an affirmative defense that "prevents one who has engaged in improper conduct regarding the subject matter of the cause of action, to pursue the claim at issue." Sender v. Mann, 423 F. Supp. When the Bovets moved out, Darcy dropped the eviction lawsuit, then mysteriously the house went up in flames. 2018) Never do this: sabotage a court-ordered mediation. In ourHow to Answer a Lawsuitarticle, we discussed how to answer the complaint orlawsuitthat was presented to you. However, this defense may not be used to put in issue conduct of the plaintiff unrelated to plaintiffs claim. App. Avoid These 10 Mistakes When Repairing Your Credit, Credit Repair Myths: What Will Not Increase Your Score, 10 Ways to Rebuild Your Credit During a Chapter 13 Bankruptcy Process, Collection and Charge-Off Account Dispute Letters, Specialized Dispute Letters to Credit Bureaus, Creditors, and Collectors, Specialized Credit Repair Dispute Letters for Bankruptcy, Specialized Credit Repair Dispute Letters to Collection Agencies, Specialized Credit Repair Dispute Letters to Credit Bureaus, Specialized Credit Repair Dispute Letters to Creditors, What You Should Know Before You Begin The Credit Repair Process, Credit Cards Made Easy: How Credit Cards Work, Everything You Need to Know About Secured Credit Cards, The Best Credit Cards for Bad Credit or No Credit, The Complete Guide to Banks and Credit Unions, The Best Online Checking Accounts No Opening Deposit Required, The Best Banks That Dont Use ChexSystems, Everything You Need To Know About Early Warning Services (EWS), Everything You Need to Know About TeleCheck, Open a Bank Account Online with No Deposit and Bad Credit, 7 Questions to Ask Yourself Before Taking on More Debt. ( Insurance Co. of North America v. Liberty Mutual Ins. [Crim. The court of appeal in Kendall-Jackson Winery, Ltd. v. Superior Court (1999) 76 Cal.App.4th 970, 978-79, summarized the doctrine of "Unclean Hands" as follows: The defense of unclean hands arises from the maxim, "He who comes into Equity must come with clean hands." The doctrine demands that a plaintiff act fairly in the matter for which he seeks a remedy. The California Court of Appeals decided in an unpublished opinion this month that a worker who presents false documents to an employer is barred from claiming wrongful discharge under state discrimination laws and public policy. 2 CA Decision penned by Associate Justice Agustin S. Dizon, with Associate Justices Regalado E. Maambong and Cecilia C. Librea-Leagogo concurring, dated 26 June 2008, p. 5; rollo, p. 51. The unclean hands doctrine is also known as the "clean hands doctrine" and the "dirty hands doctrine." [1a] Candie argues on appeal that the court erred in granting Robert's motion for visitation. See . ), Candie's second argument in support of the application of the clean hands doctrine likewise must fail. Committing a tort or crime with regard to the contract, i.e., bribery, 4. The elements of the defense of unclean hands are: (1) Plaintiff is guilty of conduct involving fraud, deceit, unconscionability, or bad faith; (2) This conduct by plaintiff directly relates to the matter at issue; (3) This conduct injured the defendant; and. Among other things, the complaint prayed for a formal declaration that Robert was Brandie's natural father and that he pay child support. Brown & Charbonneau, LLP. He now stands ready to assume the full responsibility of fatherhood. A legal doctrine is a defense to a complaint that states that a party who is asking for a judgment cannot have the help of the court if he/she has done anything unethical in relation to the subject of the lawsuit. The common law clean hands doctrine was codified and included in the Family Law Act. The court ordered the tests performed. Everything You Need to Know. 183444, 12 October 2011. This legal doctrine can seem complicated, but it is designed to protect the legal system's integrity and prevent a party from using the courts to gain an unfair advantage over another. (4) This conduct affected the balance of equities between the litigants in such a way that, in light of plaintiffs conduct, plaintiff should not be permitted any remedy against defendant in equity. "He who comes into equity must come with clean hands" is an equitable maxim in English law. The doctrine of laches is a legal defense that may be claimed in a civil matter, which asserts that there has been an unreasonable delay in pursuing the claim (filing the lawsuit), which has prejudiced the defendant, or prevents him from putting on a defense.The doctrine of laches is an equitable defense that seeks to prevent a party from ambushing someone else by failing to make a legal claim . . Should a business try to sue you for a breach of contract, then the doctrine of unclean hands could be one of many defenses to breach of contract that you could use to defend yourself. Therefore, the court did not abuse its discretion when refusing to apply the doctrine in this manner. Everything You Need to Know About Wage Garnishment, The Best Personal Loans if You Have Bad Credit, The Difference Between a Secured Credit Card and a Credit Builder Loan, Why You Should Stay Far, Far Away From Payday Loans, How to Write a Friend or Family Personal Loan Agreement. 3d 116] on appeal by her failure to object below. The LaCroix court expressly disagreed with the Hines decision in refusing to dismiss the putative father's case. Such relief is usually sought in the form of specific performance, or an injunction. Share this conversation. The doctrine is often stated as those seeking equity must do equity or equity must come with clean hands.. Procedure (2d ed. 610, 637 (Bankry.C.D.Cal. Second, Candie contends that Robert is not a parent within the meaning of Civil Code section 4600 and section 4601. California Court Applies Unclean Hands Doctrine to Bar Wrongful Discharge Claim of Undocumented Worker. In addition, the California Supreme Court announced that the defense of recrimination in divorce law is a derivative of the unclean hands defense. 9A8CrF8X Unjt2(q. The same thing applies to your family law case. Show More. The parties then stipulated that Robert was Brandie's natural father. Unclean hands is a common affirmative defense pleaded by defendants and must be proved by the defendant. [3][4] In other words, 'unclean hands' can be used offensively by the plaintiff as well as defensively by the defendant. It did so after briefly summarizing the evolution of the rights of both men and women involved in paternity suits where the child is the product of an extramarital relationship --a mother under the age of consent being one of those factual possibilities. Furthermore, an attorney can help identify if you have any other defenses available to you. It is an affirmative defense that the defendant may claim the plaintiff has "unclean hands". Indeed, it is questionable if the clean hands doctrine has any application to the facts before us. What Is Re-aging Debt and Can Debt Collectors Actually Do It? 3d 113] hands. At True Legal Group we focus strictly on 100% of our practice solely on employment law matters, which includes workplace discrimination, sexual harassment, retaliation, whistleblower, wrongful termination, pregnancy, medical/disability claims, andwage and hourissues. Court of Appeals of California, Fifth Appellate District. We are client focused and want to hear your situation in order to provide a compassionate and responsive answer to your situation. 138]. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb. hXr)}D#4fDWjClAE*7_
(KLw9w;|xP]+O'>zI$#_0IJ?+V7#fo.&5Fr9}5?B_F"""!/0e!m;38>|wt8O~Pf!z~b(9x"{'O^8qEt>$yU}Jtk-}QjUZaL4gG/r0%~w?)g;:s)ntZJWHN[Wgy)OW_?? 0FY$ta3E+KsR7 vfwT`6q 0?ggxPk?7Kq8#YPbj5P5;#*`]z)t`pTO(vQN1+)PsZSV']]SY2juS: F002944. App. App. Cartel Asset Mgmt. Glenn M. Kottcamp for Defendant and Respondent. General immoral or corrupt conduct is not enough to warrant application of the unclean hands doctrine. Should you enter a contract with a business that you feel is dishonest, you may be able to use the unclean hands doctrine to stop the business from enforcing the agreement. What is the Doctrine of Unclean Hands (AKA Dirty Hands or Clean Hands Doctrine)? First, she argues that because Robert is technically an admitted statutory rapist attempting to benefit from his wrongdoing, the court should have applied the unclean hands doctrine for either of two purposes: (1) dismissal for lack of jurisdiction; or (2) for a plaintiff's judgment. The unethical behavior that the plaintiff displayed must be in relation to the complaint itself. True Legal Group makes donations to various non-profit groups on a weekly basis. . (Fibreboard Paper Products Corp. v. East Bay Union of Machinists (1964) 227 Cal. Whether youre a California part-time worker or a executive, True Legal Group can help. Candie misconstrues the application and policy behind the clean hands doctrine in child custody jurisdiction. Rptr. What is the Legal Doctrine of Unclean Hands in California? Here at Cueto Law Group, we specialize in Florida contract law and have developed a contract review checklist to help you determine if you have a case. The "unclean hands" doctrine is a doctrine that prevents one party to a lawsuit from receiving a particular outcome to a case because that party has also engaged in bad behavior. 2d 670 [49 Cal. By doing so the unclean hands doctrine protects both the . Whats the Difference Between My Credit Report and My Credit Score? While Brandie is concededly the result of the transaction which her parents' sexual relationship represents, she was not a party to it. The Baek v. Halverson case shows Darcy borrowed over $175,000 against the property. However, such a defense cant be used in cases that result in legal damages, i.e., monetary awards. The defendant must show that plaintiff misled the defendant or has done something wrong regarding the matter under consideration. Thereafter, the court found Robert to be Brandie's natural father and ordered Robert to pay support payments. What is the Fair Debt Collection Practices Act (FDCPA)? Corp., 2010 WL 3522409, at *3 (D. Colo. Aug. 11, 2010) (citing In re New Valley Corp., 181 F.3d 517, 523 (3d Cir. He netted $175,000 from the loan, and there was no evidence that Darcy knew the original deed had been forged. They will discuss several unclean hands elements to determine if this is the right course of action for your case. Want High Quality, Transparent, and Affordable Legal Services? She seeks to use this section as an affirmative defense against Robert's motion for visitation and custody. Candie argues that Robert has technically admitted to statutory rape by acknowledging fatherhood, therefore coming before the court with unclean [157 Cal. All Rights Reserved. Preliminarily, we note that in In re Marriage of Popenhager (1979) 99 Cal. But benefits run both ways, and it is the benefits Brandie receives from the parent/child contact with Robert about which we are most concerned. 408.357.8073. A party who has violated an equitable principle, such as good faith, is described as having "unclean hands."The clean-hands doctrine is invoked when a party . Darcy testified that McIntyre gave him the property because she was tired of dealing with it and there was a tax liability of $10,000. Furthermore, if the plaintiff engaged in wrongful conduct that had nothing to do with the contract itself, then this defense is not available. [2] The determination that a party has unclean hands under this second Civil Code section is also a matter of judicial discretion. This jurisdictional argument, presented without supporting statutory or judicial authority, fails.
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