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KENDALL-JACKSON v. SUPERIOR COURT

No. F033305.

90 Cal.Rptr.2d 743 (1999)

76 Cal.App.4th 970

KENDALL-JACKSON WINERY, LTD., Petitioner, v. The SUPERIOR COURT of Stanislaus County, Respondent; E. & J. Gallo Winery, Real Party in Interest.

Court of Appeals of California, Fifth District.

As Modified on Denial of Rehearing January 3, 2000.

Review Denied February 23, 2000.

Attorney(s) appearing for the Case

Ropers, Majeski, Kohn & Bentley, Daniel E. Alberti, Mark G. Bonino, Redwood City, Mary A. Kiker, Los Angeles, and Kathryn C. Curry, for Petitioner.

No appearance for Respondent.

Blecher & Collins, Maxwell M. Blecher, Los Angeles, Steven J. Cannata; Damrell, Nelson, Schrimp, Pallios & Ladine, Roger M. Schrimp, Modesto; Orrick, Herrington & Sutcliffe, George A. Yuhas and Laurie Chambers, San Francisco, for Real Party in Interest.

OPINION

THAXTER, Acting P.J.

The doctrine of unclean hands does not deny relief to a plaintiff guilty of any past misconduct; only misconduct directly related to the matter in which he seeks relief triggers the defense. (11 Witkin, Summary of Cal. Law (9th ed. 1990) Equity, § 10, p. 686.) The trial court found that Kendall-Jackson Winery, Ltd. (Kendall-Jackson), the defendant in a malicious prosecution action, had no relevant evidence that the plaintiff...

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