2016-00200378-CU-MC

Timothy J. Dummer vs. Ca Contractors State License Board

Nature of Proceeding: Motion to File Amended Answer

Filed By: Sapoznikow, Michael

** If a request for oral argument is made, then the hearing will take place at

9:00AM on Monday, March 26, 2018 in this department. If a Monday hearing is inconvenient, then counsel (and any parties in propria persona) shall meet and confer and, at the time oral argument is requested, shall notify the Department 54 Clerk of their request for a different date for the hearing. Any request for oral argument must still be made by 4:00PM today. (See Local Rule 1.06.) **

The renewed motion of Defendants California Contractors State Licensing Board and

Franchise Tax Board for leave to add the defense of unclean hands to their answer is GRANTED.

Trial is set to commence on 3/26/18. Despite the imminent trial date, the court discerns no prejudice, and Plaintiff Dummer does not argue he needs additional time to confront the new defense. Furthermore, it appears Defendants only recently discovered the facts supporting the defense, namely that Dummer continued to work as a contractor in this state even after his California license was suspended.

Dummer does oppose on grounds the defense of unclean hands does not apply for legal and factual reasons. Among other things, Dummer argues the unclean hands defense does not apply because any unauthorized work he assertedly performed is unrelated to his claims that his license was revoked without due process. Given the liberal policy favoring amendments, the court grants the motion without resolving the merits of this or Dummer’s other arguments. (But see Kendall-Jackson Winery, Ltd. v. Superior Court (1999) 76 Cal.App.4th 970, 978 [a plaintiff seeking equity “must come into court with clean hands, and keep them clean, or he will be denied relief, regardless of the merits of his claim”], emphasis added.)

The court need not rule and does not rule on Defendants’ evidentiary objections.

The motion is granted. The amended answer is deemed served as of today’s date.

Defendants shall file a stand-alone version of the amended answer forthwith. Defendants are requested to present a copy of this ruling to the civil filing clerk to facilitate the filing of the amended answer.