filed:

Good Law
Court of Appeal of CaliforniaJuly 31, 2013B242137California4,204 words

Opinion

Opinion

Mosk, J.

INTRODUCTION

Defendant and appellant Hany Malek (Malek) appeals from a trial court order requiring him to make restitution in the amount of $1.9 million to a receivership estate. According to Malek, the trial court violated his due process rights when it entered the restitution order based solely on the evidence submitted and findings made at a prior contempt hearing. We hold that because the trial court afforded Malek a full and fair opportunity to cross-examine witnesses who testified at the contempt hearing, examine any other witnesses he wished to call, introduce any other evidence, and make any further arguments in opposition to the restitution request, Malek’s due process rights were not violated. We therefore affirm the restitution order.

FACTUAL BACKGROUND1

A. The Litigation In 2005, plaintiff and respondent Michael M. Koshak (Koshak) formed a business venture with Malek that operated through a medical corporation, Choice Providers Medical Group, also known as Noble Community Medical Associates, Inc., of Los Angeles (Choice Providers). In 2008, Koshak sued Malek asserting 12 causes of action and alleging generally that Malek “developed a sophisticated scheme over an…

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