Kempf
Kempf v. Barrett Business Services, Inc.
Opinion
Lead Opinion
MEMORANDUM *
Richard Kempf, a former branch manager of the Fairfield branch of Barrett Business Services, Inc. (Barrett), brought suit in the Northern District of California, seeking damages arising from Barrett’s adjustment of his bonus. The district court had jurisdiction under 28 U.S.C. § 1332 . After a bench trial, the court entered judgment for Kempf on his claim that Barrett’s adjustment of his final bonus on the basis of the branch’s workers’ compensation claims constituted a breach *661 of contract and the unlawful withholding of wages under California law. Barrett brought the instant appeal. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
1. Barrett first challenges the district court’s alleged “ruling” from the bench concerning the applicability of unclean hands in an action for breach of contract. The court’s statement, however, does not constitute a ruling on Barrett’s unclean hands defense. The court questioned the applicability of an unclean hands defense to Kempf s cause of action when ruling on the admissibility of Michael Elich’s testimony. But the court admitted Elich’s testimony and allowed Barrett to present its unclean hands defense. At that…