California Court of Appeal

When a party successfully opposes a summary judgment motion, then moves for summary judgment based upon the same evidence used in the summary judgment motion he resisted, the rule of judicial estoppel does not apply against the party because he has not taken inconsistent positions, nor has he disrupted the orderly administration of justice.

Appellate Information

• Decided 09/18/2003
• Published 09/18/2003

Judges

• GILBERT, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Dennis v. Greene;  Freund & Brackey, Beverly Hills, Thomas A. Brackey II;  and Nate G. Kraut, for Plaintiffs and Appellants.


• For Appellees:
  
• Gaims, Weil, West & Epstein and Jeffrey B. Ellis, Los Angeles, for Defendant and Respondent.