California Court of Appeal

Gottlieb v. Kest, B178729

Summary judgment for defendant, based on judicial estoppel, is reversed where the bankruptcy court did not adopt or accept the truth of plaintiff's failure to list any legal claims as assets, eliminating any threat to judicial integrity. Judgment against plaintiff based on collateral estoppel is reversed where there was no privity, as plaintiff's interests in defending the cross-complaint differed significantly from the interests of his companies.

Appellate Information

• Decided 07/10/2006
• Published 07/10/2006

Judges

• MALLANO, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Tesser & Ruttenberg and Brian M. Grossman, Los Angeles, for Plaintiff, Cross-defendant and Appellant., Raymond L. Asher, Los Angeles, for Defendant, Cross-complainant and Respondent.