CALIFORNIA FAMILY LAW
...Procedure Before Trial/Hearing
......Judicial Estoppel
3 Cards On This Topic:
  • Settlement of legal malpractice action where H claimed he lost marital assets because of law firm's malpractice, estopped him from later claiming c/p interest in the same assets; Jackson Test.
  • Judicial estoppel prevents taking one position in first action and then an inconsistent one in a subsequent action.
  • Judicial estoppel does not prevent H from contradicting declaration in prior action with W1 wherein he declared he had no interest in business; W2 participated in fraud.