Legal Opinion
The Swahn Group, Inc. v. Segal
California Court of Appeal
Decided April 7, 2010No. C056970PublishedCited by 25 opinions
1Opinion of the Court
Opinion
BLEASE, Acting P. J.
This legal malpractice case tenders the doctrine of judicial estoppel, which precludes a party from taking inconsistent positions in separate proceedings where the position in the first proceeding was adopted by the court or accepted by it as true. (Jackson v. County of Los Angeles (1997) 60 Cal.App.4th 171, 181 [70 Cal.Rptr.2d 96] (Jackson).) Judicial estoppel differs from collateral estoppel or equitable estoppel in that it is focused on the relationship between the litigant and the judicial system and not on the relationship of the parties. (Id. at p. 183.)
The…
2Cases cited23 opinions
- New Hampshire v. MaineSupreme Court of the United States · 2001
- Lucas v. HammCalifornia Supreme Court · 1961
- Schifando v. City of Los AngelesCalifornia Supreme Court · 2003
- Ryan Operations G.P., a Virginia General Partnership and Nvr, L.P., a Virginia Limited Partnership, on Behalf of Its Division, Nvr Building Products Co. v. Santiam-Midwest Lumber Co., an Oregon Corporation Furman Lumber, Inc., a Massachusetts Corporation Bright Wood Corp., an Oregon Corporation. Bright Wood Corp., Third Party v. Forrest Paint Co., Inc., an Oregon Corporation Guardsman Products, Inc., a Delaware Corporation, Third Party Ryan Operations G.P. And Nvr, L.P. And Its Division, Nvr Building Products Co.Court of Appeals for the Third Circuit · 1996
- Cantu v. Resolution Trust Corp.California Court of Appeal · 1992
18 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- People v. SuffCalifornia Supreme Court · 2014
- Minish v. Hanuman FellowshipCalifornia Court of Appeal · 2013
- Blix Street Records, Inc. v. CassidyCalifornia Court of Appeal · 2010
- Miller v. Bank of AmericaCalifornia Court of Appeal · 2013
- Regents of the University of California v. Superior CourtCalifornia Court of Appeal · 2013
20 more not listed; retrieve them via the Exa API.