What are the elements of judicial estoppel?

California, United States of America


The following excerpt is from Kattuah v. Yuhl, Carr, LLP, B276879 (Cal. App. 2017):

4. "The elements of judicial estoppel are '(1) the same party has taken two positions; (2) the positions were taken in judicial or quasi-judicial administrative proceedings; (3) the party was successful in asserting the first position (i.e., the tribunal adopted the position or accepted it as true); (4) the two positions are totally inconsistent; and (5) the first position was not taken as a result of ignorance, fraud, or mistake.' [Citations.] Even if the necessary elements of judicial estoppel are satisfied, the trial court still has discretion to not apply the doctrine. [Citation.]" (Owens v. County of Los Angeles (2013) 220 Cal.App.4th 107, 121.)

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