Does the Attorney General have the authority to prevent a plaintiff from making a claim for damages against the Defendant?

^11. The Attorney General also asserts that this claim is barred by judicial estoppel, which " ' " 'precludes a party from gaining an advantage by taking one position, and then seeking a second advantage by taking an incompatible position.' " ' " (People v. Castillo (2010) 49 Cal.4th 145, 155.) Defendant disputes that all the elements of judicial estoppel are met. The application of the judicial estoppel doctrine is discretionary (id. at p. 155), and in light of our determination that any error was invited, we need not decide the estoppel issue.