Is judicial estoppel applied in the context of a claim for damages against a defendant who failed to meet a specific legal test?
California, United States of America
The following excerpt is from Minish v. Fellowship, 154 Cal.Rptr.3d 87, 214 Cal.App.4th 437 (Cal. App. 2013):
Citing Thomas v. Gordon (2000) 85 Cal.App.4th 113, 102 Cal.Rptr.2d 28 ( Thomas), defendants argue that the court properly applied judicial estoppel because success is not invariably a required element.
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