Fear Not Law Articles: DANIEL v. JANIE Part II

DANIEL v. JANIE

Filed 6/30/06

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

DANIEL PETER LEVIN,

Plaintiff and Appellant,

JANIE LEE LIGON et al.,

Defendants and Respondents.

A109477

(San Francisco City & County

Super. Ct. No. 306069)

Story continue from Part I â€¦â€¦..

3. Applying the Five-Prong Test in Jackson

a. Two Positions by Same Party

The first element of the Jackson test for applying the doctrine of judicial estoppel is that the evidence must establish â€

Description	Where former husband remarried prior to distribution of assets accumulated during prior marriage. Subsequently sued and settled with his foreign solicitors whom he claimed committed malpractice by failing to advise him that under English law, his remarriage barred his ancillary claim to assets accumulated during prior marriage and held in name of former wife. The doctrine of judicial estoppel barred him from claiming a community property interest in those assets.
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