22 Cited authorities

New Hampshire v. Maine
532 U.S. 742 (2001) Cited 4,559 times 17 Legal Analyses
Holding that under the doctrine of judicial estoppel, “New Hampshire is equitably barred from asserting—contrary to its position in the 1970's litigation—that the inland Piscataqua River boundary runs along the Maine shore”
Addisu v. Fred Meyer, Inc.
198 F.3d 1130 (9th Cir. 2000) Cited 1,459 times
Holding that § 1985 "prohibits two or more persons from conspiring to deprive any person or class of persons of the equal protection of the law"
Hamilton v. State Farm Fire Cas. Co.
270 F.3d 778 (9th Cir. 2001) Cited 924 times 1 Legal Analyses
Holding that an initial “discharge of debt by a bankruptcy court, under these circumstances, is sufficient acceptance to provide a basis for judicial estoppel, even if the discharge is later vacated”
Kennedy v. Allied Mut. Ins. Co.
952 F.2d 262 (9th Cir. 1991) Cited 788 times 1 Legal Analyses
Holding that a court may discount a "sham" declaration that "flatly contradicts" earlier deposition testimony, and was provided for the sole purpose of creating a genuine issue of material fact
Rissetto v. Plumbers Steamfitters Local 343
94 F.3d 597 (9th Cir. 1996) Cited 397 times 1 Legal Analyses
Holding that a plaintiff was judicially estopped from asserting claims based on her ability to work where she had previously received a favorable Workers' Compensation settlement based on assertions that she was unable to work
Milton H. Greene Archives, Inc. v. Marilyn Monroe LLC
692 F.3d 983 (9th Cir. 2012) Cited 124 times
Holding that, when reviewing applications of judicial estoppel, we first must determine “whether the trial court identified the correct legal rule”
In re Marriage of Burkle
139 Cal.App.4th 712 (Cal. Ct. App. 2006) Cited 147 times
Finding presumption of undue influence rebutted where relevant financial information was provided to attorneys and accountants and wife had been represented by a "number of attorneys, including family law specialists."
Baughman v. Walt Disney World Co.
685 F.3d 1131 (9th Cir. 2012) Cited 113 times 1 Legal Analyses
Holding that, to provide "full and equal enjoyment," public accommodations must "consider how their facilities are used by non-disabled guests and then take reasonable steps to provide disabled guests with a like experience"
In re Marriage of Fong
193 Cal.App.4th 278 (Cal. Ct. App. 2011) Cited 113 times
Holding that only parties who have served a declaration of disclosure can seek section 2107 sanctions for the other party's failure to do so
Foster v. Arcata Associates, Inc.
772 F.2d 1453 (9th Cir. 1985) Cited 225 times
Holding that no issue of fact exists where party's affidavit contradicts his prior deposition testimony
Section 2100 - Legislative findings and declaration
Cal. Fam. Code § 2100 Cited 150 times 1 Legal Analyses
In section 2100, subdivision (b), the Legislature declared, "Sound public policy further favors the reduction of the adversarial nature of marital dissolution and the attendant costs by fostering full disclosure and cooperative discovery."
Section 2105 - Final declaration of disclosure
Cal. Fam. Code § 2105 Cited 112 times
Requiring final declaration of disclosure
Section 2104 - Perjury; tax returns included in declaration; information included; amendment; complete income and expense declaration; service of declaration
Cal. Fam. Code § 2104 Cited 98 times
Requiring preliminary declaration of disclosure

Nicole Banks v. Josefa Gonzalez-Hastings et al

22 Cited authorities

Holding that under the doctrine of judicial estoppel, “New Hampshire is equitably barred from asserting—contrary to its position in the 1970's litigation—that the inland Piscataqua River boundary runs along the Maine shore”

Holding that § 1985 "prohibits two or more persons from conspiring to deprive any person or class of persons of the equal protection of the law"

Holding that an initial “discharge of debt by a bankruptcy court, under these circumstances, is sufficient acceptance to provide a basis for judicial estoppel, even if the discharge is later vacated”

Holding that a court may discount a "sham" declaration that "flatly contradicts" earlier deposition testimony, and was provided for the sole purpose of creating a genuine issue of material fact

Holding that a plaintiff was judicially estopped from asserting claims based on her ability to work where she had previously received a favorable Workers' Compensation settlement based on assertions that she was unable to work

Holding that, when reviewing applications of judicial estoppel, we first must determine “whether the trial court identified the correct legal rule”

Finding presumption of undue influence rebutted where relevant financial information was provided to attorneys and accountants and wife had been represented by a "number of attorneys, including family law specialists."

Holding that, to provide "full and equal enjoyment," public accommodations must "consider how their facilities are used by non-disabled guests and then take reasonable steps to provide disabled guests with a like experience"

Holding that only parties who have served a declaration of disclosure can seek section 2107 sanctions for the other party's failure to do so

Holding that no issue of fact exists where party's affidavit contradicts his prior deposition testimony

In section 2100, subdivision (b), the Legislature declared, "Sound public policy further favors the reduction of the adversarial nature of marital dissolution and the attendant costs by fostering full disclosure and cooperative discovery."

Requiring final declaration of disclosure

Requiring preliminary declaration of disclosure