Jogani

In 1995, plaintiff allegedly entered into an oral partnership agreement to manage his brothers’ real estate business. According to plaintiff, he was eventually to receive 50 percent of the partnership’s “profits, proceeds, and value” if he succeeded in recouping his brothers’ investment plus a 12 percent return. Plaintiff contends he accomplished that goal in 2001 but was not paid in accordance with the partnership agreement. In 2003, he filed this action against his brothers, other relatives, and their real estate companies, seeking $250 million.

Meanwhile, in the 1990’s, plaintiff’s own business pursuits resulted in several lawsuits and judgments against him. In connection with two of the judgments, he testified at judgment debtor examinations in 1998. During the examinations, he did not mention his involvement in, or the existence of, the partnership. The judgment creditors settled the cases for significantly less than the amounts of the judgments.

Defendants moved for summary judgment based on the doctrine of judicial estoppel, which protects the integrity of the judicial process by preventing a party from taking inconsistent positions in separate cases. The trial…