International Engine Parts, Inc. v. Feddersen & Co.

Appellants International Engine Parts, Inc., and its principals appeal from the trial court’s granting of respondent Feddersen and Company’s motion for summary judgment. Summary judgment was granted in favor of respondent on grounds that the doctrine of judicial estoppel precluded appellants from raising in this action that which appellants had earlier failed to acknowledge in a bankruptcy action even existed. For the reasons stated below, we affirm.

Procedural Background

This case has a long and tortured history. A previous grant of respondent’s motion for summary judgment on an unrelated statute of limitations issue was affirmed by this court but reversed by the California Supreme Court in International Engine Parts, Inc. v. Feddersen & Co. (1995) 9 Cal.4th 606 [ 38 Cal.Rptr.2d 150 , 888 P.2d 1279 ]. After remand to the trial court, respondent again filed a motion for summary judgment. This second motion for summary judgment alleged that appellants should be estopped from raising their claim because appellants, having filed for bankruptcy protection, failed to disclose to the bankruptcy court the existence of their negligence claim against respondent. Furthermore,…