Levin

Daniel Peter Levin sued his former wife, Janie Lee Ligón, and Levi Strauss & Co. for civil partition of financial assets held in Ligón’s name, which included five Levi Strauss & Co. benefit plans (Levi Strauss plans). Levin appealed from the judgment after the trial court granted summary judgment in favor of Ligón and also granted the motion for judgment on the pleadings by Levi Strauss & Co. and the Levi Strauss plans (collectively, Levi Strauss).

In his partition action against Ligón, Levin asserted that their marital dissolution in England did not resolve his community property interest in certain pension and savings plans and accounts held in Ligón’s name. The trial court found that Levin’s prior legal malpractice action in England, which he settled after asserting that he had lost his right to any interest in the financial assets held by Ligón and accumulated during their marriage, es-topped him from claiming a community property interest in these same assets. In making this determination, the trial court applied the test for judicial estoppel set forth in Jackson v. County of Los Angeles (1997) 60 Cal.App.4th 171 [ 70 Cal.Rptr.2d 96 ] (Jackson) and considered…