Seipel

MEMORANDUM **

Plaintiff Olympic Coast Investment, Inc., appeals the district court’s dismissal of its state law claims against Defendant Joseph H. Seipel, on the theory that Plaintiff is judicially estopped from presenting arguments inconsistent with its original primary argument. Reviewing for abuse of discretion, Hamilton v. State Farm Fire & Cas. Co., 270 F.3d 778, 782 (9th Cir.2001), we reverse and remand.

In its complaint and memoranda before the district court, Plaintiff advanced three theories concerning its ability to bring suit: (1) as an express business trust, (2) as a corporation in its individual capacity, and (3) as the assignee of claims. The district court rejected Plaintiffs first theory on the merits but declined to rule on the other theories. In an earlier appeal, we affirmed the district court’s rejection of the first theory on the merits. Olympic Coast Inv., Inc. v. Seipel, 208 Fed.Appx. 569, 570-71 (9th Cir.2006) (unpublished decision). But we also held that “[t]he district court erred in granting summary judgment to [Defendant] without considering [Plaintiffs] ability to sue in its capacity either as a corporation or assignee of claims.” Id. at 571 . On…