Elston

MEMORANDUM ***

Patricia Elston brought this action alleging that her worker’s compensation claim had been handled in bad faith. The district court’s granted summary judgment against Elston holding that her action was barred by judicial estoppel because she had failed to list her claim in her bankruptcy proceeding. We affirm.

We review the district court’s grant of summary judgment de novo, and will affirm if, viewing the “evidence in the light most favorable to the nonmoving party, there are no genuine issues of material fact and the district court applied the relevant substantive law.” Hamilton v. State Farm Fire and Cas. Co., 270 F.3d 778, 782 (9th Cir.2001). However, we review “the district court’s application of judicial estop-pel to the facts of [a] case for an abuse of discretion.” Id.

*699 In Hamilton , we explained that “[jjudi-cial estoppel is an equitable doctrine that precludes a party from gaining an advantage by asserting one position, and then later seeking an advantage by taking a clearly inconsistent position.” Id. We further explained that we invoke judicial estoppel not only to prevent a party from gaining an advantage by taking inconsistent position, but…