A judge’s dismissal of a civil rights action due to the plaintiff’s failure to list it as a potential claim on his Chapter 13 bankruptcy petition was too harsh an application of the judicial estoppel doctrine, a state appeals court says.
Reinstating the suit, Marquez v. Drew , on Wednesday, the panel said Superior Court Judge Andrew Smithson’s ruling “did not serve the doctrine’s essential purpose to prevent a miscarriage of justice, and was a mistaken exercise of the trial court’s discretion.”
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