(DOWNLOAD) "Deberard Properties v. Lim" by California Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: Deberard Properties v. Lim
- Author : California Supreme Court
- Release Date : January 03, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Edwin O. Kelsey appeals the trial courts order granting the motion by Waste Management of Alameda County (Waste Management) for summary judgment in his action for discrimination and intentional infliction of emotional distress. Kelsey contends that the trial court erred by determining that he lacked standing to sue after he filed for chapter 13 bankruptcy, and by invoking the doctrine of judicial estoppel to preclude his suit based on his failure to list his claim against Waste Management in the bankruptcy proceedings. We conclude that a chapter 13 bankruptcy debtor has standing to sue, and that Waste Management failed in its burden on summary judgment to demonstrate the existence of all of the elements of judicial estoppel. We reverse.