The United States District Court, Central District of California, in case number 6:08-ap-01384-PC, filed and entered its decision to dismiss a lawsuit against the defendants.  Brian Pedigo, attorney of record for the defendants, filed a motion to dismiss under FRCP 12(b)(6) (FRCP 12 is incorporated by reference by the Federal Rules of Bankruptcy Procedure) on the grounds that judicial estoppel should stop the plaintiff from bringing his claims against defendants.

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The reason that judicial estoppel applied in this case was because the plaintiff alleged two breaches of contract against defendants whereby the property allegedly at interest in the contract had not been disclosed in Plaintiff’s own prior bankruptcy. Due to Plaintiff’s clearly inconsistent positions, the Court agreed with the Defendant’s argument that judicial estoppel was necessary in order to protect the integrity of the bankruptcy system. The suit was dismissed in its entirety, with prejudice.

Motion to Dismiss | Court’s Memorandum of Decision