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KITTY-ANNE MUSIC CO. v. SWAN

No. B158551.

4 Cal.Rptr.3d 796 (2003)

112 Cal.App.4th 30

KITTY-ANNE MUSIC CO., et al., Plaintiffs and Appellants, v. Donald SWAN, Defendant and Respondent.

Court of Appeals of California, Second District, Division Six.

Review Denied November 25, 2003.

Attorney(s) appearing for the Case

Dennis v. Greene; Freund & Brackey, Beverly Hills, Thomas A. Brackey II; and Nate G. Kraut, for Plaintiffs and Appellants.

Gaims, Weil, West & Epstein and Jeffrey B. Ellis, Los Angeles, for Defendant and Respondent.

GILBERT, P.J.

A party successfully opposes a summary judgment motion. He then moves for summary judgment based upon the same evidence used in the summary judgment motion he resisted. The rule of judicial estoppel does not apply against the party because he has not taken inconsistent positions, nor has he disrupted the orderly administration of justice.

Kitty-Anne Music Co., Inc. and Milton Delugg, president of Kitty-Anne Music

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