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SKINNER v. HOLGATE

No. 35506-0-II.

173 P.3d 300 (2007)

Matthew SKINNER, an individual, Appellant/Cross-Respondent, v. Gary D. HOLGATE and Judy Holgate, individually and the marital community comprised thereof; Adam Holgate and Jane Doe Holgate, individually and the marital community comprised thereof; Westlands Resources Corporation, a Washington corporation; Westlands Holding Company, Inc., a Washington corporation, Respondents/Cross-Appellants.

Court of Appeals of Washington, Division 2.

November 27, 2007.

Attorney(s) appearing for the Case

Bradley Judson Woodworth, Attorney at Law, Portland, OR, for Appellant/Cross-Respondent.

Richard Antoine Paroutaud, Mano McKerricher Paroutaud, Chehalis, WA, Philip Albert Talmadge, Talmadge Law Group PLLC, Tukwila, WA, for Respondent/Cross-Appellant.

BRIDGEWATER, J.

¶ 1 Matthew Skinner appeals from a summary judgment wherein the trial court applied the doctrine of judicial estoppel and granted summary judgment against Skinner. Skinner filed for bankruptcy but failed to disclose an estimated $1,000,000 claim against Holgate and received a discharge in bankruptcy, finding that there were no assets. Judicial estoppel is an equitable doctrine precluding a party from asserting one position in a court proceeding...

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