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SHASHIKANT v. HARESH Part I

SHASHIKANT v. HARESH Part I
07:17:2006

SHASHIKANT v. HARESH




Filed 7/10/06





CERTIFIED FOR PUBLICATION




IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA






SECOND APPELLATE DISTRICT






DIVISION ONE













SHASHIKANT JOGANI,


Plaintiff and Appellant,


v.


HARESH JOGANI et al.,


Defendants and Respondents.



B181246


(Los Angeles County


Super. Ct. No. BC290553)



APPEAL from a judgment of the Superior Court of Los Angeles County, James R. Dunn, Judge. Reversed.


Horvitz & Levy, Frederic D. Cohen, Andrea M. Gauthier; Krane & Smith and Samuel Krane for Plaintiff and Appellant.


Jones Day, Elwood Lui, Scott D. Bertzyk and Karin L. Bohmholdt for Defendants and Respondents.


___________________________________________


In 1995, plaintiff allegedly entered into an oral partnership agreement to manage his brothers' real estate business. According to plaintiff, he was eventually to receive 50 percent of the partnership's â€





Description Judicial estoppel does not bar suit seeking payment of partnership profits simply because plaintiff did not list partnership interest as asset in a judgment debtor examination in previous unrelated suit where plaintiff in that suit settled for less than amount of judgment.
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