All notes for Subtopic 1403.01000 – In General
|Decision||Description||PERC Vol.||PERC Index||Date|
|A497M|| City and County of San Francisco|
1403.01000: GENERAL LEGAL PRINCIPLES; ESTOPPEL; In GeneralThe doctrine of judicial estoppel prohibits a party from successfully taking inconsistent positions in the same or different judicial proceedings. (Alliance Judy Ivie Burton Technology Academy High, et al. (2020) PERB Decision No. 2719, pp. 36-37 (Alliance) (judicial appeal pending); Jackson v. County of Los Angeles (1997) 60 Cal.App.4th 171, 181 (Jackson).) Judicial estoppel applies when (1) the same party has taken two positions; (2) the positions were taken in judicial or quasi-judicial administrative proceedings; (3) the party was successful in asserting the first position (i.e., the tribunal adopted the position or accepted it as true); (4) the two positions are totally inconsistent; and (5) the first position was not taken as a result of ignorance, fraud, or mistake. (Alliance, supra, p. 37, citing Jackson, supra, 60 Cal.App.4th at p. 183.) The doctrine’s purpose is to protect the integrity of the judicial process by preventing parties from playing fast and loose with the courts. (Alliance, supra, p. 37, citing Jackson, supra, 60 Cal.App.4th at p. 181.) In this matter, the Board declined to consider whether the City should be estopped from asserting it cannot apply PERB Regulations because the Association failed to fully raise or argue the matter, nor was it addressed in an earlier order to show cause. (pp. 26-27.) more or view all topics or full text.
|2332E|| Santa Ana Unified School District|
1403.01000: GENERAL LEGAL PRINCIPLES; ESTOPPEL; In GeneralGenerally, estoppel will be applied when four elements are present: (1) the party to be estopped must be apprised of the facts; (2) he must intend that his conduct shall be acted upon, or must so act that the party asserting the estopped had a right to believe it was so intended; (3) the other party must be ignorant of the true facts; and (4) he must rely on the conduct to his injury. However, estoppel will not be applied against the benefit of the public. A school district is equitably estopped from relying on Education Code section 35163 when it conceals from the union and PERB the alleged fact that ratification of a settlement agreement of a PERB unfair practice charge is required in order to bind the district. more or view all topics or full text.