Jayson Orvis, Plaintiff and Respondent v. Jamis M. Johnson, Defendant and Petitioner

Summary

The court held that a summary-judgment movant who relies on judicial estoppel, an issue on which the movant would bear the burden at trial, must affirmatively establish the doctrine's essential elements and show that no material factual dispute remains. Orvis offered only partial quotations from Johnson's prior testimony and failed to provide evidence establishing judicial estoppel, so summary judgment and the resulting declaratory judgment were improper. The court reversed and remanded.