A Superior Court Judge has ruled that two brothers who have been waging a $1 billion real estate battle against a third brother for more than 15 years cannot reignite their litigation, as it has emerged that they previously and untruthfully swore under oath that they had no stake in the partnership they were attempting to control. This decision could end litigation that began in 2002. Daily Journal interviewed Partner Frank Busch, who serves as co-counsel for the brother against whom the litigation was filed, to discuss the case.
“If we can’t hold people to their sworn testimony, it just becomes impossible to litigate,” Busch said.
In December 2017, Judge Mark V. Mooney ruled that Rajesh and Chetan Jogani were in violation of judicial estoppel, which prevents changing sworn testimony except for cases of economic duress or other specific circumstances. Judge Mooney stated that he did not believe the brothers could claim the type of financial hardship that would justify their actions.
Read the full article. (Subscription may be necessary to view.)
© 2018 Kerr & Wagstaffe LLP