Plaintiff tried to refinance her Wells Fargo home loan with another lender but that effort was thwarted by a fraudulent third party’s lien on the property. Plaintiff contends that Wells Fargo should have helped her remove the fraudulent lien, but instead it started foreclosure proceedings on her loan. She filed a Chapter 13 bankruptcy to avoid the foreclosure and listed her claim against the third party but not any claim against Wells Fargo in her schedules. This decision holds that the complaint as initially pleaded was subject to judicial estoppel due to the inconsistent positions plaintiff took in bankruptcy court and state court and from which she benefited when the bankruptcy court confirmed her Chapter 13 plan. However, judicial estoppel is generally better assessed on summary judgment rather than demurrer, and the trial court should have given plaintiff leave to amend to allege facts showing that her failure to list the claim on her bankruptcy schedules was due to a mistake. And she mentioned one fact–that after she filed bankruptcy Wells Fargo did begin helping her remove the fraudulent lien–which might support her claim of mistake. Leave to amend should also have been granted to cure other pleading defects in her claims for breach of implied covenant and for violation of the FCRA and FDCPA.