In Rosa v. CWJ Contractors, Ltd., 4 Haw. App. 210, 664 P.2d 745 (1983), a breach of contract case, plaintiffs argued inconsistent positions. Under one position, plaintiffs argued that a prior defendant was a separate entity in order to overcome defendant's motion to dismiss. Conversely, plaintiffs argued that the prior defendant and a current defendant were in privity in order to obtain a summary judgment against the current defendant. The Court held that "the result was an internally inconsistent final decision, prejudicing defendant. Since the trial court accepted plaintiffs' . . . theory of action in denying defendant's motion to dismiss, the plaintiffs could not subsequently repudiate such a position in their motion for summary judgment." Id. at 220, 664 P.2d at 752. However, while equitable estoppel or judicial estoppel prevents a party from assuming inconsistent positions in the same proceeding, it "does not preclude a party from pleading inconsistent claims or defenses within a single action." Id. at 219, 664 P.2d at 752; HRCP Rule 8(e)(2) (1998). HRCP Rule 8(e) states: Rule 8. General rules of pleading. (e) Pleading to be concise and direct; consistency. (1) Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleading or motions are required. (2) A party may set forth two or more statements of a claim or defense alternatively or hypothetically, either in one count or defense or in separate counts or defenses. When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. A party may also state as many separate claims or defenses as he has regardless of consistency and whether based on legal or on equitable grounds or on both. All statements shall be made subject to the obligations set forth in Rule 11.