The following excerpt is from Rumbaugh v. Harley, No. 2:17-CV-01970-KJM-AC (E.D. Cal. 2018):
In Battuello v. Batuello, 64 Cal. App. 4th 842, 847 (1998), the court observed that section 366.2's prohibitions on tolling or extending a claim say "nothing about equitable estoppel." But equitable estoppel, unlike tolling, "comes into play only after the limitations period has run" and could apply where "a party will be estopped from asserting the statute of limitations as a defense to an admittedly untimely action because his conduct has induced another into forbearing suit within the applicable limitations period." Id. Applying these principles to the facts of that case, the court found plaintiff had alleged sufficient facts for the doctrine to apply because defendant "convinced him not to file a timely suit by telling him that he would receive" the disputed property. Id. at 848. "By the time [plaintiff] learned [defendant's] promise was false, the statute of limitations had passed." Id.
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