In what circumstances will a plaintiff be able to bring a second cause of action under the Budget?

In the first cause of action of his second amended complaint, plaintiff sufficiently alleges the estoppel of Budget to plead the statute of limitations. (See Benner v. Industrial Acc. Com., supra, 26 Cal.2d 346, 350, 159 P.2d 24.) The determination of whether the evidence provided to support those allegations will be sufficient to toll the statute of limitations is a question to be determined by the trier of fact. Accordingly, the trial court erred in sustaining the general demurrer to plaintiff's first cause of action grounded on the statute of limitations.