What is the difference between a promissory estoppel action and a breach of contract action?

California, United States of America


The following excerpt is from Odimbur v. Wells Fargo Bank, N.A., B257219 (Cal. App. 2015):

Appellant relies upon the arguments she made in her breach of contract claim, noting that a promissory estoppel action "is identical to a contract action except there is a lack of consideration." Appellant makes no new arguments, other than a single sentence without citation about the relative bargaining strength of the partieswhich we decline to address. (People v. Stanley (1995) 10 Cal.4th 764, 793 [court may treat as waived issue that was not supported by argument or citation to relevant authority].) For the reasons discussed, ante, the trial court did not err in sustaining the demurrer to this cause of action.

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