What is the test for establishing equitable estoppel, or fraudulent concealment, when a plaintiff alleges fraudulently concealing the facts of a claim?
MultiRegion, United States of America
The following excerpt is from Glass v. Cal. Dep't of Corr., Case No. 1:17-cv-01013-LJO-JDP (E.D. Cal. 2018):
Lukovsky, 535 F.3d at 1051-52 (quoting Honig v. S.F. Planning Dep't, 127 Cal. App. 4th 520, 529 (2005)). To establish equitable estoppel, or "fraudulent concealment" by defendants, the plaintiff must show "some active conduct by the defendant above and beyond the wrongdoing upon which the plaintiff's claim is filed." Id. (internal quotation marks omitted).
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