What is the test for estopped to rely upon laches or the statute of limitations?
California, United States of America
The following excerpt is from Combs v. Haddock, 11 Cal.Rptr. 865, 190 Cal.App.2d 151 (Cal. App. 1961):
[190 Cal.App.2d 174] 'It is well settled that a person by his conduct may be estopped to rely upon laches or the statute of limitations, and when delay in commencing an action is induced by the conduct of the defendant it can not be availed by him as a defense.' Adams v. California Mutual Bldg. & Loan Ass'n, 18 Cal.2d 487, 116 P.2d 75, 76; 23 Cal.Jur.2d, par. 140, p. 418.
With respect to the tolling of the statute, the trial court found:
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