Can the doctrine of estoppel apply when the statute of limitations has run out?

MultiRegion, United States of America

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.

Other Questions


Does the contention in the second cause of action under the Statute of Limitations apply to a claim that a claim for money had and received and therefore comes within the statute of limitation? ("New York", United States of America)
Does the statute of limitations apply at the beginning or the middle of the limitation period? (MultiRegion, United States of America)
Does the doctrine of equitable tolling apply to prevent the running of the statute of limitations on a claim against Republic? (MultiRegion, United States of America)
Does the expiration of the statute-licensing statute- limitation period apply to a claim brought by a plaintiff who was brought before the date of the petition was filed? (MultiRegion, United States of America)
Does the statute of limitations apply to a petitioner who has not filed a post-conviction application since the expiration of the AEDPA limitation period? (MultiRegion, United States of America)
Does the statute of limitation for time limitations for petitioner-mothers apply to petitioner-fathers? ("New York", United States of America)
Does the relation-back doctrine apply to add a new defendant after the statute of limitations has run? (MultiRegion, United States of America)
Is a federal right of action for which no statute of limitations is provided subject to the limitations period which the forum state applies? (MultiRegion, United States of America)
Does the statute of limitations apply to a lawsuit filed beyond the applicable state limitations period? (MultiRegion, United States of America)
Can a borrowed state statute of limitations be tolled in a claim based on a federal statute? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.