Is a breach of contract cause of action barred by the statute of frauds because it alleges promissory estoppel?

California, United States of America


The following excerpt is from Kowalski v. Midcountry Fin. Corp., F063192 (Cal. App. 2012):

Plaintiff asserts that his breach of contract cause of action states a cause of action that is not barred by the statute of frauds because he alleged promissory estoppel. He does not cite a single authority in support of his argument.1 He does not set out the essential elements of a claim of promissory estoppel or show how they were met in his first amended complaint. He does not address the arguments defendants made in their demurrer to the first amended complaint to show that the trial court sustained the demurrer in error. "When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived." (Benach v. County of Los Angeles (2007) 149 Cal.App.4th 836, 852.)

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