Is estoppel in pais applicable to prevent a fraudulent or inequitable resort to the statute of limitations?

California, United States of America


The following excerpt is from Rupley v. Huntsman, 159 Cal.App.2d 307, 324 P.2d 19 (Cal. App. 1958):

'The equitable doctrine of estoppel in pais is applicable in a proper case to prevent a fraudulent or inequitable resort to the statute of limitations. [Citations.] A person by his conduct may be estopped to rely on the statute. Where the delay in commencing an action is induced by the conduct of the defendant, it cannot be availed of by him as a defense. [Citations.] When the act or promise of one causes another to do or forbear to do something which he otherwise would have done, the other is estopped from taking advantage of the act or omission caused by his own act or promise. [Citations.] One cannot justly or equitably lull his adversary into a false sense of security, and thereby cause him to subject his claim to the bar of the statute of limitations, and then be permitted to plead the very delay caused by his conduct as a defense to the action when brought. Carruth v. Fritch, 36 Cal.2d 426, 433, 224 P.2d 702, 24 A.L.R.2d 1413.'

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