California, United States of America
The following excerpt is from Brumbaugh v. Mufg Union Bank, N.A., B265676 (Cal. App. 2017):
position, either by act or forbearance, in reliance on his promise, if injustice can be avoided only by its enforcement.' [Citation.] '"The vital principle is that he who by his language or conduct leads another to do what he would not otherwise have done shall not subject such person to loss or injury by disappointing the expectations upon which he acted."' [Citations.] '"In such a case, although no consideration or benefit accrues to the person making the promise, he is the author or promoter of the very condition of affairs which stands in his way; and when this plainly appears, it is most equitable that the court should say that they shall so stand."'" (Garcia v. World Savings FSB (2010) 183 Cal.App.4th 1031, 1040-1041.)
"The elements of a cause of action for promissory estoppel are (1) a promise, (2) the reasonable expectation by the promisor that the promise will induce reliance or forbearance, (3) actual reliance or forbearance, and (4) the avoidance of injustice by enforcing the promise. [Citation.] A cause of action for promissory estoppel is a claim in equity that substitutes reliance on a promise for consideration 'in the usual sense of something bargained for and given in exchange.' [Citation.] If actual consideration was given by the promisee, promissory estoppel does not apply. [Citations.] [] Although a cause of action for promissory estoppel is inconsistent with a cause of action for breach of contract based on the same facts [citation], '[w]hen a pleader is in doubt about what actually occurred or what can be established by the evidence, the modern practice allows that party to plead in the alternative and make inconsistent allegations.'" (Fleet v. Bank of America N.A. (2014) 229 Cal.App.4th 1403, 1412-1413.)
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