What is the test for establishing equitable estoppel?

Finally, equitable estoppel is inapplicable. Equitable estoppel applies where "the plaintiff was induced to refrain from bringing a timely action by the fraud, misrepresentation or deceptions of defendant. [Citations.]" (Kleinecke v. Montecito Water Dist. (1983) 147 Cal.App.3d 240, 245.) A plaintiff may establish equitable estoppel if the defendant was aware of the facts and intended that his conduct be acted upon. Additionally, the plaintiff must be ignorant of the true facts and rely upon the defendant's conduct to his injury. (Id. at pp. 245-246.) Appellants have not set forth the elements of equitable estoppel. They have alleged no wrongful conduct on the part of respondent. Further, the allegations, attachments and admissions in related pleadings show that appellants were fully aware of respondent's actions, and in fact, instructed them to carry out those actions.

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