Essentially, equitable estoppel is a method of preventing someone from going back on his word in a court of law. During this period, the City repeatedly recognized the parking lot as an existing use, largely through the issuance of permits noting the use as parking lot. No certificate of occupancy was issued at any time, however, and at one point the zoning was amended to remove parking lots as a permitted use. For more information, please read our Privacy Policy. A bankruptcy court in the Central District of California decided that equitable estoppel under California law can apply to prevent a debtor's attempt to amend exemptions in In re Lua, 529 B.R. For instance, without more, voluntary dismissal may result in a claim for costs and fees by the defense under the California Code of Civil Procedure. Under the doctrine of estoppel, [a] defendant may be equitably estopped from asserting a statutory or contractual limitations period as a defense if the defendants act or omission caused the plaintiff to refrain from filing a timely suit and the plaintiffs reliance on the defendants conduct was reasonable. It is not necessary that the defendant acted in bad faith or intended to mislead the plaintiff. Insofar as the doctrine of estoppel by deed, those who are parties to the deed for a property are prohibited from denying any of the material facts declared in the deed. [W]hile a jury may be used for advisory verdicts as to questions of fact [in equitable actions], it is the duty of the trial court to make its own independent findings and to adopt or reject the findings of the jury as it deems proper. (, [CACI No. The fact that a plaintiff was represented by counsel and the scope and timing of the representation are relevant to the question of the reasonableness of the plaintiffs reliance. (, Superior Dispatch, Inc. v. Insurance Corp. of New York. One rule of evidence that could be important in trial court proceedings is a rule found in California Evidence Code section 623. The Maloney Firm, APC 2381 Rosecrans Avenue Suite 405 El Segundo, CA 90245 310.540.1505 The application of equitable estoppel against the assertion of a statute of limitations defense can arise either from misleading affirmative conduct or from silence, when there is a duty to speak and the party upon whom such duty rests knows of the duty and has an opportunity to speak but remains silent. [Citations.] !function(d,s,id){var js,fjs=d.getElementsByTagName(s)[0],p=/^http:/.test(d.location)? ), [W]hether an estoppel existswhether the acts, representations or conduct lulled a party into a sense of security preventing him from instituting proceedings before the running of the statute, and whether the party relied thereon to his prejudiceis a question of fact and not of law. [Citations. Wednesday, June 21, 2017 On June 13, 2017, the Central District of California held that equitable estoppel barred the patent owner from prevailing on its patent infringement claim because,. The district court dismissed one of the infringement claims, but left the other one active the 747 patent. Attorney Steven Peck has been practicing law since 1981. Waiver and equitable estoppel serve as some of the legal systems' fundamental checks on the fairness of a party's actions. California Insurance regulations . What does this mean in practice? Thus, equitable estoppel is available even where the limitations statute at issue expressly precludes tolling. Estoppel may prevent someone from bringing a particular claim. The uncertainty disappeared in 1998 with the publication of Jackson v. County of Los Angeles by the Second District Court of Appeal, which held that the doctrine of judicial estoppel should apply whenever: In February 2015 Oakland adopted the new ordinance which requires developers either to install public art at the site of new projects or pay a fee equal to 1/2 percent of the value of residential projects or 1 percent of the value of commercial projects. (SeeAshou v. Liberty Mutual Fire Ins. Thus, "the party asserting [estoppel] must be ignorant of the true facts and must reasonably rely on the other party's conduct to his detriment." (Alfaro v. Community Housing Improvement System & Planning Ass'n., Inc. (2009) 171 Cal.App.4th 1356, 1381.) At this point, Aspex sent Clariti another letter claiming that the AirMag product infringed upon one of the patents referred to three years prior. 1998 . Like the equitable estoppel case, this one may sound familiar. The doctrine of estoppel is codified in California Evidence Code section 623, which states: When a party has, by his own statement or conduct, intentionally and deliberately led another to believe a particular thing true and to act upon such belief, he is not, in any litigation arising out of such statement or conduct, permitted to contradict it.. The Court of Appeals affirmed the decisions of the lower courts. (Schafer v. City of Los Angeles, No. . Disclaimer | Privacy Policy | Site Map. Code Civ. For the doctrine of equitable estoppel to apply, all of these elements must be alleged with factual specificity: (1) a representation or concealment of material facts; (2) made with the knowledge of the true facts; (3) to a party ignorant of the truth; (4) with the intention that the ignorant party acted on the representation or concealment; and (5) the party was in fact induced to act on the representation or concealment. Kelley v. Kelley, 368 S.C. 602, 606, n.2, 629 S.E.2d 388 (Ct. App. Equitable estoppel does not apply in all situations where someone has made a promise or made a statement. The factual findings are purely advisory because, on equitable causes of action, the judge is the proper fact finder. "As the name suggests, equitable estoppel is an equitable issue for court resolution." (Hopkins, supra, 225 Cal.App.4th at p. Fax: 714-505-3070. Although double jeopardy applies only to criminal trials, this is a similar concept that once a matter has been settled by a court, it cannot be brought again. Southern California trial attorneys provide representation to individuals and businesses involved in disputes. In the Schafer case, a property owner operated its property in Los Angeles as a parking lot for over fifty years. 30California Forms of Pleading and Practice, Ch. Nor does it appear that there is a requirement that the defendant specifically intended to induce the plaintiff to defer filing suit. 4, Labor Commissioner Board Complaint Defense, /its] lawsuit was not filed on time, [he/she/, ] to delay filing the lawsuit. Further, parties to a deed are prohibited from asserting a right or title that would be issued against the laws and rules associated with that transaction. Further, the Court found that Clariti relied on Aspexs misleading conduct to expand its business, doing so after not hearing anything else from Aspex after the initial incident. In practice, the doctrine of equitable estoppel prevents a party who is involved in a legal dispute from either making a legal claim or asserting a defense which is contrary to, or inconsistent with, prior statements or conduct. The Peck Law Group stays up to date and in touch with the legal community through various memberships and affiliations. You should work with an experienced attorney who can help you to obtain necessary evidence and make the strongest possible case. Betsy transfers the title of a plot of land to her daughter by deed. All Rights Reserved. Tweets by @OCTrialLaw This clean hands doctrine is typically stated as those who seek equity must do equity.. An estoppel may arise from silence where there is a duty to speak. The notice of claim statute is 'subject to estoppel and equitable tolling.' " Jones v. Cochise County, 218 Ariz. 372, 22, 187 P.3d 97, 104 (App.2008), quoting Pritchard v. State, 163 Ariz. 427, 432, 788 P.2d 1178, 1183 (1990). Estoppel is a term that is notoriously difficult to define in legal terminology. Failure to Mitigate Damages in California, Lawsuit Against Officers or Directors of a Corporation. To find out about equitable estoppel or about any other rules of evidence that could have an impact on the outcome of your legal proceedings, contact Brown & Charbonneau, LLP today. Those facts included the fact that the city waited seven (7) months before it acted to revoke building permits issued for the construction of a gas station and . Contact us today for a free, no obligation review of your case. This is done with . San Francisco, CA 94104 What is equitable promissory estoppel? The rationale behind estoppel is to prevent injustice owing to inconsistency or Fraud . ), While the judge determines equitable causes of action, the judge may (in rare instances) empanel an advisory jury to make preliminary factual findings. The BIA/PLF lawsuit appears also to be a strategic first move. Over the years, however, California courts have become more and more restrictive in their application of equitable estoppel against the government, to the point now where it is rarely, if ever, applied. Instead, the courts had merely recited certain observations about the doctrine, such as that one to whom two inconsistent courses of action are open and who elects to pursue one of them is afterward precluded from pursuing the other, that the seemingly conflicting positions must be clearly inconsistent so that the one necessarily excludes the other, and that the doctrine cannot be invoked where the position first assumed was taken as a result of ignorance or mistake.indicates California Business Attorney Steven C. Peck. One of them is fraudulent intent, "that is, there must be circumstances and . The situations where a short-sighted dismissal can harm a client are many. There are legal requirements that must be met in order for you to claim equitable estoppel to prevent someone from contradicting past statements or rescinding past promises. For example, equitable estoppel would be granted to a defendant if the plaintiff previously gave his permission for the defendant to do something, and then sued the defendant once he did. Co. (1999) 71 Cal.App.4th 1260, 1268. All Rights Reserved. Ins. An experienced attorney at Brown & Charbonneau, LLP can help you to explore all of the legal rules and doctrines that could protect your interest whenever a dispute or a disagreement occurs. WAC 182-526-0495 Equitable estoppel. Co.(2001) 26 Cal.4th 1142, 11521153 [113 Cal.Rptr.2d 70, 33 P.3d 487]. Applying the same principles of equitable estoppel, . Essentially, equitable estoppel is a method of preventing someone from going back on his word in a court of law. This section of the evidence code enshrines in California law a legal doctrine that is called equitable estoppel. ), A nondisclosure is a cause of injury if the plaintiff would have acted so as to avoid injury had the plaintiff known the concealed fact. 1032. The Court concluded that particularly in the land use context, the publics interest in maintaining the character of an area through established zoning plans and processes is dispositive. (2014) 232 Cal.App.4th 323, 335 [181 Cal.Rptr.3d 286]. For instance, if an employer tells an employee that mandatory overtime will not be enforced, despite being part of the employees contract, the employer cannot then attempt to enforce it later. IN THE SUPREME COURT OF CALIFORNIA. Instead, collateral estoppel stops someone from bringing a frivolous lawsuit by trying to get in through the back door what he couldnt get in through the front. In other words, it prevents people from filing the same lawsuit in the hopes of obtaining a different result. You should work with an experienced attorney who can help you to obtain necessary evidence and make the strongest possible case. The doctrine of estoppel is codified in California Evidence Code section 623, which states: "When a party has, by his own statement or conduct, intentionally and deliberately led another to believe a particular thing true and to act upon such belief, he is not, in any litigation arising out of such statement or conduct, permitted to contradict it." The property owner applies for a building permit declaring that the existing and proposed use at the property is office, and the Citys Department of Building Inspection approves the permit. LAO 0763476 WAGNER,) . Equitable estoppel is alternatively known as estoppel in pais and is meant to protect a party to a contract from being harmed by the voluntary conduct of another party. In short, under the equitable estoppel doctrine, a city may be barred, or estopped, from failing to recognize the validity of the permit where the property owner has relied on the issuance of the permit to the property owners detriment. Oakland, CA 94607 Equitable estoppel is just one of many legal doctrines that exists to try to ensure that individuals and businesses deal with each other in fair ways. For example, if Party A tells Party B that it will not enforce a certain contract term against B, and B then reasonably relies on that representation by acting in a way that it would not have otherwise, A may be estopped from later enforcing the term against B . The factual findings are purely advisory because, on equitable causes of action, the judge is the proper fact finder. You should consult your own attorney to protect your legal rights. at 551. [4] There are four essential elements of equitable estoppel. The basic principles of equitable estoppel are well established and easily stated. A best practice for landlords in order to avoid a tenant from winning the case because of waiver or estoppel would be to keep good written records and if a landlord notices that the tenant is not doing what they are supposed to be doing with respect to the rental property, take action immediately. Essentially, equitable estoppel is a method of preventing someone from going back on his word in a court of law. Mistake, fraud, illegality, failure of consideration, forum non conveniens, laches, estoppel, and unclean hands are a few examples of equitable defenses. 3. On March 20, 2002, the California Court of Appeal, Third Appellate District in Vang v. Saenz and Veneman, (Superior Court No. Copyright - California Business Lawyer & Corporate Lawyer, Inc. ), Estoppel as a bar to a public entitys assertion of the defense of noncompliance arises when the plaintiff establishes by a preponderance of the evidence: (1) the public entity was apprised of the facts, (2) it intended its conduct to be acted upon, (3) plaintiff was ignorant of the true state of facts, and (4) relied upon the conduct to his detriment. (J.P. supra, 232 Cal.App.4th at p. (1) the same party has taken two positions; (2) the positions were taken in judicial or quasi-judicial administrative proceedings; (3) the party was successful in asserting the first position (i.e., the tribunal adopted the position or accepted it as true); (4) the two positions are totally inconsistent; and (5) the first position was not taken as a result of ignorance, fraud, or mistake. [1] The modern doctrine of equitable estoppel is a descendent of the ancient equity doctrine that "if a representation be made to another who [49 Cal. Some of these disputes are resolved outside of court through the negotiation of a settlement. 766, 769 P.2d 948], internal citations omitted. 02109 [Citation. ), Most cases do not frame the issue as one of equitable estoppel and its four elements. 14California Points and Authorities, Ch. 46], internal citations omitted. Factually, the case is highly unusual, and the complaining party clearly had the more sympathetic position. The plaintiff originally brought his action in the superior court of the state of California. Equitable estoppel, however, comes into play only after the limitations period has run and addresses the circumstances in which 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. 978.376.6355, California Environmental Quality Act Compliance, (Schafer v. City of Los Angeles, No. Clariti refused to stop selling the AirMag brand, and so Aspex filed a civil lawsuit. Therefore, the Court ruled that the district court was correct in ruling that Clariti would suffer damages if Aspex were permitted to go forward with its charge of infringement. Tolling, strictly speaking, is concerned with the point at which the limitations period begins to run and with the circumstances in which the running of the limitations period may be suspended. Betsy acquires the title to the property after the transfer. 773].) It is a way of stopping someone from taking legal action that conflicts with his previous claims or behavior, or for testifying to something early on, then changing that testimony later. There are six elements of an equitable estoppel defense: Based on a recent Court of Appeal decision, an Administrative Law Judge may not apply equitable estoppel in a food stamp case. Proc. Because the rules applicable to governing relationships between people and companies can be so complex, it is best to ensure you are represented by Irvine trial attorneys as soon as a problem arises. At Brown & Charbonneau, LLP, we represent clients from throughout California, including: Orange County, Los Angeles, Irvine, Newport Beach, Santa Ana, Beverly Hills, Anaheim, El Toro, Laguna, Mission Viejo, Huntington Beach, Garden Grove, Temecula, Riverside, San Clemente, Corona, Costa Mesa, Los Angeles County, San Diego County, San Bernardino, and Inland Empire. Irvine, CA 92602 What is equitable estoppel in California? However, estoppel can also be considered controversial. One of the most complex is the decision of plaintiff's counsel to dismiss a case. ), At the very least, [plaintiff] cannot establish the second element necessary for equitable estoppel. Both the Company and I agree that any claim, dispute, and/or controversy . Co. (1979) 24 C3d 773, 782; Bate v. Marsteller (1959) 175 Cal.App.2d 573, 580-581. Equitable estoppel, including any disputed issue of fact, is to be decided by the court, even if there are disputed issues of fact. In business law, equitable estoppel is a legal principle that may be used to prevent another party from taking advantage of a person or business who has already acted in reliance on that party's promises or representations. Where the plaintiffs reasonably rely on defendants promise to repair the property damage without a lawsuit, is a jury permitted to find that plaintiffs decision to delay filing a personal injury lawsuit was also reasonable? He brings Jessicas attention to the dent and offers to fix it, but she says that its only cosmetic and not to worry about it. Give us a call at 866-237-8129 or contact us online to find out more about how our legal team can help you. In the past, there were distinct types of estoppel that served as either a cause of action (a sword) or a defence against an action (a shield). If you wish to establish an equitable estoppel, you are going to need to be the one to prove that all of these things are true. 745.) Disclaimer | Privacy, 420 Exchange, Suite 270 362, 369 [218 P. All Rights Reserved. This occurs when party A has influenced party B to act in a way that resulted in party B being injured, or incurring damages of some sort. Dist., May 20, 2015). Give us a call at 866-237-8129 or contact us online to find out more about how our legal team can help you. As the California Supreme Court noted in Addison v. State of California (1978) 21 Cal.3 rd 313, 318-319 and reiterated in Mills v. The doctrine of equitable estoppel prevents one person from taking advantage of another. Four elements must ordinarily be proved to establish an equitable estoppel: (1) the party to be estopped must know the facts, (2) he must intend that his conduct shall be acted upon, or must so act that the party asserting the estoppel had the right to believe that it was so intended, (3) the party asserting the estoppel must be ignorant of the true state of the facts, and (4) he must rely upon the conduct to his injury. 5-B. Where the plaintiffs reasonably rely on defendants promise to repair the property damage without a lawsuit, is a jury permitted to find that plaintiffs decision to delay filing a personal injury lawsuit was also reasonable? All Rights Reserved. Others are resolved in litigation and a judge or jury makes a decision based on the evidence presented and the law applied to that evidence. When an accused infringer receives a demand letter, it should immediately write a memorandum to its files describing receipt of the letter. Estoppel is a judicial device in common law legal systems whereby a court may prevent or "estop" a person from making assertions or from going back on his or her word; the person being sanctioned is "estopped". Copyright Peck Law Group 2023 | Disclaimer | Privacy, Elderly Falls with Injuries in California, Corona Virus Updates for Elderly in California, Covid-19 Virus in California Nursing Homes, Decubitus Ulcers, Pressure Sores and Bed Sores, Residential Care Facilities for the Elderly, Patient Dumping from Long Term Care Facility, Infections in Nursing Homes: A Breeding Ground of Problems, Subdural Hematoma due to Nursing Home Fall. Brown & Charbonneau, LLP. 415.567.9000, 112 Water Street, Suite 201 The Court explained that the misleading conduct came in when Aspex was expected to follow up with statements or action, but failed to do so in a situation where they had an obligation to act or speak. There are several common equitable remedies. "While the judge determines equitable causes of action, the judge may (in rare instances) empanel an advisory jury to make preliminary factual findings. It could also be a challenge to demonstrate both that you did not know the true facts and that the party who you are seeking to estop did know the true facts. 745. You also must not have known the actual true facts and must have relied, to you detriment, upon the statements or assertions made by the person who you are trying to estop. There is also the concept of legal estoppel, which can be divided into two categories: estoppel by deed, and estoppel by record. A recent decision by the California Second District Court of Appeal has made the application of equitable estoppel against the government even more difficult. Phone: 714 505-3000 For example, as fiduciaries of their clients, real estate agents are required to act with the highest good faith, and have a duty to disclose all facts within their knowledge that are material to the matter in which they are employed. RUSHING, P. J. The Peck Law Group stays up to date and in touch with the legal community through various memberships and affiliations. Estoppel most commonly results from misleading statements about the need for or advisability of a claim; actual fraud or the intent to mislead is not essential. ), Equitable estoppel does not require factually misleading statements in all cases. (J. P. v. Carlsbad Unified Sch. California, Texas and Maine are examples of the states that recognize some version of the aforementioned exceptions to the inheritance rights of pretermitted children. Given the implications of equitable adoption and adoption by estoppel on the inheritance rights of children when a parent dies, it is important to understand the particulars of a . Where the delay in commencing action is induced by the conduct of the defendant it cannot be availed of by him as a defense. (. Equitable estoppel is a legal principle that stops someone from taking a legal action that conflicts with his previous claims or behaviors. If one of the parties, by his conduct or by his words, made promises or assurances which the other party involved in the dispute relied upon in a way that impacted the legal relationship between the parties, the party who made the assurances cant just act as if the promises or assurances were never made. This decision was ignored by the courts for a while until it was revisited by Lord Denning in the landmark High Tree Case in this case, the plaintiff leased a block of flats to the defendants in 1937 . The Zoning Administrator found that the parking lot was not allowed and was not a legal nonconforming use because no certificate of occupancy was issued. This raises concerns among developers that the City may go too far in its imposition of impact fees. 273.18 (e) (2) .] Sign up for our monthly newsletter for legal updates, information about our services, tools and tips for your case, and more. Anyone who wishes to assert an estoppel case must come to the court with clean hands. This means that the person bringing the suit must not do so unethically or as an act of bad faith. Equitable Estoppel in High Tree's Case. Equitable adoption occurs without a formal legal procedure, in other words, a parent can say or do certain . Because both are equitable doctrines, the trial court acts as the fact-finder and determines if they . Bad faith or an intent to mislead is not required. Legal doctrines of estoppel are based in both common law and equity. For example, as fiduciaries of their clients, real estate agents are required to act with the highest good faith, and have a duty to disclose all facts within their knowledge that are material to the matter in which they are employed. 143. For instance, collateral estoppel stops a party from bringing the same lawsuit against the same person, but in a different court, simply because he did not like the decision he was given in the first court. Equitable estoppel does not apply in all situations where someone has made a promise or made a statement. Co. (1999) 71 Cal.App.4th 1260, 1268. A City experiences strong real estate development growth. v. Arcadia Unified School Dist. Court of Appeals reverses equitable estoppel defense to past due child support Posted Monday, January 6th, 2020 by Gregory Forman Filed under Child Support, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific. Equitable Estoppel equitable . Submitting this form does not create an attorney-client relationship. At the outset, the Federal Circuit notes that equitable estoppel is an issue that is "committed to the sound discretion of the trial judge," and so is "reviewed by this court under the abuse of discretion standard." As summarized by the court, " [t]hree elements are required for equitable estoppel to bar a patentee's suit: 2008) Actions, 566581. ), It is well settled that the doctrine of estoppelin paisis applicable in a proper case to prevent a fraudulent or inequitable resort to the statute of limitations. (Estate of Pieper(1964) 224 Cal.App.2d 670, 690691 [37 Cal.Rptr. Employment Disputes & Wrongful Termination, Common types of Business Litigation in California. (Yes, sounds like a lawyer wrote this.) In March of 2007, Aspex Eyewear Inc. sued Clariti Eyewear Inc. alleging that Clariti violated Aspexs patents by selling AirMag, a particular brand of eyeglass frames. Jessica takes her car to the mechanic to have some work done. New October 2008; Revised December 2014, June 2015, May 2020, Nakase Wade | California Business Lawyers & Corporate Lawyers. Co. (1979) 24 C3d 773, 782; Bate v. Marsteller (1959) 175 Cal.App.2d 573, 580-581. Clariti argued that the district court erred in not fully developing the case and finding all of the facts necessary to declare the case exceptional. If you rely on assertions or promises made by someone who you should be able to trust, it would be an unfair outcome if the person or company upon which you relied could act as if those assertions or promises were never made. The purpose of the doctrine has been stated in multiple, but substantially similar, forms: to protect the integrity of the judicial process, Jackson v. County of Los Angeles; to protect against a litigant playing fast and loose with the courts; and to implement general considerations of the orderly administration of justice and regard for the dignity of judicial proceedings, Prilliman v. United Air Lines, Inc. While the doctrine of judicial estoppel has long been recognized in California, as of 1998 the California courts had not established a clear set of principles for applying it (i.e., a standard with well-defined elements). Equitable estoppel is intended to prevent unfair outcomes. Clariti responded to the letters, noting that they had never intended to infringe upon Aspexs patents. Because the term is so vague, it has been attached to numerous areas of law. Id. Equitable estoppel is intended to prevent unfair outcomes. 3d 399] deals upon the faith of it, the former must make the representation good if he knew or was bound to know it to be false." (Bigelow on Estoppel (6th ed. 456is] appropriate for use when a trial court empanel[s] an advisory jury to make preliminary factual findings, with respect to equitable estoppel . (, Equitable tolling and equitable estoppel are distinct doctrines. ), 3 Witkin, California Procedure (5th ed. Equitable estoppel is typically used to protect a victim, and not as a means of legal attack. Defendants wrongful conduct has given rise to separate causes of action for property damage and personal injury with separate statutes of limitation. Or made a promise or made a promise or made a statement from going back on his in... Means that the defendant acted in bad faith or intended to induce the plaintiff defer... ], internal citations omitted Peck law Group stays up to date and in touch with the legal through... The 747 patent 629 S.E.2d 388 ( Ct. App letters, noting that they had never intended to upon. To defer filing suit services, tools and tips for your case and so Aspex filed a civil.. 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App equitable causes of action for property damage personal. 948 ], internal citations omitted action that conflicts with his previous claims or.! Principle that stops someone from going back on his word in a court law! Monthly newsletter for legal updates, information about our services, tools and for. Party clearly had the more sympathetic position ( 1979 ) 24 C3d,... ] can not establish the second element necessary for equitable estoppel are distinct doctrines for... Filing suit New October 2008 ; Revised December 2014, June 2015, 2020! Is not necessary that the defendant acted in bad faith or intended to infringe upon Aspexs patents estoppel... Conduct has given rise to separate causes of action, the judge is the decision of plaintiff & # ;. Quot ; that is, there must be circumstances and Act Compliance, ( Schafer v. City of Angeles... Form does not create an attorney-client relationship own attorney to protect a victim, and not a! 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Ca 92602 What is equitable estoppel is a method of preventing someone from going back on his word in court! Cal.4Th 1142, 11521153 [ 113 Cal.Rptr.2d 70, 33 P.3d 487 ] a strategic first.... Equitable causes of action, the judge is the decision of plaintiff & # x27 ; s.! Upon Aspexs patents fraudulent intent, & quot ; that is called equitable estoppel is to prevent injustice to...