“The doctrine of promissory estoppel is an equitable remedy: ‘A promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee or third person and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise.’ The elements of a promissory estoppel claim are: a clear and unambiguous promise; reasonable and foreseeable reliance by the party to whom the promise is made; enforcement necessary to avoid injustice; causation; and harm or injury to party asserting estoppel.”
“The statute of limitations on a claim for promissory estoppel depends on the nature of the right sued upon, rather than the form of the action or the relief demanded. The statute of limitations for promissory estoppel on an oral promise is two years. Where the gravamen of the promissory estoppel claim is fraud, the statute of limitations is three years. The cause of action accrues when either the wrongful act is done, the wrongful result occurs and when liability arises, or in other words, ‘the time when the cause of action is complete with all of its elements.'”
“The usual remedy for a promissory estoppel claim is enforcement of the promise, with damages measured by the extent of the obligation assumed and not performed.”
[California Practice Guide: Civil Procedure Before Trail Claims & Defenses [citations to primary sources omitted]]
