Shin vs. Universal Trade Systems, Kwon
30-2016-00847161
The court denies Defendant Alyse Kwon?s Motion for Judgment on the pleadings as to the Complaint.
Plaintiff sued moving Defendant for fraud and negligent misrepresentation. Defendant argues that the statute of limitations has run because the claims at issue allege that the misrepresentation was made in 2008/2009.? The court finds that moving Defendant is estopped from arguing the statute of limitations at the demurrer stage based on the accepted allegations in the Complaint.
The four essential elements of estoppel are that (1) the party to be estopped must be apprised of the facts and (2) must intend that the conduct at issue be acted on or must so act that the party asserting the estoppel has a right to believe it was so intended; (3) the party asserting the estoppel must be ignorant of the true state of the facts and (4) must rely on the conduct at issue with resulting injury. (Jordan v. City of Sacramento (2007) 148 Cal.App.4th 1487, 1496 (?Estoppel generally involves misrepresented or concealed facts.?).
Here, the Complaint alleges that Defendants (including Alyse Kwon) represented that Plaintiff would get paid. ?The Complaint alleges that even as recently as September 2015, Defendants paid Plaintiff $50,000. (Complaint, ?? 31-34.)? Plaintiff allegedly believed these representations and relied on these representations in not filing this lawsuit earlier.
Moving Defendant is ordered to answer the Complaint within 10 days.
Plaintiff is ordered to give notice of this ruling.