Iusi v. City Title Ins. Co

In Iusi v. City Title Ins. Co. (1963) 213 Cal. App. 2d 582, the court rejected appellant's assertion that defendant was estopped to assert the applicable statute of limitations. The court observed, "estoppel to plead the statute of limitations arises as a result of some conduct by the defendant, relied on by the plaintiff, which induces the belated filing of the action. There are roughly three classes of cases in which estoppel has been applied: (1) Where the plaintiff is aware of his cause of action and the identity of the wrongdoer, but the latter by affirmative acts induces the plaintiff to refrain from suit; (2) Where the plaintiff is unaware of his cause of action, and his ignorance is due to false representations by the defendant; (3) Where the plaintiff is unaware of the identity of the wrongdoer and this is due to fraudulent concealment by the defendant. (1 Witkin, California Procedure, Actions, 170 et seq., p. 681.)" (Id. at p. 589.)