Section 1803

Citation: Section 1803
Parent Document: 1041 20TH St., LLC v. Santa Monica Rent Control Bd., 250 Cal. Rptr. 3d 376 (2019)
Jurisdiction: California (state)
Effective Date: 2019-07-30
Original Source: https://www.courtlistener.com/opinion/6240655/1041-20th-st-llc-v-santa-monica... ↗

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"The doctrine of equitable estoppel may be applied against the government where justice and right require it." ( Driscoll v. City of Los Angeles (1967) 67 Cal.2d 297, 306, 61 Cal.Rptr. 661, 431 P.2d 245.) "Where, as here, a party seeks to invoke the doctrine of equitable estoppel against a governmental entity, an additional element applies. That is, the government may not be bound by an equitable estoppel in the same manner as a private party unless, 'in the considered view of a court of equity, the injustice which would result from a failure to uphold an estoppel is of sufficient dimension to justify any effect upon public interest or policy which would result from the raising of an estoppel.' ( Long Beach v. Mansell (1970) 3 Cal.3d 462, 496-497, 91 Cal.Rptr. 23, 476 P.2d 423 ....)" ( City of Oakland v. Oakland Police & Fire Retirement System (2014) 224 Cal.App.4th 210, 240, 169 Cal.Rptr.3d 51 ; see Lusardi Construction Co. v. Aubry (1992) 1 Cal.4th 976, 994-995, 4 Cal.Rptr.2d 837, 824 P.2d 643 ["estoppel will not be applied against the government if to do so would nullify a strong rule of policy adopted for the benefit of the public"].)

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