GENERAL LEGAL PRINCIPLES; ESTOPPEL – In General

Single Topic for Decision 2332E

View all topics for Decision 2332E

Full Decision Text (click on the link to view): Full Text

Generally, estoppel will be applied when four elements are present: (1) the party to be estopped must be apprised of the facts; (2) he must intend that his conduct shall be acted upon, or must so act that the party asserting the estopped had a right to believe it was so intended; (3) the other party must be ignorant of the true facts; and (4) he must rely on the conduct to his injury. However, estoppel will not be applied against the benefit of the public. A school district is equitably estopped from relying on Education Code section 35163 when it conceals from the union and PERB the alleged fact that ratification of a settlement agreement of a PERB unfair practice charge is required in order to bind the district.