PROMISSORY ESTOPPEL
SEE: Witkin, Summary of Cal. Law, 9th Ed., Bernard F. Witkin, Contracts, Vol. 1, §248, p. 249 et. seq.
 "Estoppel" usually is based upon a representation of fact which the party is not permitted to deny. The doctrine of promissory estoppel is distinct, and applies even though
there is no misrepresentation.
 "Promissory estoppel" may be stated thus: One who makes a promise upon which another justifiably relies may be bound to perform it, despite lack of consideration; i.e., the estoppel is a substitute for consideration.
 Rest.2d Contracts §90(1) states: "A promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee or a third person and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise."
 Damages are measured by the extent of the obligation assumed and not performed. Relief may be given by restitution, damages, or specific relief measured by the extent of the promisee's reliance rather than by the terms of the promise.

SEE: Youngman V Nevada Irr. Dist. (1969) 70 Cal.2d 240, 74 CR 398

 EXAMPLES:
 Subcontractor's Bid, which is a revocable offer, relied upon by general contractor who becomes bound to the owner for the price bid in reliance on the sub's bid.

 Charitable Subscription. A promise to give money to a charity is a classic example of promissory estoppel which will be enforced by a court when the charity makes expenditures or incurs obligations in reliance upon the promise. The promisor is estopped from denying the promise or raising technical legal defenses, such as no consideration or statute of frauds.

 Personal Guaranty. Often wrongly called "cosigning" on the debt of another, a personal guaranty is often given to induce giving the loan, and it is relied upon by the lender to give the loan. Even if the guarantor got nothing at all, the guaranty is still enforceable.

 Stipulation. In court, stipulations with respect to matters of form and procedure are favored and enforced by the courts without consideration to support. Stipulations should be in writing and signed by parties and counsel, or given in open court and on the record. Persons who stipulate to facts are estopped to deny or contradict them later.
Also:
 Tenant's "Estoppel Certificate." Lender will require each tenant to sign a document certifying the facts of the tenancy such as the monthly rent and the amount of the security deposit.

EQUITABLE ESTOPPEL AND ORAL AGREEMENT TO "LEAVE EVERYTHING"
Estate of John Housley (1997) 56 Cal.App.4th 342, 97 DAR 8890 , 97 DAR 9400  Summary judgment reversed. HELD: Triable issue of fact exists as to when oral agreement to "leave everything" to an individual was made. Analysis of "statute of frauds"  and "equitable estoppel" as affected by enactment of Probate Code § 150 effective 1985.  The opinion cites authorities which say oral agreements to leave property by will are enforceable under the doctrine of "equitable estoppel," the statute of frauds notwithstanding.   The statute's intent is to prevent fraud, and a court in equity will not use it to allow and cause a fraud by the promisor when the promisee has relied on the promise.  Equitable estoppel is used to prevent the unfair assertion of the statute of frauds.
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PROBATE CODE
CHAPTER 2
CONTRACTS CONCERNING WILL OR SUCCESSION
Section
 150. Establishment of Contract.
§ 150. Establishment of Contract.
Statute text
(a)  A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if made after December 31, 1984, can be established only by one of the following:
(1) Provisions of a will stating material provisions of the contract.
(2) An express reference in a will to a contract and extrinsic evidence proving the terms of the contract.
(3) A writing signed by the decedent evidencing the contract.
(b)  The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills.
(c)  A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if made on or before December 31, 1984, can be established only under the law applicable to the contract on December 31, 1984.
History
(1990 ch. 79 oper. July 1, 1991)
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  CHAPTER 5
SPOUSE OR CHILD OMITTED FROM WILL
Section
 6560-6580.
§§ 6560 -6580.  Enacted 1990 and repealed 1997 ch. 724.

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PART 2
INTESTATE SUCCESSION
Chapter
 1. Intestate Succession Generally.
 2. Parent and Child Relationship.
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CHAPTER 1
INTESTATE SUCCESSION GENERALLY
Section
 6400. Definition.
 6401. Survivor's Intestate Share of Estate.
 6402. Passage of Estate Absent Surviving Spouse, Absent Issue.
 6402.5. Predeceased Spouse - No More Than 15 Years - Passage Absent Surviving Spouse, Issue.
 6403. Survival of Prospective Heir by 120 Hours - Applicability.
 6404. Limits of Part Applicability.
 6406. Inheritance of Half-Blood Relatives.
 6407. Relatives Conceived Before, Born After Decedent's Death.
 6408, 6408.5. Repealed.
 6409. Lifetime Property Gift to Heir as Advancement Against Heir's Share - Conditions.
 6410. Debt Owed to Decedent - Charged Only Against Debtor's Share.
 6411. No Heir Disqualification Due to Alien Status.
 6412. Dower and Curtesy.
 6413. Relative Through Two Lines of Relationship.
 6414. Applicability of Part - References to Former Division 2.
§ 6400. Definition.
Statute text
Any part of the estate of a decedent not effectively disposed of by will passes to the decedent's heirs as prescribed in this part.
History
(1990 ch. 79 oper. July 1, 1991)
§ 6401. Survivor's Intestate Share of Estate.
Statute text
(a)  As to community property, the intestate share of the surviving spouse is the one-half of the community property that belongs to the decedent under Section 100.
(b)  As to quasi-community property, the intestate share of the surviving spouse is the one-half of the quasi-community property that belongs to the decedent under Section 101.
(c)  As to separate property, the intestate share of the surviving spouse is as follows:
(1) The entire intestate estate if the decedent did not leave any surviving issue, parent, brother, sister, or issue of a deceased brother or sister.
(2) One-half of the intestate estate in the following cases:
(A) Where the decedent leaves only one child or the issue of one deceased child.
(B) Where the decedent leaves no issue but leaves a parent or parents or their issue or the issue of either of them.
(3) One-third of the intestate estate in the following cases:
(A) Where the decedent leaves more than one child.
(B) Where the decedent leaves one child and the issue of one or more deceased children.
(C) Where the decedent leaves issue of two or more deceased children.
History
(1990 ch. 79 oper. July 1, 1991)
§ 6402. Passage of Estate Absent Surviving Spouse, Absent Issue.
Statute text
Except as provided in Section 6402.5, the part of the intestate estate not passing to the surviving spouse under Section 6401, or the entire intestate estate if there is no surviving spouse, passes as follows:
(a) To the issue of the decedent, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take in the manner provided in Section 240.
(b) If there is no surviving issue, to the decedent's parent or parents equally.
(c) If there is no surviving issue or parent, to the issue of the parents or either of them, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take in the manner provided in Section 240.
(d) If there is no surviving issue, parent or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, to the grandparent or grandparents equally, or to the issue of such grandparents if there is no surviving grandparent, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take in the manner provided in Section 240.
(e) If there is no surviving issue, parent or issue of a parent, grandparent or issue of a grandparent, but the decedent is survived by the issue of a predeceased spouse, to such issue, the issue taking equally if they are all of the same degree of kinship to the predeceased spouse, but if of unequal degree those of more remote degree take in the manner provided in Section 240.
(f) If there is no surviving issue, parent or issue of a parent, grandparent or issue of a grandparent, or issue of a predeceased spouse, but the decedent is survived by next of kin, to the next of kin in equal degree, but where there are two or more collateral kindred in equal degree who claim through different ancestors, those who claim through the nearest ancestor are preferred to those claiming through an ancestor more remote.
(g) If there is no surviving next of kin of the decedent and no surviving issue of a predeceased spouse of the decedent, but the decedent is survived by the parents of a predeceased spouse or the issue of such parents, to the parent or parents equally, or to the issue of such parents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the predeceased spouse, but if of unequal degree those of more remote degree take in the manner provided in Section 240.
History
(1990 ch. 79 oper. July 1, 1991)
§ 6402.5. Predeceased Spouse - No More Than 15 Years - Passage Absent Surviving Spouse, Issue.
Statute text
(a)  For purposes of distributing real property under this section if the decedent had a predeceased spouse who died not more than 15 years before the decedent and there is no surviving spouse or issue of the decedent, the portion of the decedent's estate attributable to the decedent's predeceased spouse passes as follows:
(1) If the decedent is survived by issue of the predeceased spouse, to the surviving issue of the predeceased spouse; if they are all of the same degree of kinship to the predeceased spouse they take equally, but if of unequal degree those of more remote degree take in the manner provided in Section 240.
(2) If there is no surviving issue of the predeceased spouse but the decedent is survived by a parent or parents of the predeceased spouse, to the predeceased spouse's surviving parent or parents equally.
(3) If there is no surviving issue or parent of the predeceased spouse but the decedent is survived by issue of a parent of the predeceased spouse, to the surviving issue of the parents of the predeceased spouse or either of them, the issue taking equally if they are all of the same degree of kinship to the predeceased spouse, but if of unequal degree those of more remote degree take in the manner provided in Section 240.
(4) If the decedent is not survived by issue, parent, or issue of a parent of the predeceased spouse, to the next of kin of the decedent in the manner provided in Section 6402.
(5) If the portion of the decedent's estate attributable to the decedent's predeceased spouse would otherwise escheat to the state because there is no kin of the decedent to take under Section 6402, the portion of the decedent's estate attributable to the predeceased spouse passes to the next of kin of the predeceased spouse who shall take in the same manner as the next of kin of the decedent take under Section 6402.
(b)  For purposes of distributing personal property under this section if the decedent had a predeceased spouse who died not more than five years before the decedent, and there is no surviving spouse or issue of the decedent, the portion of the decedent's estate attributable to the decedent's predeceased spouse passes as follows:
(1) If the decedent is survived by issue of the predeceased spouse, to the surviving issue of the predeceased spouse; if they are all of the same degree of kinship to the predeceased spouse they take equally, but if of unequal degree those of more remote degree take in the manner provided in Section 240.
(2) If there is no surviving issue of the predeceased spouse but the decedent is survived by a parent or parents of the predeceased spouse, to the predeceased spouse's surviving parent or parents equally.
(3) If there is no surviving issue or parent of the predeceased spouse but the decedent is survived by issue of a parent of the predeceased spouse, to the surviving issue of the parents of the predeceased spouse or either of them, the issue taking equally if they are all of the same degree of kinship to the predeceased spouse, but if of unequal degree those of more remote degree take in the manner provided in Section 240.
(4) If the decedent is not survived by issue, parent, or issue of a parent of the predeceased spouse, to the next of kin of the decedent in the manner provided in Section 6402.
(5) If the portion of the decedent's estate attributable to the decedent's predeceased spouse would otherwise escheat to the state because there is no kin of the decedent to take under Section 6402, the portion of the decedent's estate attributable to the predeceased spouse passes to the next of kin of the predeceased spouse who shall take in the same manner as the next of kin of the decedent take under Section 6402.
(c)  For purposes of disposing of personal property under subdivision (b), the claimant heir bears the burden of proof to show the exact personal property to be disposed of to the heir.
(d)  For purposes of providing notice under any provision of this code with respect to an estate that may include personal property subject to distribution under subdivision (b), if the aggregate fair market value of tangible and intangible personal property with a written record of title or ownership in the estate is believed in good faith by the petitioning party to be less than ten thousand dollars ($10,000), the petitioning party need not give notice to the issue or next of kin of the predeceased spouse. If the personal property is subsequently determined to have an aggregate fair market value in excess of ten thousand dollars ($10,000), notice shall be given to the issue or next of kin of the predeceased spouse as provided by law.
(e)  For the purposes of disposing of property pursuant to subdivision (b), "personal property" means that personal property in which there is a written record of title or ownership and the value of which in the aggregate is ten thousand dollars ($10,000) or more.
(f)  For the purposes of this section, the "portion of the decedent's estate attributable to the decedent's predeceased spouse" means all of the following property in the decedent's estate:
(1) One-half of the community property in existence at the time of the death of the predeceased spouse.
(2) One-half of any community property, in existence at the time of death of the predeceased spouse, which was given to the decedent by the predeceased spouse by way of gift, descent, or devise.
(3) That portion of any community property in which the predeceased spouse had any incident of ownership and which vested in the decedent upon the death of the predeceased spouse by right of survivorship.
(4) Any separate property of the predeceased spouse which came to the decedent by gift, descent, or devise of the predeceased spouse or which vested in the decedent upon the death of the predeceased spouse by right of survivorship.
(g)  For the purposes of this section, quasi-community property shall be treated the same as community property.
(h)  For the purposes of this section:
(1) Relatives of the predeceased spouse conceived before the decedent's death but born thereafter inherit as if they had been born in the lifetime of the decedent.
(2) A person who is related to the predeceased spouse through two lines of relationship is entitled to only a single share based on the relationship which would entitle the person to the larger share.
History
(1990 ch. 79 oper. July 1, 1991)
§ 6403. Survival of Prospective Heir by 120 Hours - Applicability.
Statute text
(a)  A person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for the purpose of intestate succession, and the heirs are determined accordingly. If it cannot be established by clear and convincing evidence that a person who would otherwise be an heir has survived the decedent by 120 hours, it is deemed that the person failed to survive for the required period. The requirement of this section that a person who survives the decedent must survive the decedent by 120 hours does not apply if the application of the 120-hour survival requirement would result in the escheat of property to the state.
(b)  This section does not apply to the case where any of the persons upon whose time of death the disposition of property depends died before January 1, 1990, and such case continues to be governed by the law applicable before January 1, 1990.
History
(1990 ch. 79 oper. July 1, 1991)