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US ECOLOGY, INC. v. STATE

No. D042426.

28 Cal.Rptr.3d 894 (2005)

129 Cal.App.4th 887

US ECOLOGY, INC., Plaintiff and Appellant, v. STATE of California et. al, Defendants and Respondents.

Court of Appeals of California, Fourth District, Division One.

May 25, 2005.

Attorney(s) appearing for the Case

Cooley Godward, Stephen C. Neal, John C. Dwyer, Lori R.E. Ploeger and Christopher B. Durbin, Palo Alto, for Plaintiff and Appellant.

Bill Lockyer, Attorney General, James M. Humes, Chief Assistant Attorney General, Thomas R. Yanger, Assistant Attorney General, John H. Sanders, Donald P. Cole and Jennifer A. Chmura, Deputy Attorneys General, for Defendants and Respondents.

Laurens H. Silver for California Environmental Law Project as Amicus Curiae on behalf of Defendants and Respondents.

NARES, J.

On this appeal we are presented with an issue of first impression: whether a plaintiff pursuing a claim for promissory estoppel must prove that the defendant on that claim caused the plaintiff's damages. We conclude that, as in ordinary contract actions, a plaintiff seeking recovery on a promissory estoppel theory must prove that the defendant's breach was a substantial factor in causing the plaintiff's damages...

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