California Legislature—2013–14 Regular Session

Assembly BillNo. 824


Introduced by Assembly Member Jones

February 21, 2013


An act to amend Section 1856 of the Code of Civil Procedure, relating to civil procedure.

LEGISLATIVE COUNSEL’S DIGEST

AB 824, as introduced, Jones. Written agreements: exclusion of evidence.

Existing law provides that the terms set forth in a writing intended by the parties as a final expression of their agreement with respect to the terms may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement. Existing law defines the term “agreement” to include deeds and wills, as well as contracts between parties.

This bill would include trust instruments in the definition of the term “agreement.”

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 1856 of the Code of Civil Procedure is
2amended to read:

3

1856.  

(a) Terms set forth in a writing intended by the parties
4as a final expression of their agreement with respect tobegin delete suchend deletebegin insert theend insert
5 termsbegin delete as areend delete included therein may not be contradicted by evidence
6ofbegin delete anyend deletebegin insert aend insert prior agreement or of a contemporaneous oral agreement.

P2    1(b) The terms set forth in a writing described in subdivision (a)
2may be explained or supplemented by evidence of consistent
3additional terms unless the writing is intended also as a complete
4and exclusive statement of the terms of the agreement.

5(c) The terms set forth in a writing described in subdivision (a)
6may be explained or supplemented by course of dealing or usage
7of trade or by course of performance.

8(d) The court shall determine whether the writing is intended
9by the parties as a final expression of their agreement with respect
10tobegin delete suchend deletebegin insert theend insert termsbegin delete as areend delete included therein and whether the writing
11is intended also as a complete and exclusive statement of the terms
12of the agreement.

13(e) Where a mistake or imperfection of the writing is put in
14issue by the pleadings, this section does not exclude evidence
15relevant to that issue.

16(f) Where the validity of the agreement is the fact in dispute,
17this section does not exclude evidence relevant to that issue.

18(g) This section does not exclude other evidence of the
19circumstances under which the agreement was made or to which
20it relates, as defined in Section 1860, or to explain an extrinsic
21ambiguity or otherwise interpret the terms of the agreement, or to
22establish illegality or fraud.

23(h) As used in this section,begin delete the term agreementend deletebegin insert “agreementend insertbegin insertend insert
24 includesbegin insert trust instruments,end insertbegin delete deeds andend deletebegin insert deeds,end insert wills,begin delete as well asend deletebegin insert andend insert
25 contracts between parties.



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