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:
Section 1856 of the Code of Civil Procedure is
2amended to read:
(a) Terms set forth in a writing intended by the parties
4as a final expression of their agreement with respect to
begin delete suchend delete
begin delete as areend delete included therein may not be contradicted by evidence
begin delete anyend delete 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
begin delete suchend delete terms begin 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 delete
begin delete deeds andend delete wills, begin delete as well asend delete
25 contracts between parties.