Bill Text: CA AB824 | 2013-2014 | Regular Session | Chaptered

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Bill Title: Written agreements: exclusion of evidence.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2013-08-12 - Chaptered by Secretary of State - Chapter 81, Statutes of 2013. [AB824 Detail]

Download: California-2013-AB824-Chaptered.html

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BILL NUMBER: AB 824	CHAPTERED
	BILL TEXT

	CHAPTER  81
	FILED WITH SECRETARY OF STATE  AUGUST 12, 2013
	APPROVED BY GOVERNOR  AUGUST 12, 2013
	PASSED THE SENATE  JUNE 24, 2013
	PASSED THE ASSEMBLY  MAY 13, 2013

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, 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."


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1856 of the Code of Civil Procedure is amended
to read:
   1856.  (a) Terms set forth in a writing intended by the parties as
a final expression of their agreement with respect to the terms
included therein may not be contradicted by evidence of a prior
agreement or of a contemporaneous oral agreement.
   (b) The terms set forth in a writing described in subdivision (a)
may be explained or supplemented by evidence of consistent additional
terms unless the writing is intended also as a complete and
exclusive statement of the terms of the agreement.
   (c) The terms set forth in a writing described in subdivision (a)
may be explained or supplemented by course of dealing or usage of
trade or by course of performance.
   (d) The court shall determine whether the writing is intended by
the parties as a final expression of their agreement with respect to
the terms included therein and whether the writing is intended also
as a complete and exclusive statement of the terms of the agreement.
   (e) Where a mistake or imperfection of the writing is put in issue
by the pleadings, this section does not exclude evidence relevant to
that issue.
   (f) Where the validity of the agreement is the fact in dispute,
this section does not exclude evidence relevant to that issue.
   (g) This section does not exclude other evidence of the
circumstances under which the agreement was made or to which it
relates, as defined in Section 1860, or to explain an extrinsic
ambiguity or otherwise interpret the terms of the agreement, or to
establish illegality or fraud.
   (h) As used in this section, "agreement" includes trust
instruments, deeds, wills, and contracts between parties.