CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Presumptions & Burden of Proof
......Conclusive Presumptions: Civil
.........Recitals in Written Inst.
3 Cards On This Topic:
  • Facts recited in written instrument conclusively presumed true.
  • Because rental questionnaire was not an instrument under EC §622, tenant was not bound by her answers for purposes of an unlawful detainer action.
  • EC §622 does not preclude challenging false boilerplate recitations in a PMA in situations not involving arm’s length negotiations or when the contract itself is invalid.