CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Presumptions & Burden of Proof
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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.