CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Writings
......Parol Evidence
.........Cases Admitting
 13 Cards On This Topic:
  • Although parol evidence necessary to clarify ambiguities in material terms in writings re property sale, writings complied with statute of frauds and were not too indefinite to enforce.
  • Contractual duties flow from intent of parties, not words used in contract, thus extrinsic evidence often required to determine intent.
  • Intent of parties that writing serve as exclusive embodiment of agreement crucial to existence of integration.
  • Trial ct. erred in concluding parol evidence from P's declaration failed to clarify parties' contract terms to a legally acceptable degree; writing was definite enough to be a contract.
  • Because written agreements were not completely integrated and not inconsistent with, or contrary to, oral agreement, breach of oral contract claim not barred by parol evidence rule.
  • Alleged noncompliance with statute of frauds could not sustain Ds' demurrer where evidence suggested real estate brokerage K existed between P and Ds; parol evidence rule did not sustain demurrer where P's allegations did not contradict K.
  • Extrinsic or parol evidence coming into existence ••after•• execution of written agreement may be considered in order to satisfy statute of frauds, and render agreement sufficiently certain to be enforceable.
  • Parol evidence rule does not bar a party from offering evidence that her signature on an agreement was procured by a misrepresentation over content of physical document to be signed.
  • Parol evidence rule doesn't bar Ps' Consumer Legal Remedies Act claim.
  • Oral agreement credible if might naturally have been made by similarly situated parties and unless certain it would have been included in writing.
  • Parol evidence of implied good cause requirement for employment termination should have been admitted where K was a partial integration, silent as to termination grounds.
  • Statements made by party during settlement negotiations are not barred by parol evidence rule to help interpret meaning of settlement in subsequent action with third party.
  • Official minutes of board are admissible, but may be disputed by parol evidence explaining them.


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