PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Declarations & Affidavits
.........Parol Evidence Rule
13 Cards On This Topic:

Parol evidence is inadmissible.

Evidence of circumstances admissible for construction of document.

Facts stated in instrument are presumed to be true.

Parol evidence is inadmissible.

Written K supersedes all negotiations and agreements.

Pendergrass limitation on fraud exception to parol evidence rule rejected—it "was never intended that the parol evidence rule should be used as a shield to prevent the proof of fraud"—SJ for D reversed.

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; summary judgment reversed.

Collateral oral agrmt not categorically barred by parol evidence rule but may supplement K if terms consistent; here, Ds’ admissions negated terms of agrmt, and it was properly excluded.

Parol evidence admissible re meaning parties attached to apparently unambiguous doc.; decl. restating policy language did not raise triable issue and expert opinion re what parties meant excludable.

Parol evidence inadmissible to contradict written agreement not reasonably susceptible of contrary interpretation.

Decl. stating party’s understanding of obligation under contract inadmissible when K clear and unambiguous.

Neither parole evidence rule nor statute of frauds apply in tort action for fraud.