News & Analysis as of

Riverisland

California Supreme Court Expands Fraud Exception to the Parol Evidence Rule, Eliminating Significant Barrier to Claims of...

by Proskauer Rose LLP on

Last month, the California Supreme Court overruled longstanding precedent and restored to full force the fraud exception to California's parol evidence rule. In Riverisland Cold Storage, Inc. v. Fresno-Madera Production...more

California Supreme Court Eases Admissibility of Oral Statements in Contract Fraud Disputes

California, like most jurisdictions, prohibits parties to integrated contracts from introducing “parol evidence” — this is, evidence of prior written or verbal agreements made by a party to a contract — if those alleged...more

Promises to Keep—Lender Beware: California Supreme Court Expands Parol Evidence Fraud Exception

In 1935, the California Supreme Court in Bank of America National Trust and Savings Ass’n v. Pendergrass prohibited a borrower from introducing external or parol evidence to demonstrate fraud in connection with an agreement...more

Litigation Alert: California Supreme Court Announces Sea-Change in Rules Governing Use of Parol Evidence to Show Fraud in Contract...

by Fenwick & West LLP on

Background - On January 14, 2013, the California Supreme Court issued a unanimous decision clarifying – and ultimately rewriting – the applicable legal standard for introduction of parol evidence to show that a contract...more

Reconsidering the Fraud Exception to the Parol Evidence Rule

by Hinshaw & Culbertson LLP on

The California Supreme Court has removed a legal barrier for litigants seeking to invalidate contracts on the basis of fraud. Overruling a 75-year old decision, the Supreme Court ruled that the parol evidence rule does...more

The Quest For Contractual Certainty

The California Supreme Court has re-examined and largely restricted the scope of the parol evidence rule (Code of Civil Procedure §1856) in the case of RiverIsland Cold Storage, Inc. v. Fresno-Madera Production Credit...more

The California Supreme Court Makes It Easier To Attack Written Contracts

On January 14, 2013, the California Supreme Court overruled a decision it issued 78 years ago, making it easier for parties to a written contract to offer evidence showing fraud in the making of the contract. The...more

California Supreme Court Broadens Borrower Fraud Defense to Written Loan Agreements

by Davis Wright Tremaine LLP on

The California Supreme Court handed down a unanimous decision earlier this week, broadening the scope of the “fraud exception” to the parol evidence rule, to allow a plaintiff challenging the terms of a written agreement to...more

Think You Are Protected by the Clear Terms of a Written Contract? Think Again!

by Ervin Cohen & Jessup LLP on

The California Supreme Court just released a significant new decision dealing with the parol evidence rule that changes the law dramatically in California. The case name/citation is Riverisland Cold Storage, Inc. v....more

California Supreme Court Eliminates Lender Defense to Borrower Fraud Claims

by Buchalter on

On January 14, the California Supreme Court issued its opinion in Riverisland Cold Storage v. Fresno-Madera Production Credit Assn., which takes away a lender defense to borrower fraud claims and will therefore have a...more

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