estoppel by contract doctrine (California) · Go Syfert
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estoppel by contract doctrine in California

5 California opinions name it 1 courts 2008–2022 1 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Bruni v. Didiongreen
calctapp · 2008 · cited in 3 California opinions naming this issue, 2018–2022
2 sentences

2018Claudia argues that Matthew must be deemed to have had seven days to review the premarital agreement because Paragraph 11(I), inserted by attorney Chernick, stated: "Each of us acknowledges that he/she received this Agreement more than seven days before executing it, and had ample time to review this Agreement with independent legal counsel and other professional advisors before signing it." Claudia relies on Evidence Code section 622, which provides, "The facts recited in a written instrument are conclusively presumed to be true as between the parties thereto, or their successors in interest;

2018Claudia argues that Matthew must be deemed to have had seven days to review the premarital agreement because Paragraph 11(I), inserted by attorney Chernick, stated: "Each of us acknowledges that he/she received this Agreement more than seven days before executing it, and had ample time to review this Agreement with independent legal counsel and other professional advisors before signing it." Claudia relies on Evidence Code section 622, which provides, "The facts recited in a written instrument are conclusively presumed to be true as between the parties thereto, or their successors in interest;

13
In Re Marriage of Brooks & Robinsonred
calctapp · 2008 · cited in 1 California opinions naming this issue, 2013–2013
2 sentences

2013Evidence Code section 622 provides that “ ‘facts recited in a written instrument are conclusively presumed to be true as between the parties thereto . . . .’ This section is based upon the doctrine of estoppel by contract; i.e., a party to a contract is generally estopped to deny essential facts recited therein. [Citations.]” (In re Marriage of Brooks & Robinson (2008) 169 Cal.App.4th 176, 184 [ 86 Cal.Rptr.3d 624 ].) The Brooks court concluded that the presumption “applies ‘as between the parties’ to written instruments” but not to persons who are not parties to the instrument.

2013Evidence Code section 622 provides that “ ‘facts recited in a written instrument are conclusively presumed to be true as between the parties thereto . . . .’ This section is based upon the doctrine of estoppel by contract; i.e., a party to a contract is generally estopped to deny essential facts recited therein. [Citations.]” (In re Marriage of Brooks & Robinson (2008) 169 Cal.App.4th 176, 184 [ 86 Cal.Rptr.3d 624 ].) The Brooks court concluded that the presumption “applies ‘as between the parties’ to written instruments” but not to persons who are not parties to the instrument.

11
Estate of Wilsongreen
calctapp · 1976 · cited in 1 California opinions naming this issue, 2008–2008
2 sentences

2008(Estate of Wilson (1976) 64 Cal.App.3d 786, 801 [ 134 Cal.Rptr. 749 ]; Gas App. S. Co. v. W B.

2008(Estate of Wilson (1976) 64 Cal.App.3d 786, 801 [ 134 Cal.Rptr. 749 ]; Gas App. S. Co. v. W B.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
City of Santa Cruz v. Pacific Gas & Electric Co. green
calctapp · 2000
2 sentences

2018Claudia argues that Matthew must be deemed to have had seven days to review the premarital agreement because Paragraph 11(I), inserted by attorney Chernick, stated: "Each of us acknowledges that he/she received this Agreement more than seven days before executing it, and had ample time to review this Agreement with independent legal counsel and other professional advisors before signing it." Claudia relies on Evidence Code section 622, which provides, "The facts recited in a written instrument are conclusively presumed to be true as between the parties thereto, or their successors in interest;

2018Claudia argues that Matthew must be deemed to have had seven days to review the premarital agreement because Paragraph 11(I), inserted by attorney Chernick, stated: "Each of us acknowledges that he/she received this Agreement more than seven days before executing it, and had ample time to review this Agreement with independent legal counsel and other professional advisors before signing it." Claudia relies on Evidence Code section 622, which provides, "The facts recited in a written instrument are conclusively presumed to be true as between the parties thereto, or their successors in interest;

32018–2022
Citizens Business Bank v. Gevorgian green
calctapp · 2013
1 sentence

2022(Citizens Business Bank v. Gevorgian (2013) 218 Cal.App.4th 602, 613 .) 8 Evidence Code section 622 provides that “facts recited in a written instrument are conclusively presumed to be true as between the parties thereto[.]” The statute — which codifies the common law doctrine of estoppel by contract — is based on “ ‘the principle that parties who have expressed their mutual assent are bound by the contents of the instrument they have signed, and may not thereafter claim that its provisions do not express their intentions or understanding.’ ” (In re Marriage of Clarke & Akel (2018) 19 Cal.App.

12022–2022
Clarke v. Akel (In re Clarke) green
calctapp · 2018
1 sentence

2022(Citizens Business Bank v. Gevorgian (2013) 218 Cal.App.4th 602, 613 .) 8 Evidence Code section 622 provides that “facts recited in a written instrument are conclusively presumed to be true as between the parties thereto[.]” The statute — which codifies the common law doctrine of estoppel by contract — is based on “ ‘the principle that parties who have expressed their mutual assent are bound by the contents of the instrument they have signed, and may not thereafter claim that its provisions do not express their intentions or understanding.’ ” (In re Marriage of Clarke & Akel (2018) 19 Cal.App.

12022–2022

Statutes the citing opinions construe

CA § Cal. Evidence Code § 622 (5) CA § Cal. Family Code § 2640 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 10 (2012–2024) CA 5 (2008–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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