In Riverisland Cold Storage, Inc., v. Fresno-Madera Prod. Credit Ass., S190581, the unanimous California Supreme Court recently overturned the widely criticized Pendergrass rule, thus restoring the full breadth of the fraud exception to the parol evidence rule. In 1935, the Court limited the fraud exception to the parole evidence rule – holding that evidence of a promise that … Continue Reading
[UPDATED THROUGH APRIL 1, 2010] Depository Contracts, Probate Code. Did bank breach a depository contract as a matter of law when it granted access to an estate’s account to a person presenting false Letter of Administration? Does section 186 of the Texas Probate Code, providing that Letters of Administration are sufficient evidence of the appointment … Continue Reading