Instruments

Hilaly v. Allen, No. JAD19-05 (S.F. Super. App. Div. May 21, 2019)

Evidence Code § 622 creates a conclusive presumption regarding the truth of recitations of fact in a “written instrument.” “Instrument” is not defined, but “[a]s used in section 622, an ‘instrument’ usually refers to a contract, but may apply to contract-like writings, such as a commercial estoppel certificate that all parties understand is ‘a binding confirmation of a lease agreement.’” The informal tenant questionnaire at issue in this case, however, is not an instrument. It was neither supported by consideration nor the subject of mutual consent.

Affirmed.