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Why Does Evidence Code 622 for Recitals Matter?

At Schorr Law, our Los Angeles based real estate lawyers are fortunate to be able to settle many matters for our clients.   When the time comes to settle a case, we or opposing counsel always reduce the writing (unless there is a stipulation on the record in open court).  Most settlement agreements contain recitals.  This begs the question – why do the recitals matter. Evidence Code section 622 provides: “The facts recited in a written instrument are conclusively presumed to be true as between the parties thereto, or their successors in interest; but this rule does not apply to the recital of a consideration.” Many people incorporate Evidence Code section 622 into their settlement agreements.  They do this because recitals operate as an estoppel (a

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Zachary D. Schorr has been named to the Southern California Super Lawyers (Rising Stars) list for attorneys in Real Estate for 5 straight years - 2012, 2013, 2014, 2015 and 2016. Each year, no more than 2.5 percent of the lawyers in the state receive this honor. In 2016 he was also included as one of the top 100 lawyers in Southern California in this category. The selection for this respected list is made by the research team at Super Lawyers.

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