Indispensable Evidence in California

Chapter 6 of Title 2 of Part 4 of the Code of Civil Procedure deals with different kinds and degrees of evidence, including indispensable evidence.

Section 1971 provides that no estate or interest in real property, other than for leases for a term not exceeding one year, nor any power over or concerning it, can be created, granted, assigned, surrendered, or declared, otherwise than by operation of law, or a conveyance or other instrument in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by the party’s lawful agent authorized by writing.

Section 1972 specifies that the above section is not to be construed to abridge the power of any court to compel the specific performance of an agreement, in case of part performance. The above section also does not affect the creation of a trust nor prevent any trust from arising or being extinguished by implication or operation of law.

Section 1974 states that no evidence is admissible to charge a person upon a representation as to the credit of a third person, unless the representation is in writing, and either subscribed by or in the handwriting of the party to be charged. This section is a Statute of Frauds provision and is to be applied in a manner that is consistent with existing law.