An apparent consent is not real or free when obtained through:
1. Duress;
2. Menace;
3. Fraud;
4. Undue influence; or,
5. Mistake.
Cal. Civ. Code § 1567
Consent
Applied in 19 court decisions — leading case 24 Cal. 4th 1 - In Re Marriage of Bonds (2000)
Most recently applied in 148 Cal. App. 4th 97 - Fremont Indemnity Co. v. Fremont General Corp. (February 2007)
Enacted 1872.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.