Consent
Applied in 57 court decisions — leading case 46 Cal. 3d 1092 - Leal v. Holy Spirit Ass'n for Unification of World Christianity (1988)
Most recently applied in Dario Martinez-Gonzalez v. Elkhorn Packing Co. LLC (November 2021)
Enacted 1872.
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.
Undue influence consists:
1. In the use, by one in whom a confidence is reposed by another, or who holds a real or apparent authority over him, of such confidence or authority for the purpose of obtaining an unfair advantage over him;
2. In taking an unfair advantage of another’s weakness of mind; or,
3. In taking a grossly oppressive and unfair advantage of another’s necessities or distress.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.