California, United States of America
The following excerpt is from Derose v. Carswell, 196 Cal.App.3d 1011, 242 Cal.Rptr. 368 (Cal. App. 1987):
DeRose also makes the novel argument that a person subjected to undue influence is "insane" for the purposes of Code of Civil Procedure section 352. The cases on which DeRose relies, however, do not support her argument. In Triplett v. Williams, (1969) 269 Cal.App.2d 135, 74 Cal.Rptr. 594, the court did not discuss insanity at all; it merely observed that "during whatever time [a potential plaintiff] was of unsound mind, the statute was tolled." (Id. at p. 137, 74 Cal.Rptr. 594.) The decision does not remotely suggest that undue influence is equivalent to insanity under Code of Civil Procedure section 352.
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