The following excerpt is from Kipperman v. Berg (In re Berg), Adversary Proceeding No. 13-90174-CL, Bankruptcy Case No. 09-17553-CL7 (Bankr. S.D. Cal. 2015):
establish the existence of a confidential relationship between them."); Buchmayer v. Buchmayer, 68 Cal. App. 2d 462, 470-71 (1945) (finding that the facts showed no confidential relationship between a husband and wife and thus "were sufficient to negative the existence of a confidential relationship and furnished no basis for a presumption that undue influence had been exercised").
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