What is the test for undue influence in civil law?

California, United States of America


The following excerpt is from Hwang v. Properties, B253748 (Cal. App. 2015):

3. " '[U]ndue influence has been called overpersuasion. [Citation.]' [Citations.] In essence, undue influence consists of the use of excessive pressure by a dominant person over a servient person resulting in the apparent will of the servient person being in fact the will of the dominant person. [Citation.]" (Keithley v. Civil Service Bd. (1970) 11 Cal.App.3d 443, 451.)

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