California Codes
Cal. Civil Code § 1567 (2026)
✓ current as of May 2026
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An apparent consent is not real or free when obtained through:
1.Duress;
2.Menace;
3.Fraud;
4.Undue influence; or,
5.Mistake.
Notes of Decisions
Cited in 26
cases (7 in the last 5 years), 1950–2025 · leading case: People v. Brock, 6 Cal. Daily Op. Serv. 9663 (Cal. Ct. App. 2006).
People v. Brock, 6 Cal. Daily Op. Serv. 9663 (Cal. Ct. App. 2006). “First, they argue that the instructions are justified by certain provisions of the *1279 Civil Code. Civil Code section 1567 8 provides that undue influence undermines apparent consent, and Civil Code section 1575 9 defines undue influence in the same fashion as the trial court,…”
Lintz v. Lintz, 222 Cal. App. 4th 1346 (Cal. Ct. App. 2014). “) 4 Civil Code section 1567 provides: “An apparent [contractual] consent is not real or free when obtained through: [ft] 1.”
Scofield v. Critical Air Med., Inc., 96 Cal. Daily Op. Serv. 3708 (Cal. Ct. App. 1996). “(Civ. Code, § 1567, Turner v. Turner, supra, 167 Cal.”
Brewer v. Federici, 2001 Cal. Daily Op. Serv. 9946 (Cal. Ct. App. 2001). “Brewer asserts there was no “mistake” because Federici neglected his legal duty to value the pension plans. In making this assertion, Brewer relies upon the Civil Code that states that a mistake of fact cannot be “caused by the neglect of a legal duty on the part of the person…”
Olam v. Cong. Mortg. Co., 68 F. Supp. 2d 1110 (N.D. Cal. 1999). “” Cal. Civil Code § 1567 (4). “Consent is deemed to have been obtained through one of the causes mentioned in the last section only when it would not have been given had such cause not existed.”
Bayscene Resident Negotiators v. Bayscene Mobilehome Park, 93 Cal. Daily Op. Serv. 3049 (Cal. Ct. App. 1993). “) who determines whether the agreement is enforceable, the arbitrator or the court? *127 A written agreement to submit to arbitration is valid except upon such grounds as exist for the revocation of any contract.”
Duncan v. McCaffrey Grp., Inc., 200 Cal. App. 4th 346 (Cal. Ct. App. 2011). “Civil Code section 1567 states: “An apparent consent is not real or free when obtained through: [][] 1.”
Est. of Truckenmiller, 97 Cal. App. 3d 326 (Cal. Ct. App. 1979). “” (Civ. Code, § 1567.) “Undue influence consists: [11] 1.”
Keithley v. Civil Serv. Bd., 11 Cal. App. 3d 443 (Cal. Ct. App. 1970). “” 6 Civil Code section 1567 provides that an apparent consent is not real or free when obtained through: “1.”
M. G. Chamberlain & Co. v. Simpson, 343 P.2d 438 (Cal. Ct. App. 1959). “(Civ. Code, § 1567.) Where there is a duty to disclose, the disclosure must be full and complete, and any material concealment or misrepresentation will amount to fraud.”
Gross v. Needham, 184 Cal. App. 2d 446 (Cal. Ct. App. 1960). “Duress, which includes whatever destroys one’s free agency and constrains him to do what is against his will, may be exercised by threats, importunity or any species of mental coercion (9 Cal.Jur.2d, Cancellation of Instruments, §16.”
Turner v. Turner, 334 P.2d 1011 (Cal. Ct. App. 1959). “(Civ. Code, § 1567; Butler v. Collins, 12 Cal.”
— Cal. Civil Code § 1567(4) — 1 case
Olam v. Cong. Mortg. Co., 68 F. Supp. 2d 1110 (N.D. Cal. 1999). “” Cal. Civil Code § 1567 (4). “Consent is deemed to have been obtained through one of the causes mentioned in the last section only when it would not have been given had such cause not existed.”
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