California Codes
Cal. Civil Code § 1568 (2026)
✓ current as of May 2026
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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.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1954–2021 · leading case: People v. Cicero, 157 Cal. App. 3d 465 (Cal. Ct. App. 1984).
People v. Cicero, 157 Cal. App. 3d 465 (Cal. Ct. App. 1984). “) [10] Civil Code section 1568 provides: " When deemed to have been obtained by fraud, etc.”
Vai v. Bank of Am. Nat'l Trust & Sav. Ass'n, 364 P.2d 247 (Cal. 1961). “Civ. Code, § 1568.) Reliance is an essential element not only of intentional fraud but of constructive fraud arising from a breach of fiduciary or other duty.”
Olam v. Cong. Mortg. Co., 68 F. Supp. 2d 1110 (N.D. Cal. 1999). “” Cal. Civil Code § 1568 . 45 . "Whether from weakness on one side, or strength on the other, or a combination of the two, undue influence occurs whenever there results 'that kind of influence or supremacy of one mind over another by which that other is prevented from acting…”
Johnston v. Johnson, 274 P.2d 1 (Cal. Ct. App. 1954). “Her claim of an interest in the property transferred in said agreement by her husband is then dependent on an attack on said agreement as fraudulent.”
Axline v. Reimund CA3 (Cal. Ct. App. 2021). “(Civ. Code, § 1568.) The elements of an action for fraudulent misrepresentation are (1) the misrepresentation of a material fact (2) which is false and known to be false by the defendant or without sufficient knowledge to warrant a belief that it was true (3) made with intent to…”
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