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Cal. Civil Code § 1689 (2026)

✓ current as of May 2026
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(a)A contract may be rescinded if all the parties thereto consent.

(b)A party to a contract may rescind the contract in the following cases:

(1)If the consent of the party rescinding, or of any party jointly contracting with him, was given by mistake, or obtained through duress, menace, fraud, or undue influence, exercised by or with the connivance of the party as to whom he rescinds, or of any other party to the contract jointly interested with such party.

(2)If the consideration for the obligation of the rescinding party fails, in whole or in part, through the fault of the party as to whom he rescinds.

(3)If the consideration for the obligation of the rescinding party becomes entirely void from any cause.

(4)If the consideration for the obligation of the rescinding party, before it is rendered to him, fails in a material respect from any cause.

(5)If the contract is unlawful for causes which do not appear in its terms or conditions, and the parties are not equally at fault.

(6)If the public interest will be prejudiced by permitting the contract to stand.

(7)Under the circumstances provided for in Sections 39, 1533, 1566, 1785, 1789, 1930 and 2314 of this code, Section 2470 of the Corporations Code, Sections 331, 338, 359, 447, 1904 and 2030 of the Insurance Code or any other statute providing for rescission.

Notes of Decisions
Cited in 262 cases (78 in the last 5 years), 1931–2026 · leading case: Habitat Trust for Wildlife, Inc. v. City of Rancho Cucamonga, 175 Cal. App. 4th 1306 (Cal. Ct. App. 2009).
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Habitat Trust for Wildlife, Inc. v. City of Rancho Cucamonga, 175 Cal. App. 4th 1306 (Cal. Ct. App. 2009). · cites it 3× “With respect to Henderson’s cross-complaint, “[i]f the consideration for the obligation of the rescinding party, before it is rendered to him, fails in a material respect from any cause” a party may rescind a contract.”
Donovan v. RRL Corp., 27 P.3d 702 (Cal. 2001). · cites it 2× “(Civ.Code, § 1689, subd. (b)(1).) A factual mistake by one party to a contract, or unilateral mistake, affords a ground for rescission in some circumstances.”
Chan v. Lund, 188 Cal. App. 4th 1159 (Cal. Ct. App. 2010). · cites it 3× “[][] (1) If the consent of the party rescinding, . . . was . . . obtained through duress, menace, fraud, or undue influence, exercised by or with the connivance of the party as to whom he rescinds, or of any other party to the contract jointly interested with such party.”
Das v. WMC Mortg. Corp., 831 F. Supp. 2d 1147 (N.D. Cal. 2011). · cites it 4× “Code § 17200; (6) rescission under Cal. Civ.Code § 1689(b); (7) violation of the Real Estate Settlement Practices Act (“RESPA”), 12 U.”
Stewart v. Preston Pipeline Inc., 2005 Cal. Daily Op. Serv. 10743 (Cal. Ct. App. 2005). “The sole authority plaintiff relied on was Civil Code section 1689, which provides in relevant part: “A party to a contract may rescind the contract .”
Orozco v. WPV San Jose, LLC, 248 Cal. Rptr. 3d 623 (Cal. Ct. App. 5th 2019). “( Civ. Code, § 1689.) "In the usual case of fraud, where the promisor knows what he is signing but his consent is induced by fraud, mutual assent is present and a contract is *403 formed, which, by reason of the fraud, is voidable.”
Engalla v. Permanente Med. Grp., Inc., 938 P.2d 903 (Cal. 1997). “(Civ. Code, § 1689, subd. (b)(1).) In order to defeat a petition to compel arbitration, the parties opposing a petition to compel must show that the asserted fraud claim goes specifically “ ‘to the “making” of the agreement to arbitrate,’ ” rather than to the making of the…”
Wood v. Apodaca, 375 F. Supp. 2d 942 (N.D. Cal. 2005). · cites it 6× “) Thus, Plaintiff asserts she is entitled to rescission under California Civil Code § 1689(b)(1), which allows a party to rescind where consent was given by mistake or obtained by fraud.”
Dario Martinez-Gonzalez v. Elkhorn Packing Co. LLC, 25 F.4th 613 (9th Cir. 2021). · cites it 3× “See Cal. Civ. Code § 1689 (b)(1). Economic duress occurs when one party commits a (1) “wrongful act” and (2) that act “is sufficiently coercive to cause a reasonably prudent person faced with no reasonable alternative” to agree to an unfavorable contract.”
Spinks v. Equity Residential Briarwood Apts., 171 Cal. App. 4th 1004 (Cal. Ct. App. 2009). “(Civ. Code, § 1689; Principal Mutual, supra, 65 *1025 Cal.”
Schultz v. Cnty. of Contra Costa, 157 Cal. App. 3d 242 (Cal. Ct. App. 1984). · cites it 4× “Since a cause of action for rescission exists pursuant to a contract for sale of property between private parties (Civ. Code, § 1689), rescission is similarly available pursuant to a sale from a public entity to a private party.”
Principal Mut. Life Ins. v. Vars, Pave, McCord & Freedman, 98 Cal. Daily Op. Serv. 6334 (Cal. Ct. App. 1998). · cites it 2× “) Civil Code section 1689 governs the rescission of contracts.”
Show all 262 citing cases →
— Cal. Civil Code § 1689(2) — 3 cases
De Burgh v. De Burgh, 250 P.2d 598 (Cal. 1952).
J. C. Millett Co. v. Park & Tilford Distillers Corp., 123 F. Supp. 484 (N.D. Cal. 1954).
In re Warrack Med. Ctr. Hosp., 282 F. Supp. 988 (N.D. Cal. 1968).
— Cal. Civil Code § 1689(5) — 1 case
In re Warrack Med. Ctr. Hosp., 282 F. Supp. 988 (N.D. Cal. 1968).
— Cal. Civil Code § 1689(a) — 1 case
Wyler Summit P'ship v. Turner Broad. Sys., Inc., 135 F.3d 658 (9th Cir. 1998).
— Cal. Civil Code § 1689(b) — 4 cases
Das v. WMC Mortg. Corp., 831 F. Supp. 2d 1147 (N.D. Cal. 2011). “Code § 17200; (6) rescission under Cal. Civ.Code § 1689(b); (7) violation of the Real Estate Settlement Practices Act (“RESPA”), 12 U.”
Kucharczyk v. Regents of the Univ. of California, 946 F. Supp. 1419 (N.D. Cal. 1996).
Bugarin v. All Nippon Airways Co., Ltd. (N.D. Cal. 2021).
Vaughan (N.D. Cal. 2025).
— Cal. Civil Code § 1689(b)(1) — 18 cases
Olam v. Cong. Mortg. Co., 68 F. Supp. 2d 1110 (N.D. Cal. 1999).
United Guar. Mortg. Indem. Co. v. Countrywide Fin. Corp., 660 F. Supp. 2d 1163 (C.D. Cal. 2009).
Bradley v. Chiron Corp., 136 F.3d 1317 (Fed. Cir. 1998).
Kelley v. Mortg. Elec. Reg. Sys., Inc., 642 F. Supp. 2d 1048 (N.D. Cal. 2009).
Wood v. Apodaca, 375 F. Supp. 2d 942 (N.D. Cal. 2005). “) Thus, Plaintiff asserts she is entitled to rescission under California Civil Code § 1689(b)(1), which allows a party to rescind where consent was given by mistake or obtained by fraud.”
— Cal. Civil Code § 1689(b)(2) — 11 cases
Sutcliffe v. Wells Fargo Bank, N.A., 283 F.R.D. 533 (N.D. Cal. 2012).
Karl Storz Endoscopy-Am., Inc. v. Integrated Med. Sys., Inc., 808 So. 2d 999 (Ala. 2001).
Wood v. Apodaca, 375 F. Supp. 2d 942 (N.D. Cal. 2005). “) Thus, Plaintiff asserts she is entitled to rescission under California Civil Code § 1689(b)(1), which allows a party to rescind where consent was given by mistake or obtained by fraud.”
Little v. Pullman, 219 Cal. App. 4th 558 (Cal. Ct. App. 2013).
Hebei Hengbo New Materials Tech. Co. v. Apple, Inc., 344 F. Supp. 3d 1111 (N.D. Cal. 2018).
— Cal. Civil Code § 1689(b)(4) — 3 cases
Wood v. Apodaca, 375 F. Supp. 2d 942 (N.D. Cal. 2005). “) Thus, Plaintiff asserts she is entitled to rescission under California Civil Code § 1689(b)(1), which allows a party to rescind where consent was given by mistake or obtained by fraud.”
In Re Amica, Inc., 135 B.R. 534 (Bankr. N.D. Ill. 1992).
Richard Edwards v. Symbolic Int'l, Inc., 414 F. App'x 930 (9th Cir. 2011).
— Cal. Civil Code § 1689(b)(7) — 1 case
Old Repub. Union Ins. Co. v. LiveOne, Inc. (C.D. Cal. 2025).
— Cal. Civil Code § 1689(b)(l) — 1 case
Turner v. CIT Grp., 154 F. App'x 2 (9th Cir. 2005).
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