California Codes

Cal. Civil Code § 1691 (2026)

✓ current as of May 2026

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Subject to Section 1693, to effect a rescission a party to the contract must, promptly upon discovering the facts which entitle him to rescind if he is free from duress, menace, undue influence or disability and is aware of his right to rescind:

(a)Give notice of rescission to the party as to whom he rescinds; and

(b)Restore to the other party everything of value which he has received from him under the contract or offer to restore the same upon condition that the other party do likewise, unless the latter is unable or positively refuses to do so.

When notice of rescission has not otherwise been given or an offer to restore the benefits received under the contract has not otherwise been made, the service of a pleading in an action or proceeding that seeks relief based on rescission shall be deemed to be such notice or offer or both.

Notes of Decisions

Cited in 131 cases (15 in the last 5 years), 1880–2026 · leading case: Davenport v. Litton Loan Servicing, LP, 725 F. Supp. 2d 862 (N.D. Cal. 2010).

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Davenport v. Litton Loan Servicing, LP, 725 F. Supp. 2d 862 (N.D. Cal. 2010). · cites it 8× “California Civil Code Section 1691 Rescission: Sixteenth Claim for Relief Defendants also move to dismiss Davenport’s sixteenth claim for relief to rescind her loan under state law.”

Donovan v. RRL Corp., 27 P.3d 702 (Cal. 2001). · cites it 4× “(Civ.Code, §§ 1691, 1692.) But the party seeking to rescind must give such notice "promptly upon discovering the facts which entitle *835 him to rescind.”

La Sound USA, Inc. v. St. Paul Fire & Marine Ins., 67 Cal. Rptr. 3d 917 (Cal. Ct. App. 2007). · cites it 3× “(Civ. Code, § 1691.) On the other hand, they concede “the service of a pleading in an action or proceeding that seeks relief based on rescission shall be deemed to be such notice or offer or both.”

Medina v. Safe-Guard Prods., Int'l, Inc., 164 Cal. App. 4th 105 (Cal. Ct. App. 2008). · cites it 2× “2d 354 ]; Civ. Code, § 1691 [“. . . to effect a rescission a party to the contract must, promptly upon discovering the facts which entitle him to rescind .”

Chapman v. Skype, Inc., 220 Cal. App. 4th 217 (Cal. Ct. App. 2013). “) “When notice of rescission has not otherwise been given or an offer to restore the benefits received under the contract has not otherwise been made, the service of a pleading in an action or proceeding that seeks relief based on rescission shall be deemed to be such notice or…”

Atmel Corp. v. St. Paul Fire & Marine, 426 F. Supp. 2d 1039 (N.D. Cal. 2005). · cites it 3× “”); § 359 (“If a representation is false in a material point, whether affirmative or promissory, the injured party is entitled to rescind the contract from the time the representation becomes false.”

In Re Marriage of Balcof, 47 Cal. Rptr. 3d 183 (Cal. Ct. App. 2006). “” (Civ. Code, § 1691.) Civil Code section 1693 states in part that “[w]hen relief based upon rescission is claimed in an action or proceeding, such relief shall not be denied because of delay in giving notice of rescission unless such delay has been substantially prejudicial to…”

Brown v. Grimes, 192 Cal. App. 4th 265 (Cal. Ct. App. 2011). “The fee-sharing agreement has not been rescinded. Although Grimes pleaded a claim for rescission, he did not plead or prove that he offered to restore that which he had received.”

LL B Sheet 1, LLC v. Loskutoff, 362 F. Supp. 3d 804 (N.D. Cal. 2019). · cites it 2× “To disaffirm the contract, the rescinding party must follow the procedure set forth in California Civil Code § 1691. See id. Specifically, the rescinding party must "(a) [g]ive notice of rescission to the party as to whom he rescinds; and (b) [r]estore to the other party…”

Duarte v. Pac. Specialty Ins. Co., 220 Cal. Rptr. 3d 170 (Cal. Ct. App. 5th 2017). “( Civ. Code, § 1691, subds. (a) - (b).) Although Civil Code section 1691 states that notice and restoration of the premium are procedural requirements for rescission, Duarte's arguments lack merit.”

Myerchin v. Fam. Benefits, Inc., 162 Cal. App. 4th 1526 (Cal. Ct. App. 2008). · cites it 2× “[rjestore to the other party everything of value which he has received from him under the contract or offer to restore the same upon condition that the other party do likewise, unless the latter is unable or positively refuses to do so.”

Ortiz v. Accredited Home Lenders, Inc., 639 F. Supp. 2d 1159 (S.D. Cal. 2009). · cites it 2× “The mechanics of contract rescission are governed by Cal. Civ.Code § 1691, which requires a plaintiff to give notice of rescission to the other party and to return, or offer to return, all proceeds he received from the transaction.”

Show all 131 citing cases →

— Cal. Civil Code § 1691(2) — 2 cases

Alder v. Drudis, 182 P.2d 195 (Cal. 1947).

Bank of Am. Nat'l Trust & Sav. Ass'n v. Greenbach, 219 P.2d 814 (Cal. Ct. App. 1950).

— Cal. Civil Code § 1691(a) — 1 case

Zeigler v. Hathaway Ranch P'ship (In Re Hathaway Ranch P'ship), 127 B.R. 859 (Bankr. C.D. Cal. 1990).

— Cal. Civil Code § 1691(b) — 8 cases

Campion v. Old Repub. Home Prot. Co., 272 F.R.D. 517 (S.D. Cal. 2011).

Taguinod v. World Sav. Bank, FSB, 755 F. Supp. 2d 1064 (C.D. Cal. 2010).

Pac. Fuel Co., LLC v. Shell Oil Co., 416 F. App'x 607 (9th Cir. 2011).

Encore Bank, N.A. v. Bank of Am., N.A., 918 F. Supp. 2d 633 (S.D. Tex. 2013).

In Re Amica, Inc., 135 B.R. 534 (Bankr. N.D. Ill. 1992).

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