Odorizzi v. Bloomfield School District
246 Cal. App. 2d 123 · California Court of Appeal · 1966
Facts
Donald Odorizzi, an elementary school teacher, was arrested on criminal charges. The day after his arrest, having been without sleep for 40 hours, school officials visited him at his apartment, urged him to resign immediately without consulting an attorney, threatening public dismissal if he refused and promising quiet resignation if he complied. Odorizzi resigned, but after the criminal charges were dismissed, he sought to rescind his resignation, alleging it was obtained through duress, fraud, mistake, and undue influence. The trial court dismissed his complaint on demurrer.
Issue
Did Odorizzi's amended complaint state a sufficient cause of action for rescission of his resignation based on undue influence, despite failing to establish duress, menace, fraud, or mistake?
Holding
Yes, the appellate court held that Odorizzi's complaint stated a sufficient cause of action for rescission based on undue influence, reversing the trial court's dismissal.
Rule
Undue influence involves excessive pressure applied to a person who is unduly susceptible, overcoming their will without convincing their judgment. This 'overpersuasion' often exhibits characteristics such as discussion at an unusual time/place, insistent demands, emphasis on negative consequences of delay, multiple persuaders against a single party, and absence of third-party advisors.
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