Legal Question in Business Law in California

My mother signed a letter in July of 2008 (under duress) that she would give machine equipment to the other party. She was forced to sign the doc. and not emotionally stable (with the passing of my father). The other party is not taking care of the business where the machines reside and my mother wants to sell some of the machines and equipment to keep the business going she is the legal owner of the machine shop and machines/equipment. Is the document signed last year legal or is it not valid?


Asked on 7/31/09, 3:23 pm

1 Answer from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Sounds like your mother was subjected to undue influence from the other party. Duress describes a different type of conduct (unlawful confinement of the person or detention of property), as defined under California Civil Code section 1569.

However, if your mother signed the agreement under undue influence, then it might be possible to rescind it. She would need to hire an attorney to file a rescission lawsuit in court because to prove undue influence is not easy to do. The other party will, of course, bring forward evidence that your mother signed it willingly under sound mind to dispute her.

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Answered on 8/01/09, 1:31 am


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