Odorizzi v. Bloomfield School District - oppressive and...

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Odorizzi v. Bloomfield School District 246 Cal. App. (1966) Fact: Operative Facts: A school teacher was criminally charged of homosexual activities. 2 of his superiors came up and told him he should resign at once otherwise he would “face” and suffer extreme embarrassment and humiliation, and he does not resign at once. Also they told him he did not have time to contact an attorney, and had to do it at once. The school teacher had just been in processing after being arrested, and was awake for the last 40 hours. Issue: Whether there was undue influence Rule: Undue influence: a persuasion which tends to be coercive in nature. A taking a grossly
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Unformatted text preview: oppressive and unfair advantage of another’s necessity or distress. Rational: The facts of the case shows that the superiors took advantage of his distress, and gave him no room to think on his free will, but overally pressured him and put him on an extremely urgent time line which was stricter then reality, to take advantage of his mental weakness. It was an “undue influence” Holding: There was enough evidences to support a claim of undue influence. Synthesis: Dissent/Concurrences:...
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