Court of Appeal of California
138 Cal. App. 4th 56 (2006)
Anna Kieturakis (plaintiff) and Maciej Keturakis (defendant) reached a marital settlement agreement (MSA) pursuant to mediation. The mediated agreement was incorporated into a judgment. The mediated agreement stated that the parties understood the fiduciary duties held by each party and were fully aware of the contents of the MSA and that the agreement was entered into free from duress, fraud, undue influence, coercion, or misrepresentation. Nearly two years after the judgment and the MSA were entered, Anna filed a motion to set aside the judgment and MSA on the grounds of fraud, duress, and lack of disclosure. Anna refused to waive the confidentiality privilege of the mediation proceedings. The trial court found that Maciej bore the burden of dispelling a presumption of undue influence. The trial court allowed evidence on what transpired during mediation. This evidence defeated Anna’s case. Anna appealed the trial court’s ruling and argued that evidence of what transpired during mediation was wrongly admitted.
Rule of Law
Holding and Reasoning (Reardon, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 220,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.