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Marriage of Kieturakis
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.)
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