Olam v. Congress Mortgage Co.
United States District Court for the Northern District of California
68 F. Supp. 2d 1110 (1999)
Congress Mortgage Company (company) (defendant) foreclosed on Donna Olam’s (plaintiff) property. Olam filed suit against the company, alleging consumer-law violations. At the request of the trial court, Olam and the company agreed to participate in mediation and reached a settlement agreement. Olam and the company consulted with counsel and signed a Memorandum of Understanding (MOU) that memorialized the agreement. However, Olam later failed to comply with the agreement terms, and the company filed a motion to enforce the MOU. Olam filed an opposition, claiming that the agreement was not enforceable because she was under undue influence when she signed the MOU. Olam alleged that she was suffering from physical and emotional distress and that she felt pressured to sign the MOU despite not understanding the terms. Olam and the company informed the district court that they wanted the mediator to testify as to what occurred during the mediation, despite California’s codified protections for mediation communications.
Rule of Law
Holding and Reasoning (Brazil, J.)
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