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341 W 2nd St, Ste 4, San Bernardino, CA 92401
341 W 2nd St, Ste 4, San Bernardino, CA 92401

“As a general rule, consent by the plaintiff will preclude subsequent litigation as to the matters to which consent is given. Section 3514 of the Civil Code¬†states the maxim: ‘He who consents to an act is not wronged by it.’ One who is not wronged has no cause of action and is not entitled to sue. A closely related provision, section 3516 of the Civil Code, provides: ‘Acquiescence in error takes away the right of objecting to it.’

Consent means a capable, deliberate and voluntary assent, agreement, or concurrence in some act or purpose, reflecting mental and physical power and free action. Consent is an act unclouded by fraud, duress, menace, undue influence, physical threat, force, physical injury, or mistake.”

[California Affirmative Defenses [certain citations omitted]]

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Post Author: lawofficesofjamesrdickinson