“Undue influence is the unfair or improper persuasion of one person by another who has attained a position of domination and power or ‘excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity.’ A party’s apparent consent to a contract or transaction, to a relationship, or to particular conduct of another person is not real or free when it is obtained through undue influence. Consent is deemed to have been obtained through undue influence only when the consent would have been refused if the acts constituting undue influence had not existed. Consent to a contract, transaction, relationship or conduct is voidable if the consent is obtained through the exercise of undue influence. As a result, undue influence will constitute an affirmative defense to any action founded on the existence of the consent. The existence of undue influence is a question of fact whenever presented.”
[California Affirmative Defenses [certain citations omitted]]
