California Court of Appeal

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PERSSON v. SMART INVENTIONS, INC., B164418

Where an agreement is induced by fraud, the trial court has the equitable power to set aside a provision of the contract in which the parties released all unknown claims, and the aggrieved party is not required to rescind the contract and return the consideration received in order to sue for fraud.

Appellate Information

  • Decided 01/20/2005
  • Published 01/20/2005

Judges

  • BOLAND, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Akin Gump Strauss Hauer & Feld, Stephen R. Mick, Robert N. Treiman and Joanna H. Kim, Los Angeles, for Defendants and Appellants., Law Offices of James R. Rosen, James R. Rosen, Beverly Hills, and Adela Carrasco for Plaintiff and Respondent.
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