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.
- Decided 01/20/2005
- Published 01/20/2005
- California Court of Appeal
- 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.