How To Prove A California Duress Defense

 

How To Prove A California Duress Defense

 

In California, a defense of Duress is defined as:

Duress is unlawful pressure exerted upon a person to coerce that person to perform an act that he or she ordinarily would not perform.

It simply means:

When one person coerces another to do something he or she wouldn’t normally do.

There are 3 elements of the defense:

  • Element 1. The plaintiff used a wrongful act or wrongful threat to pressure defendant into consenting to a contract. The plaintiff forced the defendant to agree to a contract by using an illegal action or a threatening situation, making the defendant feel they had no choice but to consent.

    Facts that might support this element look like:

    * The plaintiff threatened to publicly disclose damaging information about the defendant unless they signed the contract.
    * The plaintiff repeatedly called the defendant, insisting that failure to sign the contract would result in severe financial consequences.
    * The plaintiff implied that they would take legal action against the defendant if they did not agree to the terms of the contract.
    * The plaintiff used aggressive tactics, including intimidation and harassment, to coerce the defendant into signing the agreement.
    * The defendant felt they had no reasonable alternative but to consent to the contract due to the plaintiff’s threats.

  • Element 2. The defendant was so afraid or intimidated by the wrongful act or wrongful threat that he or she did not have the free will to refuse to consent to the contract. The defendant felt so scared or pressured by someone’s wrongful actions or threats that they couldn’t freely choose to say no to the contract.

    Facts that might support this element look like:

    * The defendant received a threatening phone call from the plaintiff, stating that harm would come to their family if they did not sign the contract immediately.
    * The defendant was physically confronted by the plaintiff in a menacing manner, making them fear for their personal safety.
    * The defendant was informed that failure to comply with the plaintiff’s demands would result in severe financial repercussions, leaving them feeling cornered.
    * The defendant was isolated from friends and family during the negotiation, increasing their sense of vulnerability and fear.
    * The defendant expressed to a witness that they felt they had no choice but to agree to the contract due to the pressure exerted by the plaintiff.

  • Element 3. The defendant would not have consented to the contract without the wrongful act or threat. The defendant only agreed to the contract because they were pressured or threatened, meaning they wouldn’t have signed it if not for that wrongful influence.

    Facts that might support this element look like:

    * The defendant was threatened with physical harm if they did not sign the contract.
    * The defendant was misled about the consequences of not agreeing to the contract, leading to their coerced consent.
    * The defendant was under extreme emotional distress due to the wrongful act, impairing their ability to make a rational decision.
    * The defendant was given an ultimatum that left no reasonable alternative but to consent to the contract.
    * The defendant was isolated from legal counsel during the negotiation process, preventing informed consent.

(See California Civil Jury Instructions (CACI), No. 332.)
If you’re in court without a lawyer and plan to assert a Defense of Duress, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively present your Defense of Duress.

Prove Your CA Duress Defense

U.S. Civil Cases Only

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