Magee v. State Bar
58 Cal. 2d 423 ·
Supreme Court of California · Filed
Published · citable
Cited by 3
Holding
The court held that the State Bar failed to meet its burden of proving by convincing evidence that an attorney violated his fiduciary duties by accepting testamentary and inter vivos gifts from an elderly client, notwithstanding the presumption of undue influence arising from the attorney-client relationship.
Statutes construed
- BPC § 6106
- CIV § 2235
Cited by (3)
- THE PEOPLE, Plaintiff and Respondent, v. ROBERT E. KRONEMYER, Defendant and Appellant (1987) 189 Cal. App. 3d 314
- MERILOU JENKINS, as Trustee, etc., Plaintiff and Appellant, v. CHARLOTTE J. TEEGARDEN et al., Defendants and Respondents (2014) 230 Cal. App. 4th 1128
- Estate of KATHRYNE J. AUEN, Deceased. NATIONAL FEDERATION OF THE BLIND OF CALIFORNIA, INC., et al., Contestants and Respondents, v. PATRICIA A. CARSON, Claimant and Appellant; NATIONAL FEDERATION OF THE BLIND OF CALIFORNIA, INC., et al., Plaintiffs and Respondents, v. PATRICIA A. CARSON et al., Defendants and Appellants; AMERICAN HEART ASSOCIATION, CALIFORNIA AFFILIATE, et al., Plaintiffs and Respondents, v. PATRICIA A. CARSON et al., Defendants and Appellants (1994) 30 Cal. App. 4th 300