What is the test for establishing a confidential relationship?
California, United States of America
The following excerpt is from Robert G. Haley, as Administrator of the Estate of John Otis Haley, Plaintiff and Respondent v. Frederick Friedman, as Executor of the Estate of Anna A. Friedman, Deceased, Frederick Friedman, Individually, Janice Stine and Jareen Whitta, 40 Cal.Rptr. 1 (Cal. App. 1964):
It is true, as stated in Cox v. Schnerr, 172 Cal. 371, 378, 156 P. 509, 512: '[T]hat proof of mere friendship is not sufficient to establish the sort of confidential relation which forces the donee of a valuable property
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