What is the test for establishing a confidential relationship?
California, United States of America
The following excerpt is from Pryor v. Bistline, 215 Cal.App.2d 437, 30 Cal.Rptr. 376 (Cal. App. 1963):
In Gross v. Needham, 184 Cal.App.2d 446, 456-457, 7 Cal.Rptr. 664, 669, it is said: 'It has been repeatedly held that the amount of evidence necessary to establish such [confidential] relationship ordinarily rests with the trier of fact [citations]; in that connection, the trial court was entitled to consider whether confidence was in fact reposed 'which invests the person trusted with an advantage in treating with the person so confiding' [citation] as well as the blood relationship between the parties which 'is an important factor in determining[215 Cal.App.2d 447]
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