| Court: | California Court of Appeals |
| Facts: | Odorizzi got caught up in some sort of sweep for gay persons, and spent the night in jail. Then when he got home the school superintendant and the principal showed up at his house and talked him into resigning. Now he wants to un-resign. |
| Posture: | Appeal from judgment dismissing complaint on demurrer. |
| Issue: | Was this undue influence? |
| Holding: | Yes. Reversed. |
| Rule: | Undue influence depends on a lessened capacity to make free contracts and the application of excessive strength by a dominant subject. |
| Reasoning: | Description of several ingredients in overpersuasion: inappropriate timing, inappropriate place, demand for instant action, multiple persuaders, absense of helpful advisers, etc. All this was here. |
| Dicta: | Just because he can win on this point, doesn't mean Odorizzi should necessarily continue teaching. |