Odorizzi v. Bloomfield School District
California District Court of Appeal, Second District, Division 2
246 Cal.App.2d 123 (1966)
Donald Odorizzi (plaintiff), a schoolteacher facing criminal charges for alleged homosexual activity, was visited at home by Bloomfield School District's (defendant's) superintendent and principal shortly after his release on bail, having gone without sleep for 40 hours; they told him that if he did not resign immediately, they would suspend him and publicize the proceedings as required by statute, causing severe embarrassment, that he had no time to consult an attorney, and that immediate resignation would avoid publicity. Odorizzi resigned on the spot, but after the criminal charges were dropped, he sought reinstatement, and when Bloomfield refused, he sued alleging duress, menace, fraud, mistake, and undue influence; the trial court dismissed his amended complaint, and he appealed.
Whether a resignation extracted from an employee through high-pressure tactics — including claims of urgency, denial of time to consult counsel, and threats of embarrassment — while the employee was in a physically and mentally weakened state, states a valid claim for rescission based on undue influence.