Hofert v. Latorri

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that once a fiduciary relationship has been established, if the dominant party profits from any transaction between the parties, a rebuttable presumption arises that the transaction is fraudulent
• concluding that the presumption of fraud and undue influence was not rebutted because the defendants did not show that adequate consideration was paid or that the grantor received any independence advice regarding the constructive trust
• “The defendants made no effort to rebut the presumption of fraud and undue influence that arose from the proof that a confidential relationship existed and that the dominant party had gained from the transaction.”

Source: CourtListener parenthetical corpus (CC0).