Jessen v. Yeh
Plaintiff Rodney W. Jessen and defendant Oie Lian Yeh entered into an agreement settling Jessens personal injury claim against Yeh for $25,000. Shortly thereafter, Jessen attempted to rescind the agreement when he learned that he did not also have a claim against his mothers underinsured motorist policy. Yeh refused to accept the rescission and filed a motion to enforce the settlement. (Code Civ. Proc., 664.6.) Jessen opposed, raising his mistake of fact as a defense. The trial court rejected the defense and enforced the agreement. Jessen argues on appeal that, given the undisputed facts of this case, he is entitled to rescission as a matter of law. Court disagree and affirm the judgment.
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