O'Neil v. Spillane

In O'Neil v. Spillane (1975) 45 Cal.App.3d 147, plaintiff sued to set aside a deed creating a joint tenancy interest in defendants in her home. The court stated that confidential relationship between the parties creates a presumption that the advantage obtained by the grantee was the result of undue influence exerted on the grantor. (Id. at pp. 153-154.) But the court in O'Neil did not consider the form of the title presumption found in Evidence Code section 662.