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P1374 In the absence of evidence that plaintiff was unable to make a reasoned decision about settlement, or that plaintiff's consent to it was improperly induced, summary judgment for defendant was proper in an action by a plaintiff who had settled the matter, received the proceeds, spent them, and was unable to rescind the settlement by returning them, in spite of plaintiff's claim that defense counsel communicated with him knowing he was represented,.CitationMYERCHIN v FAMILY BENEFITS (Unrescinded Settlement) 162 CA4 1526 [See: CCP 2033.410; CivC 1691, 1692, 1693; Rules of PC 2-100; Sime v Malouf 95 CA2 82]
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