Lebedowicz

MEMORANDUM **

Linda Lebedowicz, as guardian ad litem for her husband, Paul Lebedowicz, appeals the summary judgment against them and in favor of MONY Life Insurance Co. We affirm.

Paul Lebedowicz initiated, obtained counsel to pursue, discussed, and consummated a settlement of his right to continuing disability payments by obtaining a lump sum payment from MONY. The Lebedowiczes now seek to rescind the agreement on the basis that Paul did not then understand the nature, purpose and effect of what he did. See Cal. Civ.Code § 39; Gosnell v. Lloyd, 215 Cal. 244, 255-57 , 10 P.2d 45, 49-50 (1932); Bd. of Regents v. Davis, 74 Cal.App.3d 862, 870 , 141 Cal.Rptr. 670, 674 (1977); Smalley v. Baker, 262 Cal.App.2d 824, 832-36 , 69 Cal.Rptr. 521, 527-29 (1968), overruled on other grounds by Weiner v. Fleischman, 54 Cal.3d 476 , 816 P.2d 892 , 286 Cal.Rptr. 40 (1991); Mills v. Kopf, 216 Cal.App.2d 780, 783-85 , 31 Cal.Rptr. 80, 82-84 (1963). However, within the meaning of the California law cited above, the evidence is overwhelming that Paul Lebedowicz did, in fact, perfectly well understand what he was doing. In short, the district court correctly determined that no reasonable juror could…