PERRY V. ATKINSON
195 Cal.App.3d 14 (1987)
NATURE OF THE CASE: Perry (P) appealed an order, which sustained Atkinson's (D) demurrer
to P's complaint alleging fraud and deceit for breach of a promise to impregnate.
FACTS: P and D began having an intimate relationship. P learned she was pregnant with D's
child. P did not want to have an abortion, but D persisted. D promised P that even if they
were not together in a year, he would conceive a child with her by artificial insemination.
Based on D's promise, P terminated her pregnancy by an abortion, causing her physical and
mental pain. P discovered D had never intended to keep his promise of another baby. P sued D
for fraud and deceit and intentional infliction of emotional distress. The court denied D's
motion for summary judgment as to P's cause of action for intentional infliction of
emotional distress, and granted D's motion for summary adjudication as to the fraud and
deceit cause of action. The court reasoned public policy prohibits a cause of action for
fraud and deceit concerning intimate matters involving procreation. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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