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John B. v. Superior Court of Los Angeles County

137 P.3d 153 (2006)

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John B. v. Superior Court of Los Angeles County

Supreme Court of California

137 P.3d 153 (2006)

Facts

Bridget B. (plaintiff) and John B. (defendant) met in 1998. John presented himself as monogamous and healthy. The couple was married in 2000. A few months after their marriage, Bridget became ill. She learned she was HIV positive. John was then tested and found to be HIV positive. Bridget sued John. She alleged that John had unprotected sex with multiple men both before and during their marriage, causing him to become infected with HIV, which he either knowingly or negligently transmitted to her. John argued that because he did not have actual knowledge of his infection, he did not have a duty of care to prevent transmitting HIV to Bridget.

Rule of Law

Issue

Holding and Reasoning (Baxter, J.)

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