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Johnson v. Superior Court
Court of Appeal of California
95 Cal. Rptr. 2d 864 (Cal. Ct. App. 2000)
Diane and Ronald Johnson (plaintiffs) hired California Cryobank, Inc. (Cryobank) (defendant) to artificially inseminate Diane with the sperm of an anonymous donor. The Johnsons signed a contract with Cryobank, promising that they would never require or expect Cryobank to tell them the name of or any information about the anonymous donor. When the Johnsons’ child, Brittany, was born, Brittany was diagnosed with a serious kidney disease. The Johnsons brought suit against Cryobank, claiming that the sperm had come from a donor with a family history of kidney disease. The Johnsons sought to depose and obtain documents from the anonymous sperm donor. Cryobank filed a motion to quash the deposition subpoena. The trial court granted the motion. The Johnsons filed a petition for a writ of mandate, ordering the trial court to vacate its order.
Rule of Law
Holding and Reasoning (Mallano, J.)
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