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Kathleen K. v. Robert B.

California Court of Appeal

198 Cal. Rptr. 273 (1984)

Facts

Kathleen K. (plaintiff) sued Robert B. (defendant) for negligence, battery, intentional infliction of emotional distress, and fraud after she contracted genital herpes from having sex with him. Kathleen argued that Robert was negligent because he inflicted injury on her by having sex with her when he knew or should have known that he had venereal disease. Kathleen also alleged that Robert defrauded her by deliberately misrepresenting to her that he did not have venereal disease, and that she would not have had sexual intercourse with him if she had known the truth. Robert argued that genital herpes is not a venereal disease. The trial court granted Robert’s motion for judgment on the pleadings based on failure to state a cause of action. Kathleen appealed.

Rule of Law

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Issue

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Holding and Reasoning (Hastings, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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