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Perry v. Atkinson

California Court of Appeal
195 Cal.App.3d 14 (Cal. Ct. App. 1987)


Facts

In 1977, Lee Perry (plaintiff) learned that she was pregnant with the child of Richard Atkinson (defendant). Atkinson urged Perry to have an abortion. Perry did not want to abort the pregnancy. Atkinson promised Perry that if she underwent an abortion, he would conceive a child with her the next year. Perry thereafter aborted the pregnancy. Atkinson, however, did not fulfill his promise. Perry brought suit against Atkinson for fraud, deceit, and intentional infliction of emotional distress. The trial court denied Atkinson’s summary judgment motion as to Perry’s claim for intentional infliction of emotional distress. It ruled in favor of Atkinson as to the fraud and deceit claim.

Rule of Law

Issue

Holding and Reasoning (Huffman, J.)

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