Perry

Plaintiff Lee Perry appeals a judgment favoring defendant Richard Atkinson after the court granted summary adjudication of issues and sustained Atkinson’s demurrer to Perry’s second amended complaint for fraud and deceit.

Factual and Procedural Background

Perry and Atkinson met in July 1976. Although Atkinson was married, he and Perry began having an intimate relationship which continued for more than a year. During that year, Perry and Atkinson developed a relationship of trust and confidence. In August 1977 Perry learned she was pregnant with Atkinson’s child. When Perry told Atkinson, he became upset and urged her to have an abortion. Perry did not want to have an abortion, but Atkinson persisted. He told Perry that although he would like her to have his child, he wanted to postpone doing so for a year. He promised Perry that even if they were not together in a year, he would conceive a child with her by artificial insemination.

Based on Atkinson’s promise, Perry terminated her pregnancy by an abortion, causing her physical and mental pain. After the abortion, Perry discovered Atkinson had never intended to keep his promise of another baby. As a result, Perry became…