Farb
Farb v. Superior Court of Los Angeles Cty.
Opinion
Opinion
Epstein, J.
In this case, we conclude that the “one year after the date of death” statute of limitations set out in Code of Civil Procedure section 366.2 applies to bar this action for breach of contract.
FACTUAL AND PROCEDURAL SUMMARY
In November 1993, Harold Farb and his wife Julie Benveniste Farb contracted with a surrogate mother to produce a child. The contract referred to Harold and Julie as the prospective father and prospective mother, and collectively as the prospective parents. It provided that the surrogate mother “shall be implanted with the embryo(s) created by the Prospective Father and the Prospective Mother, so the Surrogate may bear a child created and belonging to the Prospective Parents, and taken to the home of the Prospective Parents as their child. The birth of the child shall take place in California. Notwithstanding a material, incurable breach on the part of the Surrogate the Prospective Parents shall take immediate, full and absolute custody of the child upon birth. The Surrogate and her husband, if any, shall not be held liable for support, custody or any other liability relating [to] the child.”