This section contains the nature of the case and procedural background.

P and D began having an intimate relationship. P learned she was pregnant with D's child. P did not want to have an abortion, but D persisted. D promised P that even if they were not together in a year, he would conceive a child with her by artificial insemination. Based on D's promise, P terminated her pregnancy by an abortion, causing her physical and mental pain. P discovered D had never intended to keep his promise of another baby. P sued D for fraud and deceit and intentional infliction of emotional distress. The court denied D's motion for summary judgment as to P's cause of action for intentional infliction of emotional distress and granted D's motion for summary adjudication as to the fraud and deceit cause of action. The court reasoned public policy prohibits a cause of action for fraud and deceit concerning intimate matters involving procreation. P appealed.

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