Paternity Fraud Case California

In Richard . v. Superior Court (1988) 202 Cal. App. 3d 1089 [249 Cal. Rptr. 246], the plaintiff filed an action seeking to establish his paternity of two children born during his affair with L, who was married to G. (Id. at p. 1091.) After a stipulated judgment in the paternity case in which G admitted Richard's paternity and waived any rights as father of the children, G brought an action against Richard for fraud and intentional infliction of emotional distress. (Ibid.) The court determined that the case was barred by public policy and issued a writ directing entry of an order sustaining a demurrer to the complaint. (Id. at p. 1096.) The court stated: "For a man married to the mother of children at the time of their conception to be allowed to bring a tort action such as this against the true father of the children could, . . . 'seldom, if ever, result in benefit to a child.'" (Id. at pp. 1095-1096.) As a matter of policy, the court found: "We conclude here that any wrong which has occurred as a result of Richard's actions is not one which can be redressed in a tort action." (Richard P., supra, 202 Cal. App. 3d at p. 1094.)