“May I help you?” the woman asked, peering into her car.
“I’m here to pick up my sister. She’s having car trouble. She works in that building over there.” Special pointed at a building behind a fountain. This was a sprawling complex and Special had no idea which building Darius might be working in.
The woman hesitated.
Special held up her cell phone. “Do you need me to call her?”
The woman paused a second longer, then waved her through. “That’s okay. Go ahead.”
See, that’s why crazy people can come over here and blow us up. Everybody is too dang trusting.
As she drove toward the building she had just pointed at, Special prayed the woman wasn’t watching her. As luck would have it, as soon as she rounded the corner of the building relief flooded her. She saw Darius’ Lexus with the arrogant BALLER vanity license plate parked a few feet away.
Okay, girl, you can stop trippin’. The boy is working just like he said he was.
Special made a U-turn and was about to head home when Darius and an Asian woman came out of the building, talking and laughing. The woman, who wasn’t much taller than Darius from his seated position, placed a hand on his shoulder, indicating to Special that they were more than co-workers.
A streak of jealousy sliced into her chest. Working my ass.
The woman followed Darius to his car as they continued their conversation.
When Darius opened the passenger door, Special thought her heart might explode.
“She better not be going home with his ass!”
Holding her breath, Special finally let it out when she realized the woman wasn’t getting into Darius’ car. Instead, he picked up a large envelope from the passenger seat and handed it to her.
The woman took the envelope and headed for her car, which was parked three spaces over.
“Okay, I’m definitely trippin’.” Special’s pulse began to return to a normal pace.
How in the hell had she become so distrustful of men? She knew exactly how, dating a series of guys who turned out to be nothing but liars. She wondered if she’d ever be able to settle in with a man and know that he was hers for the keeping. Although she was slowly talking herself down from the cliff where Darius was concerned, the doubt suddenly returned, propelling her right back to the edge.
What if homegirl was headed to Darius’ house or Darius was headed to her place?
Special knew she should go home, but her car had a mind of its own and started following Darius as he drove out of the parking lot. His co-worker seemed to be trailing close behind him, which revved Special up even more. She couldn’t risk letting him see her, so she fell back once they made it onto the freeway. After a mile or so, she lost both of them.
Interpreting that as a sign, she decided to just take her suspicious behind home. She stopped by Kentucky Fried Chicken and picked up a two-piece and some potato wedges. She reached into the bag and started munching on the fries before she was even out of the drive-thru lane.
Instead of getting off the 405 freeway at Manchester and heading up LaBrea to Leimert Park, Special stayed on the 405 until she got to Howard Hughes Way. By her estimation, if Darius was going home, he should be there by now.
When she turned onto his street, a little voice in her head gently urged her to turn around and go home. But another louder, stronger voice encouraged her to stay the course. As she got closer, she tried to prepare herself. The Asian chick’s car would probably be parked in his driveway. If it was, so be it. At least she’d know the real deal about Darius before she really got totally sprung.
When Darius’ driveway came into view, Special’s heart did a quick flip-flop.
She’d been disappointed that she hadn’t been able to catch Bliss doing any dirt, but she was thrilled to death to find Darius home alone.
CHAPTER 48
As I make my way through the metal detectors at the Los Angeles Superior Courthouse on Hill Street, I feel the dread of deja vu. The last time I argued a motion against Girlie Cortez, she pulled a fast one that resulted in a devastating loss for me. I wonder what dirty tricks Girlie has in her arsenal today. Since we have a female judge, I assume Girlie hasn’t slept with her. Or at least I hope she hasn’t.
I scan the piece of paper taped to the courtroom door. We’re the third case on the docket. Walking inside, I give my business card to the court clerk. I’m concerned when the clerk tells me the judge hasn’t issued a tentative ruling. Judge Alice Perry had always issued tentative decisions in my prior cases. She’d then allow the counsel to argue their points, and nine times out of ten, stuck to her original ruling.
Even though my research failed to turn up any cases that were directly on point, I’m happy with the opposition brief I submitted. I made some strong arguments and I think the odds are in my favor that the judge will reject Girlie’s attempt to dismiss Fletcher’s case. It’s my hope that she will also be so outraged by Bliss’ conduct, that there will be little room for argument.
Girlie saunters in a few minutes later in a navy skirt that’s too short and a blouse that’s too tight. She nods my way and I grimace back. The first two matters before the judge are status conferences, which seem to drag on.
The court clerk finally calls McClain v. Fenton. We make our way inside the well of the courtroom and stand behind our respective counsel tables.
“This is a rather novel area of law,” Judge Perry begins. “I can’t say I’ve ever come across a case with facts similar to these.” She taps her pen on the thick stack of papers in front of her. “Neither of you were able to identify a case on all-fours, and my clerk couldn’t find one either. I didn’t prepare a tentative because I wanted to hear more argument on a couple of areas before reaching a decision.”
I won’t know whether that’s good or bad for Fletcher until she discloses what areas trouble her.
“Ms. Cortez, you contend in your opening brief that your client’s actions did not constitute fraud. Based on her deposition testimony, however, Ms. Fenton’s conduct was both intentional and contrary to the wishes of Mr. McClain. Why shouldn’t she be held liable for fraud?”
Girlie smiles up at the judge. “Your Honor, Mr. McClain has not and cannot prove the legal elements of fraud. There were no misrepresentations by Ms. Fenton regarding what would be done with Mr. McClain’s semen. Simply because he assumed it would be disposed of and my client didn’t do that, doesn’t render her conduct fraudulent.”
The judge nods, as if she agrees, which seems to encourage Girlie.
“In addition, my client didn’t trick Mr. McClain into providing his semen,” she continues. “He willingly gave it to her. In fact, I assert that it was a gift and Ms. Fenton was free to do with it as she pleased.”
The judge takes off her glasses and stares over at me, a trace of a smile on her lips.
“Counselor, Ms. Cortez makes a good point. Ms. Fenton did not act deceitfully in the manner in which she obtained Mr. McClain’s sperm or in what she did with it after obtaining it. She actually inseminated herself in his presence. How do you respond?”
The judge’s line of questioning does not bode well for Fletcher.
“First, Your Honor, I disagree that there were no misrepresentations on the part of Ms. Fenton. She told my client she was on the pill and that she didn’t want any more children. Although he was present when she inseminated herself, Mr. McClain was completely unaware of what she was doing. No reasonable person would expect that semen retrieved during oral sex would be retained and used for insemination purposes. That fact alone makes her conduct not only fraudulent, but outrageous, especially since she was well aware that Mr. McClain did not want to conceive a child with her.”
Again, the judge nods as she speaks. “Ms. Cortez contends that your client gave Ms. Fenton a gift? Isn’t that the case?”
“No. That was not his
intent. Mr. McClain did not expect Ms. Fenton to keep his semen and use it in the manner in which—”
Judge Perry cuts me off. “But your client testified at his deposition that he expected his semen would be thrown in the trash.”
“Yes, Your Honor, but—”
“And since he willingly engaged in a consensual sexual act with Ms. Fenton, doesn’t that make it a gift?”
I hesitate. “Not in my opinion. A gift is something presented with the intention that it would be kept and treasured. It wasn’t Mr. McClain’s intention to give Ms. Fenton his semen to keep for her personal use.”
The judge narrows her eyes. She’s having fun with this. “He didn’t expect her to give it back, did he?”
Of course, I can’t say what I’m thinking. No, Your Honor, he expected her to swallow it like she had every other friggin’ time.
“No,” I say. “He expected her to dispose of it as she had in the past. Had he known her intended use, he most definitely would’ve asked her to give it back.”
There are a few snickers in the gallery behind us, and I can see the judge is holding in a laugh herself. “Let’s move on to the conversion cause of action,” she says.
Girlie starts talking even before the judge gives her permission to speak. “Your Honor, as to the conversion claim, this case is no different from the decisions involving doctors sued for using their patients’ cells for medical research without their permission. I direct your attention to Moore versus the University of California, cited on page six of my brief. In that case, the California Supreme Court dismissed the plaintiff’s conversion claim for the same reasons this case should be dismissed. The patient didn’t have property rights in his cells after they were removed from his body. Hence, Mr. McClain has no property rights in his semen.”
That case is a problem for me. In Moore, a patient sued a doctor who removed his cells during treatment for leukemia and sold them for medical research, earning hundreds of thousands of dollars. Convincing a judge to ignore state Supreme Court precedent is like asking a raindrop to reverse course. Nonetheless, I give it my best shot.
“I’d like to point out, Your Honor, that the court in Moore rejected the conversion claim, in large part, for public policy reasons. It feared having a chilling effect on medical research. I’d argue that this court should hold Ms. Fenton liable for conversion because her conduct is contrary to public policy. Otherwise, we’d be condoning the granting of an economic benefit to women who trick unsuspecting men into producing children without their consent. That can’t be the kind of public policy we want to encourage as a society.”
The judge takes a long moment before speaking again. I hope she’s giving serious consideration to my argument. She’s ready to move on and turns back to Girlie.
“Ms. Cortez, as to the intentional infliction of emotional distress claim, you argued in your papers that Ms. Fenton’s conduct was not outrageous or intended to cause Mr. McClain distress. Can you really say that with a straight face?”
Girlie sputters for a second, but then recovers. “What might be outrageous to one person, could be perfectly acceptable to another. This is one of those situations.”
I jump in to ride the judge’s point home. “Your Honor, to the contrary, I contend that Ms. Fenton’s conduct was both extreme and outrageous. The fact that there are no other cases on point indicates how rare this type of behavior is.”
Instead of jumping on my bandwagon, Judge Perry turns on me. At least it feels that way.
“Assuming that’s correct, counselor, you presented no evidence that Mr. McClain has suffered any emotional distress.”
“That’s because we’re still very early in this case. No psychological exams have been conducted. My client hasn’t had a sufficient opportunity to offer evidence regarding how difficult this had been for him and the impact it’s having on his personal life. He has a fiancée. So, of course, this has been a trying time for their relationship.”
Girlie faces me instead of the judge. “My client didn’t force herself on Mr. McClain. He willingly engaged in a sexual encounter with her. So that’s what he’ll have to explain to his fiancée.”
This time Judge Perry can’t hold back a smile.
“Okay, counsel, I think I’ve heard enough,” the judge says. “I’m ready to rule. On the intentional infliction of emotional distress claim, I’m going to deny the motion for summary adjudication. I believe Ms. Fenton’s conduct was indeed extreme and outrageous as a matter of law and was intended to cause Mr. McClain severe emotional distress since she knew he did not want to conceive a child with her.” She pauses and points her ink pen in my direction. “But if this case gets before a jury, Ms. Henderson, your client will have to do more than claim he suffered mental anguish. He’ll have to produce evidence of it.”
I let out a breath. One down and two to go.
“A cause of action for conversion,” Judge Perry continues, “requires a showing of an unauthorized act that deprives a person of his property on a permanent basis or for a set period of time. Mr. McClain argues that Ms. Fenton obtained his property, that is, his semen, without his permission. Ms. Fenton counters that the semen was a gift, given to her voluntarily. I agree with Ms. Fenton’s position. The plaintiff willingly gave his semen to the defendant during oral sex. As such, it was a gift. In addition, Mr. McClain had no property rights in his semen once it left his body. On the conversion claim, I’m going to grant summary adjudication in favor of Ms. Fenton and dismiss that cause of action.”
Girlie smiles. We’re even now. But the fraud claim is the only one that matters.
“As for the fraud claim, I find that there were no misrepresentations on the part of Ms. Fenton regarding what she intended to do with Mr. McClain’s semen on that particular day. As such, there can be no finding of fraud. Her earlier representations that she was on the pill and didn’t want any more children are not relevant to her conduct on the day in question. As such, I’m granting summary adjudication as to the fraud cause of action and dismissing it as well.”
Judge Perry is already closing her file. I’m aching to push the judge to revisit her decision on the fraud cause of action, but that would likely earn me her wrath. So be it.
“Your Honor, I’d like to briefly revisit your decision on the fraud claim. If you consider that—”
“We’re done here, counselor,” the judge bristles. “Take it up with the court of appeal. Next case.”
Girlie glances over at me, gloating. She’s just gutted my case. The emotional distress claim is worthless. This is a total victory for Bliss Fenton.
I gather my papers as angst rocks my entire body. This isn’t my first loss, and it won’t be my last. That’s not what’s troubling me at the moment. My biggest fear right now is having to deliver this devastating news to Fletcher McClain.
CHAPTER 49
Fletcher listens quietly as I recap the judge’s ruling. His face shows no visible emotion. When I’m finished, he sits there, as if I’m not even in the room.
I let the silence linger, giving him the time he needs for it to sink in.
“This is unbelievable.” His voice is full of bewilderment. “Would it be worth it to appeal?”
“Maybe. Frankly, I think the judge was flat out wrong on the fraud claim. But some judges refuse to make a decision unless there’s a case precisely on point. I think the court of appeal might be more likely to find fraud on the facts of this case.”
“Sounds like you do think we should appeal.”
“Not really. And not because we couldn’t get the ruling overturned, but because even if we won, it would only be a paper victory. The only way you’re going to get any money out of Bliss is if she gets a job. And we both know that’s not going to happen. So it wouldn’t make sense to move forward with the emotional distress claim, even if you could prove damages.”
Fletcher ru
bs his chin. “So this is the end of the road?”
“Only regarding the civil case. You can and should continue to fight Bliss in family court. What she’s asking for is excessive. Darlene will certainly give Girlie a run for her money. I’ve been researching large child support awards. There’ve been some big ones, but not eighty-thousand dollars big.”
“How big is big?”
“From what I can remember, Eddie Murphy paid fifty-one thousand dollars a month for the kid he had with Spice Girl Mel B. 50 Cent got hit for twenty-five thousand dollars a month and Charlie Sheen paid fifty-five thousand dollars a month, but that was for two kids.”
“Vernetta, if you’re trying to make me feel better, it’s not working.”
I half chuckle. “I’m sorry. But I must say, I’m surprised at how calmly you’re taking this.”
“Don’t let the cool exterior fool you. I’m actually raging inside. Has your investigator been able to find out anything about the father of Bliss’ youngest son?” he asks.
“Nope. His identity is the best kept secret in town.”
“You still think it’s somebody famous?”
“Maybe. Whoever he is, he definitely wants to keep his identity a secret and I suspect he paid Bliss enough to keep her mouth shut.”
“Well, have your investigator keep digging. We need to focus now on halting that forensics exam.”
“You need to work with Darlene on that,” I say.
Fletcher nods.
“Is there something going on?” I ask. “You seem pretty unnerved about that exam.”
“I just don’t want to blow this deal we’re working on,” he says, brushing me off. “Anyway, thanks for referring me to your buddy. I really like her. Ms. Darlene Hayes is pretty ballsy. As a matter of fact, we already discussed a countermove in the event my fraud case got dismissed. I guess it’s time to put our plan into action.”
“A countermove? I’m not sure I want to know what you have in mind, but why don’t you enlighten me anyway.”
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