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McBRIDE v. BOUGHTON

No. A103456.

20 Cal.Rptr.3d 115 (2004)

123 Cal.App.4th 379

Richard Paul McBRIDE, Plaintiff and Appellant, v. Garianne BOUGHTON et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Two.

October 21, 2004.

Attorney(s) appearing for the Case

Glassberg, Pollak & Associates, Ruth Elin Auerbach, for Appellant.

Mitchell, Brisso, Delaney & Vrieze, Nancy K. Delaney, Eureka, Russell S. Gans, for Respondent.

RUVOLO, J.

This case calls upon us to decide, as a matter of first impression in this state, whether an unmarried man who has expended funds to support a child, in reliance on the mother's representation that he is the child's father, may sue the mother on an unjust enrichment theory for the return of the funds after discovering that the child is not his biological offspring. As a matter of public policy, we conclude...

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