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Wallis v. Smith3/1/2001
Peter Wallis and Kellie Rae Smith were partners in a consensual sexual relationship. Allegedly, Smith misrepresented that she was practicing birth control when she was not, and Wallis unknowingly fathered her child. Wallis sued Smith for money damages, asserting four causes of action-fraud, breach of contract, conversion, and prima facie tort-that the district court dismissed for failure to state a claim upon which relief may be granted. Wallis appeals that dismissal as well as a court order imposing a $1,000 sanction for improper use of subpoena authority. We affirm the dismissal, holding that under these facts, the causes of action are not cognizable in New Mexico because they contravene the public policy of this state. We reverse the imposition of sanctions under the circumstances of this case.
BACKGROUND
The following facts are taken from Wallis's complaint, which we must assume to be true for the purpose of determining whether a complaint states a viable claim for relief. See Padwa v. Hadley, 1999-NMCA-067, 8, 127 N.M. 416, 981 P.2d 1234.
Wallis and Smith began an intimate, sexual relationship some time before April 1997. They discussed contraceptive techniques and agreed that Smith would use birth control pills. Wallis and Smith further agreed that their sexual intimacy would last only as long as Smith continued to take birth control pills because Wallis made it clear that he did not want to father a child. Wallis participated in contraception only passively; he relied on Smith to use birth control and took no precautions himself.
As time went by, Smith changed her mind. She chose to stop taking birth control pills, but never informed Wallis of her decision. Wallis continued their intimate relationship, and Smith became pregnant. Smith carried the fetus to term and gave birth to a normal, healthy girl on November 27, 1998.
Wallis alleges that he has suffered, and will continue to suffer, substantial economic injury as a proximate result of his unintended fatherhood because New Mexico law requires him to pay child support for the next eighteen years. See NMSA 1978, ยง 40-11-15 (1997). Due to his statutory obligations, Wallis asserts that he has been injured by Smith's conduct, and requests compensatory and punitive damages from her. The district court determined that public policy prohibited the relief sought by Wallis, and dismissed the case with prejudice.
CONTRACEPTIVE FRAUD
A motion to dismiss for failure to state a claim under Rule 1-012(B)(6) NMRA 2001 tests the legal sufficiency of the complaint, not the facts that support it. Environmental Improvement Div. v. Aguayo, 99 N.M. 497, 499, 660 P.2d 587, 589 (1983). Under Rule 1-012(B)(6), dismissal is proper when the law does not support the claim under any set of facts subject to proof. We review rulings on such motions de novo, accepting all well-pleaded factual allegations as true and resolving all doubts in favor of the sufficiency of the complaint. Padwa, 1999-NMCA-067, 8. Therefore, appellate review affords us an opportunity to examine anew the legal sufficiency of Wallis's suit, and determine whether his allegations, if proven, would entitle him to the relief requested in a New Mexico court.
At the onset of our discussion it is important to distinguish the factual allegations of this case from other kinds of related lawsuits, and thus underscore the limited reach of this opinion. Wallis's complaint is not about sexually-transmitted disease, e.g., McPherson v. McPherson, 712 A.2d 1043 (Me. 1998), nor does it concern the damages arising from an unwanted pregnancy that led to an abortion, e.g., Alice D. v. Will
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