A Los Angeles judge tossed most claims against a sperm bank brought by an anonymous donor after people started contacting him saying they were his children.
The man is allowed to refile, but Superior Court Judge Ian Fusselman on Friday sustained the clinic’s demurrer motion as to eight causes of action, including negligence and fraud, leaving intact only a claim for intentional infliction of emotional distress.
“It seems like you’re trying to miracle an intentional tort out of what appears to be an innocent mistake or a negligent mistake,” Fusselman said.
The anonymous donor alleged that the company failed to inform him new genetic technology such as 23andMe could compromise his anonymity, or take steps to prevent the release of his information.
He was paid to participate in an anonymous program at Fairfax Cryobank Inc. as a college student in 2002. A clinic employee last year shared the donor’s ID with a person who solicited it, using a personal email that appeared to belong to an employee, according to his complaint.
Now, the alleged offspring are contacting the donor, causing “extreme remorse and regret,” the lawsuit said.
It appears the employee did not intentionally leak the information, but was instead “spoofed” or failed to adequately validate the request for information, Fusselman said.
“Go settle the case,” he said.
Fusselman also denied a motion to move the case from Los Angeles to Virginia state court, where the company is headquartered, ruling the defendants didn’t meet their burden to show that no statute of limitations there would bar the claims.
The case is Doe v. Genetics & IVF Institute, Inc., Cal. Super. Ct., No. 25NNCV0253, 9/19/25.
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