Mathew was born in 1986 with alcohol and cocaine in his system. Mathew was removed from the custody of his mother. Parental rights were eventually terminated. P was a social worker in Stockton and expressed an interest in adopting Mathew. She clearly indicated that she did not want to adopt a child with a blood disorder. P learned that Mathew had been drug exposed and was born addicted to alcohol and drugs. P was not aware of the mother’s involvement in prostitution. The adoption became final in 1990. In 1996, P learned that the mother had died of AIDS. She then took Mathew for testing and discovered he was HIV positive. D had begun procedures for HIV testing but had not adopted them until 1993. P sued Ds for negligence, intentional misrepresentation, and intentional concealment. Ds moved for summary judgment. The court found as a matter of law an adoption agency cannot be liable for mere negligence. The court granted summary judgment on negligence and intentional misrepresentation but allowed the concealment claim to stand. P presented her evidence, and Ds moved for a nonsuit. It was granted. P appealed.

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