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This section contains the nature of the case and procedural background.

P was romantically involved with D. P moved to Chile. D contacted him in Chile and informed him that she was pregnant with a child that she represented as his. P returned to the United States and took a teaching job in order to support D and the child. A girl was born on or about May 26, 1997. P and D orally agreed that P would support D for a year so that she could stay home and take care of the child. In June 1998, when the child was about a year old, D began working again, and P resigned his job in order to become the child's full-time caregiver. In December 1998, D moved out of P's house, and told him“that she would soon stop paying the bills, and that he would have to return to work.” In May 1999, P went back to work, taking a position as a flight attendant. In June 1999, P and D agreed orally that P would have custody of the child 10 days each month. In September 1999, D told P she was moving to San Francisco with the child, and that he would be able to see the child only two weekends a month. P filed a paternity proceeding seeking custody of the child, who was by then almost two and one-half years old. Genetic tests were done, and P was “excluded as the biological [*384] father of the child … .” P abandoned his efforts to seek custody of the child. P sued Ds seeking money damages against D and Dashiell (D), who he alleges is the child's biological father. P eventually pleaded only unjust enrichment and a common count. Ds demurred. The trial court eventually entered a judgment dismissing the action. P appealed.

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