Drop Dead Diva s05e03 Episode Script
Surrogates
See that aspiring model there? That's me Deb until the day I died.
I thought I'd go straight to heaven, but there was a bit of a mix-up, and I woke up in someone else's body.
So now I'm Jane, a super-busy lawyer with my very own assistant.
I got a new life, a new wardrobe, and the only people who really know what's going on with me are my girlfriend Stacy and my guardian angel, Paul.
I used to think everything happened for a reason.
- Whoo! - Now, I sure hope I was right.
Drop Dead Diva 5x03 - Surrogates Original air date July 7, 2013 Oh, my God.
Go away! Paul, what are you doing in my bed? Trying to catch a few Z's if you don't mind.
- Get up! - All right! Geez, nice hospitality, you know? No wonder your other guardian angels quit.
They didn't quit.
They moved on, and they certainly didn't disappear for an entire week just to show up in my bed.
So you missed me.
That's sweet, Jane.
Now, if you don't mind, I'm I'm just really tired, okay? Get up! Oh, my God! You're naked.
- Relax, just a human body.
- Oh, my God.
You know, I met these twins, Tina and Gina, at Burning Man.
They said I should never even wear clothes.
- Delightful.
- And, hey, did you know that the entire clothing industry is built around body shame? Oh, fascinating.
None of it explains what you are doing in my bed! I'm hearing a lot of noise right now, okay? And what I really want to hear is just No, you shh, shh, shh! 'Cause we're gonna talk.
I'm gonna set some boundaries.
Just come back when I'm not hung over, okay? Say February.
You're drooling on my pillow! Hey, Jane! Hey, sweetie.
Good morning.
I am so tired.
Between baking, accounting, and restocking, I worked 18 hours yesterday.
Who knew owning a business would be so much work? You know, maybe you should hire more help.
I can barely pay my bills.
I just figured once the pakery was up and running, it would take care of itself, you know, like children, but the bigger it gets, the more attention it needs.
Like children.
I think I came up with a temporary solution.
- Mm-hmm? - I'm taking the day off.
Stacy So I can go to a women's business conference.
Oh.
And I get a one-on-one with a top female businesswoman.
You know, sweetie, all businesswomen are female.
What? Never mind.
Oh, listen, if Paul comes out of my bedroom, don't be alarmed.
You slept with your friend Paul?! No, no.
He just needed a place to crash.
Anyway, good luck today.
Have your questions ready.
Keep an open mind.
I always do.
Kim? Amy from prenatal yoga.
Oh.
Right.
Hey.
You, uh, you helped me get into balasana pose.
- Yeah.
- How are you? Hey.
Sorry for just dropping in like this.
It's okay.
What's going on? This baby is about to drop, and I don't want it.
Oh, Amy, I I understand that the thought of motherhood can be terrifying.
Oh, no, no, no, it's not that.
Um, this baby isn't mine.
I'm a surrogate.
Um, have a seat.
So someone hired you to carry their baby? Last year, I responded to this ad looking for surrogate mothers.
It was placed by a lawyer named Nina Lewis.
Nina took care of everything, and after I got pregnant, I started to get weekly checks.
But two months ago, the checks stopped coming, and now she won't return my calls.
Do you have the names of the intended parents? Nina used this computerized database to match the surrogates.
It's all anonymous.
She says it's easier emotionally.
Okay, um, well, let me reach out to Nina, see what I can find out.
Kim, I have two kids.
I agreed to do this because I wanted to help out a couple and make some extra money, but the thought of having another mouth to feed, it's like a freight train just bearing down on me.
I understand.
And it's gonna be okay.
Jane? Trying to decide between poppy seed and cinnamon raisin.
You're 20 minutes late to a new-client meeting.
Yeah, I don't have a new-client meeting 'cause if I did, I wouldn't have just chosen poppy seed.
These little suckers, they get stuck in my teeth.
At law firms, partners assign work to associates, and the last time I checked, you were still an associate.
Last time I checked, you were still a no.
I am a lady.
Go meet your client.
She's in your office.
Hello.
Oh, thank you for seeing me.
Oh, of course.
Sorry about the wait.
How can I help? I was engaged to a wonderful man the kind you always wish you'll find but never think you will.
I know the type.
Two days before the wedding, John and I went for a drive.
At a red light, he turned to me, then, bam, never saw it coming.
I'm so sorry for your loss.
We will definitely sue the heck out of that driver.
No, you don't understand.
At that light John broke off the engagement, said he couldn't marry me.
A week ago, I learned why.
He's been dating his dental hygienist.
I'm hurt and humiliated.
So you want to sue your ex-fiancé? Damn right.
I can't even bring myself to take the ring off.
Would you mind waiting here? I just want to confer with a partner.
Kim, a jilted bride? Really? Is this your idea of a joke?! 'Cause if it is I assure you, Miss Bendall is a real client with a real case.
You can't sue for a broken heart, Kim.
This woman doesn't need a lawyer.
She she needs a a BFF and a box of wine.
Next time you want to assign me a case, don't.
- Are you done? - Yeah.
I didn't assign you the case.
Oh, really? Okay, you said it was from a partner, and Parker's in Toronto, so Yeah, I meant my new partner, your new boss.
I don't understand.
You're working here? Kim reached out to me.
With Parker out indefinitely, she needed someone to help manage the office and generate business.
But you're a judge.
I was a judge.
As a member of the bar, I'm also a lawyer.
I'll make three times what I did on the bench, and I won't have to wear a robe to work, well, unless I want to.
But all in all, it just it seemed like a good fit.
Okay.
What about us? We're adults.
Just do your work.
We'll be fine.
You have me representing a woman whose fiancé dumped her.
That's right.
Where did you even find this woman? My jilted-fiancé support group.
I didn't realize that there was such a - It's a joke, Jane.
- Support Pam doesn't know anything about us.
Look, she's a court stenographer.
I heard what happened.
I lent a sympathetic ear.
She asked if I thought she could sue.
I said, "yeah, why not?" Because you know that courts don't like to apply contract law to affairs of the heart.
Well, judge hodge will be entertaining your argument this afternoon.
That doesn't give me much time.
Pam's fiancé led her on and then broke her heart at the last minute.
Pretty awful, don't you think? Yes.
She deserves justice swift justice.
I think if find a way to make it right.
Miss Lewis? Well, hello.
Looks like you're in the right place.
What can I do for you? Oh.
No, um, I'm a lawyer, and my friend Amy DeMarco says you've cut off her stipend.
Since you're a lawyer, you know I can't talk to you about my dealings with miss DeMarco.
You can't ask a woman to carry a child and then abandon her.
Circumstances changed.
It's a recognized risk in these arrangements.
Well We're not talking about an arrangement.
We're talking about a baby.
Live up to your obligations, or I'll have a judge force you to.
I don't know what kind of law you practice, but I'm a fertility and surrogacy law specialist.
You want to go to court? I'm ready.
Jane! What are you doing home? I could ask you the same thing.
Didn't you have your women's business conference? The morning was all about inventory accounting.
Boring! But I've got my one-on-one at 3:00.
I'm making a few special pakes so my future mentor can familiarize herself with my product.
- Good thinking.
- Mm, so, why are you home? Kim just brought a new partner into the firm Owen.
Owen is my new boss.
That can't be good.
Well, I'm not exactly sure, which is why I came home to clear my head.
On one hand, how can I ever look him in the eye after what I did? On the other, now he has to talk to me, so maybe he'll give me a second chance.
Do you really want a second chance? I mean, what about Grayson? Honestly, I was confused.
I didn't think Grayson was an option, but it's not like I considered Owen a second choice.
It's oh, my God, what is wrong with me? It's gonna be okay, sweetie.
Well, get this Owen assigned me a new case.
I have to sue a man for jilting a bride-to-be.
I mean, honestly, I do feel for the woman.
Well, if you didn't, you wouldn't be human.
Trouble is, California law doesn't allow me to sue for calling off an engagement.
Then ignore the law.
Like, in college when we decided to go skinny-dipping despite all the signs that said we couldn't.
And the cops arrested us.
And they were so cute, and we got like three of their numbers.
Oh, my God, you're right.
You're gonna go skinny-dipping.
- I'm gonna ignore the law.
- Oh.
Clothes on, thank you.
I know exactly what I'm gonna say.
Your Honor, courts get involved in matters of the heart every day divorce and annulment, pre-and post-nuptial agreements, child custody, alimony, palimony.
This case is no different.
California Civil Code section 43.
5 prohibits lawsuits for breach of promise to marry.
It was enacted in 1939, and it's still on the books today.
He's right.
Honestly, miss Bingum, you're pushing a boulder uphill.
Section 43.
5 is only on the books because no one has been brave enough to challenge it, but laws of the heart are constantly evolving.
Which side of history do you want to be on? You really want a trial? We do.
Okay.
I will not overrule the statute, but I will allow the portion of your complaint that concerns economic damages to proceed.
- Thank you.
- But let me be clear.
I am limiting your claim to quantifiable financial damages.
The pain of a broken heart has to be worth something.
Maybe so but not in my court.
What's going on in there? Oh, um, they are discussing Owen's office-furniture budget.
Seriously, why is Owen here? Seriously, he works here now.
Jane's totally freaking out about it.
This is not good.
Is this a temporary thing? Does Kim need help with a specific case? Grayson, she made him a partner.
Are you okay? You look like you just swallowed your tongue.
Excuse me.
Thank you.
Next.
Hello, miss female businesswoman.
Nice to meet you.
My name is Stacy Barrett, and my business is the pakery, an upscale dessert establishment selling pie/cake hybrids.
Interesting.
The thing is, I should be rolling in dough, but I'm still in debt.
What are your margins? I would say an inch, an inch and a half.
I like to use a lot of filling.
Your business margins.
What does it cost to make one, and what do you sell it for? That's a good question.
I think we're done here.
But I need your female-businesswoman wisdom.
Well, where's your business plan? I don't have one.
This is totally unprofessional and unacceptable.
But I brought you an assortment of mini pakes.
Miss Barrett what do you really want? To have a life.
Entrepreneurs don't have a life.
They work 24/7.
Here's my business advice.
You should either grow up or you should give up.
But you're supposed to help me.
I am helping you.
You have absolutely no business being in business.
I'm out.
Amy, please tell the court why you were interested in becoming a surrogate.
Well, it might sound odd, but I actually don't mind being pregnant.
And, you know, the extra money for my family.
$35,000 will pay a lot of bills.
And how does the process work? Well, after I passed some medical evaluations, Nina sent me to Moldova for the in vitro fertilization.
You went to Moldova? The IVF costs are significantly less in other countries.
Nina calls it pregnancy tourism.
And you got pregnant on that trip? Yes.
Nina started sending me checks.
But two months ago, they just stopped coming.
She left me with someone else's baby.
Who does that? Thank you.
Did we ever sign a contract? No.
I move to dismiss the case.
Your Honor The parties clearly entered into an agreement.
Miss Lewis posted an ad.
That's an offer.
And even a cursory look at Ms.
DeMarco will show you there is acceptance.
The initial payments constitute consideration and partial performance, hence a contract.
Under the statute of fraud, contracts for the transfer of parental rights must be in writing.
No contract, no breach.
I'm afraid she's right.
Without a written agreement, I have no choice but to dismiss.
Your Honor please, you can't leave my client and this baby in the lurch.
At least hold the biological parents responsible.
I'd love to consider your request as soon as you bring those parents into my courtroom.
Opposing counsel is the only person who's aware of their identity.
I'm sorry attorney/client privilege prevents me from disclosing that information.
Then we're done here.
Jane.
Hi.
Um, how's moving going? Oh, uh, fine, fine.
You know, when we first met, you were moving into your chambers.
That was a long time ago.
How's the case going? Big victory today.
I convinced judge hodge to let it proceed.
Is she gonna let you argue pain and emotional distress? Well, no, no, but still, I mean, we got further than I thought we'd get.
Regardless of the damages, it's not a victory if the jury can't hear how John hurt Pam.
Inconsiderate behavior caused real heartbreak.
Uh, you know what? This, uh, this isn't for my office.
- It's, uh - Oh.
- wedding gifts.
- Oh.
Your side of the family.
Do you mind returning them? No, yeah, of course.
Owen Good night, Jane.
Mmm, that smells fantastic! Wait a minute.
Is that bacon? - You don't eat bacon.
- Mmm! What's Paul doing here? Um, I found him sleeping in our hammock.
He said he was hungry, so I invited him in.
Jane, bacon is awesome.
Yeah, listen, I was kind of hoping to talk to Stacy alone.
Um, but I suppose that we can all just have some breakfast.
Sorry, you're out of bacon.
And eggs and toast.
The boy can eat.
Listen, angel, you have officially overstayed your welcome, so get out of my house and stay out.
I'll grab a shower.
- No.
- Thanks.
You're a doll.
A doll is a child's toy.
Uh, it's also a term of affection for somebody who lets me do a load of laundry.
Maybe two? I mean, no point in a shower if I don't have clean clothes.
Go.
Wedding presents, huh? Yeah.
Owen wants me to return them.
Ouch.
I got to find a way to get through to him, but he is not making it easy.
Why aren't you dressed for work? Eh, why bother? My businesswoman said I have no business being in business.
- Um, what? - She asked me what I wanted.
I told her I wanted a life.
Maybe not the right answer for a business conference.
It got me thinking.
I love the pakery but maybe not enough.
Excuse me, ladies.
Um Oh, my God, you're you're wet.
Yeah, from the shower.
Good water pressure.
Mm, do you need something, honey? Maybe a towel.
Actually, do you guys have any more shampoo? This bottle's empty.
Uh um, un under the sink.
Behind the hotel soaps.
Great.
Thanks.
What? Why are you so nice to him? He's your friend, isn't Yeah, he's a child.
Yes.
I can't help it, but I want to make him breakfast and check his hair for lice and send him on his way to school.
Okay, back to you.
This businesswoman, whoever she is, if you see her again, you tell her you created a business out of nothing but half a pie and half a cake, and that is awesome.
And you know what, sweetie? Whatever you want in life, I am behind you.
- Aww.
- Mm-hmm.
You made Owen French a partner? I know big score, right? Parker was thrilled.
I told you Owen saw me kiss Jane at their wedding.
What were you thinking? I'm sorry if Owen's presence makes you uncomfortable.
Maybe next time, you shouldn't stick your tongue where it doesn't belong.
No way.
Don't turn this around on me.
Grayson, my job is to act in the best interest of the firm.
A former judge brings us prestige and new business.
Now, this conversation is over, and I could use some help with this case.
I read the client memo.
What do you need? I need to find the unborn child's biological parents.
I'm sure your client can find someone to adopt the baby after it's born.
No, that's not the point.
The biological parents need to answer for their actions.
They got Amy pregnant and then deserted her.
You're over-empathizing with this client.
What? I'm just saying, Parker left you, and you relate to her.
You need to stop before you say one more word.
You're right.
I'm sorry.
I'll start searching for the intended parent agreement.
They have to be filed with the court prior to IVF in all surrogacy arrangements.
Good.
Well, Amy's almost full term, so the agreement would've been filed 9 to 12 months ago.
I'll keep you posted.
As Pam's wedding planner, did you help her pick out her dress? Yes.
As you can see, it complements her silhouette.
Buying a dress, it isn't just about the money.
- Am I right? - Objection.
Sustained.
Keep it to economic damages, miss Bingum.
How much was this beautiful dress? $2,188.
Let's talk about the invitations.
Did my client agonize over the guest list? Objection.
Counsel is trying to win over the sympathy of the jury.
If the jury feels sympathy, I I can't help that.
I mean, they're only human.
Miss Bingum.
Fine.
How much did she spend on the invitations? $961.
At this point, I excuse the witness, and I'd like to call John McNamara to the stand.
Mr.
McNamara, you were engaged to my client.
- Correct? - Yes.
And you were sleeping with a dental hygienist during said engagement? Objection.
If Mr.
McNamara had been honest with my client, he could've saved her a lot of money and heartbreak.
Enough.
Your next question will be about money.
Fine.
What price would you put on Pam's tears over your broken engagement? - Objection.
- What? Miss Bingum, you've just rested.
- The witness is excused.
- But closing arguments this afternoon.
And if you reference your client's pain or utter the words "emotional" or "distress," I will issue a directed verdict for the defense.
Understood.
What do you mean you couldn't find the biological parents? I checked every courthouse in the county.
Nina Lewis never filed an intended parent agreement.
Great, how are we gonna find them now? - I've got an idea.
- What are you gonna do? Trust me on this.
You want me to act? Oh, my God, what's the project? Are you representing J.
J.
Abrams? Just need your help with a client.
Can I use an accent? No.
Can I wear a costume? I look great as a mermaid or a dowager countess.
What you're wearing is fine.
But if you required me to wear red pumps, then I could write off my new peep-toe platforms.
Yes, red pumps mandatory.
Yay! I'm in.
All right, here's what I need you to do.
I saw your ad and realized I totally want to be a surrogate mom.
Well, you seem like a terrific candidate.
There is some paperwork, of course.
Do you need to go get that? Oh, no, I have the forms right here.
Ah.
This is so exciting! Uh, do you have any water? I'm very thirsty.
Oh, sure.
Oh, I meant hot water.
Actually, some tea would be lovely.
Oh, no problem.
Use two bags, first green, then chamomile, and just let them steep until the water stops steaming.
Give me a minute.
- Thank you! - Be right back.
Grayson, I'm in.
Do you see the name Amy DeMarco? Sure do, and I also see the name of the couple.
Text me a photo of the screen, then get out of there.
But I'm waiting for my tea.
- Stacy.
- Just kidding.
Okay, I got to go.
That's a big smile.
Oh, Stacy's just helping me with my case.
Really? That's fantastic.
You got to love a girl who works for shoes, right? That's true.
Oh, God, your cookie crumbled.
It's all over you.
Owen.
No, no, no, don't stop on my account.
I'm not gonna have another heart attack.
In fact, if you two want to kiss each other, have at it.
We have catalogued almost $12,000 in wedding-related expenses.
Can you think of anything else? What about frequent-flier miles? I used mine all up for our flight to Hawaii, where he proposed.
Eh, it's not really wedding-related, but you know what? We could try.
It was so romantic, Jane probably the best day of my life.
The waiter brought me a piña colada with the ring tied to a cherry stem.
- Aww.
- Mm.
It's beautiful.
Thank you.
Wait, Pam, you said Hawaii.
Yes, Kapalua Beach in Maui.
What's going on, Jane? Aloha, Pam.
We're going back to court.
I'm sorry, Mr.
Kent, but what is this about? I called you in as a courtesy.
We're offering you the opportunity to take responsibility now.
Or we'll be filing a lawsuit this afternoon.
Okay, what the hell is going on here? Mr.
and Mrs.
Newsome, meet Amy.
She's carrying your child.
You walked away from your responsibility, and we No, stop.
We didn't walk away from anything.
We want that baby more than anything in the world.
Then why did you stop payment? When we met with the lawyer, we believed we could afford the fees, but I lost my job, and Cassie's mom got sick.
We begged her to explain to you our situation.
We wanted to work out a payment plan for the rest, but she wouldn't tell us who you were.
Let me guess.
Ms.
Lewis cited attorney/client privilege? Yeah.
We even took out a second mortgage to help pay her fee.
You took out a second mortgage for $35,000? Nina's fee is $150,000.
- What?! - It's a lot of money, but we know that adoption can be expensive.
Um, Mrs.
Newsome, when was the first time you met with your attorney, Ms.
Lewis? - About six months ago.
- Mm-hmm.
Why? Would you excuse us a moment? Be right back.
Six months ago means that Amy was already three months pregnant.
Which is why the Newsomes used the word "adoption" instead of "surrogacy.
" I bet the real biological parents are just anonymous egg and sperm donors in Moldova.
It's illegal to arrange for a woman to get pregnant in order to make money off of an adoption, but Nina found a way to skirt the law by cloaking the adoption in a sham surrogacy.
Right.
She sold the unborn baby to the Newsomes and fraudulently filed an intended parent agreement just to make it look legitimate.
Which is why you couldn't find the agreement.
You were looking back 9 to 12 months.
We should've been looking six when Nina first met the Newsomes.
I'll call the clerk's office, have them run the new time frame.
Excuse me.
I'm sorry to interrupt.
Amy's water just broke.
Oh.
Coming! O-M-G, you're the businesswoman.
Yes, I'm Barbara Corcoran.
May I come in? Are you here to yell at me? I want to apologize to you for yesterday.
- Really? - You were right.
I don't know what I want out of life.
But you know what? I tasted the pakes you left behind for me, and they were delicious, and they're also trendy.
Really? But your business model is terrible.
Well, that's the reason I came to see you.
Well, of course that's why you came to me.
I've invested in every sector of the economy, I know what I'm doing, I've got a good nose for business, and I can tell you I can picture your pakeries in every major city across the country.
Is El Paso a major city? I have always wondered.
Listen, I was in your pakery this morning, and I've run numbers all morning long, and that's why I'm here, Stacy.
I want to talk to you about that.
Because you want to be partners? Oh, my God, this is fantastic! I would like every other Tuesday off.
You can have every day off, and, no, I do not want to be your partner, but I do want to buy you out, and I've brought an offer.
Oh.
It's simple, Your Honor.
I'm moving to amend my claim to include breach of promise to marry, and we are seeking emotional damages.
Miss Bingum, I have made myself perfectly clear.
New information has come to light.
Oh, did the legislature overturn a 74-year-old statute? No, but all this time, we have been talking about the wrong legislature.
John proposed, Pam accepted in Hawaii, so Hawaiian law governs, and while breach of promise to marry is not a cause of action in California, the Aloha State allows such suits.
The rule in matrimonial cases is lex fori.
The laws of the state in which the dispute is being held are presumed to govern.
That's true.
But thanks to your client, there was no matrimony, so this case should be governed under Hawaiian contract law.
Desperate stunt.
But it's got legal teeth.
We'll proceed under Hawaiian law.
Great.
I've got about three or four witnesses I want to call.
Oh, no.
The jury has to give monetary value to my client's tears.
Miss Bingum, you've rested.
Besides, despite my efforts, the jury's always heard your argument for emotional damages.
Anything else you want to add goes into your closing.
Okay.
Jane! Jane! What are you doing here? Hey, you're smiling.
I like that.
Get to the point, Paul.
Um, I get the sense that you're upset with me, and I just I just want to make things right.
Now, I used all your conditioner.
I thought it was body wash.
My skin has never been so soft.
Anyway Uh, I got you another bottle.
And I ate all your eggs, so I I I bought you - Eggs? - No.
Actually, I thought they would break, so I got you oranges.
- Uh - Um Thank you.
And lastly, um, I know I drooled on your pillowcase, so I washed it.
- You can't wash silk.
- I know that now.
Uh, so I got you a new pillowcase.
Oh, oh, God, it's polyester.
A more durable fabric.
You're welcome.
Look I still have to keep an eye on you, but I won't bother you at home ever again.
Okay? Goodbye, Jane.
Where are you gonna go? Oh, uh, some guy told me about, uh, these cardboard tents under the bridge downtown.
Sounds like camping.
All right, fine.
You can stay at my place until you find a real place of your own.
Really? Yes, but you are sleeping on the couch.
Thank you! Thank you, thank you! - Please, not the hair! - Mwah! Thank you.
I'll see you tonight? I'm gonna make you dinner.
Well, that would actually be nice.
Okay, great.
Uh, can I borrow 20 bucks? Yep.
No, I got it.
Here you go.
Thank you.
Mwah! See you! - Thanks.
- Whoo! - Shh! - Sorry! He's beautiful.
Have you guys picked out a name? So, you're you're still letting us adopt him? Of course.
He's your son.
We'll work out a payment plan, we promise.
I'm not worried about that right now.
I'm just so thankful we found you.
Can I hold him? Yeah.
Excuse me.
I'm Jeanie Rapp with child services.
I'm here to assume custody of the baby.
Oh, I'm Amy's attorney.
There must be some sort of misunderstanding.
We were recently alerted that the intended parent agreement was fraudulently back-dated and thus invalid.
Right, my office instigated that search, but we were trying to expose the woman who perpetrated the fraud, not dismantle this relationship.
Regardless of your intent, a fraud was committed.
I need to take the child.
No, no, he's our baby.
Please, ma'am, don't make this any harder than it has to be.
Miss kaswell, please, tell her.
I'm sorry.
I No.
He'll remain in state care until he's discharged into the foster system.
There's a clear moral choice here, Your Honor.
We have a baby and two people that love him and want him.
Not his biological parents? No, we've confirmed that the biological parents were anonymous sperm and egg donors with no ties to the child.
Your client obtained the child by conspiring with another party to file a deceptive affidavit.
They were following their lawyer's advice.
They're innocent.
I've already issued a warrant for the arrest of Nina Lewis, and the D.
A.
's conducting a review of every surrogacy ever arranged by her office.
Good, I hope she goes to jail for a very long time, but that doesn't In the absence of a valid intended parent agreement, the law demands that the child be remanded into state custody.
End of story.
- Apologies, Your Honor.
- Mr.
Kent.
Miss Kaswell was just leaving.
Look at this.
Always nice talking to you, Your Honor.
You have a good day.
Jane.
Hey, we need to talk.
Great, yeah, I I agree.
Uh, right now? I mean, I could do it right now.
That's fine.
I I mean, I just was I was just prepping my closing.
- You're not closing.
- What? Owen, you can't swoop in at the last second - and take over my case.
- Jane I was the one that convinced the judge - that Hawaiian law applies.
- Jane And you cannot use your new position to push me around.
Jane! You're not closing because Pam is.
What? No one can explain Pam's pain like she can.
The jury has to hear it from her.
More importantly, she needs to be heard.
Do you think the judge will allow that? She's gonna have to.
On my advice, Pam fired us.
She's proceeding pro se.
Of course, she did keep us on as standby counsel, so let's go.
I don't understand.
I'm not his mother.
You're not the biological mother, but once the intended parent agreement was invalidated by child services, under California law, the hospital was required to list you as the birth mother.
And how is that a good thing? Well, as the birth mother, his future is in your hands, and I happen to know of a very loving couple who would like to adopt.
This is really happening? You bet.
Got a baby here.
Anyone interested? Hey.
Hello.
After Nina's arrest, the D.
A.
froze her assets.
He's assured me there's more than enough to provide you with restitution, plus damages.
Oh, I just want the money that was promised.
The rest should go to him.
For his future.
How can we ever thank you? Miss Bendall, are you ready to close? You can do it.
Two years ago, John asked me out to dinner, and I spent hours getting ready for that first date.
That evening, he took me to a quaint Italian restaurant, and we talked about our dreams, our fears, what we wanted out of life.
After that, we were inseparable.
And two months and three weeks later, he told me he loved me.
God, I loved him so much, I was bursting inside.
We went on vacations together.
We met each other's families.
And then he proposed.
I saw a life with him.
And I trusted him more than I'd ever trusted anyone.
But then, without warning, he ended it two days before the wedding.
All that time we spent together, all those memories we made, none of that mattered.
For the first time in my life I found someone who loved me for who I am.
And then it was over.
After he proposed, after I planned my dream wedding, after I bought the dress, the invitations, and the cake.
It was over.
How do I get past that? - Pam - Sit down, Mr.
McNamara.
John.
Actually, if he'd like to speak, we don't object.
Well, if standby counsel has no objection I'm sorry.
I'm so sorry.
I know I hurt you.
There's no excuse.
I'll give you whatever you want If it makes you hurt less.
Miss Bendall? Miss Bendall? There's nothing else I want from this man.
Stacy.
- Hey! - Hi! Okay, so, the businesswoman came to our house and gave me this.
She wants to buy the pakery? She loved the pakery.
Me, not so much.
What'd you tell her? I told her it's not for sale.
This is enough to get you out of debt with enough left over to figure out what I want out of life.
- Yeah! - Which is why I then told her that I couldn't make a decision like this without talking to you.
You are my investor.
Well, I am also your best friend.
So I support whatever decision you make.
Like I said, what you have done is awesome.
Which is exactly what I knew you'd say.
So I said yes a half-hour ago.
Yay! Congratulations! Oh! Ah, we're totally gonna go out and celebrate tonight, and then I'm gonna sleep for like a week.
I can't wait to celebrate.
I just need to do something.
Okay.
I filed the paperwork for Pam economic damages, nothing more.
And you were right about letting her deliver the summation.
I think it gave her closure.
Good work.
I wish that you would talk to me.
I wish that you wanted to talk to me.
And I don't care if you yell or throw things.
I deserve it.
Before I met you I was fine.
Single, sure, but, uh I was happy.
I thought I had a rich and fulfilling life.
And now that I've lost you I feel lonely.
Lonely all the time.
No matter where I am, no matter who I'm with, I feel alone.
Please let me back in, please.
I will prove myself to you.
I mean, look look, I never left.
I'm still wearing your ring.
Owen I want to marry you.
And I want to be with you.
I want to be with you now and always.
I know it's not easy to forgive me.
But I I believe that in time, we can get back to the way we were.
Before you kissed Grayson.
Yes.
That is exactly why we'll never get back to the way we were.
I thought I'd go straight to heaven, but there was a bit of a mix-up, and I woke up in someone else's body.
So now I'm Jane, a super-busy lawyer with my very own assistant.
I got a new life, a new wardrobe, and the only people who really know what's going on with me are my girlfriend Stacy and my guardian angel, Paul.
I used to think everything happened for a reason.
- Whoo! - Now, I sure hope I was right.
Drop Dead Diva 5x03 - Surrogates Original air date July 7, 2013 Oh, my God.
Go away! Paul, what are you doing in my bed? Trying to catch a few Z's if you don't mind.
- Get up! - All right! Geez, nice hospitality, you know? No wonder your other guardian angels quit.
They didn't quit.
They moved on, and they certainly didn't disappear for an entire week just to show up in my bed.
So you missed me.
That's sweet, Jane.
Now, if you don't mind, I'm I'm just really tired, okay? Get up! Oh, my God! You're naked.
- Relax, just a human body.
- Oh, my God.
You know, I met these twins, Tina and Gina, at Burning Man.
They said I should never even wear clothes.
- Delightful.
- And, hey, did you know that the entire clothing industry is built around body shame? Oh, fascinating.
None of it explains what you are doing in my bed! I'm hearing a lot of noise right now, okay? And what I really want to hear is just No, you shh, shh, shh! 'Cause we're gonna talk.
I'm gonna set some boundaries.
Just come back when I'm not hung over, okay? Say February.
You're drooling on my pillow! Hey, Jane! Hey, sweetie.
Good morning.
I am so tired.
Between baking, accounting, and restocking, I worked 18 hours yesterday.
Who knew owning a business would be so much work? You know, maybe you should hire more help.
I can barely pay my bills.
I just figured once the pakery was up and running, it would take care of itself, you know, like children, but the bigger it gets, the more attention it needs.
Like children.
I think I came up with a temporary solution.
- Mm-hmm? - I'm taking the day off.
Stacy So I can go to a women's business conference.
Oh.
And I get a one-on-one with a top female businesswoman.
You know, sweetie, all businesswomen are female.
What? Never mind.
Oh, listen, if Paul comes out of my bedroom, don't be alarmed.
You slept with your friend Paul?! No, no.
He just needed a place to crash.
Anyway, good luck today.
Have your questions ready.
Keep an open mind.
I always do.
Kim? Amy from prenatal yoga.
Oh.
Right.
Hey.
You, uh, you helped me get into balasana pose.
- Yeah.
- How are you? Hey.
Sorry for just dropping in like this.
It's okay.
What's going on? This baby is about to drop, and I don't want it.
Oh, Amy, I I understand that the thought of motherhood can be terrifying.
Oh, no, no, no, it's not that.
Um, this baby isn't mine.
I'm a surrogate.
Um, have a seat.
So someone hired you to carry their baby? Last year, I responded to this ad looking for surrogate mothers.
It was placed by a lawyer named Nina Lewis.
Nina took care of everything, and after I got pregnant, I started to get weekly checks.
But two months ago, the checks stopped coming, and now she won't return my calls.
Do you have the names of the intended parents? Nina used this computerized database to match the surrogates.
It's all anonymous.
She says it's easier emotionally.
Okay, um, well, let me reach out to Nina, see what I can find out.
Kim, I have two kids.
I agreed to do this because I wanted to help out a couple and make some extra money, but the thought of having another mouth to feed, it's like a freight train just bearing down on me.
I understand.
And it's gonna be okay.
Jane? Trying to decide between poppy seed and cinnamon raisin.
You're 20 minutes late to a new-client meeting.
Yeah, I don't have a new-client meeting 'cause if I did, I wouldn't have just chosen poppy seed.
These little suckers, they get stuck in my teeth.
At law firms, partners assign work to associates, and the last time I checked, you were still an associate.
Last time I checked, you were still a no.
I am a lady.
Go meet your client.
She's in your office.
Hello.
Oh, thank you for seeing me.
Oh, of course.
Sorry about the wait.
How can I help? I was engaged to a wonderful man the kind you always wish you'll find but never think you will.
I know the type.
Two days before the wedding, John and I went for a drive.
At a red light, he turned to me, then, bam, never saw it coming.
I'm so sorry for your loss.
We will definitely sue the heck out of that driver.
No, you don't understand.
At that light John broke off the engagement, said he couldn't marry me.
A week ago, I learned why.
He's been dating his dental hygienist.
I'm hurt and humiliated.
So you want to sue your ex-fiancé? Damn right.
I can't even bring myself to take the ring off.
Would you mind waiting here? I just want to confer with a partner.
Kim, a jilted bride? Really? Is this your idea of a joke?! 'Cause if it is I assure you, Miss Bendall is a real client with a real case.
You can't sue for a broken heart, Kim.
This woman doesn't need a lawyer.
She she needs a a BFF and a box of wine.
Next time you want to assign me a case, don't.
- Are you done? - Yeah.
I didn't assign you the case.
Oh, really? Okay, you said it was from a partner, and Parker's in Toronto, so Yeah, I meant my new partner, your new boss.
I don't understand.
You're working here? Kim reached out to me.
With Parker out indefinitely, she needed someone to help manage the office and generate business.
But you're a judge.
I was a judge.
As a member of the bar, I'm also a lawyer.
I'll make three times what I did on the bench, and I won't have to wear a robe to work, well, unless I want to.
But all in all, it just it seemed like a good fit.
Okay.
What about us? We're adults.
Just do your work.
We'll be fine.
You have me representing a woman whose fiancé dumped her.
That's right.
Where did you even find this woman? My jilted-fiancé support group.
I didn't realize that there was such a - It's a joke, Jane.
- Support Pam doesn't know anything about us.
Look, she's a court stenographer.
I heard what happened.
I lent a sympathetic ear.
She asked if I thought she could sue.
I said, "yeah, why not?" Because you know that courts don't like to apply contract law to affairs of the heart.
Well, judge hodge will be entertaining your argument this afternoon.
That doesn't give me much time.
Pam's fiancé led her on and then broke her heart at the last minute.
Pretty awful, don't you think? Yes.
She deserves justice swift justice.
I think if find a way to make it right.
Miss Lewis? Well, hello.
Looks like you're in the right place.
What can I do for you? Oh.
No, um, I'm a lawyer, and my friend Amy DeMarco says you've cut off her stipend.
Since you're a lawyer, you know I can't talk to you about my dealings with miss DeMarco.
You can't ask a woman to carry a child and then abandon her.
Circumstances changed.
It's a recognized risk in these arrangements.
Well We're not talking about an arrangement.
We're talking about a baby.
Live up to your obligations, or I'll have a judge force you to.
I don't know what kind of law you practice, but I'm a fertility and surrogacy law specialist.
You want to go to court? I'm ready.
Jane! What are you doing home? I could ask you the same thing.
Didn't you have your women's business conference? The morning was all about inventory accounting.
Boring! But I've got my one-on-one at 3:00.
I'm making a few special pakes so my future mentor can familiarize herself with my product.
- Good thinking.
- Mm, so, why are you home? Kim just brought a new partner into the firm Owen.
Owen is my new boss.
That can't be good.
Well, I'm not exactly sure, which is why I came home to clear my head.
On one hand, how can I ever look him in the eye after what I did? On the other, now he has to talk to me, so maybe he'll give me a second chance.
Do you really want a second chance? I mean, what about Grayson? Honestly, I was confused.
I didn't think Grayson was an option, but it's not like I considered Owen a second choice.
It's oh, my God, what is wrong with me? It's gonna be okay, sweetie.
Well, get this Owen assigned me a new case.
I have to sue a man for jilting a bride-to-be.
I mean, honestly, I do feel for the woman.
Well, if you didn't, you wouldn't be human.
Trouble is, California law doesn't allow me to sue for calling off an engagement.
Then ignore the law.
Like, in college when we decided to go skinny-dipping despite all the signs that said we couldn't.
And the cops arrested us.
And they were so cute, and we got like three of their numbers.
Oh, my God, you're right.
You're gonna go skinny-dipping.
- I'm gonna ignore the law.
- Oh.
Clothes on, thank you.
I know exactly what I'm gonna say.
Your Honor, courts get involved in matters of the heart every day divorce and annulment, pre-and post-nuptial agreements, child custody, alimony, palimony.
This case is no different.
California Civil Code section 43.
5 prohibits lawsuits for breach of promise to marry.
It was enacted in 1939, and it's still on the books today.
He's right.
Honestly, miss Bingum, you're pushing a boulder uphill.
Section 43.
5 is only on the books because no one has been brave enough to challenge it, but laws of the heart are constantly evolving.
Which side of history do you want to be on? You really want a trial? We do.
Okay.
I will not overrule the statute, but I will allow the portion of your complaint that concerns economic damages to proceed.
- Thank you.
- But let me be clear.
I am limiting your claim to quantifiable financial damages.
The pain of a broken heart has to be worth something.
Maybe so but not in my court.
What's going on in there? Oh, um, they are discussing Owen's office-furniture budget.
Seriously, why is Owen here? Seriously, he works here now.
Jane's totally freaking out about it.
This is not good.
Is this a temporary thing? Does Kim need help with a specific case? Grayson, she made him a partner.
Are you okay? You look like you just swallowed your tongue.
Excuse me.
Thank you.
Next.
Hello, miss female businesswoman.
Nice to meet you.
My name is Stacy Barrett, and my business is the pakery, an upscale dessert establishment selling pie/cake hybrids.
Interesting.
The thing is, I should be rolling in dough, but I'm still in debt.
What are your margins? I would say an inch, an inch and a half.
I like to use a lot of filling.
Your business margins.
What does it cost to make one, and what do you sell it for? That's a good question.
I think we're done here.
But I need your female-businesswoman wisdom.
Well, where's your business plan? I don't have one.
This is totally unprofessional and unacceptable.
But I brought you an assortment of mini pakes.
Miss Barrett what do you really want? To have a life.
Entrepreneurs don't have a life.
They work 24/7.
Here's my business advice.
You should either grow up or you should give up.
But you're supposed to help me.
I am helping you.
You have absolutely no business being in business.
I'm out.
Amy, please tell the court why you were interested in becoming a surrogate.
Well, it might sound odd, but I actually don't mind being pregnant.
And, you know, the extra money for my family.
$35,000 will pay a lot of bills.
And how does the process work? Well, after I passed some medical evaluations, Nina sent me to Moldova for the in vitro fertilization.
You went to Moldova? The IVF costs are significantly less in other countries.
Nina calls it pregnancy tourism.
And you got pregnant on that trip? Yes.
Nina started sending me checks.
But two months ago, they just stopped coming.
She left me with someone else's baby.
Who does that? Thank you.
Did we ever sign a contract? No.
I move to dismiss the case.
Your Honor The parties clearly entered into an agreement.
Miss Lewis posted an ad.
That's an offer.
And even a cursory look at Ms.
DeMarco will show you there is acceptance.
The initial payments constitute consideration and partial performance, hence a contract.
Under the statute of fraud, contracts for the transfer of parental rights must be in writing.
No contract, no breach.
I'm afraid she's right.
Without a written agreement, I have no choice but to dismiss.
Your Honor please, you can't leave my client and this baby in the lurch.
At least hold the biological parents responsible.
I'd love to consider your request as soon as you bring those parents into my courtroom.
Opposing counsel is the only person who's aware of their identity.
I'm sorry attorney/client privilege prevents me from disclosing that information.
Then we're done here.
Jane.
Hi.
Um, how's moving going? Oh, uh, fine, fine.
You know, when we first met, you were moving into your chambers.
That was a long time ago.
How's the case going? Big victory today.
I convinced judge hodge to let it proceed.
Is she gonna let you argue pain and emotional distress? Well, no, no, but still, I mean, we got further than I thought we'd get.
Regardless of the damages, it's not a victory if the jury can't hear how John hurt Pam.
Inconsiderate behavior caused real heartbreak.
Uh, you know what? This, uh, this isn't for my office.
- It's, uh - Oh.
- wedding gifts.
- Oh.
Your side of the family.
Do you mind returning them? No, yeah, of course.
Owen Good night, Jane.
Mmm, that smells fantastic! Wait a minute.
Is that bacon? - You don't eat bacon.
- Mmm! What's Paul doing here? Um, I found him sleeping in our hammock.
He said he was hungry, so I invited him in.
Jane, bacon is awesome.
Yeah, listen, I was kind of hoping to talk to Stacy alone.
Um, but I suppose that we can all just have some breakfast.
Sorry, you're out of bacon.
And eggs and toast.
The boy can eat.
Listen, angel, you have officially overstayed your welcome, so get out of my house and stay out.
I'll grab a shower.
- No.
- Thanks.
You're a doll.
A doll is a child's toy.
Uh, it's also a term of affection for somebody who lets me do a load of laundry.
Maybe two? I mean, no point in a shower if I don't have clean clothes.
Go.
Wedding presents, huh? Yeah.
Owen wants me to return them.
Ouch.
I got to find a way to get through to him, but he is not making it easy.
Why aren't you dressed for work? Eh, why bother? My businesswoman said I have no business being in business.
- Um, what? - She asked me what I wanted.
I told her I wanted a life.
Maybe not the right answer for a business conference.
It got me thinking.
I love the pakery but maybe not enough.
Excuse me, ladies.
Um Oh, my God, you're you're wet.
Yeah, from the shower.
Good water pressure.
Mm, do you need something, honey? Maybe a towel.
Actually, do you guys have any more shampoo? This bottle's empty.
Uh um, un under the sink.
Behind the hotel soaps.
Great.
Thanks.
What? Why are you so nice to him? He's your friend, isn't Yeah, he's a child.
Yes.
I can't help it, but I want to make him breakfast and check his hair for lice and send him on his way to school.
Okay, back to you.
This businesswoman, whoever she is, if you see her again, you tell her you created a business out of nothing but half a pie and half a cake, and that is awesome.
And you know what, sweetie? Whatever you want in life, I am behind you.
- Aww.
- Mm-hmm.
You made Owen French a partner? I know big score, right? Parker was thrilled.
I told you Owen saw me kiss Jane at their wedding.
What were you thinking? I'm sorry if Owen's presence makes you uncomfortable.
Maybe next time, you shouldn't stick your tongue where it doesn't belong.
No way.
Don't turn this around on me.
Grayson, my job is to act in the best interest of the firm.
A former judge brings us prestige and new business.
Now, this conversation is over, and I could use some help with this case.
I read the client memo.
What do you need? I need to find the unborn child's biological parents.
I'm sure your client can find someone to adopt the baby after it's born.
No, that's not the point.
The biological parents need to answer for their actions.
They got Amy pregnant and then deserted her.
You're over-empathizing with this client.
What? I'm just saying, Parker left you, and you relate to her.
You need to stop before you say one more word.
You're right.
I'm sorry.
I'll start searching for the intended parent agreement.
They have to be filed with the court prior to IVF in all surrogacy arrangements.
Good.
Well, Amy's almost full term, so the agreement would've been filed 9 to 12 months ago.
I'll keep you posted.
As Pam's wedding planner, did you help her pick out her dress? Yes.
As you can see, it complements her silhouette.
Buying a dress, it isn't just about the money.
- Am I right? - Objection.
Sustained.
Keep it to economic damages, miss Bingum.
How much was this beautiful dress? $2,188.
Let's talk about the invitations.
Did my client agonize over the guest list? Objection.
Counsel is trying to win over the sympathy of the jury.
If the jury feels sympathy, I I can't help that.
I mean, they're only human.
Miss Bingum.
Fine.
How much did she spend on the invitations? $961.
At this point, I excuse the witness, and I'd like to call John McNamara to the stand.
Mr.
McNamara, you were engaged to my client.
- Correct? - Yes.
And you were sleeping with a dental hygienist during said engagement? Objection.
If Mr.
McNamara had been honest with my client, he could've saved her a lot of money and heartbreak.
Enough.
Your next question will be about money.
Fine.
What price would you put on Pam's tears over your broken engagement? - Objection.
- What? Miss Bingum, you've just rested.
- The witness is excused.
- But closing arguments this afternoon.
And if you reference your client's pain or utter the words "emotional" or "distress," I will issue a directed verdict for the defense.
Understood.
What do you mean you couldn't find the biological parents? I checked every courthouse in the county.
Nina Lewis never filed an intended parent agreement.
Great, how are we gonna find them now? - I've got an idea.
- What are you gonna do? Trust me on this.
You want me to act? Oh, my God, what's the project? Are you representing J.
J.
Abrams? Just need your help with a client.
Can I use an accent? No.
Can I wear a costume? I look great as a mermaid or a dowager countess.
What you're wearing is fine.
But if you required me to wear red pumps, then I could write off my new peep-toe platforms.
Yes, red pumps mandatory.
Yay! I'm in.
All right, here's what I need you to do.
I saw your ad and realized I totally want to be a surrogate mom.
Well, you seem like a terrific candidate.
There is some paperwork, of course.
Do you need to go get that? Oh, no, I have the forms right here.
Ah.
This is so exciting! Uh, do you have any water? I'm very thirsty.
Oh, sure.
Oh, I meant hot water.
Actually, some tea would be lovely.
Oh, no problem.
Use two bags, first green, then chamomile, and just let them steep until the water stops steaming.
Give me a minute.
- Thank you! - Be right back.
Grayson, I'm in.
Do you see the name Amy DeMarco? Sure do, and I also see the name of the couple.
Text me a photo of the screen, then get out of there.
But I'm waiting for my tea.
- Stacy.
- Just kidding.
Okay, I got to go.
That's a big smile.
Oh, Stacy's just helping me with my case.
Really? That's fantastic.
You got to love a girl who works for shoes, right? That's true.
Oh, God, your cookie crumbled.
It's all over you.
Owen.
No, no, no, don't stop on my account.
I'm not gonna have another heart attack.
In fact, if you two want to kiss each other, have at it.
We have catalogued almost $12,000 in wedding-related expenses.
Can you think of anything else? What about frequent-flier miles? I used mine all up for our flight to Hawaii, where he proposed.
Eh, it's not really wedding-related, but you know what? We could try.
It was so romantic, Jane probably the best day of my life.
The waiter brought me a piña colada with the ring tied to a cherry stem.
- Aww.
- Mm.
It's beautiful.
Thank you.
Wait, Pam, you said Hawaii.
Yes, Kapalua Beach in Maui.
What's going on, Jane? Aloha, Pam.
We're going back to court.
I'm sorry, Mr.
Kent, but what is this about? I called you in as a courtesy.
We're offering you the opportunity to take responsibility now.
Or we'll be filing a lawsuit this afternoon.
Okay, what the hell is going on here? Mr.
and Mrs.
Newsome, meet Amy.
She's carrying your child.
You walked away from your responsibility, and we No, stop.
We didn't walk away from anything.
We want that baby more than anything in the world.
Then why did you stop payment? When we met with the lawyer, we believed we could afford the fees, but I lost my job, and Cassie's mom got sick.
We begged her to explain to you our situation.
We wanted to work out a payment plan for the rest, but she wouldn't tell us who you were.
Let me guess.
Ms.
Lewis cited attorney/client privilege? Yeah.
We even took out a second mortgage to help pay her fee.
You took out a second mortgage for $35,000? Nina's fee is $150,000.
- What?! - It's a lot of money, but we know that adoption can be expensive.
Um, Mrs.
Newsome, when was the first time you met with your attorney, Ms.
Lewis? - About six months ago.
- Mm-hmm.
Why? Would you excuse us a moment? Be right back.
Six months ago means that Amy was already three months pregnant.
Which is why the Newsomes used the word "adoption" instead of "surrogacy.
" I bet the real biological parents are just anonymous egg and sperm donors in Moldova.
It's illegal to arrange for a woman to get pregnant in order to make money off of an adoption, but Nina found a way to skirt the law by cloaking the adoption in a sham surrogacy.
Right.
She sold the unborn baby to the Newsomes and fraudulently filed an intended parent agreement just to make it look legitimate.
Which is why you couldn't find the agreement.
You were looking back 9 to 12 months.
We should've been looking six when Nina first met the Newsomes.
I'll call the clerk's office, have them run the new time frame.
Excuse me.
I'm sorry to interrupt.
Amy's water just broke.
Oh.
Coming! O-M-G, you're the businesswoman.
Yes, I'm Barbara Corcoran.
May I come in? Are you here to yell at me? I want to apologize to you for yesterday.
- Really? - You were right.
I don't know what I want out of life.
But you know what? I tasted the pakes you left behind for me, and they were delicious, and they're also trendy.
Really? But your business model is terrible.
Well, that's the reason I came to see you.
Well, of course that's why you came to me.
I've invested in every sector of the economy, I know what I'm doing, I've got a good nose for business, and I can tell you I can picture your pakeries in every major city across the country.
Is El Paso a major city? I have always wondered.
Listen, I was in your pakery this morning, and I've run numbers all morning long, and that's why I'm here, Stacy.
I want to talk to you about that.
Because you want to be partners? Oh, my God, this is fantastic! I would like every other Tuesday off.
You can have every day off, and, no, I do not want to be your partner, but I do want to buy you out, and I've brought an offer.
Oh.
It's simple, Your Honor.
I'm moving to amend my claim to include breach of promise to marry, and we are seeking emotional damages.
Miss Bingum, I have made myself perfectly clear.
New information has come to light.
Oh, did the legislature overturn a 74-year-old statute? No, but all this time, we have been talking about the wrong legislature.
John proposed, Pam accepted in Hawaii, so Hawaiian law governs, and while breach of promise to marry is not a cause of action in California, the Aloha State allows such suits.
The rule in matrimonial cases is lex fori.
The laws of the state in which the dispute is being held are presumed to govern.
That's true.
But thanks to your client, there was no matrimony, so this case should be governed under Hawaiian contract law.
Desperate stunt.
But it's got legal teeth.
We'll proceed under Hawaiian law.
Great.
I've got about three or four witnesses I want to call.
Oh, no.
The jury has to give monetary value to my client's tears.
Miss Bingum, you've rested.
Besides, despite my efforts, the jury's always heard your argument for emotional damages.
Anything else you want to add goes into your closing.
Okay.
Jane! Jane! What are you doing here? Hey, you're smiling.
I like that.
Get to the point, Paul.
Um, I get the sense that you're upset with me, and I just I just want to make things right.
Now, I used all your conditioner.
I thought it was body wash.
My skin has never been so soft.
Anyway Uh, I got you another bottle.
And I ate all your eggs, so I I I bought you - Eggs? - No.
Actually, I thought they would break, so I got you oranges.
- Uh - Um Thank you.
And lastly, um, I know I drooled on your pillowcase, so I washed it.
- You can't wash silk.
- I know that now.
Uh, so I got you a new pillowcase.
Oh, oh, God, it's polyester.
A more durable fabric.
You're welcome.
Look I still have to keep an eye on you, but I won't bother you at home ever again.
Okay? Goodbye, Jane.
Where are you gonna go? Oh, uh, some guy told me about, uh, these cardboard tents under the bridge downtown.
Sounds like camping.
All right, fine.
You can stay at my place until you find a real place of your own.
Really? Yes, but you are sleeping on the couch.
Thank you! Thank you, thank you! - Please, not the hair! - Mwah! Thank you.
I'll see you tonight? I'm gonna make you dinner.
Well, that would actually be nice.
Okay, great.
Uh, can I borrow 20 bucks? Yep.
No, I got it.
Here you go.
Thank you.
Mwah! See you! - Thanks.
- Whoo! - Shh! - Sorry! He's beautiful.
Have you guys picked out a name? So, you're you're still letting us adopt him? Of course.
He's your son.
We'll work out a payment plan, we promise.
I'm not worried about that right now.
I'm just so thankful we found you.
Can I hold him? Yeah.
Excuse me.
I'm Jeanie Rapp with child services.
I'm here to assume custody of the baby.
Oh, I'm Amy's attorney.
There must be some sort of misunderstanding.
We were recently alerted that the intended parent agreement was fraudulently back-dated and thus invalid.
Right, my office instigated that search, but we were trying to expose the woman who perpetrated the fraud, not dismantle this relationship.
Regardless of your intent, a fraud was committed.
I need to take the child.
No, no, he's our baby.
Please, ma'am, don't make this any harder than it has to be.
Miss kaswell, please, tell her.
I'm sorry.
I No.
He'll remain in state care until he's discharged into the foster system.
There's a clear moral choice here, Your Honor.
We have a baby and two people that love him and want him.
Not his biological parents? No, we've confirmed that the biological parents were anonymous sperm and egg donors with no ties to the child.
Your client obtained the child by conspiring with another party to file a deceptive affidavit.
They were following their lawyer's advice.
They're innocent.
I've already issued a warrant for the arrest of Nina Lewis, and the D.
A.
's conducting a review of every surrogacy ever arranged by her office.
Good, I hope she goes to jail for a very long time, but that doesn't In the absence of a valid intended parent agreement, the law demands that the child be remanded into state custody.
End of story.
- Apologies, Your Honor.
- Mr.
Kent.
Miss Kaswell was just leaving.
Look at this.
Always nice talking to you, Your Honor.
You have a good day.
Jane.
Hey, we need to talk.
Great, yeah, I I agree.
Uh, right now? I mean, I could do it right now.
That's fine.
I I mean, I just was I was just prepping my closing.
- You're not closing.
- What? Owen, you can't swoop in at the last second - and take over my case.
- Jane I was the one that convinced the judge - that Hawaiian law applies.
- Jane And you cannot use your new position to push me around.
Jane! You're not closing because Pam is.
What? No one can explain Pam's pain like she can.
The jury has to hear it from her.
More importantly, she needs to be heard.
Do you think the judge will allow that? She's gonna have to.
On my advice, Pam fired us.
She's proceeding pro se.
Of course, she did keep us on as standby counsel, so let's go.
I don't understand.
I'm not his mother.
You're not the biological mother, but once the intended parent agreement was invalidated by child services, under California law, the hospital was required to list you as the birth mother.
And how is that a good thing? Well, as the birth mother, his future is in your hands, and I happen to know of a very loving couple who would like to adopt.
This is really happening? You bet.
Got a baby here.
Anyone interested? Hey.
Hello.
After Nina's arrest, the D.
A.
froze her assets.
He's assured me there's more than enough to provide you with restitution, plus damages.
Oh, I just want the money that was promised.
The rest should go to him.
For his future.
How can we ever thank you? Miss Bendall, are you ready to close? You can do it.
Two years ago, John asked me out to dinner, and I spent hours getting ready for that first date.
That evening, he took me to a quaint Italian restaurant, and we talked about our dreams, our fears, what we wanted out of life.
After that, we were inseparable.
And two months and three weeks later, he told me he loved me.
God, I loved him so much, I was bursting inside.
We went on vacations together.
We met each other's families.
And then he proposed.
I saw a life with him.
And I trusted him more than I'd ever trusted anyone.
But then, without warning, he ended it two days before the wedding.
All that time we spent together, all those memories we made, none of that mattered.
For the first time in my life I found someone who loved me for who I am.
And then it was over.
After he proposed, after I planned my dream wedding, after I bought the dress, the invitations, and the cake.
It was over.
How do I get past that? - Pam - Sit down, Mr.
McNamara.
John.
Actually, if he'd like to speak, we don't object.
Well, if standby counsel has no objection I'm sorry.
I'm so sorry.
I know I hurt you.
There's no excuse.
I'll give you whatever you want If it makes you hurt less.
Miss Bendall? Miss Bendall? There's nothing else I want from this man.
Stacy.
- Hey! - Hi! Okay, so, the businesswoman came to our house and gave me this.
She wants to buy the pakery? She loved the pakery.
Me, not so much.
What'd you tell her? I told her it's not for sale.
This is enough to get you out of debt with enough left over to figure out what I want out of life.
- Yeah! - Which is why I then told her that I couldn't make a decision like this without talking to you.
You are my investor.
Well, I am also your best friend.
So I support whatever decision you make.
Like I said, what you have done is awesome.
Which is exactly what I knew you'd say.
So I said yes a half-hour ago.
Yay! Congratulations! Oh! Ah, we're totally gonna go out and celebrate tonight, and then I'm gonna sleep for like a week.
I can't wait to celebrate.
I just need to do something.
Okay.
I filed the paperwork for Pam economic damages, nothing more.
And you were right about letting her deliver the summation.
I think it gave her closure.
Good work.
I wish that you would talk to me.
I wish that you wanted to talk to me.
And I don't care if you yell or throw things.
I deserve it.
Before I met you I was fine.
Single, sure, but, uh I was happy.
I thought I had a rich and fulfilling life.
And now that I've lost you I feel lonely.
Lonely all the time.
No matter where I am, no matter who I'm with, I feel alone.
Please let me back in, please.
I will prove myself to you.
I mean, look look, I never left.
I'm still wearing your ring.
Owen I want to marry you.
And I want to be with you.
I want to be with you now and always.
I know it's not easy to forgive me.
But I I believe that in time, we can get back to the way we were.
Before you kissed Grayson.
Yes.
That is exactly why we'll never get back to the way we were.