COUNTY OF FRESNO v. SUPERIOR COURT

Docket No. 4553.

92 Cal.App.3d 133 (1979)

154 Cal. Rptr. 660

COUNTY OF FRESNO et al., Petitioners, v. THE SUPERIOR COURT OF FRESNO COUNTY, Respondent; JAMES EDDIE WILLIAMS, Real Party in Interest.

Court of Appeals of California, Fifth District.

April 19, 1979.


Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger and George Deukmejian, Attorneys General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Gregory W. Baugher and James Ching, Deputy Attorneys General, for Petitioners.

No appearance for Respondent.

Georgeson & Emerich, C. Russell Georgeson and Ronald S. Sims for Real Party in Interest.


OPINION

HOPPER, J.

The principal issue in this writ proceeding is whether it is an abuse of discretion for a trial court to deny a motion under Evidence Code section 893 for a human leucoyte antigen (hereinafter HLA) test to establish parentage in a civil paternity suit when extended factor blood testing has already taken place and the defendant was not excluded by such test. We conclude that under the circumstances it is an abuse...

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