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CRUZ v. SUPERIOR COURT

No. G033454.

17 Cal.Rptr.3d 368 (2004)

121 Cal.App.4th 646

Carmelita CRUZ, Petitioner, v. The SUPERIOR COURT of Orange County, Respondent; Advanced Obgyn Medical Group et al., Real Parties in Interest.

Court of Appeals of California, Fourth District, Division Three.

Rehearing Denied September 9, 2004.

Review Denied November 17, 2004.

Attorney(s) appearing for the Case

Law Offices of Michels & Watkins, Steven B. Stevens, Los Angeles, and Narbeh Bagdasarian for Petitioner.

No appearance for Respondent.

Carroll, Kelly, Trotter, Franzen & McKenna, Gregory M. Hulbert, Manhattan Beach, David P. Pruett and Lori A. Conway for Real Parties in Interest.

OPINION

RYLAARSDAM, J.

This is an action for medical malpractice allegedly resulting in birth injuries. There are bona fide issues whether the genetic condition of the minor and his mother, his guardian ad litem, caused or contributed to the injuries. Under these circumstances, the trial court did not abuse its discretion in ordering blood tests for the mother. We therefore deny the petition for a writ of mandate that sought an order directing the trial...

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